[T]he interim state’s attorney for Washington County says plea offers to settle cases made by his predecessor, Scott Williams, are no longer valid.
Rory Thibault, who was appointed last week after Williams resigned, has sent a letter to defense lawyers telling them he is rescinding pending offers.
“Initial review of pending cases has revealed concerns over the content, structure, and basis of some proposed offers for resolution in pending criminal cases,” Thibault wrote. The decision affects offers made on or before Nov. 13, when Williams went on medical leave.
“The rescission of offers does not represent a substantive change in policy, and should not be interpreted as a shift toward a harsher or more lenient sentencing philosophy,” Thibault wrote. “Rather, this decision is made in hope of furthering consistency in outcomes, and to ensure fairness and appropriate resolutions based on the merits of each case.”
Seven Days was first to report on the letter.
Thibault was sworn into office by Gov. Phil Scott a day after Williams, who reportedly had been receiving psychiatric care, resigned.
In announcing his resignation, Williams cited post-traumatic stress disorder prompted by his presence at the fatal shooting 2½ years ago of Lara Sobel, a state social worker.
Thibault had been an assistant attorney general in the criminal division of the Vermont attorney general’s office. Previously he served as Williams’ chief deputy.
Thibault said his office would continue to “honor agreements where a defendant has acted in reliance upon the state’s representations or offer.” Those situations include cases where a defendant has a change of plea hearing scheduled and stopped further trial preparation, or cooperated with law enforcement as part of an agreement.
The prosecutor said he’s unsure how many cases will be affected.
“A big concern was whether or not there was sufficient victim input and contact in the cases where that’s necessary prior to offers being made,” Thibault told VTDigger. He added later: “It’s really about taking stock where cases are at.”
Vermont Defender General Matthew Valerio said he understood Thibault’s position and didn’t foresee it being a problem.
“We’re not particularly concerned as far as people I’ve been talking to,” Valerio said. “What he’s trying to do is to figure out what he doesn’t know.”
Williams went on leave at the time of the sentencing hearing for Jody Herring, who killed three of her relatives in addition to Sobel.
Williams, who was with Sobel when she died, was excused from testifying at Herring’s sentencing after a judge granted his motion to quash a subpoena. Witnesses who testified at that sentencing said they saw Herring put down the rifle after shooting Sobel in downtown Barre, contradicting reports that Williams disarmed her.
The state Department of State’s Attorneys and Sheriffs, with help from county attorneys from around Vermont, has been aiding the Washington County state’s attorney’s office since Williams went on leave.
The governor has asked that the Washington County Democratic Committee recommend one or more people for him to consider as a successor to Williams, who served in the post as a Democrat.
The Washington County Democrats will meet at 10 a.m. Saturday at Kellogg-Hubbard Library in Montpelier to hear from potential candidates. Thibault said he will seek the position.
The post is up for re-election in November.
