[T]he Vermont Attorney General’s Office will not refile domestic assault charges against the police chief in Randolph after reviewing a case that was previously dismissed by the former Washington County state’s attorney.
Assistant Attorney General Bram Kranichfeld confirmed Monday that his office would not be bringing charges against Daniel Brunelle.
“We considered the materials that were sent to our office and we’re declining prosecution,” Kranichfeld, chief of the attorney general’s office criminal division, said Monday.
“After a careful review,” he said, “we’ve determined that the evidence described in the material provided to us don’t prove beyond a reasonable doubt that Dan Brunelle committed a crime on the dates in question.”
Kranichfeld declined further comment on the matter.
The decision was greeted with support from Brunelle’s attorney and drew criticism from the woman who accused the police chief of assault.
Brunelle had faced two misdemeanor domestic assault charges that were dismissed in November on the recommendation of then-Washington County State’s Attorney Scott Williams. No specific reasons was given for the dismissal at that time.
The dismissal of the case came on the heels of Williams going on medical leave from the office, reportedly to receive psychiatric care. In January, Williams resigned from his position as Washington County’s top prosecutor, citing post-traumatic stress disorder triggered by his witnessing one of the murders in a quadruple killing in 2015.
In the Brunelle case, the police chief was accused of assaulting a female family member in Berlin in late July and early August. The woman said that he pushed her into a refrigerator and on another occasion onto the ground.
Brunelle denied the allegations and continued to serve as chief with charges pending, and more recently under review.
The Attorney General’s Office had the authority to review the case involving Brunelle because of “concurrent jurisdiction.” They have previously said they agreed to review the matter, in part, because Williams was on medical leave when he texted a deputy prosecutor to dismiss the case and also because it involved a law enforcement officer.
“I disagree with their decision,” the woman who made the allegations against Brunelle said Monday of the Attorney General’s Office. “I was told that I was going to be brought in to be interviewed so they could get the complete story, but that did not happen.”
She said when Williams recommended dismissing the case she “took comfort” in the Vermont Attorney General’s Office agreeing to review the matter. “Nothing came of that,” she said. “The Attorney General’s Office basically made their decision based on an incomplete report.”
She said she was told by the Attorney General’s Office that one of the main reasons they were not going to go forward with the case was because, on the night Brunelle was arrested, she told police the pain from the reported assault was about three on a scale of one to 10.
“I told them I had the wind knocked out of me more than it actually hurt,” she said. “The AG’s office said because it was only a three on a scale from one to 10 they weren’t going to go forward with the case.”
The woman added, “I thought it was ridiculous … Do I need to wind up in the hospital for them to take it seriously?”
Craig Nolan, an attorney representing Brunelle, said Monday that the evidence in the case did not support the filing of charges.
“There was no evidence that even corroborated her stories,” Nolan said. “She had specific motivation to make false accusations, and she knew that she could hurt Dan and his career by making those false allegations.”
Questions were also raised about credibility issues involving the arresting officer in Berlin, Joseph Carriveau.
VTDigger reported in November that Carriveau had a disciplinary problem while attending the Vermont Police Academy in Pittsford. After Brunelle’s arrest, Carriveau took a job with the Barre Police Department. Barre Police Chief Tim Bombardier later confirmed that Carriveau resigned from the force in November.
WCAX reported Monday that while at the police academy Carriveau allegedly plagiarized a paper on the topic of the use of deadly force, and then was not truthful about it.
Washington County State’s Attorney Rory Thibeault, who was appointed to the position this month following Williams’ resignation, said Monday that he will be conducted his own review of the Brunelle case.
He said that he will be independently reviewing all the evidence of the case, including issues of credibility.
“At the end of the day, it boils down to can we prove this in court and, as prosecutors, do we have confidence that the witnesses and evidence being put forward are credible,” he said. “In any case … every witness, and to be honest, even physical evidence, is subject to be challenged and scrutinized.”
Kranichfeld declined Monday to specifically comment on the issue of Carriveau’s credibility and what role, if any, that had in the decision to not refile charges.
“I’m not going to comment on the substance of the evidence that we reviewed,” he said. “I will say that, again, we conducted an independent review. We looked at independently and, based on our review of the evidence, we determined there wasn’t enough to meet the reasonable doubt standard.”
According to Nolan, Cariveau took a photograph during his work on the Brunelle case to show reported “redness” to area where the woman said she was injured, but when the images were viewed on a high-resolution monitor “it is clear that no such redness exists.”
Nolan added of the officer, “His characterization of there being some redness was at the very least mistaken.”
The woman who accused Brunelle of assault said Monday that she believed Brunelle received “preferential treatment” because he worked in law enforcement
“I think that carried through the whole process,” she said.
Nolan disputed that contention.
“I think as a police officer, and in particular a police chief, that his actions were scrutinized more than a non-police officer,” the attorney said.
Brunelle started as chief in Randolph in June following nearly two decades on the force in South Burlington, where he won an award for helping domestic violence victims.
