Editor’s note: This story by Jordan Cuddemi was published by the Valley News on Oct. 31.
[W]HITE RIVER JUNCTION — Prosecutors have dismissed a sexual assault case against a former mental health and substance abuse counselor who had two offices in the Upper Valley, saying he is unfit to stand trial because he is cognitively impaired.
A Windsor County prosecutor filed 10 felony charges against Ronald Treem, 69, in March, alleging he sexually assaulted a juvenile patient during therapy sessions in 2016. While prosecutors cited potential problems in having the defendant stand trial in explaining why they dropped charges, Treem’s defense lawyers said he was innocent and attributed the decision in part to insufficient evidence.
Treem, who also taught karate in White River Junction, had pleaded not guilty, and his case was scheduled for trial later this year. But Deputy Windsor County State’s Attorney Heidi Remick said she learned of information after charging Treem that changed the course of the prosecution: Treem lacks competency to stand trial because of a traumatic brain injury, Remick and Windsor County State’s Attorney David Cahill said this week. A psychiatrist who examined him concluded that it would be difficult for Treem to assist in his own defense, Cahill said.
Remick dismissed the charges on Oct. 11, contingent on Treem’s abiding by a list of conditions. If he doesn’t, prosecutors can refile the charges, though it is unclear what recourse prosecutors might have if he is judged unfit to stand trial.
The agreement between the state and defense is that Treem, who owned Kime Associates, which provided mental health and substance abuse counseling in Springfield and White River Junction, can’t work as a therapist or counselor and must surrender his license to practice. He also can’t have contact with his victim or with anyone under the age of 18, except for supervised contact with minors who are family members.
Treem must keep in contact with the State’s Attorney’s Office and provide updated addresses and birth dates of people living with him, as well as up-to-date employment information.
Treem’s defense team, through Decato Law Office attorney Paul McDonough, objected to the public release of those conditions, which were part of an agreement Treem signed that included a confidentiality clause. The Valley News requested a copy of the conditions, and the State’s Attorney’s Office provided the document to the Valley News because “there is no lawful basis to withhold this document,” Cahill said in an emailed statement.
McDonough disagreed, suggesting the confidentiality clause was in place partly because the prosecution had something to hide.
“Mr. Treem entered into this confidentiality agreement and accepted these conditions, not because he admitted to any wrongdoing, but because this agreement brought to an end a prosecution in which he maintained his innocence throughout. That position has not changed,” McDonough said. “The prosecution ended not only due to competency issues, but evidentiary reliability issues with the state’s case. The agreement was confidential to protect both parties.”
The track Treem’s case took — much like all cases where someone is found incompetent to stand trial because of cognitive problems — isn’t ideal but “falls into a gap in the law,” Cahill said.
If a suspect is found incompetent to stand trial because of a mental illness, he or she might be put in the custody of the Department of Mental Health. But a diagnosis involving something such as a traumatic brain injury doesn’t fall in that category — or any other category defined by law, Cahill said.
Treem’s case is one of about a dozen in Windsor County that prosecutors say have been difficult to resolve because of a “gap” in state law. The Legislature has been struggling with a remedy for years, Cahill said.
What happened to the charges against Treem wasn’t readily apparent from his court file because of the confidentiality clause that was part of the agreement.
When first asked about the case, Remick declined to comment on it or release the agreement, citing the clause. She also said the document is exempt from disclosure under the state’s public records law because it contains “protected health information.”
After a review by Cahill, he said the document is not protected, and he released it. There is no health information in the agreement.
Attorney Peter Decato initially declined to comment on the case, but after the document was released, he issued a written statement.
“On behalf of Ron Treem, I want to express his disappointment that the Windsor County State’s Attorney’s Office is not abiding by our written agreement,” Decato said. “We will take this time to see what, if anything, we want to do about this.”
Prosecutors charged Treem in March after the victim came forward about the abuse that allegedly occurred at Treem’s Springfield office. The alleged victim would have been in her midteens at the time when the alleged abuse, according to an affidavit in the case.
During an interview with investigators, the girl said she had been counseled by Treem since she was 12 due to suicidal tendencies, self-harm, anxiety, depression and trauma from past sexual abuse, the affidavit says.
The girl told a forensic interviewer that Treem had expressed sexual interest in her since the beginning of their counseling sessions, and that the abuse involved sexual touching, according to the affidavit.
A recent court document indicates Treem lives in Chester, Vermont.
