[A] Vermont State Police sergeant has been placed on paid leave and a county prosecutor has alerted defense attorneys that he’s under investigation regarding reported missing evidence from an evidence room.
Orleans County State’s Attorney Jennifer Barrett sent a “Brady letter” to defense counsel in the northern Vermont county earlier this week regarding state police Sgt. David Roos.
Under a 1963 U.S. Supreme Court case, Brady v. Maryland, prosecutors are required to turn over all favorable evidence material in a case to the defense, including evidence related to police dishonesty and issues with credibility.
“The State’s Attorney’s Office has been made aware of possible Brady material relating to Sgt. David Roos. Sgt. Roos was found in possession of evidence that had been reported missing from the Vermont State Police evidence room,” the letter states.
“The Vermont State Police are conducting an investigation,” the prosecutor wrote, “and the State’s Attorney’s Office will make any disclosure required by law once the Vermont State Police has completed its investigation.”
The one-paragraph letter did not provide any additional information regarding the police probe.
News about the letter and investigation was first reported by the Caledonian-Record.
According to Adam Silverman, a Vermont State Police spokesperson, Roos was placed on “temporary relief duty status,” a form of paid leave, on Dec. 5.
Silverman said he was unable to release any additional information.
Roos had been working out of the state police barracks in Derby.
Barrett, the prosecutor, did not return a phone call Tuesday seeking comment. Attempts to find a working phone number for Roos was not successful.
David Sleigh, a St. Johnsbury defense attorney who also practices in Orleans County, said Tuesday he had received a copy of the Brady letter regarding Roos.
He said he was in Orleans County Superior Court on Tuesday for a hearing in a case in which Roos was the “primary” investigating officer, and the case was essentially put off while the investigation involving Roos remains ongoing.
The impact that investigation will have on the case, which involves a charge against his client of violating of an abuse prevention order, depends on what is found out, the defense attorney said. He described the nature of the investigation involving Roos, as stated in the letter, as vague.
“It could be small potatoes or it could be a big deal,” Sleigh said.
