Ben Bergstein, the discredited former operator of the North End Studios, has been arrested on a charge of sexual assault.
Bergstein was arraigned on Wednesday in Chittenden Criminal Court. He pleaded not guilty to one count of sexual assault, a felony under Vermont law that carries a penalty of no less than three years in jail and a fine of up to $25,000.
VTDigger first reported in April that at least eight women — including three former employees — had accused Bergstein of sexual misconduct during his time as president of the Performing Arts League, which operated North End Studios.
The organization’s leases in both Burlington and Winooski were subsequently terminated in light of the allegations against Bergstein. He resigned from the league and his wife, April Werner, said in May that she also planned to resign.
The incident that led to Bergstein’s arrest has not previously been reported, but it closely mirrors another alleged sexual assault involving Bergstein in 2016 that was made known to Chittenden County investigators but was not prosecuted.
Will Kidney, a public defender who is representing Bergstein in this case, said neither he nor Bergstein would comment.
Bergstein was not required to post bail. A status conference for the case was scheduled in Chittenden Criminal Court for Oct. 1.
The alleged assault
According to police affidavits, a woman called the Burlington Police Department on April 26 to report a sexual assault that allegedly took place in late February. The police identified her in the documents only by her initials, which VTDigger has chosen not to use.
She told the officer that she had visited Bergstein’s home to have a few drinks with him and his wife. The woman said that she had known Bergstein, 77, since she was younger and considered him a family friend and had kept in contact with him.
They were hanging out and drinking as a group until Werner went to bed. The woman was planning on spending the night. She said that, at one point, Bergstein offered her a massage. They made their way to the living room and sat on the couch, where Bergstein began rubbing her shoulders, according to the affidavit.
She said she was not sure what caused her to lose consciousness, but she later woke up across Bergstein’s lap. She told the officer that she was not sure if she blacked out or fell asleep. She woke up to him vaginally penetrating her with his fingers, she told police. He also had one hand up her shirt, groping her breast, she said.
The woman told the officer that when she realized what was happening, she pretended to wake up and Bergstein “righted” her clothes before she opened her eyes. She then walked to the kitchen to “put space between them.” Bergstein followed and asked her, “Was it good for you?”
The woman said in the affidavit that she began to feel “deeply uncomfortable” and went outside to have a cigarette. She said the incident left her feeling “disgusted” and “sick to her stomach.”
She called her boss to come pick her up from Bergstein’s home because she didn’t feel comfortable driving after drinking. She recounted to her boss what Bergstein did to her when he arrived, according to the boss’ interviews with police.
On June 30, Chittenden Unit for Special Investigations detectives Eric Dalla Mura and Krystal Wrinn interviewed Bergstein outside of the former North End Studios location in Burlington. Bergstein told them that he and the woman had gotten “physically friendly” the night that she visited him. He said she “seemed to be very needy” and “was ‘more sexual’ than she usually is.”
Bergstein alleged to officers that his accuser had, in fact, come on to him. He admitted that he touched her breasts and her genitals under her clothes. Dalla Mura asked Bergstein if the woman was saying anything while he did this, to which he responded, “No, and would I assume if she didn’t want it, she’d get up and get away.”
When the interview ended, Bergstein told officers that he’s a “friendly and open person.” He referenced the news articles about his misconduct and said, “To me it’s just totally normal behavior. Now it’s become clear to me that any kind of physical touching at all is considered harassment or whatever. And it was just a rude awakening. I’m 77 years old and I’ve been involved with people full time for 50 years.”
“I’m not an aggressor,” he added. He said the media coverage “took on a life of its own. It did what sort of those cancel culture things do.”
Parallels to 2016 incident
In its April investigation into Bergstein’s behavior, VTDigger reported that a young woman had filed a sexual assault complaint against Bergstein in 2016, and that the allegation had been investigated by CUSI detectives.
The woman, who was not yet 21, had told officers that Bergstein took her out drinking, according to police affidavits. The two returned to the studio space, after which Bergstein stripped naked to give her a massage. The woman described it as a “weird moment.” She, too, had known Bergstein for years — in her case, since she was 8 years old.
The earlier alleged victim told detectives that, in another incident, she had gotten drunk and gone to Bergstein’s home. She had been anxious about a health diagnosis she had received. She and Bergstein talked for a long time, after which he laid her down on his couch and sexually penetrated her.
The woman told the detective she had been shocked and had not said anything. She told her therapist about the incident the next day, describing it as an assault.
While her testimony provided the basis for a sexual misconduct investigation into Bergstein at the time, the case was never prosecuted.
Editor’s note: This story has been updated to preclude any potentially identifying information about the complaining witness in the case.