A Bennington white nationalist is scheduled for a joint plea-change and sentencing hearing on multiple criminal cases after telling the court he has reached a plea agreement with the local prosecutor’s office.
At a hearing Thursday afternoon, the attorney representing Max Misch, 39, said a resolution has been reached on the five criminal cases that the Bennington County State’s Attorney’s Office is prosecuting.
They encompass a felony charge of obstruction of justice, as well as twin felony charges of first-degree aggravated domestic assault that Misch earlier wanted to bring to trial. He’d been set for a jury draw on May 3.
“(Deputy State’s Attorney Alex Burke) and I have come to a meeting of the minds as to all the matters of which the Bennington State’s Attorney’s Offices is prosecuting,” public defender Fred Bragdon said.
Bragdon said he and Misch have signed the plea agreement. They’re now waiting for the prosecutor’s signature before publicly filing the document.
Judge Cortland Corsones ordered that Misch be scheduled for a change of plea hearing and sentencing after 30 days have passed. The exact date was not available as of Thursday evening.
The terms of the agreement are unclear, such as what allegations Misch would admit to, if any of the charges would be dismissed and what penalties he would face.
Under state law, Misch’s most serious charges — two counts of first-degree aggravated domestic assault — each carry a maximum penalty of 15 years in prison and/or a $25,000 fine.
Burke, who was out of the office on Thursday, couldn’t be reached for further details about the plea deal. Bennington County State’s Attorney Erica Marthage also couldn’t be reached for comment.
Bragdon told the court the agreement was part of the state’s “Act 14 pilot project.”
Act 14, a law that took effect last year, relates to pretrial risk assessments and pretrial services. Its provisions include creating a “pilot project for the Department of Corrections to provide the court with a report prior to sentencing defendants to probation for felonies,” according to a summary of the law.
The Attorney General’s Office is prosecuting four of Misch’s nine pending cases, including his high-profile charges of illegally possessing high-capacity firearm magazines. This case is awaiting trial.
Misch, a combat veteran of the Iraq War, has been placed on house arrest 22 hours a day because of his mounting charges.
The curfew was added to Misch’s previous conditions of release from jail, which include not having contact with former Bennington state Rep. Kiah Morris.
Misch has admitted to racially harassing Morris when she was the only Black woman in the state Legislature. She resigned in the summer of 2018, citing racial harassment as a reason.
Vermont Attorney General TJ Donovan investigated the matter, but decided not to file criminal charges against Misch or anyone else, pointing to the broad protections of the First Amendment.