BURLINGTON — Addison County Sheriff Peter Newton, arrested last week on felony sex assault charges, was allowed in court to question the people who testified that he poses a threat to himself and others, including a member of his own force, his ex-wife and his adult daughter.
Newton represented himself Thursday as he fought extensions on two orders — an Extreme Risk Protection Order sought by a prosecutor and a relief from abuse order from his ex-wife — that had been granted against him on a temporary basis.
Superior Court Judge Kirstin Schoonover allowed Newton, acting as his own lawyer, to cross-examine each of the witnesses called to testify against him during the mostly virtual hearing in Chittenden County Superior family court in Burlington.
The result was Newton pressing his former wife, his daughter and a deputy in the department over their testimony that they were fearful he could harm himself and others.
The witnesses testified that they had become alarmed in April when Newton posted a video on Facebook after VTDigger reported that Newton was under criminal investigation for a “domestic disturbance” at his home. His arrest last week on two counts of sexual assault and one count of unlawful restraint had only raised their concerns, they said.
The witnesses also testified they feared they would be the person Newton believed had “leaked” information to VTDigger about the ongoing probe.
Newton, in the roughly 18-minute Facebook video, talked about having been “suicidal,” and also being “good at always putting up a good front.”
Deputy Sheriff Donald Sweet II testified in court Thursday that seeing the video was “kind of a shock to the system.” He was concerned by how “unstable” Newton appeared, he said.
“He was calling everybody out,” Sweet said. “It looked like he was taking care of business, like the end was near.”
Washington County State’s Attorney Rory Thibault, who is prosecuting Newton on the criminal charges, asked Sweet if he believed that it would be safe for Newton to possess firearms “at this point in time.”
“I do not,” replied Sweet, who said he has known Newton for over two decades.
“Do you think it would be safe for him to perform law enforcement duties at this time?” Thibault asked.
“I do not,” Sweet responded.
Just days after the video was posted online, Sweet sent an email to Michael Schirling, who was then commissioner of the state Department of Public Safety.
“It is my opinion that due to his current behavior he is mentally/emotionally unfit to continue to serve in his role as Sheriff or to even continue to serve in any capacity in law enforcement,” the deputy wrote in the email to Schirling.
Thibault on Thursday asked the deputy if he feared sending that email would anger Newton if he found out he had done it.
“You sent this message despite the risk,” the prosecutor said to Sweet.
“Absolutely,” Sweet said, adding that he wanted to get Newton the help he believed he needed and to ensure no one got harmed.
Newton, in questioning Sweet, brought up the night he posted the video on Facebook. Another member of the department had come to see him later that night and then Sweet stopped by, Newton said.
Newton asked Sweet if he recalled the other member of the department telling him anything about Newton’s condition that night. Sweet replied that he remembered being told that Newton was “extremely intoxicated.”
“Did anybody Breathalyze me?” Newton asked the deputy. “Did he say I couldn’t stand up, I couldn’t walk?”
“He didn’t say anything else other than that, that you were intoxicated,” Sweet said. “I don’t remember the specific terms.”
“So I might not have been intoxicated? OK,” Newton responded.
“He might not have said extremely intoxicated, he might have said wasted, he might have said shitfaced,” Sweet said, adding that he didn’t recall the exact wording.
His daughter testified that she was concerned about her father’s mental health.
“Things have obviously gotten worse and I’m concerned about other people as well,” she said.
“Do you have any questions for your daughter?” Schoonover, the judge, asked Newton.
“I do,” he said.
Newton then asked his daughter several questions, including about her observations of his alcohol consumption, her relationship with a sibling and a prior accident that left her hospitalized.
He said he didn’t dispute having a drink or two a night, but not as many as the four or five his daughter told state police in a statement.
“I am just testifying to the best of my knowledge and my memory,” she replied, later adding, “It’s honest to what I believe.”
Newton has pleaded not guilty to the charges against him and has been released on conditions, including that he not possess firearms or take part in law enforcement activities. Even with those conditions, Newton continues to serve as sheriff.
He has refused to step down from his elected post despite several calls for him to do so, including in a joint letter signed by Democratic state lawmakers from across Addison County as well as in a statement issued by Republican Gov. Phil Scott.
Newton had announced in the video he posted shortly after the criminal investigation was publicized that he would not run for re-election to a second four-year term in November.
Schoonover held the proceedings on both court orders simultaneously on Thursday, since both matters featured the same witnesses and much of the same evidence.
The hearing that started in the early morning and stretched into the afternoon was continued to an undetermined date, as Newton still had witnesses he wanted to call on his behalf. The judge also wanted time to watch the video before issuing a decision, she said.
All the participants in the proceedings Thursday appeared over video, except Thibault, who said he appeared in person because he needed to deliver a DVD version of Newton’s Facebook video to ensure the judge could watch it.
Thibault was seeking to extend the order under Vermont’s version of a “red flag” law for six months, the maximum allowed under the statute. The order prohibits a person from possessing firearms while it is in effect.
The judge asked Newton if he wanted to proceed with challenging the extension of the Extreme Risk Protection Order since his conditions of release on the criminal charges also prevent him from possessing firearms.
“I need to start picking away at these one at a time,” he told the judge, adding, “Let’s go.”
