The criminal case against Franklin County Sheriff John Grismore is on hold — again.
Grismore, whom state lawmakers are weighing whether or not to impeach, has pleaded not guilty to a simple assault charge stemming from an August 2022 incident in which he repeatedly kicked a handcuffed man in the groin. A deputy in the sheriff’s office at the time, he was voted in to the top job several months later.
Attorneys representing the sheriff have moved to dismiss that assault charge, though a judge postponed hearings on the motion in March 2023 and again in May.
On Thursday, Superior Court Judge Samuel Hoar again put the matter on ice because the man Grismore kicked — Jeremy Burrows — was not inside the courtroom, as he was required to be by a subpoena issued by Grismore’s lawyer, Robert Kaplan.
Burrows attended the hearing remotely, but Kaplan told the judge that he was not willing to question Burrows over video because “I have an intention of how to conduct an examination of him that insists that he be here,” the attorney said Thursday.
Grand Isle State’s Attorney Doug DiSabito, who is prosecuting Grismore, told the judge that Burrows does not have stable housing and is living at a motel in Berlin. DiSabito said Burrows received notice of the subpoena earlier this week, but that wasn’t enough time for him to arrange transportation to get to the North Hero courthouse.
Burrows said over a choppy video signal that he relies on public buses to get around.
“We have somebody that is indigent and struggles with just getting places,” DiSabito said. He noted that only the defense, not the state, is asking Burrows to testify.
After some discussion over how Burrows could get from Berlin to the North Hero courthouse for a rescheduled hearing, Kaplan told the judge he was willing to drive Burrows from Burlington, where the defense attorney is based.
Burrows said he can get to Burlington on his own, and Hoar signaled his approval for the unconventional carpool.
“I’m going to ask the clerk to be in communication with you, Mr. Kaplan, as we reschedule (the hearing), to make sure not only that you have the time, but that it’s at a time that would allow you, then, to coordinate transportation of Mr. Burrows,” Hoar said.
The judge did not set a date Thursday morning for when the hearing will continue.
Grismore’s criminal proceedings were postponed earlier this year after the lawyer who was initially representing him and filed the motion to dismiss the charge — Robert Katims of Hinesburg — was appointed to the state superior court bench.
As the sheriff’s case drags on, he continues to face multiple investigations into his conduct. Vermont State Police, for one, have been investigating Grismore for alleged financial wrongdoing uncovered during a routine audit of the sheriff’s office.
And the House committee investigating whether Grismore should be impeached because of his treatment of Burrows and other issues has retained special counsel. Burlington law firm Downs Rachlin Martin was hired last month to look into a host of allegations now levied against the sheriff, and then to report back.
(The committee also hired another special counsel to investigate Franklin County State’s Attorney John Lavoie, who is facing possible impeachment after a report found that he harassed and discriminated against his employees.)
Among Downs Rachlin Martin’s charges are to investigate whether Grismore is “properly fulfilling” his duties as sheriff, whether he is “properly managing and accounting for the budget and finances” of the department, and if he is misusing his office for “improper purpose or personal gain,” according to the firm’s contract with the state.
Reached on Thursday, Rep. Mike McCarthy, a St. Albans Democrat and vice chair of the impeachment committee, said the panel’s work is not tied to the timeline of the criminal case — and he and other members already have a lot of information.
“If we come to the same conclusions, it’ll certainly bolster our case,” McCarthy said. “But the committee’s investigation is completely separate.”
The committee should start hearing initial findings from the special counsel investigating Grismore by the end of the month, he said.
