RORY T. THIBA ULT
TA TE '5 A TTORNE 

 

OLL LEA CH
VICTIM ADVOCA TE

l/ . KRISTIN GOZZI KA THLEEN DA UB-STEARNS
DEP UTY STA TE A TTORNEY VICTIMADVOCA TE
ASHLEY HILL TODD PROTZMAN
DEP UTY STA TE A TTORNE IN VESTIGA TOR
STATE OF VERMONT

ALF ONSO VILLEGAS OFFICE OF THE SUSAN SABENS

DEPUTY STA TE '5 ATTORNEY WASHINGTON COUNTY ATTORNEY ADMINISTRATIVE SECRETARY
25 5 NORTH MAIN STREET, SUITE 9 LIZ HEB RT
BARRE, VT 05641?4 163 SUPPORT SECRETARY

TELEPHONE: (802) 479-4220
FAX: (802) 479?4408

:lanuary 11, 2018
To: Defense Counsel with Active Washington County Criminal Cases
Re: Prior Offers of Resolution

Dear Counsel:

Initial review of pending cases has revealed concerns over the content, structure, and basis of
some proposed offers for resolution in pending criminal cases. Accordingly, effective this date,

. all offers made ,on or prior to November 13, 2017 are hereby rescinded. Additionally, all offers
on felony dockets made prior to January 9, 2018 are also rescinded. This does not extend to
cases where binding Rule 11 agreements have been entered, assuming that all statutory rights
and noti?cations concerning victim participation have been satis?ed.

The State will honor agreements where a defendant has acted in reliance upon the State?s
representations or offer, including but not limited to situations where a defendant has scheduled a
change of plea and ceased further trial preparation, completed a evaluation in
support of an agreement, or cooperated with law enforcement as part of an agreement. The State
recognizes situations where other ethical, legal, and moral considerations may necessitate an
obligation to honor agreements and will thoroughly review any such situations on a case by case
basis.

The rescission of offers does not represent a substantive change in policy, and should not be
interpreted as a shift toward a harsher or more lenient sentencing philosophy. Rather, this
decision is made in hope of furthering consistency in outcomes, and to ensure fairness and
appropriate resolutions based on the merits of each case.

I am looking forward to working with all of you during this interim period, and hope that of?ce?s
recent challenges do not adversely impact the due administration of justice. Thank you.

Very Respectfully,

 

State?s Attorney (Interim)