Orleans County State's Attorney Jennifer Barrett is administered the oath of office for the position of superior court judge by Vermont Gov. Phil Scott in the Statehouse on Friday, Sept. 23, 2022. Barrett served as state's attorney for Orleans County since 2015. (Contributed Photo)
Orleans County State's Attorney Jennifer Barrett is administered the oath of office for the position of superior court judge by Vermont Gov. Phil Scott in the Statehouse on Friday, Sept. 23, 2022. Barrett served as state's attorney for Orleans County since 2015. (Contributed Photo)
Judge Lisa A. Warren has denied the Emergency Motion filed by the Orleans County State’s Attorney’s Office to stay (temporarily suspend) the dismissal of three felony convictions against a Massachusetts man.
The judge dismissed the jury trial convictions against David Vaz, 33, of Springfield, Massachusetts, as a sanction against the prosecutor’s office for a “major discovery violation.”
Deputy State’s Attorney Michael A. Cricchi then filed a motion asking the court to stay the decision calling Judge Warren’s ruling “overly harsh” and “an abuse of the Court’s discretion.”
On the same day, Vaz’s defense attorney, Joshua G. Stern, filed an opposition motion arguing that the convictions should remain dismissed.
Stern argued that the state needed to show a strong likelihood of success on the merits, “irreparable injury” if the request is not granted, and that the request will not substantially harm other parties and will serve the public’s best interests.
“The State has not submitted substantive argument as to any of the above factors,” wrote Judge Warren in her denial. “The court does not find that a stay will serve the best interests of the public, considering the public’s interest in criminal due process. Accordingly, the State’s motion for emergency stay is DENIED.”
Judge Warren found that the state did not provide evidence (discovery) to the defense, which may have been favorable to the defendant, as required by law.
According to court documents, Vaz was one of several people who participated in the kidnapping and assault of Damion Daniels in the town of Lowell in November of 2017.
Former Orleans County State’s Attorney Jennifer Barrett was the lead prosecutor on the case against Vaz.
Barrett is now a Vermont Superior Court Judge. Gov. Phil Scott appointed her in August of 2022 - two months after the Vaz trial.
Judge Warren dismissed convictions of aggravated assault, kidnapping and first-degree unlawful restraint against Vaz this week.
According to court documents, Attorney Stern and the State’s Attorney’s Office had been negotiating a plea agreement in case the judge continued the case. But Judge Warren dismissed the convictions.
Not so fast! Bravo to Judge Warren for standing up for the rule of law. Sure it sucks to let a guy convicted by jury go, but prosecutorial misconduct meant the accused did not get a fair trial. Woops, there are consequences to sloppy lawyering! Who knew?
Brady violations do not require draconian remedies. It appears her ruling was based not on the particular case, but on systemic violations. Funny, first we are hearing about systemic violations. Further, if the state's attorney office is to be believed, they met the disclosure requirements. The appropriate remedy is dismissal without prejudice.
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Not so fast! Bravo to Judge Warren for standing up for the rule of law. Sure it sucks to let a guy convicted by jury go, but prosecutorial misconduct meant the accused did not get a fair trial. Woops, there are consequences to sloppy lawyering! Who knew?
Brady violations do not require draconian remedies. It appears her ruling was based not on the particular case, but on systemic violations. Funny, first we are hearing about systemic violations. Further, if the state's attorney office is to be believed, they met the disclosure requirements. The appropriate remedy is dismissal without prejudice.
She was a terrible state prosecutor and now an even worse judge. She needs to be removed.
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Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language.
PLEASE TURN OFF YOUR CAPS LOCK.
Don't Threaten. Threats of harming another person will not be tolerated.
Be Truthful. Don't knowingly lie about anyone or anything.
Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
Share with Us. We'd love to hear eyewitness accounts, the history behind an article.