Grand Jury Sees Action
Dublin Core
Title
Grand Jury Sees Action
Subject
Grand jury--United States
Legal aid
Prosecutorial misconduct
Description
In recent months, the court system in the state of Vermont has seen a revival of the Grand jury. While the practice of calling for a Grand jury is legitimate, some question whether affording the prosecution such a powerful tool to indict does not overstep the boundaries of prosecutorial misconduct. Several lawyers, officers, and experts argue the implications of this new wave of Grand jury indictments.
Creator
Donoghue, Mike
Source
The Burlington Free Press
Publisher
HIST 298, University of Mary Washington
Date
1991-08-12
Rights
The materials in this online collection are held by Special Collections, Simpson Library, University of Mary Washington and are available for educational use. For this purpose only, you may reproduce materials without prior permission on the condition that you provide attribution of the source.
Format
2 JPGs
300 DPI
Language
English
Coverage
Burlington, VT
Text Item Type Metadata
Text
Two state prosecutors have dusted off an old tool -- the grand jury -- to help them determine whether homicide charges should be filed in five recent cases.
Some see the grand jury as a rubber stamp for a prosecutor who wants to justify a charge. Others see it as a way for prosecutors to tap community sentiment in deciding standards of conduct.
Either way both State’s Attorneys William Sorrell in Chittenden County and Howard Vanbenthuysen in Franklin county say they won’t hesitate to use grand juries again.
Sorrell used it four times in recent weeks. The results: one indictment for first-degree murder; four indictments for manslaughter, and one finding of justifiable homicide.
VanBenthuysen used it last week to obtain a manslaughter indictment.
Supporters if the system say grand juries give prosecutors an independent sounding board on the validity of charges. The process allows for review by a neutral party of cases that could be seen as politically motivated or sensitive.
While a deputy prosecutor, VanBenthuysen helped in a 1985 Franklin county grand jury that reviewed alleged police misconduct.
Critics contend that a prosecutor can lead a grand jury to an intended conclusion. No judge is present when a grand jury convenes, and prosecutors may present what information they choose.
Robert Andres, who represents a Burlington man indicted by a grand jury, last week was critical of Sorrell for spending time and money to seek the three manslaughter indictments when the State’s Attorney’s Office had authority to file the charges. Grand jurors are paid $30 per day and 25 cents per mile for their services -- the rate of pay for a trial juror.
Others note grand juries have enormous power because they may subpoena additional witnesses and start investigations into new cases. Grand jurors, unlike jurors at trials, may ask questions during the closed-door sessions.
Defense lawyer Peter Langrock, who served on an American Bar Association grand jury reform committee, said the intent of the grand jury was good.
“Historically grand juries were meant to act as a buffer between the … prosecutors and the rights of the individual,” Langrock said/ “As of late they have turned out not to fulfill that function but to be a mere tool of the prosecution.”
He said the system is difficult for defendants because a lawyer is not allowed at the hearing.
“If you’re representing somebody who’s subpoenaed … as a target you have to make a choice whether to let them go in on their own or refuse to let them testify. Neither solution is a very good one,” Langrock said.
Langrock refused grand jury testimony by his client Robert Bizon of Clarendon, who was charged in the shooting death of a teen-ager Bizon caught in his garage. The grand jury indicted Bizon, but he was found innocent Thursday in Rutland Superior court.
Abuses seen elsewhere
Professor Michael Mello of the Vermont Law School said he has seen grand jury abuses in Florida while a public defender and in Washington, D.C., as a private lawyer.
Since arriving in Vermont, however, he said he has been impressed by what appears to be the independence of Vermonters serving on grand juries.
“My neighbors would not be swayed by a prosecutor,” said Mello, who noted indictments do not appear to be automatic in Vermont.
Burlington attorney Norm lais knows what Mello means. After a grand jury refused to issue an indictment in October for a homicide, Blais praised Sorrell for his handling of the case.
Burlington lawyer Jerome F. O’Neill, who worked in the U.S. Attorney’s Office for 8 ½ years, said indictments are not automatic, even in the federal system. He said he could recall at least two cases where the government thought an indictment was worthy, but the grand jurors refused to indict.
VanBenthuysen said it makes little sense for a prosecutor to manipulate the grand jury. If a conviction cannot be obtained, why bring an indictment? He asked.
A grand jury in state court normally consists of 18 to 23 residents from the county where an alleged crime occurred. At least 12 have to agree on any decision.
A grand jury decides whether charges should be brought after hearing sworn testimony behind closed doors. It may determine how serious the charge will be -- first-degree murder, second-degree murder, or manslaughter.
Thomas Lehner, the Vermont Court administrator, said the grand jury is still in use in some states, but many abandoned the system because of abuses in the 1940s and ‘50s. In Vermont, grand juries fell into disuse years ago The last to go were those concerning homicides; They disappeared a dozen years ago.
The grand jury was created in the United States with the ratification if the Fifth amendment 200 years ago this month.
Grand juries were important in Vermont’s early days because state’s attorneys weren’t always lawyers, according to Albert Barney, retired chief justice of the Vermont Supreme Court. The grand jurors saw themselves as having equal power, Barney said.
Other values
O’neill said there is a positive side-effect to grand juries. He said he found that grand jurors came away with a better understanding and a deeper appreciation for the criminal justice system.
“They also get an understanding about the extent of crime in Vermont,” O’Neill said.
The grand jury provides a valuable way to obtain or preserve testimony.
“It was a very legitimate way to obtain testimony from those who did want to testify,” O’Neill said. He said witnesses may be subpoenaed if they refuse to speak to investigators.
The testimony is provided under oath, thus exposing the witnesses to a perjury charge if they lie.
O’Neill said the grand jurors can tell you if you have a problem or a hole in your case.
Jurors take on homicides
The grand jury actions in Vermont Superior Court during the past three months include
-Sept. 12: A first-degree murder charge against Rebecca S. Durenleau, 39, of Franklin. She is accused of aiding a boyfriend in the killing of her husband outside an Essex Junction bar. She allegedly assisted Harmon Olmstead by setting up Michael Durenleau to be killed July 12, 1985, outside Veronica's Tavern on Park Street.
-Oct. 1: An involuntary manslaughter charge against Rebecca Anne Emmons, 18, of Burlington in the May death of her 11 1/2 -month-old baby. Scot A. Bombard Jr. died in the Medical Center Hospital of Vermont for a head injury.
-Oct. 30: A ruling of justifiable homicide in the June 15 fatal shooting of John Darling, 20, said he shot his older brother by accident. He said he was trying to protect his 14-year-old brother, Joel, from John Darling. The jury voted 15-5 that it was not a criminal act.
-Dec. 4: Three involuntary manslaughter charges against Stephen Converse Brooks, 37, of Pearl Street in connection with the carbon monoxide poisoning of three people at his former home in December 1988. The indictment came less than a week before the statute of limitations would have expired. A pregnant woman, Linda Cifarelli, 26, her husband, John, 34, and their daughter, Nina, 23 months, were found dead in the house Dec. 10, 1988.
-Dec. 5: An involuntary manslaughter charge against Brain Draper, 1, of Highgate for the Oct. 17 fatal shooting of a Franklin County farmhand. Michael Pigeon, 16, was shot in the head at the farm off Tarte Road in Highgate.
Some see the grand jury as a rubber stamp for a prosecutor who wants to justify a charge. Others see it as a way for prosecutors to tap community sentiment in deciding standards of conduct.
Either way both State’s Attorneys William Sorrell in Chittenden County and Howard Vanbenthuysen in Franklin county say they won’t hesitate to use grand juries again.
Sorrell used it four times in recent weeks. The results: one indictment for first-degree murder; four indictments for manslaughter, and one finding of justifiable homicide.
VanBenthuysen used it last week to obtain a manslaughter indictment.
Supporters if the system say grand juries give prosecutors an independent sounding board on the validity of charges. The process allows for review by a neutral party of cases that could be seen as politically motivated or sensitive.
While a deputy prosecutor, VanBenthuysen helped in a 1985 Franklin county grand jury that reviewed alleged police misconduct.
Critics contend that a prosecutor can lead a grand jury to an intended conclusion. No judge is present when a grand jury convenes, and prosecutors may present what information they choose.
Robert Andres, who represents a Burlington man indicted by a grand jury, last week was critical of Sorrell for spending time and money to seek the three manslaughter indictments when the State’s Attorney’s Office had authority to file the charges. Grand jurors are paid $30 per day and 25 cents per mile for their services -- the rate of pay for a trial juror.
Others note grand juries have enormous power because they may subpoena additional witnesses and start investigations into new cases. Grand jurors, unlike jurors at trials, may ask questions during the closed-door sessions.
Defense lawyer Peter Langrock, who served on an American Bar Association grand jury reform committee, said the intent of the grand jury was good.
“Historically grand juries were meant to act as a buffer between the … prosecutors and the rights of the individual,” Langrock said/ “As of late they have turned out not to fulfill that function but to be a mere tool of the prosecution.”
He said the system is difficult for defendants because a lawyer is not allowed at the hearing.
“If you’re representing somebody who’s subpoenaed … as a target you have to make a choice whether to let them go in on their own or refuse to let them testify. Neither solution is a very good one,” Langrock said.
Langrock refused grand jury testimony by his client Robert Bizon of Clarendon, who was charged in the shooting death of a teen-ager Bizon caught in his garage. The grand jury indicted Bizon, but he was found innocent Thursday in Rutland Superior court.
Abuses seen elsewhere
Professor Michael Mello of the Vermont Law School said he has seen grand jury abuses in Florida while a public defender and in Washington, D.C., as a private lawyer.
Since arriving in Vermont, however, he said he has been impressed by what appears to be the independence of Vermonters serving on grand juries.
“My neighbors would not be swayed by a prosecutor,” said Mello, who noted indictments do not appear to be automatic in Vermont.
Burlington attorney Norm lais knows what Mello means. After a grand jury refused to issue an indictment in October for a homicide, Blais praised Sorrell for his handling of the case.
Burlington lawyer Jerome F. O’Neill, who worked in the U.S. Attorney’s Office for 8 ½ years, said indictments are not automatic, even in the federal system. He said he could recall at least two cases where the government thought an indictment was worthy, but the grand jurors refused to indict.
VanBenthuysen said it makes little sense for a prosecutor to manipulate the grand jury. If a conviction cannot be obtained, why bring an indictment? He asked.
A grand jury in state court normally consists of 18 to 23 residents from the county where an alleged crime occurred. At least 12 have to agree on any decision.
A grand jury decides whether charges should be brought after hearing sworn testimony behind closed doors. It may determine how serious the charge will be -- first-degree murder, second-degree murder, or manslaughter.
Thomas Lehner, the Vermont Court administrator, said the grand jury is still in use in some states, but many abandoned the system because of abuses in the 1940s and ‘50s. In Vermont, grand juries fell into disuse years ago The last to go were those concerning homicides; They disappeared a dozen years ago.
The grand jury was created in the United States with the ratification if the Fifth amendment 200 years ago this month.
Grand juries were important in Vermont’s early days because state’s attorneys weren’t always lawyers, according to Albert Barney, retired chief justice of the Vermont Supreme Court. The grand jurors saw themselves as having equal power, Barney said.
Other values
O’neill said there is a positive side-effect to grand juries. He said he found that grand jurors came away with a better understanding and a deeper appreciation for the criminal justice system.
“They also get an understanding about the extent of crime in Vermont,” O’Neill said.
The grand jury provides a valuable way to obtain or preserve testimony.
“It was a very legitimate way to obtain testimony from those who did want to testify,” O’Neill said. He said witnesses may be subpoenaed if they refuse to speak to investigators.
The testimony is provided under oath, thus exposing the witnesses to a perjury charge if they lie.
O’Neill said the grand jurors can tell you if you have a problem or a hole in your case.
Jurors take on homicides
The grand jury actions in Vermont Superior Court during the past three months include
-Sept. 12: A first-degree murder charge against Rebecca S. Durenleau, 39, of Franklin. She is accused of aiding a boyfriend in the killing of her husband outside an Essex Junction bar. She allegedly assisted Harmon Olmstead by setting up Michael Durenleau to be killed July 12, 1985, outside Veronica's Tavern on Park Street.
-Oct. 1: An involuntary manslaughter charge against Rebecca Anne Emmons, 18, of Burlington in the May death of her 11 1/2 -month-old baby. Scot A. Bombard Jr. died in the Medical Center Hospital of Vermont for a head injury.
-Oct. 30: A ruling of justifiable homicide in the June 15 fatal shooting of John Darling, 20, said he shot his older brother by accident. He said he was trying to protect his 14-year-old brother, Joel, from John Darling. The jury voted 15-5 that it was not a criminal act.
-Dec. 4: Three involuntary manslaughter charges against Stephen Converse Brooks, 37, of Pearl Street in connection with the carbon monoxide poisoning of three people at his former home in December 1988. The indictment came less than a week before the statute of limitations would have expired. A pregnant woman, Linda Cifarelli, 26, her husband, John, 34, and their daughter, Nina, 23 months, were found dead in the house Dec. 10, 1988.
-Dec. 5: An involuntary manslaughter charge against Brain Draper, 1, of Highgate for the Oct. 17 fatal shooting of a Franklin County farmhand. Michael Pigeon, 16, was shot in the head at the farm off Tarte Road in Highgate.
Original Format
Newspaper
Contributor of the Digital Item
Goad, Samuel
Student Editor of the Digital Item
Williams, Megan
Files
Citation
Donoghue, Mike , “Grand Jury Sees Action,” HIST299, accessed March 12, 2026, https://hist299.umwhistory.org/items/show/140.