Defense Wants Kidnap Charges Tossed In Brooke Bennett Murder Case

~ Brooke Bennett

~Michael Jacques

In what seems to be a trend lately, to avoid the death penalty for a particularly heinous murder, attorneys are claiming the laws – be they State or Federal - are unconstitutional!

What is, I’m sure, the first of many motions to be filed, Michael Jacques’ defense attorneys claimed Friday that the federal kidnapping charges against Jacques are unconstitutional and go on to say that even if they aren’t, the prosecution lacks evidence Jacques kidnapped his niece, Brooke Bennett.

Already a convicted sex offender, Jacques was indicted for the kidnapping, drugging, raping, and strangling of 12-year-old Brooke. The October 2008 indictment also included several counts of possession of child pornography.

In 2006, the Adam Walsh Act was used by Congress to amend the Federal Kidnapping Act. It is this law that allowed the federal government to charge Jacques and U.S. Attorney General Eric Holder subsequently gave approval for prosecutors to seek the death penalty.

New Jersey based, death penalty attorneys Jean Barrett and Michael Desautels, assert the Federal Kidnapping Act is unconstitutional because it overrides State of Vermont’s ability to govern by it’s own law.

The motion states: Moreover, the citizens of the State of Vermont have made clear their opposition to the death penalty for crimes committed in this state. By effectuating a means by which the Government may circumvent that intention by expanding a federal statute beyond the limits of federal authority to reach a traditionally state crime that has no impact on commerce, Congress has upset the balance of power and exceeded its Commerce Clause authority.

Therefore, 18 U.S.C. § 1201(a), as amended by the Adam Walsh Act, is unconstitutional both on its face and as applied. Accordingly, Count 1 of the Indictment must be dismissed, with prejudice.

If the motion is successful, the federal case against Jacques would be dropped and the case would revert back to state jurisdiction.

After prosecutors file a response in the next few weeks, Chief Judge William Sessions will issue a ruling in the matter.

Motion to dismiss

Burlington Free Press

Attorneys for Michael Jacques Want Federal Indictment Tossed

Defense attorneys have requested and extension from December 25 to January 8 for filing pretrial motions in the murder case. Jacques was indicted by a federal grand jury in the kidnap, drugging, rape, and murder of his niece, 12-year-old Brooke Bennett.

The filing also indicated that the defense would be seeking to have the federal indictment dropped. Jean Barrett, a New Jersey death-penalty specialist, states the federal court can only try cases that involve crimes committed that cross state lines. Barrett asserts that Jacques alleged crimes all occurred in Vermont and he should therefore by tried by the state. 

The move effectively could allow Jacques to escape the death penalty because Vermont has no death penalty law.

This past August, US Attorney General Eric Holder notified the Burlington Attorney’s Office that the government could pursue the death penalty in the event that Jacques was found guilty of the charges.

The case was originally turned over to the federal authorities because Jacques is accused of persuading and under age girl to engage in sex acts and those videos were transported over state lines. Brooke’s ex-stepfather, Raymond Gagnon, was found guilty this past summer of transporting pornography to several states.

While the legal wrangling continues, Jacques was moved from a federal facility in Devens, MA to a federal jail in Brooklyn, NY.

Burlington Free Press

First Step Towards Justice For Brooke Bennett

Her ex-stepfather, Raymond Gagnon has been sentenced to 16 years and eight months in a Texas federal court on child pornography charges.

Gagnon expressed remorse after being sentenced by Judge Xavier Rodriguez today. "What I did was wrong," Gagnon told the court. "For my own sake and the sake of Brooke Bennett's family, I need to accept that responsibility."

It had been hoped Gagnon would cut a deal with authorities by testifying against Brooke’s uncle, Michael Jacques, who is accused of drugging, raping, and murdering Brooke.

Prosecutors called Gagnon a liar in court Friday and said he has not helped in the Bennett case despite being given numerous chances. Gagnon pleaded guilty to transportation of child pornography.

Gagnon admitted to having images and video files of prepubescent children engaged in sexually explicit conduct, including sexual acts with adults. Many of the images were collected when he lived in Alabama, prior to moving to Texas. He still faces additional charges of possession of child pornography in Alabama.

Assistant U.S. Attorney Tracy Braun said Gagnon has been unhelpful. "By lying to us, he has all but guaranteed he won't be called as a witness in any other case," Braun said.

Gagnon had been married to Brooke’s mother for four years. They separated in 2004.

KXXV

AJC.com

Brooke Bennett Murder To Be A Death Penalty Case

The U.S. Department of Justice will seek the death penalty for Michael Jacques in the murder of Brooke Bennett. 12-year-old Brooke was drugged, raped and murdered by her uncle on June 25, 2008. Her body was found in a shallow grave near Jacques' home a week after she went missing.

The case has been stalled due to the fact a new U.S. Attorney General had to be appointed by the President and a new Vermont U.S. Attorney just took office last week. Vermont does not have a death penalty, but Jacques has been charged under federal law.

After being given the green light by U.S. Attorney General Eric Holder on August 14, U.S. Attorney Tristram Coffin announced Tuesday that prosecutors filed a Notice of Intent to Seek a Sentence of Death.

In the documents filed, prosecutors site five factors and 19 aggravating factors which make Jacques eligible for the death penalty, including Jacques killed Brooke after 'substantial planning and premeditation'.

Federal officials also say Jacques has shown no remorse for the especially heinous, cruel and depraved murder of his niece for which he stands accused.

Brooke's murder led to sweeping sex offender reforms in the Vermont. Jacques is a repeat offender.

Rutland Herald
Washington Post

Brooke Bennett – What of Jacques and Gagnon?

~Brooke Bennett




One of T&T’s readers left a comment on the story, Remembering Brooke Bennett.

cherylt asked, “Is there even a trial date set for that POS? Since stepdad pled guilty do we know how much time he was given?”

The questions prompted me to think about how much time I've invested following this case and the tons of print information I have read following Brooke’s death.

I offer this recap from previous entries and articles I have archived – many of which are no longer available online.

Michael Jacques
No, there is no trial date set and I don’t believe we will see one soon for several reasons.

When it was determined that this would be charged as a federal case rather than a state case, several things came into play:

August 2008 –
U.S. District Judge William Sessions granted Desautels request and allowed famed husband and wife legal team, David Ruhnke and Jean deSales Barrett of Montvale, N.J. to assist with the defense. They have successfully defended many high profile clients facing a possible death penalty.

October 2008 -
Prosecutors placed the death penalty as an option on the table, but it is United States Attorney General Michael Mukasey who makes the final decision on whether or not Jacques faces the death penalty.

It becomes apparent that with the Presidential election looming, Michael Mukasey will not issue the final decision on the death penalty. The President elect will be appointing a new Attorney General.

November 2008 -
Jacques' attorneys filed a motion requesting the court push back the date in the death-penalty authorization process to April 2009.

February 2009 –
Eric H. Holder Jr. is sworn in as Attorney General. Holder is personally opposed to the death sentence.

Brooke’s case languishes on Holder’s desk awaiting a decision.

Jacques is obviously not salvageable as a member of society. His repeated acts of rape and violence have more than proven what a sick, sadistic predator he is.

Regardless of death penalty application approval or not, Brooke deserves justice!

Raymond Gagnon
April 2009 –
Pleaded guilty to transportation of child pornography in US District Court in San Antonio. He faces 5 to 20 years when he is sentenced on July 10.

He is however, still facing additional charges of possession of child pornography in Cullman, Alabama, where he lived before moving to Texas. The San Antonio plea agreement does not affect those pending charges.

So, justice for Brooke remains in limbo for the time being and that’s why we all need to keep her memory alive.

Remembering Brooke Bennett

~Brooke Bennett


One year ago today, the pretty, Vermont 12-year-old disappeared. We would come to find out she was drugged, raped, and strangled allegedly by her uncle.

Brooke was last seen alive on a surveillance video from a Cumberland Farms store in the company of her uncle, Michael Jacques.

As investigators desperately searched for Brooke, a bizarre and horrific story began to emerge and would forever change the small town of Randolph.

The players in the real life drama are tightly intertwined family members:

Cassandra Gagnon – Brooke’s mother, whose ex-husband is Richard Gagnon. Cassandra has recently changed her name to Adams, her maiden name.

Denise Jacques – Cassandra’s sister and wife of Michael Jacques. Denise has changed her name back to Woodward.

Richard Gagnon and Michael Jacques – Brooke’s ex-stepfather and uncle, respectively. Prosecutors claim there is a “nexus between investigations into the alleged obstruction of justice by Gagnon and the alleged kidnapping by Jacques.”

The State of Vermont turns the cases over to Federal prosecutors.

Gagnon is arrested on a charge of aggravated sexual assault on a minor and obstruction of justice for apparently assisting Jacques in fabricating information regarding the abduction of Brooke. Additionally he has been charged with the production and distribution of child pornography. He pleaded guilty to pornography charges in federal court in San Antonio on April 13, 2009.

February 26, 2009, the Vermont Legislature passed one of the toughest sex-offender bills in the country by a 29-0 vote in the Senate and 132-2 in the House.

In 1985, Jacques was charged with lewd and lascivious conduct with a minor after allegedly engaging in more than 100 sex acts with an underage family relative whom he eventually impregnated. The case was dismissed.

In 1992, he was charged and convicted of abducting and raping an 18-year-old West Rutland woman. Police reports indicated he tied a rope around her neck, threatened to kill her and forced her to perform sex acts on him for several hours.

Jacques is currently being held at a federal penitentiary in Ayer, MA.

While Brooke’s family and the Randolph area are growing impatient with the slow pace of Jacques’ prosecution, prosecutors are awaiting a decision from Attorney General Eric Holder on whether they can seek the death penalty for Jacques.

Please take a moment to think of Brooke today – she deserves to be remembered.

Burlington Free Press

Of Michael Jacques and Melissa Huckaby

Michael Jacques
Michael Jacques is accused of kidnapping, drugging, raping, and murdering 12-year-old niece, Brooke Bennett.

On April 13, U.S. District Judge William Sessions granted an unopposed motion by the defense to extend the time for additional pretrial motions.

The defense requested the extension, saying they have considerable amounts of discovery to review – some of which they only received last month.

No trial date has been set.

Brooke was murdered last year in Randolph, Vermont.

Fox44

Melissa Huckaby
Judge Linda Lofthus said she wants to ensure a fair trial for prosecutors and the defense attorneys of the woman accused of killing Sandra Cantu, Melissa Huckaby, so she sealed reports from the autopsy and also sealed the prosecution motion opposing the girl's disinterment. The disinterment motion by the defense has already been withdrawn.

Loftus sealed the motions saying Cantu family's privacy rights outweigh the public's need for the information.

It appears to some that Lofthus may be trying to protect Sandra's family from seeing the gruesome details contained in the autopsy report.

The judge’s motion was filed without a hearing with attorneys – a move that is not only unusual - it might be improper.

Per Recordnet: John Schick, a Stockton attorney said, “…it is highly unusual for a judge to seal a document independently in the interest of a victim's family.

"A unilateral ruling like this without the opportunity for parties in the case to have their say is unusual and perhaps improper," he said, adding that the attorneys usually make such request. "Why do we have public trials?"

Ruth Jones, an instructor at University of the Pacific McGeorge School of Law in Sacramento said, "… the sealing of documents moves closer to private proceedings," she said. "Our judicial system functions best when it is public."

"If it's a high-profile case, those gruesome details will eventually become public if there's a trial," Jones said. "We as a society have a right to see the evidence."

The wheels of justice turn slowly.

Brooke Bennett’s Ex-Stepfather Pleads Guilty to Porn Charges

~Brooke Bennett



This morning in San Antonio, U.S. District Judge Xavier Rodriguez accepted Ray Gagnon’s guilty plea. Gagnon will be sentenced in July and faces up to 20 years in prison.

Gagnon still faces charges of child pornography in Alabama where he lived with young Brooke and her mother.

Will these federal charges be an impetus for Gagnon to try a cut a deal by cooperating with authorities in testifying against Michael Jacques, Brooke’s uncle, who stands accused of 12-year-old Brooke’s kidnap, rape and murder?

We can only hope!

kristv.com

Brooke Bennett’s Stepfather Seeking Deal

~Brooke Bennett


Facing federal child pornography charges in both Texas and Alabama, Raymond Gagnon’s attorneys have filed a request in the San Antonio U.S. District Court to delay the March 2 trial while a plea deal is under discussion. The federal judge in the case has agreed to delay the trial until April 20.

Gagnon arrived in Vermont in late June after being told by Michael Jacques, Brooke’s uncle, that Brooke was missing. Jacques spoke with Gagnon by telephone several times the night Brooke reported missing.

Gagnon was subsequently arrested in Vermont on charges that he and Michael Jacques had engaged in a simultaneous sex act with a minor in 2007 in South Royalton, Vermont.

The State later dropped those charges when Gagnon was charged by federal prosecutors with obstruction of justice after it was learned Gagnon called a friend in San Antonio and asked him to get rid of a computer that contained a collection of child pornography. Despite a massive search, investigators never recovered the computer.

Acting on a tip, investigators also went to a Cullman, Alabama home owned by Gagnon, and found child pornography stored on two computers.

In October, another indictment that contained new charges against Gagnon was unsealed in San Antonio. The charges are that Gagnon engaged in, produced and transported child pornography between 2003 and 2007.

Young Brooke went missing June 25, 2008. Her body was found July 2 buried in the woods about a mile from the home of her uncle Michael Jacques.

Michael Jacques faces federal charges in Vermont for kidnapping, drugging, raping, and strangling Brooke after he brought her to his home. Investigators found evidence which indicates Jacques began planning Brooke’s kidnapping in May and by accessing her My Space account, made it look like she had run away with someone she had met online.

The national outcry in the wake of Brooke’s murder and the fact that Jacques had previously been jailed as a sex offender, but was released early, Vermont has recently passed stronger sex-offender legislation.

Burlington Free Press

Boston Herald

Of O.J. and Michael Jacques

No Get Out of Jail Free Card for O.J.

At a hearing yesterday, Judge Jackie Glass denied motions for a new trial for O.J. Simpson and Charles Stewart. According to the judge, the seven points cited by defense attorneys Galanter and Grasso did not meet criteria for granting a new trial. Glass said that her ruling could be appealed to the Nevada Supreme Court.

Shackled and in jail jumpsuits, neither Simpson nor Stewart, spoke during the hearing.

Glass also refused to grant release on bail for Simpson and Stewart, saying, "They face life sentences, mandatory prison." So, they will continue to sit in jail until the December 5th sentencing.

Judge Glass did grant one request. She permitted Robert Lucherini to withdraw as an attorney for Stewart.


Conflicting Motions Over Possible Death Penalty for Jacques

In a rather strange turn of events, both the prosecution and defense for Michael Jacques have filed motions regarding when a decision on pursuing the death penalty could be made.

Jacques is charged with one count of kidnapping with death resulting in federal court. The body of 12-year-old Brooke Bennett was found this past summer.

Jacques' attorneys filed a motion requesting the court push back the date in the death-penalty authorization process to April 2009. They said a Jan. 1, 2009 hearing, at which they would present arguments against the death penalty, is too soon after the indictment. They stated Jacques should be given a more reasonable amount of time to build his case.

U.S. Attorney Tom Anderson filed a motion to reject the defense motion citing the principle of the U.S. Constitution's separation of powers. He said the court, within the judiciary branch, could not mandate changes in the internal decision-making process of the Department of Justice, which is within the executive branch.

Vermont Law School Professor Michael Mello told Fox 44 that filing motions such as these over scheduling issues is uncommon and shows that the case is not getting off on the right foot. He said normally attorneys pick their battles and save the big fights for the more crucial issues.
Fox News

Another Arrest in Brooke Bennett Case

Federal authorities arrested 58-year-old Kevin Grosenheider, of San Antonio, Texas on Friday for destroying evidence in the case.

Grosenheider rented a room to Raymond Gagnon. Gagnon - Brooke’s former stepfather - supposedly called him from Vermont on the day he was arrested, and asked him to throw out a safe believed to contain a computer. The computer allegedly held evidence that implicated Gagnon and someone else in the sexual assault of a minor girl.

Gagnon reportedly used the laptop to change Brooke’s MySpace page in an attempt to mislead authorities.

The FBI spent weeks searching a landfill, but failed to find the computer.

Grosenheider lied to investigators about the phone call, but later admitted Gagnon had called him. He also told agents that Gagnon had shown him images of child pornography on a cell phone and a home computer.

Grosenheider was charged with misprision of a felony — not reporting or helping cover up a crime.

He was released on bond and is scheduled to appear at an October 30 hearing.

WCAX

More Disturbing News About Michael Jacques

A woman has come forward and claims to have been raped by Jacques in 1987.

Identified by only the initial “L”, she claims Jacques was arrested and convicted. “L” couldn't prove it because the public record of the case had disappeared and officials refused to talk about it.

“L” was 13 at the time and Jacques was 20. Jacques apparently had a history of luring troubled girls to his apartment with alcohol and drugs.

WCAX reports: In 1985, Jacques is charged with impregnating a 13-year-old family member. The state drops the charge because the victim refused to testify.

Two years later, in 1987, he rapes the woman we call L. He pleads guilty to a lesser charge and gets a deferred sentence. All records are sealed and unavailable.

Then in 1992, Jacques was convicted of kidnapping and raping an 18-year-old girl in Rutland.

He completed sex offender treatment. He remained on the registry but got off probation ahead of schedule. His probation officer told the judge Jacques was fully rehabilitated and a model prisoner.

But that probation officer and the judge could not know that Jacques had been convicted of lewd and lascivious conduct with L because all record of his arrest and conviction for that crime has been sealed by law. It took us two months to find out why. This week, sources told us Jacques received a deferred sentence under a plea agreement. And by law, if an offender stays clean on a deferred sentence, all public record of the case are supposedly obliterated.
Jacques is possibly facing the death penalty for the kidnap and murder of his niece, 12-year old Brooke Bennett. He will enter a plea of not guilty at today’s hearing.

Vermont’s sex offender treatment program obviously doesn’t work and Vermont better answer the wake-up call.

These are only the crimes we are aware of. How many others has Jacques possibly harmed? The trail of carnage and damage goods he has left in his wake may be far lengthier than we realize.

The death penalty may be too “kind” a punishment for this piece of scum.

Michael Jacques Faces New Federal Charges

Jacques is to appear before Judge William Sessions III, in Burlington's U.S. District Court to be arraigned on federal charges connected to Brooke Bennett's murder this past June.

Jacques is facing charges of kidnapping, murder and now, new charges of possession of child pornography.

It is not clear if Jacques will enter a plea at the hearing or if only the criminal counts will be formally presented to him and his attorneys.

Prosecutors have placed the death penalty as an option on the table, but it is United States Attorney General Michael Mukasey who makes the final decision on whether or not Jacques faces the death penalty.

Vermont federal prosecutors would have to make a recommendation to a U.S. Department of Justice committee, which would then make it’s own recommendation to Mukasey.

Times Argus

Jacques Arraignment Scheduled

~Michael Jacques


Michael Jacques could face the death penalty in the murder of 12-year old Brooke Bennett.

Last week, he was indicted for drugging, sexually assaulting, strangling and smothering Brooke.

The arraignment in U.S. District Court, before Judge William Sessions, will take place Wednesday at 1:30pm.

Fox 44

Vermont Dismisses Charges Against Brooke Bennett’s Former Stepfather

Ray Gagnon was arrested in July following the disappearance of 12-year old Brooke Bennett. The former stepfather of Brooke has been held on obstruction of justice charges.

Vermont has filed a motion to dismiss the charges because Gagnon has been indicted by a federal grand jury in Texas on charges of production and transportation of child pornography.

He admitted he has downloaded a vast amount of child pornography from the Internet, including images of children as young as 5 and that he stores the images on his laptop computer.

Gagnon rented a room in a house in San Antonio owned by Kevin Grosenheider. Allegedly, Gagnon called Grosenheider and told him to throw out a safe that contained the laptop.

The safe was reportedly thrown into a dumpster. The FBI ended a lengthy search, without recovering the safe.

Gagnon also faces charges of possession of child pornography in Alabama. His former home was in Cullman, Alabama.

Fox 44

Michael Jacques Indicted in Brooke Bennett’s Kidnapping and Death

~Brooke Bennett

A federal grand jury has found Michael Jacques drugged and sexually assaulted Bennett, then smothered her to death with a plastic bag in a premeditated killing.

Jacques also faces other charges, including five counts of child pornography.

The grand jury indicted the uncle of slain 12-year-old Brooke Bennett for her death on special findings that make him eligible for the death penalty if found guilty on the charge of kidnapping with death resulting.

It is up to the US Attorney General whether or not to seek the death penalty and his decision isn’t expected for several months.

According to the indictment, special findings are what may make this a death penalty case. The special findings are:

-- Jacques intentionally killed Brooke Bennett
-- Jacques intentionally injured her, leading to her death
-- the crime was especially cruel
-- the crime was premeditated
-- the victim was a pre-teen

At the moment, there is no date scheduled for Jacques arraignment.

Fox 44

CNN.com

No Court Appearance for Michael Jacques

Michael Jacques was to appear at a probable cause hearing this morning with his public defender, Michael Desautels.

U.S. District Judge William Sessions granted Desautels request and allowed famed husband and wife legal team, David Ruhnke and Jean deSales Barrett of Montvale, N.J. to assist with the defense. They have successfully defended many high profile clients facing a possible death penalty.

Ruhnke has never lost a case where the death penalty was on the table. He has tried 15 cases. In 2001, he persuaded a New York jury to spare the lives of al-Qaeda operatives connected to the 1998 U.S. embassy bombings in east Africa.

U.S. Attorney Tom Anderson said the government would have an FBI agent testify at the hearing. He is to verify information contained in affidavits describing the case against Jacques.

Jacques, 42, waived his right to a probable cause hearing this morning.

Fox 44
Burlington Free Press

Vermont Court Giving Help To Michael Jacques!

~Michael Jacques


Monday, Judge William Sessions assigned a legal team from New Jersey to assist Jacques' public defender in the case. The husband and wife team have extensive experience in death penalty cases. None of their clients have ever been sentenced to death.

I have to say this really stunned me, but based on what’s being going on in Vermont since Brooke Bennett’s death, it really shouldn’t come as a surprise!

This is a repeat offender who allegedly kidnapped Brooke and presumably played a part in her death.

Conviction on the kidnapping could allow the death penalty and here Vermont wants to help out this pig!

In the meantime, Rensselaer County legislators, Stan Brownell and Lester Goodermote are calling on Vermont to pass tougher sex offender laws.

The New Yorkers called for the tougher laws after the arrest of a Vermont man in Hoosick Falls last week.

Ed O'Dell, 37, of Bennington, Vt., was arrested on Thursday for the attempted abduction of two girls and impersonating a police officer.

"There has recently been concern about the effectiveness of sex offender laws in Vermont. This arrest shows there is a need for our neighbor to approve tougher laws to protect all residents in the region," Brownell said Saturday.

"The incident in Hoosick Falls shows why Vermont's laws need to be tougher. We share a border, and we should also share laws that help protect our children from predators," Goodermote said.

WCAX
Bennington Banner

Brooke Bennett’s Uncle To Appear In Court Finally

Last month prosecutors requested and received additional time to continue to collect evidence and bring an indictment against 42 year-old, Michael Jacques.

Jacques has been accused of kidnapping young Brooke in late June. Her body was found a short distance from Jacques’ home, a week later.

A probable cause hearing before Judge Jerome Neidermeier will be held on Wednesday, August 13 at 10am.

Brooke’s former stepfather, Raymond Gagnon has yet to have his hearing scheduled.

The FBI ended a lengthy search for the safe Gagnon had a friend dispose of. The safe is believed to contain pornography.

Meanwhile, at the Senate Judiciary Committee hearings prosecutors argued against longer mandatory minimum sentences, such as those contained in Jessica’s Law.

They say the law could lead to more trials and more acquittals as many cases rely on shaky evidence.


Ok, I buy that – NOT!

Times Argus

Fox 44

Feds Request Extension in Brooke Bennett Case

~Michael Jacques and Raymond Gagnon

Prosecutors have requested a 66-day extension to decide whether to indict Michael Jacques and Raymond Gagnon.

Prosecutors say police and the FBI need the time to complete their investigation.

Assistant U.S. Attorney Craig Nolan said the complexity and quantity of evidence being reviewed requires the extra time.

Nolan said in his court filing in the Gagnon case that evidence collected by police and FBI agents suggests the two men’s conduct during the time Brooke was missing may be connected.

Police say Jacques was plotting Bennett’s abduction a month earlier and tried to make it look like she was running away with someone she met on the Internet.

The attorneys, John Pacht, Gagnon’s lawyer, and Jacques’ lawyer, Michael Desautels, did not oppose the request.

Burlington Free Press