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

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.