Robert Rohaley was in Caledonia Superior Court on March 6 because he’d been arrested on a warrant for missing prior court dates. Such a case wouldn’t normally attract a lot of attention — even though Rohaley, 21, allegedly bit the cop who took him into custody. During a brief court hearing, Judge Elizabeth Mann rejected a prosecutor’s request to hold Rohaley on $1,500 bail. Instead, she released him on “conditions”: that he live under partial house arrest and check in with police.
As he walked from the courtroom, a grinning Rohaley told a Caledonian Record reporter, “I can’t believe they let me get away with that. I didn’t think they were gonna let me go.”
The remark made the story. It also summed up how some local law-enforcement officials feel about Mann, who has been on the bench for just eight months. Editorial writers at the Caledonian Record have elaborated, repeatedly accusing the new judge of being soft on crime.
Essex County State’s Attorney Vince Illuzzi, a Republican, bluntly criticized Mann, who currently presides in both Caledonia and Essex counties. “Some of her rulings have been beyond disappointing and almost shocking based on the applicable law and the evidence,” Illuzzi told Seven Days.
Illuzzi said he has been alarmed by several cases in which defendants were released with low or no bail, or given sentences that he believes are too light. “There are cases where even the defendants and their attorneys are surprised at the outcome,” said Illuzzi, a former state senator who was first elected state’s attorney in 1998. “It almost happens every day.”
Essex County Sheriff Trevor Colby, too, has concerns about how criminal cases are being handled in Essex County.
“The townspeople become frustrated when I arrest somebody and yet they’re put out on bail, and they’re an addict, and they are out trying to feed the habit,” Colby said in an interview. “I feel like some of her decisions fly in the face of resolving the opiate epidemic.”
Others believe Mann is interpreting the law correctly. In Vermont, where reducing the prison population and offering treatment instead of punishment have become favored policies, Defender General Matt Valerio says the new judge has been fair.
“She is a very smart, balanced person who clearly, in my view, doesn’t have a predisposition to the state or defense,” Valerio said. “She seems to be very particular about the law. She is intent on following the rules.”
Caledonia County State’s Attorney Lisa Warren — the primary prosecuting attorney in Mann’s court — did not respond to messages seeking comment.
It’s not unusual for prosecutors, cops and defense attorneys to grumble privately about judges. But public criticism is rare, especially from individuals who work in the same court system. Colby and Illuzzi have cases before Mann, who is scheduled to move on to her next post in Windsor County family court on September 1. Illuzzi said he briefly considered asking the sheriff to issue criminal summonses to defendants for court dates after Mann leaves but decided against it. Vermont’s system of rotating judges to a different location every 12 months is meant to ensure justice is uniform throughout the state.
For the time she’s ruled in the conservative-leaning Northeast Kingdom, Mann has given the Caledonian Record plenty to write about. The largest paper in the region devoted three editorials in the past four months to bashing Mann. In one, the editor accused her of doling out “get out of jail free cards.” Another, “Judge Owes Apology to Kids, Community,” took her to task after once-released Rohaley was re-arrested in downtown St. Johnsbury. He had allegedly assaulted a bunch of teenagers and popped balloons that were part of an anti-cancer campaign.
A Caldonian Record story headlined “Release. Violate. Repeat: Judge Releases Stimpson Again” documented a similar story, about Ryan Stimpson, who was charged with aggravated assault in January, when Mann had been on the bench for just a month. According to a Vermont State Police press release, Stimpson, a 29-year-old Danville resident, used a baseball bat on a man who stole several rifles from him. In June, Stimpson was back in court again, this time for domestic assault; he allegedly slammed his girlfriend’s head in a car door. Mann let Stimpson go on the condition that he not contact or visit the girlfriend. But he allegedly showed up at her workplace a half hour later and threatened to burn the building down. Mann then released Stimpson again — without imposing bail.
Mann declined to be interviewed for this story. Instead, a spokeswoman at the Offce of the State Court Administrator forwarded Seven Days a 2016 op-ed authored by newly appointed Vermont Supreme Court Associate Justice Karen Carroll. Presumably, the written argument was meant to provide an explanation for Mann’s actions.
Carroll was still a criminal court judge when she wrote that the law requires judges in most cases to release defendants without imposing bail. “Because of the presumption of innocence, great consideration must be undertaken before requiring a person charged with a crime to post bail before being released or before holding a person in jail without the opportunity to post bail at all,” Carroll explained.
Mann’s résumé suggests she knows her way around a courtroom. The 1987 Dartmouth College and 1990 Vermont Law School graduate worked for more than a decade as a federal public defender, and served as a president of the Vermont Association of Criminal Defense Lawyers. She was a partner at the private Rutland law firm of Tepper Dardeck Levins & Mann, handling civil and criminal cases, when she got a call last year from then-governor Peter Shumlin.
In nominating her to be a judge, the Democrat noted that Mann understood how “justice must go hand in hand with compassion and understanding.” Vermont judges take the bench immediately, and legislative confirmation happens later. Mann, a Hartford resident and mother of two children, started work in St. Johnsbury in December. In May, the state Senate approved her appointment, 26-0.
Prior to the vote, Illuzzi was concerned enough about Mann’s performance to tell Senate Judiciary Committee chair Dick Sears (D-Bennington) about it.
Sears subsequently spoke to Mann but said he did not learn anything that would prompt him to vote against her. The legislature reappoints judges every six years, and Sears said he would wait until then to pass judgment.
“I’ve always been of the opinion that you should look at their record over a six-year period,” Sears said. “When you have a judge up for confirmation, typically they haven’t done much, so it’s hard to look at their record.”
Why the strong reaction to rookie Mann? Valerio suggested that she may be irritating law enforcement officials because she is accurately interpreting bail laws.
Defense attorneys in Vermont have long argued that judges are too quick to impose bail. Putting up cash in exchange for a defendant’s freedom is generally meant to ensure that he or she appears in court, though it can be denied to violent offenders in order to protect the public.
In the past couple of years, defense attorneys have scored a series of wins at the Vermont Supreme Court by arguing that trial court judges unlawfully imposed bail on their clients, Valerio said. In a place like the Northeast Kingdom, coming up with $500 or $1,000 may impoverish a low-income family; the prospect of having a working mom or dad in jail is even worse.
“This is actually refreshing in a way, because the vast majority of judges don’t follow the law when it comes to bail,” Valerio said. If the issue with Mann is that people are getting out on relatively low or no bail, he said, “they should be.”
Mann’s decisions are more nuanced than her critics appreciate, according to St. Johnsbury attorney David Sleigh.
For example, Mann has been tougher than her predecessors on first-time drunk-driving defendants. Traditionally, Sleigh explained, judges in Caledonia and Essex Counties accepted plea deals that barred court staff from notifying the Vermont Department of Motor Vehicles of the crime; the arrangement allowed defendants to keep their driver’s licenses. But Mann, without any prompting from prosecutors, declared that she was uncomfortable with the practice and has started notifying the DMV.
“That certainly wasn’t a defense-friendly move,” Sleigh said.
Retired Vermont criminal judge Ed Cashman, who presided in the Northeast Kingdom and in Chittenden County in the 1980s and ’90s, said he is sympathetic to Mann. Cashman’s career ended soon after he gave a seemingly light sentence to a child molester in 2006, and the national media picked up the story. “You may be looking at the worst judge in the USA” is how Bill O’Reilly portrayed him on Fox News.
Cashman said it is foolish to form an opinion of a judge based on a handful of decisions.
“A judge over a career creates a mosaic. And the pieces of glass that go into it are different colors, different sizes, and go in at different times,” Cashman said. “You really can’t judge a contribution a judge is making to the system from just one piece of glass, or even a half dozen. That takes time to develop.”
Cashman said late judge Edward Costello, for whom the courthouse in downtown Burlington is named, once gave him valuable advice: “If people really think you’re great, you’re probably not doing your job — especially if it’s a prosecutor.”
“Judges aren’t supposed to be popular, and your decisions aren’t supposed to be popular,” Cashman said. “So it sounds like she is doing her job.”
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This article appears in Jul 12-18, 2017.
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As a criminal defense attorney with 33 years of practice in St. Johnsbury, as vice-chair of Senate Judiciary and a member of the Judicial Retention Committee, I’d like to add something to the discussion.
Whenever a defendant decides to change their plea from not guilty to guilty or no contest, Judge Mann (like all judges) conducts a colloquey with the defendant to ensure they are knowingly and voluntarily waiving their right to trial. But before she does so, she has the defendant sworn in under oath. She thus places the defendant on notice that anything they say that is not true can subject them to further penalty, including perjury. She is the only judge I have ever seen do that.
In all Vermont criminal prosecutions every defendant is entitled to be released under their own recognizance unless one of two things can be shown. First, that they will likely not appear at a future court hearing. Second, that they pose significant danger to the public or themselves. Frustration often arises, especially from those in law enforcement, when people are presumed guilty instead of innocent. Judge Mann is properly exercising her responsibility in ensuring the presumption of innocence remains up until that point in time when guilt is proven beyond a reasonable doubt. While that may be frustrating to some, it really is what America is supposed to be about. It takes great courage for a judge to hold that line in the face of stories like this one.
The bail system in this country does not work, and hasn’t for decades. The rich don’t have to sit and rot in jail, while the poor wind up settling for lousy plea deals because they can’t afford to get out. Good for this judge for allowing the accused to be innocent until actually proven guilty, unless there’s an actual risk of flight. Shame on her critics.
I would vote for Joe Benning if he were to run for State’s Attorney or maybe even Lieutenant Governor since SevenDays is already speculating about the 2018 race.
Hey Steveo how about a risk to others. The accused that Judge Mann released violated an order of protection 30 minutes after leaving the judges courtroom and he assaulted a police officer. Plus this defendant had been in front the judge several times before that and she still let the guy walk out a free man. I bet his victims would have a different opinion and might even feel as if the system let them down. I understand the Judge allowing low income defendants to have low or no bail but letting someone out that has threatened to harm others multiple times is not acceptable. Judge Mann is making a mockery of the justice system and needs to be removed from the beanch.
Hey Citizen, you may want to go back and read the story, your combining the acts of two different people. Glad your not the judge.
She didn’t let either of them off from their charges, she just let them go home until their trial date, without forcing them pay money they likely didn’t have or rot in a cell on the taxpayers dime until their trial finally came up. They aren’t guilty of anything until they are proven guilty by trial. Doling out punishment by bail or the lack thereof, isn’t justice, it’s Fascism.
Hey Freedomtothink I can understand letting the guy out once, but after he assaulted an office and threatens to harm and ex girlfriend and burn her place of employment 30 minutes after leaving court I think he has used up his get out of jail free card. If nothing else some time behind bars might give the guy some time to think about what direction he wants to go in life. Maybe your daughter can date this guy someday he sounds like a real winner. It’s thinking like yours that has led to a decay of our society. Your post makes you sound like you might be an anarchist. How many strikes do you get in life?
The problem with Freedom is that you can’t pick and choose who gets it. All of this sounds very frustrating until you or someone you love is charged with a crime that maybe you did or did not commit and have a bail imposed that you can’t afford. THEN, this Judge will be the only one on the bench interpreting the law correctly.
Vermont is known as the “Catch and Release ” state..The police catch them and the judges lets them go.
.In my town there was 2 brothers who were always robbing homes, they get caught and judge sets a trail date, usually 2 mos later, So the criminal goes free till then..Guess what, during that time before the court hearing these guys commit more crimes..Do judges really think these criminals are going to be good little boys??.
.I’m one who feels “you do the crime you do the time”, don’t care if they can afford the bail or not.. If they can’t afford the bail then don’t commit a crime.. When they are caught on security cameras, caught with the goods, caught with a stolen car or shooting someone..to me that means they are GUILTY !!! Judges are to liberal, they either slap them on the wrist or pat them on the head.. and yes I’ve been robbed 3 times and the ones who robbed me got away with it..no bail, no time..
Who are we to judge? Did we see everything the Judge saw or heard. I know it’s not fashionable in our dystopic Trump fueled current atmosphere to suggest that compassion, empathy, respect for people in distress, etc. are all lumped together as “fake news.” Wow, a judge who rules on the merits and the facts and is not part of the current fear hysteria. Wonder what the crime statistics in her jurisdiction are like. I bet they don’t show the societal breakdown all these critics assume. God Bless her.