Sunday 11 August 2013

Feds call off death penalty in Jacques case
'We believe this is a just resolution of the case,' defense attorney says
Michael Jacques of Randolph Center appears
Monday, June 30, 2008, in Chelsea District
Court in Chelsea. / AP
Aug. 9, 2013: The upcoming death penalty trial of Michael Jacques has been called off, the United States Attorney’s Office announced Friday.

As part of a plea deal worked out with lawyers for Jacques, the alleged killer of his 12 year-old niece Brooke Bennett in 2008, Jacques, now 47, will instead plead guilty to the crime and agree to a sentence of life without parole.

The announcement came less than four weeks before the jury selection process for the Jacques trial was set to begin, and just six days before a final pre-trial hearing in the case.

“The U.S. Attorney for the District of Vermont announced today that Attorney General Eric Holder has directed the United States to withdraw the notice of intent to seek the death penalty against Michael Jacques,” the statement released by the office of U.S. Attorney Tristram Coffin said.

The statement said Holder made the decision based on a recent request by Jacques’ defense team to reconsider the government’s intention to seek a death penalty sentence if it succeeded in convicting Jacques of kidnapping and killing Bennett.

“The request for reconsideration raised issues related to the certainty and finality in the process that would be achieved by a plea of guilty to a sentence of mandatory life and the potential impact on a victim-witness of a trial, among other issues,” the statement said.

The statement said Jacques will appear in court soon to plead guilty to the charges he is facing. Coffin said no date for that has been set as yet.

Jacques is being held in federal custody in an out-of-state prison.

Coffin declined comment Friday on how long the government has been considering accepting a lifetime sentence instead of pursuing a death penalty sentence, or when the decision to call off the trial was made.

“I can say we have informed the victims of the attorney general’s decision,” Coffin said.

Efforts to reach Bennett’s parents, who are divorced, Friday evening were unsuccessful.

David Ruhnke, a New Jersey attorney and member of Jacques’ defense team who is an expert in death penalty cases, welcomed the decision by Holder.