Man accused of threats released after serving time
Toolbox
By PATRICK McARDLE Herald Staff - Published: December 29, 2007
BENNINGTON — A Ballston Spa, N.Y., man who has been charged with e-mailing death threats to President George W. Bush was released from all of his legal obligations in Vermont on Monday after the court determined he had served his time and the state could offer no more mental health options.
Michael Dahlquist, 38, was in Bennington District Court on Wednesday on charges he had violated the conditions of his probation.
During the hearing before Judge David Howard, Dahlquist followed a pattern that Howard had described in an order from earlier this year, which denied the state's request to hospitalize Dahlquist.
About 45 seconds after the start of Wednesday's hearing, Dahlquist interrupted from the defendant's table an explanation from Howard about the time Dahlquist had served.
"And the numerous occasions where the court has repeatedly violated my constitutional rights," Dahlquist said.
Howard warned Dahlquist that he faced removal from the courtroom but Dahlquist's comments only became louder and obscene.
"Go (expletive deleted) yourself, you piece of (expletive deleted.) You're obligated by law to uphold my legal rights. (Expletive) you," Dahlquist said as he was removed by a sheriff's deputy from the courtroom.
Howard wrote in his hospitalization decision from July that Dahlquist had a pattern of similar behavior.
"At the several hearings on his pending cases held before this judge since the most recent violations were filed, the defendant has exhibited out-of-control behavior in court. On each occasion, within moments of the start of the hearing, he began screaming objections to the court's jurisdiction over him; challenges to the judge having any authority over him; and comments about counsel's alleged ineffectiveness.
"These remarks were made in a loud manner and accompanied by a stream of profanity and some comments that could be interpreted as threats. He continued the behavior even after warnings by the court and attempts by counsel to control him. He had to be removed from each hearing," Howard wrote in July, as if predicting the hearing on Dec. 26.
After Dahlquist had been removed, Howard explained Dahlquist had served all of the time to which he had been sentenced for aggravated stalking and two violations of an abuse prevention order in 2004.
While numerous hearings have been scheduled to determine Dahlquist's competency and whether he should be hospitalized, it has been difficult to come to a conclusion because Dahlquist has refused to cooperate with doctors and Vermont Department of Corrections staff.
Numerous attorneys who have been assigned to work with Dahlquist have been removed because he will not cooperate.
Howard found Dahlquist incompetent to assist in his own defense because of his difficulty working with lawyers but found there was no proof he was delusional or dangerous.
"While he is obviously very angry at times and believes the court is holding him illegally, that does not prove psychosis. Since two judges have disagreed about his condition and the need for hospitalization and several psychiatrists disagree as to his conditions and needs, it is hard to hold as delusional that the defendant is upset and feels he should be released," Howard wrote.
After meeting with representatives of the State's Attorney's office, the Public Defender's office, the Corrections and a guardian appointed to represent Dahlquist, Howard said he had determined Dahlquist had served the maximum amount his sentence from 2004 would allow and agreed to discharge Dahlquist unsatisfactorily from probation.
"We certainly agree with the state, it's not the best result but it's the best option we have," Howard said.
Dahlquist had been charged with sending threatening letters to a woman with whom he had a relationship. Court records indicate Dahlquist pleaded guilty to the charge in October 2004.
Bennington County State's Attorney Erica Marthage said she and Bush had been threatened by Dahlquist in an e-mail. That case had been sent to the U.S. Marshals office for investigation.
Contact Patrick McArdle at patrick.mcardle@rutlandherald.com.
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