Hearing set for ex-police captain
Toolbox
By Susan Smallheer STAFF WRITER - Published: March 11, 2009
BRATTLEBORO — A merits hearing will be held later this month to determine whether former Capt. Heidi Nelson of the Windham County Sheriff's Department violated the terms of her probation by continuing to see an underage student that she took on a secret trip to Florida a year ago.
Nelson, of Westminster, a former Vermont State Police trooper who retired on a medical disability, pleaded no contest last fall to charges she took her law enforcement student at the Brattleboro Career Center to Florida without the permission of the girl's parents.
Nelson received a deferred sentence last fall, but the alleged probation violation could change all that dramatically, said Windham County State's Attorney Tracy Kelly Shriver.
"If you receive a deferred sentence, by law you lose your deferred sentence once you violate terms of your probation and then she would be convicted of a felony," Shriver said.
Shriver said she and Nelson's lawyer, Bettina Buehler of Brattleboro, couldn't reach an agreement on whether Nelson violated the terms of her probation on the underlying charge of unlawful restraint when she had contact with her victim.
According to court records, Nelson was seen at a Dummerston gas station late at night, with the former student waiting for her in her vehicle.
According to her sentence, Nelson was forbidden from having any contact with the former student until she finished high school, at the request of the girl's parents. The girl is believed to have completed her high school graduation requirements a few days after the pair were spotted together.
Shriver said Buehler is expected to argue that the student had finished high school and there was a "necessity defense" of some kind at play.
Buehler didn't return a telephone call asking for comment.
Nelson resigned from her position with the sheriff's department last year before the criminal charges were filed.
susan.smallheer@rutlandherald.com


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