State orders psych hearing for suspected sex criminal
Toolbox
By PATRICK McARDLE STAFF WRITER - Published: November 3, 2009
BENNINGTON — The state has ordered a competency hearing for a man whom prosecutors believe was the first charged under Vermont's latest, tougher sex crimes legislation.
Michael R. Williams, 55, who police said was a drifter who had once lived in Binghamton, N.Y., was charged in Bennington District Court in March with one felony count of aggravated sexual assault on a person younger than 16.
Williams was also charged with four counts of aggravated sexual assault on a person younger than 13 and five counts of lewd-and-lascivious conduct with a child.
At a hearing last week, public defender Frederick Bragdon said he had asked a doctor to meet with Williams several times.
"The doctor's report appears to (say) that (Williams is) going to be marginally incompetent and that the marginalness will stem from the amount of stress that he faces at the time I need to deal with him. … More of a chance of incompetent at trial, less chance if we're not under stress," Bragdon said.
Talking to Williams was a "real shot in the dark," Bragdon said, because he could be fixed on the subject matter at hand and discuss it in chronological sequence and then become distracted to another, possibly random, subject which he seems unable to drop.
Bragdon said he was concerned that Williams could have an episode of erratic concentration during his trial.
A medical report on Williams should be available in about two weeks, Bragdon said.
Bennington County Chief Deputy State's Attorney Christina Rainville said she would not oppose the suggestion for a state-ordered competency evaluation, but wouldn't join in. Rainville said she believed Williams' competency had already been established before the case had gotten to the stage last week when it was almost ready to go to trial.
Judge David Suntag ordered the evaluation and said the case "may wind up with a competency hearing."
Bragdon also opposed a motion filed by the state that said one of the children who had told police that Williams had touched her "simply can't handle testifying in the courtroom."
Suntag asked Bragdon to file a written response to the state's motion.
Williams was charged after a 12-year-old girl reported in March that Williams had touched her. A 7-year-old girl related to the other girl said Williams had also touched her once, police said.
Williams said he had been hitchhiking and decided to stay in Bennington for a few months before the alleged sexual assaults.
The charge of aggravated sexual assault on someone younger than 16 was created by the Vermont Legislature in their most recent term in response to the June 2008 slaying of Brooke Bennett of Braintree.
Anyone convicted of the charge would face a mandatory minimum sentence of 25 years in prison and a maximum penalty of life in prison.
Williams was charged with the crime less than a week after it was signed into law by Gov. James Douglas.
Other charges against Williams have mandatory minimum penalties or are punishable by life in prison. The lewd-and-lascivious conduct charges carry minimum mandatory penalties of two years in prison and the sexual assault charges are punishable by up to life imprisonment.
Williams is being held in the Springfield prison.
patrick.mcardle@rutlandherald.com
40