|
|
 |
News
| 4/24/2009 11:03:00 AM | Email this article • Print this article | Defendants Accept Plea Deals
Big Jay Clear Cutting
Robin Smith
Staff Writer
NEWPORT CITY - The two men accused of clear cutting a swath across Big Jay Mountain pleaded no contest to felony unlawful mischief Thursday in Orleans District Court just moments before the case went to a jury.
Judge Robert Bent accepted the plea bargain Thursday morning, noting that new information had changed the situation.
He sentenced Paul Poulin, 42, of Derby Line, and Alan Ritter, 47, of Jay, to 18 to 36 months each of probation and 60 days each on community work service. He ordered the two to go before the Community Justice reparative board.
A restitution hearing will be set.
Bent warned them that a felony criminal record affects foreign nationals who want to see U.S. citizenship. He said he couldn't predict the nuances of how a felony conviction would affect Poulin, who is a dual citizen of the U.S. and Canada.
They pleaded no contest, saying that they thought the state had enough evidence to get a jury conviction. Neither has a record.
The men cut hundreds of trees in the summer of 2007, according to an affidavit by Warden Sgt. Bradley Mann. The swath runs down a cliff face, across a brook, and ranges from 16 to 65 feet across.
If convicted, they could have faced a maximum of up to five years in prison and/or a $5,000 fine.
The cases were bound for a two-day trial. However, the parties arrived in court Thursday morning and asked to approach the bench before the jury came in.
Poulin, who was representing himself, Ritter's public defender Jill Jourdan and Deputy State's Attorney Joseph Malgeri talked with Bent and then announced that they had a plea deal based on evidence that came up at a pretrial hearing Wednesday.
Bent accepted the 11th hour plea bargain. "I recognize some of these cases have wrinkles that don't get worked out until the day of," he said. "Information is power. You didn't have the information."
New information came to light about how prior illegal clear cutting cases were resolved, Malgeri said.
The information was buried in documents subpoenaed by Poulin's former defense attorney from state agencies about past cases, Malgeri said.
A key factor was whether the trees cut down on Big Jay were worth more than $1,000, prompting the felony charges. If the trees were worth less, the charges would have only been misdemeanors.
Bent said he was going to charge the jury to determine the value of the cut trees in order to decide whether the men were guilty of a felony or a misdemeanor.
He gave a glimpse into what he was thinking of saying to the jury as a way of helping the attorneys and defendants prepare for the restitution phase of the cases.
He indicated that the trees can have value in themselves, for their lumber. But they also can be worth more than that because they have an effect on the value of the land on which they grow.
"Cases like this in some ways are difficult to resolve, because they are not common," Bent said. "This sets a sufficient example for people who think they can cut or damage public property."
"It sends a message" in a case that has gained "a certain degree of notoriety," Bent said.
He also said that he was seeking reasonableness.
"It's our intention to try to arrive at a reasonable number without a contested (restitution) hearing," Malgeri commented.
Poulin agreed.
|
Article Comment Submission Form
|
|
|
|
|
|
© The Caledonian-Record News 2009-2010
The Caledonian-Record,
190 Federal St., P.O. Box 8, St. Johnsbury, VT 05819 - 802-748-8121
|
|
|
