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Thread: Brooke Bennett, 12 years old Randolph VT #22

  1. #126
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    Quote Originally Posted by Tom'sGirl View Post
    Prosecution requests extension in Jacques investigation
    BurlingtonFreePress.com - Burlington,VT,USA

    The U.S. Attorney for Vermont asked a federal magistrate Wednesday for 60 more days before prosecutors have to decide whether to indict Michael Jacques of Randolph in connection with the killing of his 12-year-old niece, Brooke Bennett.
    snip
    The delay is the third requested by federal prosecutors. Jacques was originally scheduled to appear in court to face the kidnapping with death resulting charge on July 17 before the hearing was rescheduled for Aug. 6, then again to Aug. 12. No new date for a hearing in the case has been scheduled.
    That's not good.

    I would read that as meaning they didn't get any physical evidence from her body that ties Jacques to her murder and that so far nothing else...I would assuming including Gagnon's statements about their conversations right after she disappeared are sufficiently inculpatory.

    I have to say I'm surprised by this, I figured they had him dead to rights for her murder....

    It could also mean they still don't know which of the many bad actors in this tragedy did the actual killing...and that IMO includes AR.

  2. #127
    I posted this on the myspce thread but thought I'd post it here if anyone was interested in talking about it,LOL.

    It looks like AR has a new myspace and to be honest, it seems like despite Brooke's murder, AR is just moving along nicely with her life. Also the "corey" mentioned in the other thread also has a myspace page. It's set to private but I've noticed the profile on other pages in the same group of friends.

  3. #128
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    Is it possible they're holding off because they want to make a deal with him...... LWOP in exchange for a guilty plea on all counts?

    A trial will be devastating to Brooke's family.... to AR, AR's sister & to many other minors who have some small connection to anyone involved.

    Or... perhaps the psychiatrists working with AR have said she's not ready to testify & needs more time.

  4. #129
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    Quote Originally Posted by gigi2009 View Post
    I posted this on the myspce thread but thought I'd post it here if anyone was interested in talking about it,LOL.

    It looks like AR has a new myspace and to be honest, it seems like despite Brooke's murder, AR is just moving along nicely with her life. Also the "corey" mentioned in the other thread also has a myspace page. It's set to private but I've noticed the profile on other pages in the same group of friends.
    Awwwww.... "isn't that special?"

    If it were me.... considering how MySpace played into this sick kidnapping & torture.... just the mention of the name MySpace would turn my stomach... I'd never want to see the site again!

    Isn't this girl getting ANY psychiatric help????


    This is CRAZY!!!!!!!!

  5. #130
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    Quote Originally Posted by LI_Mom View Post
    Is it possible they're holding off because they want to make a deal with him...... LWOP in exchange for a guilty plea on all counts?

    A trial will be devastating to Brooke's family.... to AR, AR's sister & to many other minors who have some small connection to anyone involved.

    Or... perhaps the psychiatrists working with AR have said she's not ready to testify & needs more time.
    They can make a deal w/him right up until the jury goes in to deliberate, I can't see why that would prevent them from charging him w/murder if they have the evidence, to me, a murder charge is MORE leverage to get him talk and tell the truth.

    I wont' say my feelings on AR other than, they are not warm and fuzzy.

    I really can't see this as anything but a very, very bad sign.

  6. #131
    I agree totally limom! According to the blurb (the profile is set to private) she's going to Maine. Seems excited and not at all regretful. Could be just my interpretation but considering Denise's role or lack of responsibility, not a long shot by any means.

  7. #132
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    Quote Originally Posted by Tom'sGirl View Post
    Prosecution requests extension in Jacques investigation
    BurlingtonFreePress.com - Burlington,VT,USA

    The U.S. Attorney for Vermont asked a federal magistrate Wednesday for 60 more days before prosecutors have to decide whether to indict Michael Jacques of Randolph in connection with the killing of his 12-year-old niece, Brooke Bennett.
    snip
    The delay is the third requested by federal prosecutors. Jacques was originally scheduled to appear in court to face the kidnapping with death resulting charge on July 17 before the hearing was rescheduled for Aug. 6, then again to Aug. 12. No new date for a hearing in the case has been scheduled.
    Thanks for the link Tom'sGirl.

    I'm wondering if the Feds are simply being very cautious before they proceed in court. IIRC, the involvement of the Feds is only because of the newly signed Adam Walsh Child Protection And Safety Act Of 2006. Without this Act, this case would be a State case.
    ( http://www.whitehouse.gov/news/relea...0060727-7.html )

    So far as I know, this Act has never been tested in court and remains controversial among many in LE. New definitions of "kidnapping" and "sexual exploitation of minors on the Internet" are untested.

    If the Adam Walsh Act is judged unconstitional, it could result in a mistrial in this case.

    So, it is possible the delays are because of time needed to study the new law rather than the absence of evidence as to who and what killed Brooke.

    -Catfish

  8. #133
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    Maybe, but it still seems like a bad sign...either they have evidence that proves Jacques killed her or they don't. The way I read the act they need LESS evidence to convict than the state would since 'kidnapping leading to death'...could mean that the kidnapper did not commit the murder but it resulted from the act of kidnapping. If they've got the evidence he killed her, then even IF his conviction were to be overturned on the grounds of the law being unconstittutionally vague, he could still be tried for the state charges, I don't think double jeapardy applies w/federal vs. state...

    Maybe I'm being too negative but this really feels to me that they don't have the evidence and/or don't know what really happened to her and who exactly was involved.

    I guess we can count out the idea that Jacques will be pleading guitly anytime soon.

  9. #134
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    Unfortunately, I would tend to agree, HOWEVER, perhaps it is so complicated, and we have a minor or perhaps even two minors that may be implicated in some way (no matter how peripherally) that the Feds want to proceed with as air tight a case as possible.

  10. #135
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    New York also?

    Hi,

    From timesargus.com comes following story:

    Delay is sought in Jacques case - Prosecutors say they need more time to investigate

    -snip-

    "The investigation involves the collection of significant amounts of tangible and electronic evidence in multiple jurisdictions and the forensic analysis of such evidence," Anderson wrote. "Numerous federal, state and local law enforcement agents in Vermont, New York, Alabama and Texas have worked and continue to work on this investigation."

    Complete article: http://www.timesargus.com:80/apps/pb...52/1002/NEWS01

    I was aware of investigation in Vermont, Alabama and Texas. Perhaps I've missed an article somewhere, because this is the first I've read of investigation in New York.

    Would someone fill me in about New York. TIA

    -Catfish

  11. #136
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    hard to say...it could be just that NY agents are working on the case OR it could be that there is a NY connection to online child porn that they've found since having more time to look at the computer records, which to a degree would make sense...large city, lot of very sophisticated technology folks...would probably be fairly easy to operate something under the radar I'd think.

  12. #137
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    Quote Originally Posted by Medea View Post
    They can make a deal w/him right up until the jury goes in to deliberate, I can't see why that would prevent them from charging him w/murder if they have the evidence, to me, a murder charge is MORE leverage to get him talk and tell the truth.

    I wont' say my feelings on AR other than, they are not warm and fuzzy.

    I really can't see this as anything but a very, very bad sign.

    I agree from a legal standpoint BUT LE might feel they have more leverage to get him to make a deal IF they hold off formally charging him. Hopefully this is a psychological/legal ploy only & NOT a sign that there's any trouble with the case.

    I'm just grasping at straws & hoping I'm right & you're wrong here.

    And I'm with you as far as AR. 100%

  13. #138
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    Quote Originally Posted by gigi2009 View Post
    I agree totally limom! According to the blurb (the profile is set to private) she's going to Maine. Seems excited and not at all regretful. Could be just my interpretation but considering Denise's role or lack of responsibility, not a long shot by any means.
    Ugh. Hopefully she's talking about going to a residential treatment center in Maine.

    Frankly, I have to wonder WHY she's not in one now & how on earth she can be chattering away on the internet as if nothing happened.

    What are they waiting for..... another victim????

  14. #139
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    Just found this on our County court calendar




    Friday, Aug. 29 Jacques vs. Jacques
    at 2:00 PM in Room cmc 119-7-08 Oedm/Divorce
    Case Managers Conference
    Atty(s): Todd C. Steadman

  15. #140
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    Quote Originally Posted by LI_Mom View Post
    I agree from a legal standpoint BUT LE might feel they have more leverage to get him to make a deal IF they hold off formally charging him. Hopefully this is a psychological/legal ploy only & NOT a sign that there's any trouble with the case.

    I'm just grasping at straws & hoping I'm right & you're wrong here.

    And I'm with you as far as AR. 100%
    I hope I'm wrong too, but I was fairly certain they were only waiting for the autopsy report before charging him with murder and that since her body was found in good enough shape for an open casket it would be pretty easy to determine COD...and figure out who killed her. I figured that between Gagnon, juvenile 2 and electronic/forensic records they could come pretty close to reconstructing Brooke's last hours and who did what...solve the mystery, figure out if AR left when she said or not, get the time of death fairly close and work from there...

    I am having trouble believing AR is really back on myspace...so, on this, I am going to ignore it and believe that its a fake entry, because IF this is true, if she is really back on myspace posting about her trip to Maine...dear god in heaven, its only a matter of time before she gets mixed up in another crime...as it would to me show ZERO remorse, that she has been so victimized that now she simply doesn't have any compassion left in her soul...and if that is the case then she's dangerous, whether or not its her fault, a person with no capacity for remorse, reflection or compassion is dangerous.

  16. #141
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    Quote Originally Posted by bdmama View Post
    Just found this on our County court calendar




    Friday, Aug. 29 Jacques vs. Jacques
    at 2:00 PM in Room cmc 119-7-08 Oedm/Divorce
    Case Managers Conference
    Atty(s): Todd C. Steadman
    So, it looks as though Denise is not standing by her man.

    On the NY link, do you suppose this had anything to do with Brooke's trip to NY?

  17. #142
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    Quote Originally Posted by Medea View Post
    I hope I'm wrong too, but I was fairly certain they were only waiting for the autopsy report before charging him with murder and that since her body was found in good enough shape for an open casket it would be pretty easy to determine COD...and figure out who killed her. I figured that between Gagnon, juvenile 2 and electronic/forensic records they could come pretty close to reconstructing Brooke's last hours and who did what...solve the mystery, figure out if AR left when she said or not, get the time of death fairly close and work from there...

    I am having trouble believing AR is really back on myspace...so, on this, I am going to ignore it and believe that its a fake entry, because IF this is true, if she is really back on myspace posting about her trip to Maine...dear god in heaven, its only a matter of time before she gets mixed up in another crime...as it would to me show ZERO remorse, that she has been so victimized that now she simply doesn't have any compassion left in her soul...and if that is the case then she's dangerous, whether or not its her fault, a person with no capacity for remorse, reflection or compassion is dangerous.
    Medea, they've been so quiet about this case as soon as they finished releasing the affidavits & email excerpts..... made me think they had their reasons for releasing the tidbits they did & that there must be TONS of info we can't even imagine.

    I guess I just don't understand why they would want to 'rush' to charge MJ with murder.... as long as they file charges IN TIME.

    As soon as they file, the clock starts ticking & MJ can demand a speedy trial... forcing the prosecution to work under time limits. That seems like a disadvantage I'd want to avoid IF I can.

    Good point.... maybe that MySpace post is fake.... it DOES sound eerily similar to Brooke's supposed post about looking forward to going to Texas. Kind of hard to even imagine why that account has not been deleted though.

    I wish someone from the community would let us know IF AR is still around town or whether she's away in treatment.

  18. #143
    Quote Originally Posted by Medea View Post
    I hope I'm wrong too, but I was fairly certain they were only waiting for the autopsy report before charging him with murder and that since her body was found in good enough shape for an open casket it would be pretty easy to determine COD...and figure out who killed her.
    IMO, I think they know MJ killed her and have proof of it... I think maybe they are looking to prove that her murder was premeditated. We already know the kidnapping was premeditated, but we haven't seen anything released telling us that the murder was. I truly doubt he planned to let her go, my gut tells me he had no intention of keeping her alive, and the plan was to do it the same day she came up missing. JMO.
    I don't think MJ will get out of this one, I think they want to make darn sure there is absolutely no way he will ever see the light of day again... At least, I hope. IMO.
    All IMO.

  19. #144
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    "I wish someone from the community would let us know IF AR is still around town or whether she's away in treatment."

    I have asked around town but have not been able to get any info.

  20. #145
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    I'm not very familiar with the Adam Walsh Act, but normally, if a person dies during the commission of another felony such as rape or murder, they are automatically going to be eligible for the top count of premeditated murder...whether they premeditated it or not.

  21. #146
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    Quote Originally Posted by bdmama View Post
    "I wish someone from the community would let us know IF AR is still around town or whether she's away in treatment."

    I have asked around town but have not been able to get any info.
    Thanks, bdmama.

    If you hear anything, please let us know.

    I DO hope this girl is getting the help she needs so she has a chance at living a somewhat normal life in the future.

  22. #147
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    Quote Originally Posted by Medea View Post
    I'm not very familiar with the Adam Walsh Act, but normally, if a person dies during the commission of another felony such as rape or murder, they are automatically going to be eligible for the top count of premeditated murder...whether they premeditated it or not.
    IIRC, the problem with the Adam Walsh Act is the portion that would allow LE to add people to the list RETROACTIVELY & also there's question about how to handle the low level offenders.


    Listen we ALL want to protect children BUT we also have to make sure we don't create a SO list that doesn't distinguish between dangerous offenders & people who are accused of things like sexual harassment in the office/schools or teens who having sex with other teens & can find themselves on the SO list.

    As we can see, LE & society can't even begin to deal with the SO's already on the list.... we won't be any safer just because we continue to add more & more people to these lists.....

    we need to make changes that address how we DEAL with these people.

  23. #148
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    Ah, see I thought it was just about the kidnapping leading to death, didn't realize it had provisions for overall treatment of sex offenders.

    You are totally preaching to the choir or the need to differentiate DANGEROUS PREDATORS from some guy that grabs a girl's behind, consenting sexual relationships between teens/adults and even date rape...I am totally, totally for coming down hard on high school and college acquaintance rapes, but however awful for the victims, these guys are simply not in the same class as the Michael Jacques of the world, though I would still list them on the registry in most cases.

    I am following a case in Oregan where a serial stranger rapist is up for parole!!! The judge gave him 30 years, the nice parole board chopped that in half and then, the parole board voted to parole him, even though all the experts say he is at high risk of re offending. I mean WTF? He was only prosecuted for one of his rapes because back in the day the statute of limitations had run out on all but one...and since his upcoming parole has made headlines several women who he raped came forward that didn't come forward before...You know, what does it take? Serial Stranger Rapist At High Risk Of Reoffending...parole should not even be on the table.

  24. #149
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    Quote Originally Posted by Medea View Post
    Ah, see I thought it was just about the kidnapping leading to death, didn't realize it had provisions for overall treatment of sex offenders.

    You are totally preaching to the choir or the need to differentiate DANGEROUS PREDATORS from some guy that grabs a girl's behind, consenting sexual relationships between teens/adults and even date rape...I am totally, totally for coming down hard on high school and college acquaintance rapes, but however awful for the victims, these guys are simply not in the same class as the Michael Jacques of the world, though I would still list them on the registry in most cases.

    I am following a case in Oregan where a serial stranger rapist is up for parole!!! The judge gave him 30 years, the nice parole board chopped that in half and then, the parole board voted to parole him, even though all the experts say he is at high risk of re offending. I mean WTF? He was only prosecuted for one of his rapes because back in the day the statute of limitations had run out on all but one...and since his upcoming parole has made headlines several women who he raped came forward that didn't come forward before...You know, what does it take? Serial Stranger Rapist At High Risk Of Reoffending...parole should not even be on the table.
    Oh, I also believe those more 'minor' sex crimes are still sex crimes.... BUT those are the treatable offenders.

    The real trouble with being TOO BROAD with the concept of a SO list is that eventually society will start to feel too many people are being unfairly persecuted & they'll be forced to reevaluate the whole system again.... loosening the standards once again.

    I always wonder WHY can't our politicians write bills that are straight forward & to the point? Why tack on endless provisions that can kill the entire bill?

    Bills that try to do TOO much are a waste of taxpayer money, time & LIVES.

    IMO, it's all political GAMES & means we are allowing our politicians to avoid doing a job in the most efficient way possible.


    Sometimes it's hard not to wish these violent parolees would just head straight for the houses where the parole board members live.... that seems to be the only way they'll ever open their eyes to reality. Crazy world.

  25. #150
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    "The interests of justice outweigh the suspects' right to a speedy trial."

    Bennett case: Prosecutors get more time

    August 1, 2008

    MONTPELIERó A magistrate agreed Thursday to give prosecutors more time to make their case against two men facing charges in the case of 12-year-old slaying victim Brooke Bennett, saying the interests of justice outweigh the suspects' right to a speedy trial.

    -snip-

    " ... the court finds that the ends of justice are best served by granting the motion because an enlargement of the period within which an indictment must be filed outweighs the interests of the public and the defendant in a speedy trial," Neidermeier wrote in his order Thursday.

    Complete article:
    http://www.timesargus.com:80/apps/pbcs.dll/article?AID=/20080801/NEWS02/808010365/1003/NEWS02

    -Catfish


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