Elizabeth Murray

Free Press Staff Writer

ST. ALBANS - Prosecutors have dismissed two charges against Franklin County state Sen. Norm McAllister, ending the first of two sexual-assault trials for the suspended lawmaker after one day of testimony.

Franklin County Deputy State's Attorney Diane Wheeler asked the court to drop the charges after she said "new information" came to light Wednesday evening after the first day of trial, which included only one witness: the woman who said she was repeatedly assaulted.

McAllister, suspended from the Senate, still faces four related counts in a separate trial this fall involving two other women.

Wheeler declined to elaborate Thursday morning on the dismissal, adding that disclosing the information could affect subsequent court proceedings.

“No, I can’t. I don’t want anything to affect any future trials,” she said.

Later, Wheeler told the Burlington Free Press the information was "not directly related" to the allegation of sexual assault by McAllister on the alleged victim. She declined to elaborate further.

McAllister, a 64-year-old Republican from Highgate who has pleaded not guilty, declined comment.

Lawmaker, locals react to McAllister trial's end

The request to dismiss the charges came shortly after 9:30 a.m. Thursday, before members of the jury had been brought into the courtroom to resume the trial.

The defense had no objection, and the judge agreed to dismiss a pair of charges that carried up to a life sentence on conviction.

Outside Vermont Superior Court in St. Albans, McAllister defense attorney Brooks McArthur said he believes the dismissal came as a result of inconsistencies the defense noted Wednesday in the accuser's testimony. The woman who testified said she had worked for McAllister first as a farmhand and later as an intern, and that he had sexually assaulted her multiple times.

The woman was the only witness who testified.

"You heard the testimony yesterday, and the case was dismissed today. I think that speaks for itself," McArthur said. "We raised a number of credibility issues with the complaining witness when she testified."

Effects of trauma

Karen Shingler, a lawyer for the woman who says McAllister raped her, says the 21-year-old woman "absolutely" maintains her story despite Thursday's surprise dismissal. The Burlington Free Press does not publish the names of people who say they are victims of sex crimes unless they agree to be identified.

"She was upset when she heard the news this morning," Shingler said of her client. "However, she accepts the decision of the Franklin County State's Attorney's Office. ... She is doing as best as can be expected under the circumstances."

McAllister accuser: 'I was in hell'

Inconsistencies in the woman's testimony could have come from trauma experienced during the alleged assaults, victim advocate Kris Lukens said. She is the director of Voices Against Violence, a St. Albans-based victim advocacy organization.

Lukens, who was present during the first day of the trial, said the victim's testimony could have been mistaken by the defense and jurors as "inconsistent."

"We now know from research that trauma plays a huge part, and it actually physically changes the brain," Lukens said. "One of the things that happens with a person who has been traumatized is they don't necessarily think in a linear fashion. ... Things are all over the place, and that can be construed as someone being inconsistent."

She added, "It doesn't mean that victims are lying. It doesn't mean that victims are false-reporting."

During the trial, defense lawyer David Williams noted inconsistencies in versions of the account that the woman provided in police interviews and sworn depositions before the trial and while she testified Wednesday. Those details included how, when and where she said various assaults took place.

At times during cross-examination by the defense, the woman appeared uncomfortable or confused.

Lukens said she still believes the woman's story and found Thursday's dismissal disappointing. She also said she believes this will affect whether some victims of sexual assault come forward in the future.

"None of this means the sexual assault didn't take place," she said. "Technicalities take place in any court case, and I think that's what we saw here."

The 'right thing'

Wheeler, the prosecutor, declined to comment about the "new information" but said she had an "ethical obligation" to dismiss the case based on what she learned. She said disclosing the information could affect the next trial against McAllister.

"We have four counts still pending, and we are looking to proceed on those counts," Wheeler said.

Defense attorney McArthur said this week's case was dismissed "with prejudice," meaning the state is unable to file the charges again.

McArthur said law enforcement did its job in investigating the allegations, and he maintained the accuser was not credible and had made "outright false allegations" at some points during her sworn statements. Shingler, the woman's lawyer, was unavailable later in the day to respond to McArthur's comments.

"Ms. Wheeler, who is a very experienced prosecutor, a very ethical prosecutor, did exactly the right thing," McArthur said. "It was clear that this complaining witness had significant credibility issues, and when the state listened to her testimony yesterday and reviewed that testimony overnight, they realized they were going to have a very difficult time meeting their burden."

Shingler commended Wheeler for "doing the right thing," but Shingler declined to expand on what she meant by that statement.

McAllister filed papers in May seeking a third term in the Senate representing Franklin County. McAllister served in the House of Representatives from 2003 to 2013, when he became a state senator.

McArthur said he hopes the dismissed charges help repair his client's reputation.

"I wish that the folks in Montpelier would have waited until all of the facts had come to light," McArthur said, referring to McAllister's suspension by the Senate in January.

The prosecution and defense will meet again in 30 days to discuss other pending charges against McAllister. The second case will address claims he sexually assaulted two women who were his tenants and employees on his Highgate dairy farm. That trial is expected to occur in the fall.

McAllister has denied the remaining four charges, which include one count of sexual assault without consent and three counts of prohibited acts.

If convicted of those counts, McAllister faces three years to life in prison. He remains free on conditions.

This story was first posted online on June 16, 2016, and updated later in the day. Contributing: Associated Press. Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.

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