Vermont Takes a Second Look At The Death Penalty

It's been more than 50 years since the state of Vermont sentenced anyone to death and 54 years since its last execution, but the man charged with abducting 12-year-old Brooke Bennett could become the second Vermonter to end up on federal death row in recent years.

Even though police haven't released a cause of death for Brooke or even said she was murdered, federal prosecutors have said they might seek the death penalty against Michael Jacques, 42, of Randolph, the man charged with kidnapping her.

Vermont Law School professor Michael Mello, an expert on the death penalty, said it could be the first time federal prosecutors seek the death penalty using changes to federal law included in The Adam Walsh Child Protection and Safety Act of 2006.

"This is a big deal," Mello said of the legal implications of a death case against Jacques. "What the Adam Walsh amendment was intended to do, in effect, is to make virtually any kidnapping with death resulting a federal capital offense."

Federal prosecutors charge that Jacques, Brooke's uncle, used fictitious e-mail identities to help orchestrate the June 25 abduction of the 12-year-old girl. After dropping Brooke off at a Randolph convenience store, Jacques and a 14-year-old witness identified as Juvenile 1 picked her up again and took Brooke back to Jacques' home.

Juvenile 1 told police she felt Brooke was going to be initiated into a "program for sex." The girl said the last time she saw Brooke, Brooke was going upstairs with Jacques. Brooke's body was found July 2 buried in a shallow grave about a mile from Jacques' home.

Prosecutors have suggested no motive for the alleged kidnapping. Jacques has not yet appeared in federal court to enter a plea in the case.

State prosecutors have turned the case over to the U.S. Attorney's office. The investigation into Brooke's death isn't complete and it will be months before a decision is made on whether to seek the death penalty against Jacques.

Vermont hasn't executed a prisoner since 1954 and the last death sentence came in 1957, although the sentence was commuted and the inmate later released.