A racist online troll from Bennington who was already facing three misdemeanor offenses was back in court Monday where two more were added.
Max Misch pleaded not guilty to the latest two counts of violating the conditions of his release during a hearing in Bennington County Superior criminal court.
Judge David Howard released Misch on conditions again, this time adding a condition that he not contact the man who, court records say, used a smartphone to record video of Misch at a bar in Hoosick Falls, New York, just across the border from Vermont.
Assistant Attorney General Ultan Doyle, the prosecutor, had argued for the imposition of $200 cash bail, the maximum amount allowed for each misdemeanor charge.
Frederick Bragdon, a public defender representing Misch, could not be reached Monday for comment. The Attorney General’s Office also declined comment, other than a statement summarizing the charges and Doyle’s request for cash bail.
Misch, reached Monday, declined comment.
Misch achieved public notoriety as a white supremacist whose online harassment of former state representative Kiah Morris, a Bennington Democrat, contributing to her decision to leave public office.
The attorney general decided not to prosecute Misch in relation to Morris’ harassment complaints, but soon after announced separate charges against Misch for allegedly bringing high-capacity gun magazines into Vermont.
Misch had previously been court-ordered not to travel outside of Bennington County, prompting one of the new charges Monday, alleging that he violated his conditions of release by travelling to a bar across the New York state line.
The second new misdemeanor charge alleges that on July 2 Misch contacted his ex-wife, Lisa Shaprio, which he was also prohibited from doing according to an earlier court order.
In February, the Attorney General’s Office filed two misdemeanor charges against Misch for allegedly possessing two high-capacity magazines in violation of the new law in Vermont that sets limits on magazine sizes.
In that case, he was released on conditions, including that he not contact Morris and her husband James Lawton, as well as not leave Bennington County, stay away from his ex-wife, Shapiro, a witness in the case, and that he not buy or possess any weapons.
Misch was back in court last month facing a charge he violated his release conditions by purchasing a firearm at the Bennington Armory for $350.
His attorney argued at an earlier hearing that while Misch paid for the firearm, he never took possession of it, leaving it at the gun store with the intention of picking it up once his case resolved.
Allegations that Misch traveled outside of Bennington County in violation of his court-ordered conditions began to surface last week, with local authorities refusing to comment beyond saying that an investigation had been conducted and referred to the Attorney General’s Office.
Misch was arrested on the two latest violations Saturday morning.
According to an affidavit made public Monday, Detective Larry Cole of the Bennington Police Department met with Adam Turner on Monday, Aug. 12, at the Bennington Police Department.
Cole wrote in the affidavit that Turner told him that he was at the Unihog Restaurant in Hoosick, Falls, New York, on Saturday, Aug. 10, when he saw a person he recognized as Misch standing at the bar.
Turner than took a photo of Misch, and also provided that image to the detective, which was time stamped as “Saturday 11:01 p.m.,” according to the affidavit.
The affidavit stated that Turner was aware that Misch had conditions prohibiting him from leaving Bennington County.
The detective wrote that Turner told him he engaged Misch in a conversation, which he recorded on his cellphone, and during that exchange Misch acknowledged he had conditions of release that prevented him from leaving Vermont.
Turner also turned over that 22-minute video conservation with Misch to police, the affidavit stated.
Turner also contacted Lawton, Morris’ husband, who also sent a Facebook message to the detective that included the photo of Misch inside New York bar taken by Turner along with the message that it was taken at “11:00 p.m. Saturday evening,” the affidavit stated.
The Facebook message to the detective from Lawton also included what appeared screenshots of a news article with two paragraph circles, which included information about Misch’s conditions of release requiring him to stay in Bennington County, according to the affidavit.
The detective added in the affidavit that Lawton never filed a formal complaint him, but just sent the Facebook message.
Lawton on Monday described Turner as an acquaintance who he hadn’t seen for some time, and said the two were not working together to try to get a new charge against Misch.
Also Monday, a violation of conditions of release charge was brought against Misch for allegedly contacting his ex-wife, Shapiro, on July 2.
The allegation that Misch contacted her was raised in an affidavit filed last month in the case involving his purchase of a firearm from the Bennington Armory.
It was unclear why Misch wasn’t charged with contacting Shapiro, and why he was charged now with it.
In that affidavit, police stated they learned about the firearm purchase from Shapiro and she also told authorities that she had received phone calls from “No Caller ID,” and it was Misch on the line.
“He states over and over that the trouble he is in is my fault,” Shapiro wrote in her statement to police.
“Max has also asked me to call (Vermont Attorney General) TJ Donovan and I should take back my statement because he claims I was not accurate in what I’ve stated about the amount of ammo he was stacking.”
Now, Misch faces a total of three charges he violated release conditions and two counts of illegally possessing high-capacity magazines.
While the violation of condition of release charges work through the trial court system, the two charges related to the high-capacity magazines are heading to the Vermont Supreme Court.
A judge last month denied a bid by Misch’s attorneys seeking on constitutional grounds to have those charges dismissed.
However, the judge did grant a request by both the Attorney General’s Office, which is prosecuting the case, as well as Misch’s attorney to have that ruling appealed to the Vermont Supreme Court.
Read the story on VTDigger here: Misch faces more charges after weekend arrest, but remains free on conditions.