The 2014 conviction of Lamar Scales, 42, had been overturned and remanded to the trial court last month by the Vermont Supreme Court, which cited errors made during his trial, including the introduction of certain testimony from the Pennsylvania state trooper who arrested him on a Vermont warrant and the trial prosecutor’s suggestion that the jurors put themselves in the place of the child complainant.
On Friday at the Bennington court, Scales’ attorney, Jeff Rubin, and Deputy State’s Attorney Alexander Burke described a proposed settlement agreement that would be in lieu of a new trial. Scales would agree to plead guilty to a reduced charge of lewd and lascivious conduct, they said, and be sentenced to a term that would amount to the time he has already served both before and after his 2013 jury trial.
Under the agreement, Scales would be listed on the sex offender registry, although he would not be supervised by probation officials. If the judge approves the settlement, the state would not bear the burden of trying the case more than a decade after charges were brought and would not ask the victim to testify a second time.
The charges were filed in March 2013 after Vermont authorities met with the girl and her mother. The girl had told her mother that Scales improperly touched her on multiple occasions between June 1, 2004, and June 1, 2006, when she was between 4 and 6 years old.
An arrest warrant was issued, and Scales was arrested in Pennsylvania where he then lived, after state police learned of the Vermont warrant.
Judge William D. Cohen indicated Friday that he is leaning toward accepting the settlement agreement, but he expressed concerns — particularly over the fact Scales would not be under supervised release — and he asked the prosecution to provide more information on that point.
“This is not an easy case,” Cohen said, adding that he would be uncomfortable making an immediate decision.
The judge scheduled another conference in the case for Wednesday afternoon to formally consider the agreement and change of plea, saying he would like to have all the details in hand and more time to consider his decision.
Rubin said Friday that Scales has been incarcerated for a total of three and a half years since his arrest. He recommended that after pleading guilty Scales be sentenced to a two- to three-year term, with credit for time served, which would mean he would be released.
Burke said the state would recommend a slightly longer term, but one that would also allow Scales to be released.
There was some discussion of whether he should be released on conditions pending the court date next week, but Burke and State’s Attorney Erica Marthage said they would oppose a release before a guilty plea is formally entered by Scales.
“I place an emphasis on having him admit it,” Marthage said.
She and Burke added that Scales was living in Pennsylvania when arrested and his family ties are also outside Vermont.
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