Lone state’s attorney’s race is in Chittenden County with George and Kranichfeld

By Mike Donoghue
Vermont News First

Embattled State’s Attorney Eva Vekos, whose law license is suspended temporarily, apparently did not file this week for re-election as the top prosecutor in Addison County.

The Vermont Secretary of State’s website shows that Rutland County Deputy State’s Attorney Peter Bevere, a Middlebury resident, was the lone candidate to file sufficient nominating petitions by the deadline late Thursday afternoon.

Bevere, who has run twice unsuccessfully as an independent for the post, filed for the Democrat nomination this time. He has been a lawyer for about 25 years, mostly as a prosecutor.

Attempts to reach Vekos on Friday were unsuccessful.

With Vekos not running, that means Chittenden County appears to have the lone race for top prosecutor.

Chittenden County State’s Attorney Sarah George, who has come under fire from the public for her liberal decisions not to prosecute crimes, is being challenged by Franklin County State’s Attorney Bram Kranichfeld of Burlington, known for being more in the middle of the road for decisions. He used to work with George in Chittenden County and later was head of the criminal division for the Vermont Attorney General’s Office.

The Vermont Supreme Court voted 4-1 in April to issue an immediate interim suspension for Vekos’ law license following her controversial court conviction for a driving while intoxicated arrest more than two years ago.

Bevere, a former Addison County deputy prosecutor, announced a few days later he was going to give another run for the top seat in the office.

For the past three years Bevere has been making the daily 33-mile commute from Middlebury to serve under Rutland County State’s Attorney Ian Sullivan. Bevere has been focused on the so-called accountability court efforts.

Vekos is still free to hold the Addison County post, but is unable to practice law. Her elected terms ends Jan. 31, 2027.

There is the very slight possibility that Vekos did file for re-election, but her nominating petitions failed to have enough signatures from valid voters. The law provides that the Addison County Clerk could give Vekos until next week to rectify the matter with more signatures.

Two persons, however, close to the Addison County courthouse told Vermont News First on Friday they were told no petitions were filed by Vekos.

Bevere, in his first run in 2018, lost in a razor-thin race to then-State’s Attorney Dennis Wygmans. The election night totals showed Wygmans winning 7,803 to 7,793 with 1,935 blank or spoiled ballots. The 10-vote margin expanded during a recount requested by Bevere to 21 votes (7,816 to 7,795.)

Four years later Bevere lost to Vekos, a Democrat, 9,029-6,546.

It has been a rocky career for the first-term prosecutor. Vekos has faced calls from political leaders, including Republican Gov. Phil Scott, and most of the Addison County statehouse delegation to resign. The calls for her resignation come from the DUI arrest, but also her bitter relationship with local, state and county law enforcement officers. She also has faced criticism from crime victims.

The Vermont Attorney General’s Office, which has a large number of lawyers in the criminal division, but limited active cases, agreed after the DUI conviction to handle the most serious cases in Addison County for state police. Earlier the Vermont State Police and AG’s office brokered a deal shortly after the DUI arrest to handle the felony cases coming from the New Haven barracks.

The AG’s office still handles some cases.

It remains unclear if State Disciplinary Counsel Jon Alexander ever plans to file administrative charges against Vekos.

Alexander did successfully argue on March 19 during a special Vermont Supreme Court hearing that the DUI conviction was a “serious crime.”

Four justices noted that a serious crime was considered “any felony or lesser crime that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness as a lawyer in other respects …. (or) involves the interference with the administration of justice, false swearing, misrepresentation, fraud, deceit, bribery, extortion, misappropriation, theft or any attempt, conspiracy, or solicitation of another to commit a ‘serious crime.’”

New Associate Justice Christina Nolan, who was approved on a Vermont Senate vote 23-7 on Feb. 3, was the lone dissenter on the high court.

“In my view Disciplinary Counsel has failed to make the requisite demonstration that respondent Eva P. Vekos’s first-time misdemeanor driving under the influence (DUI) conviction is a ‘serious crime’ as that term is uniquely defined by our Professional Responsibility Program Rules,” Nolan wrote.

Nolan noted Alexander sat on the disciplinary case for 26 months after the arrest of Vekos in January 2024. Nolan said she does not understand the recent big rush claimed by Alexander.

“The need to do so now is not evident,” said Nolan, a former U.S. Attorney in Vermont. She questioned if Vekos will get a fair chance.

“Whatever the reasons for waiting, the majority’s decision will put the heaviest of thumbs on his side of the scale at any forthcoming merits hearing, if it is not outcome dispositive,” Nolan wrote.

Chief Justice Paul L. Reiber, and Associate Justices Harold “Duke” Eaton Jr., Nancy J. Waples and Michael P. Drescher joined for the majority decision. Drescher also was approved for the high court on Feb. 3 after a 15-15 tie in the State Senate was broken by Lt. Gov. John Rodgers.

The four justices said by considering all the facts involving the conviction made them believe a serious crime had been committed. They noted Alexander is expected to file formal charges against Vekos based on the conviction.

“The Court anticipates such a petition will be filed forthwith,” the justices wrote.

Seven weeks later, still nothing from Alexander

St. Johnsbury defense lawyer David Sleigh, on behalf of Vekos, called the interim suspension “the ultimate sanction” for a lawyer.

Sleigh said if there had been a hearing before the appeal, evidence could have been presented in support of Vekos.

He said it would have included evidence that no action was taken by Disciplinary Counsel when another elected state’s attorney in southeastern Vermont was convicted for DUI, or when an appointed deputy prosecutor was convicted for the same crime.

“We did not have a chance to litigate it,” Sleigh said. There was no chance to present witnesses or to cross examine anybody, he said.

The court wrote that less than a week after her arrest, Vekos sent a note to Addison County law enforcement leaders to say she would not feel safe meeting with police in person and that it would conflict with her efforts to offer professional training to police officers.

The court rejected claims by Vekos that she had been punished in both criminal court (with her DUI conviction) and civil court (with the suspension of her driver’s license).

The justices maintained each case had to be determined on its own facts. They noted Vekos asked the state trooper to exercise his “discretion” and allow her to leave the scene without first engaging in field sobriety exercises.

Vekos had initially pleaded not guilty in court to charge of driving while under the influence, but she agreed to plead no contest in December. Judge John Pacht deferred her sentence for six months and the conviction can be wiped off her record if she stays out of trouble during that time.

Sleigh had noted Vekos had her license suspended initially after her arrest and that she has complied with her court-imposed conditions of release for two years.

Vermont State Police arrested Vekos after she was called to a homicide scene in Bridport on Jan. 25, 2024. She refused a court-approved breath test and would not submit to having her mugshot and fingerprints collected when taken to the state police barracks in New Haven for processing.

The case strained relations with law enforcement agencies in Addison County, especially state police. The prosecution was moved to Chittenden County.

Sleigh and Pacht both noted that normally a first-time offender in a DUI case in both Chittenden and Addison Counties would be offered a chance to go through a Court Diversion program and avoid a conviction.