By Mike Donoghue
NEWPORT — The Vermont Corrections Department is delaying the release of one of the state’s most dangerous career criminals from prison into Essex County following a large pushback from taxpayers and law enforcement.
Harley Breer Jr., 55, was scheduled to be furloughed from the Northern State Correctional Facility in Newport in the coming days, but Wednesday the Vermont Corrections officials said the plan had a last-minute postponement.
Corrections Commissioner Nick Deml told Vermont News First on Wednesday that he had ordered Breer’s planned release from prison to be put on hold.
Deml said he wanted it “paused to allow us time to meet with relevant law enforcement officials in Essex County to discuss the public safety concerns in this case.”
There has been a huge blowback from the public after the news story initially broke on Vermont News First on Tuesday evening and was picked up by the websites for the Times Argus and Caledonian-Record newspapers.
Essex County State’s Attorney Vince Illuzzi had said on Tuesday he was miffed to have to learn from a Vermont News First reporter that Breer was soon headed to live in Canaan, which has limited police service. There also are no state probation officers or an office in Essex County, Illuzzi said.
Canaan is a remote town that borders both New Hampshire and Canada in Vermont’s Northeast Kingdom.
Breer, who has been a thorn in the side of criminal justice for almost four decades, has a criminal history includes arrests for sexual assault, kidnapping, aggravated domestic assault and numerous violations of probation and parole, court records show.
Illuzzi had said on Tuesday he wanted the Corrections Commissioner to reconsider Breer’s furlough plan to Canaan.
Illuzzi, upon learning Wednesday the furlough is halted temporarily, said he looks forward to the meeting with Commissioner Deml and others to discuss the various public safety concerns in Essex County.
Vermont News First also learned Wednesday that Breer is planning to live at the Canaan residence of a convicted sex offender, who is now serving time with Breer at the Newport prison.
Breer’s furlough plan will have him living alone at the residence of Gordon E. Noyes Jr., at the southern end of Canaan on Vermont 102 near the Lemington town line.
Noyes, 57, a registered sex offender, is serving a mandatory sentence of 25-years-to-life sentence after an Essex County jury convicted him in July 2019 for two felony sex crimes: aggravated repeated sexual assault on a child and lewd and lascivious conduct with a child, second offense, records show. His first L&L conviction was in Windham County, records show.
Noyes will not be needing his house until at least Dec. 8, 2042 when his minimum prison sentence expires, records show. He still faces other pending sex crime charges in Essex County.
Deml has the ultimate authority over Breer, according to Isaac Danyo, a Vermont Corrections Department spokesman. All Vermont inmates are sentenced to the custody of the commissioner of corrections, Danyo said.
The Vermont Corrections Department had confirmed on Tuesday afternoon Breer was due to be freed after meeting his minimum sentence.
“I was not informed of exact timing for his release but was told it was imminent…,” spokeswoman Haley Sommer said about Breer.
Deml had said a formal notification to Vermont law enforcement would be provided by the Corrections Department as Breer’s actual furlough date got closer.
Now there will be a general discussion with law enforcement on what is best for Breer and the community.
Deml did say the DOC gives notifications to the public when there are high-profile inmates, including dangerous prisoners, getting returned to the community.
“I understand the discomfort,” the commissioner said.
Deml said while Breer would be on both prison furlough and state court probation, it was likely there would be only one DOC employee monitoring his post-prison behavior, but it would be at a heightened level.
Probation terms are established by the criminal court, while furlough rules are set by Corrections, Deml said.
“It is really distressing to learn that Mr. Breer, a career criminal, is being released to Essex County,” Illuzzi said on Tuesday.
“He has repeatedly demonstrated that he is a danger to the public, both inside and outside Vermont, especially to women,” the prosecutor said.
Breer is supposed to be on probation for most of the rest of his life as part of a 2023 plea agreement that included two felony counts of obstruction of justice, two counts of violation of probation, records show.
It also had a felony unlawful mischief count that included a habitual offender enhancement, records show. Most of the prison sentence was retroactive to his 2021 arrest, records show.
He also had criminal convictions in 2020 for aggravated domestic assault and unlawful restraint, according to the Times Argus.
In 2017 he accepted a plea agreement that called for a sentence of 20 to 45 years all suspended with credit for time served, the Times Argus reported. He was placed on probation for 45 years for his part in another aggravated domestic assault and two counts of disturbing the peace by phone, records show.
He has other felony and misdemeanor counts on his criminal record, along with multiple charges of violating the terms of probation, officials said.
Breer’s current minimum prison sentence expired Dec. 1 and his maximum sentence expires Oct. 31, 2030, records show.
Illuzzi noted the part-time Canaan Police Department was disbanded in 2023 and the town now contracts with the Essex County Sheriff’s Department for some patrol hours each week.
Illuzzi said the Vermont State Police would have to respond from Derby.
The U.S. Border Patrol often is the primary responder in serious cases until deputy sheriffs or state troopers can arrive, he said.
Attempts to reach longtime Essex County Sheriff Trevor Colby were unsuccessful.
Art Gibney, the district manager for the probation office in Newport, said he was not allowed to speak to the media. Gibney said he had to direct questions to the central office at corrections.
Deml said he was well aware Breer “has had a long history. He has been incarcerated my entire time,” said Deml, who was named commissioner in November 2021.
The commissioner said he understands there is very limited law enforcement where Breer will be living.
“It’s a difficult spot,” Deml said.
