Vermont Daily Chronicle Staff

HYDE PARK – Carroll Peters, who died in February before he could stand trial for first-degree murder, will have the court file from the 1993 fatal shooting remain a public record.

Vermont Superior Court Judge Benjamin D. Battles, in a 4-page written decision this week, ruled that in the “interests of justice” the criminal court file should remain available for current and future generations of Vermonters to inspect.

The defense had filed a motion to have the public file sealed or expunge, but Lamoille County State’s Attorney Aliena Gerhard used several witnesses, court records and legal arguments to show transparency was necessary for the pubic to understand the case. The file needed to be available for current and future generations.

Battles rejected the request by the defense to expunge or seal the record and granted the motion from the state to block any sealing or expungement. A third request to have the case dismissed with prejudice was considered moot, the judge said.

Carroll Peters had pleaded not guilty in September 2024 to the indictment obtained by Gerhard from a Lamoille County Grand Jury that agreed 23-0 that he should be charged in the execution-style slaying.

Cheryl Peters, 42, died from a single gunshot wound to the head at close range while sleeping at her home sometime after 8 p.m. Sept. 1, 1993, Morristown Police said. Her body was found Sept. 2, 1993 on the couch at her house not far from Copley Hospital where she worked as a lab tech.

Carroll Peters was an immediate suspect, but was never charged for 31 years.

His husband, Lynn Cline, testified that Peters had maintained, even on his death bed, that he was not the person that shot his estranged wife. Peters, 71, lost his battle to cancer on Feb. 6.

Gerhard had cited several reason to keep the file open and said Peters’ defenders would be able to use the court records to try to show he was innocent. If the records were unavailable, they would be unable to continue to fight on behalf of Peters.

Gerhard also argued during a July 1 court hearing that any claim for invasion of privacy for Peters was legally lost when he died. Under the law, claims for privacy do not extend once a person is dead.

That was one of the main points made before the hearing by the Vermont Press Association, which represents about four dozen daily and non-daily newspapers. The VPA had filed a letter intended as a “Friend of the Court Motion” with several legal arguments to keep the records open in what it said was one of the highest profile and unique homicide cases in the past 100 years in Vermont. The First Amendment right to access court proceedings and public records also was included.

Batchelder declined to consider the VPA letter by noting Vermont law only allows the prosecutor and defense to have a say about expungement or sealing.

He did agree that Peters death helped end the argument for sealing.

“Shielding the case records from public scrutiny thus cannot play any role in ‘reducing recidivism, facilitating reintegration, and ensuring self-sufficiency by promoting employment and housing opportunities,” the judge wrote.

Retired Vermont State Police Detective Major Tim Bombardier, Assistant Attorney General Carolyn Hanson, who chairs the state Domestic Violence Fatality Review Committee, and Tina Teale, Cheryl Peters’ oldest daughter were used as witnesses by the state to fight for transparency.

Cline, Peter’s domestic partner for 20 years and Eliza Crepeau, the defendant’s daughter, testified for the Carroll Peters.

Battles noted that while Crepeau said it might provide the family some relief, it would make it harder to find the “real” killer of Cheryl Peters.

Allowing continued public access will allow family members, the public, the media, and policymakers to continue to scrutinize the facts surrounding Cheryl’s death, as well as the decision that were made – rightly or wrongly – in how the case was investigated and ultimately charged.

A couple of elected Lamoille County State’s Attorney’s and Vermont Attorney Generals had balked for over three decades in filing charges or even taking it to a grand jury. Even a major petition drive could not get a grand jury called.

Gerhard, with support from her predecessor Todd Shove, sought a grand jury just a few months after Vermont Gov. Phil Scott appointed her Lamoille County State’s Attorney in June 2024.

Peters was going through divorce proceedings with Carroll Peters, her third husband. She was planning to move to Montpelier two days later, but was shot dead, Gerhard said.

Carroll Peters was said to be jealous and was not happy she was moving to Montpelier to be close to a new boyfriend. Peters had indicated that if he could not have Cheryl Peters, nobody would have her, court records show.

The couple had married in 1990 and separated in January 1993, records show. Carroll Peters filed for divorce on Aug. 4, 1993.