Lt. Gov. John Rodgers will hold a press conference at the State House on Tuesday, Jan. 21, to call attention to what he describes as a dangerous gap in Vermont’s criminal justice and mental health systems — one that allows some violent offenders to delay or avoid prosecution altogether.
Speaking at this public meeting will be Bennington mom Kelly Carroll, whose daughter was murdered and who advocates against misuse of mental health defenses and resulting long delays in the court system.
Rodgers, joined by crime victims’ advocates and family members of murder victims, will speak at 2 p.m. in Room 11 about the state’s lack of a secure forensic psychiatric facility and the absence of a formal competency restoration process. Vermont is one of only two states in the nation without such a system.
“As it stands today, Vermont has created a loophole that allows violent offenders to sit in legal limbo for years,” Rodgers said in a statement ahead of the event. “That is not justice for victims, and it’s not public safety. We can care about mental health while still holding people accountable for serious crimes.”
Under current law and practice, defendants found incompetent to stand trial — or who refuse court-ordered evaluations — can remain in the mental health system indefinitely. Because Vermont lacks a secure forensic treatment facility, some individuals charged with violent crimes, including murder, are never restored to competency and never face trial. Defense attorneys have repeatedly opposed the creation of a formal competency restoration program, citing civil liberties concerns.
Critics say the result is a system that retraumatizes victims’ families while allowing repeat offenders to avoid legal resolution.
“This process leaves families in limbo,” Rodgers said. “They don’t get answers, they don’t get closure, and in many cases they’re cut off entirely from information once a defendant is transferred to the mental health system.”
The press conference will include remarks from Kelly Carroll, the mother of Emily Hamann of Bennington, who was murdered in 2019 and whose case remains unresolved. Carroll later founded Voices of Vermont Victims to advocate for reform.
“As a Vermonter I can’t begin to tell you how hurt I am at the way the some in the Vermont House treat victims of violent mental health related crimes. As a mom, I’m devastated. I’m no lawyer and I know I can get some things mixed up but I have listened to testimony after testimony from several House committees over these past 3 years and never have I felt as “irrelevant” as I have this past month listening to the House Human Services Committee’s testimony on S.192,” Carroll said in a statement to the Legislature April 23, 2024 in support of S.192, a civil commitment procedure bill that was passed into law that year.
Also speaking will be Joanne Kortendick, sister of Kathleen Smith of Burlington, another murder victim, and Jennifer Poehlmann, executive director of the Vermont Center for Crime Victim Services.
Rodgers said reform must balance mental health treatment with accountability and public safety, noting that other states have successfully implemented secure forensic facilities and competency restoration programs without violating civil rights.
“This is not about punishment,” Rodgers said. “It’s about ensuring that people receive appropriate treatment, that courts can function, and that victims are not erased from the process.”
The Jan. 21 press conference will take place at 2 p.m. in Room 11 at the Vermont State House.