By Guy Page
Citing the need for a fair trial, public defender Joshua O’Hara has filed a motion seeking to restrict the Burlington Police Department from making public statements calling for ‘habitual offender’ status about his client, Michael Reynolds, according to a January 7 Seven Days news report.
State’s Attorney Sarah George supports the motion, O’Hara claimed. A joint filing by both defense lawyer and prosecutor is expected soon, he said.
Reynolds, a Burlington-area transient, has 1,850 police interactions and multiple convictions. He has 51 convictions, including six felonies. Following his last arrest he was jailed, facing several criminal charges. O’Hara’s motion, submitted earlier this week, argues that recent public comments made by Burlington Police Chief Jon Murad could jeopardize Reynolds’ ability to receive a fair trial.
“Chief Murad’s statements have the potential to prejudice public opinion and influence the outcome of my client’s cases,” O’Hara stated in the Seven Days news story. “The right to a fair trial is a cornerstone of our justice system, and it is imperative that external influences do not undermine this right.”
The motion highlights several remarks made by Chief Murad during recent press briefings, which O’Hara claims have cast Reynolds in an unfairly negative light. While the specific content of Murad’s statements was not detailed in the motion, O’Hara asserts that the commentary could sway potential jurors and taint the judicial process.
Chief Murad has yet to respond publicly to the motion, but the Burlington Police Department has maintained that their communications are aimed at keeping the public informed about community safety issues.
In a December 30 statement, Murad says it’s time to impose the ‘habitual offender’ status on the man who on December 27 refused to leave the UVM Medical Center and assaulted guards and patients when asked to do so.
“He has harmed huge numbers of people; he routinely endangers himself and others; and Burlington’s officers deal with him more than any other person. He has exhausted outlets of charity, treatment, or relief, and burned bridges with entities that seek to help the disadvantaged,” Murad said in a police statement.
A lightly edited version of the December police statement appears below.
‘On December 27, at about 5:56 pm, officers with the BPD were dispatched to the University of Vermont Medical Center for a report that Reynolds was refusing to leave the hospital premises and trying to assault hospital security guards and other patients at the hospital grounds. Callers reported and dispatch confirmed that Reynolds has an active notice of trespass from the hospital.
‘When officers arrived on scene, Reynolds was taken into custody for unlawful trespass. While officers searched Reynolds, dispatch advised that an additional report was just received regarding a burglary on Colchester Avenue. Further investigation revealed, just prior to this incident, Reynolds burglarized a residence on Colchester Avenue. The victim came out of his shower to find Reynolds hiding in a closet. When confronted he left. In addition to unlawful trespass, Reynolds was taken into custody for burglary. He was lodged at Northwest State Correctional Facility for lack of $1,000 bail.
‘Today, December 30, Reynolds appeared for court and was released on conditions. He has nearly 40 violations of court orders or conditions on file, and 10 failures to appear.
“‘Mr. Reynolds has half a dozen felony convictions and more than three dozen misdemeanor convictions,’ said Chief of Police Jon Murad. ‘He has more police encounters than anyone else in our records management system—more than 1,850 entries. More than 170 trespass notices have been filed against him by business proprietors, property owners, and social service providers. He has harmed huge numbers of people; he routinely endangers himself and others; and Burlington’s officers deal with him more than any other person. He has exhausted outlets of charity, treatment, or relief, and burned bridges with entities that seek to help the disadvantaged. We have an answer for this kind of violent, incorrigible, antisocial behavior: Vermont’s ‘habitual criminal’ statute. Our legislators enacted it for a reason. If Mr. Reynolds is convicted of this most recent felony, 13 V.S.A. 11 should be strongly considered.’’
The Vermont Legislature is expected to consider tightening bail and other criminal justice tools to reduce repeat appearances (and non-appearances) in court.
