State v. Baker, 199 Vt. 639

Defendant Frank Baker charged with second-degree aggravated domestic assault for threatening his wife; State alleged habitual-offender status making life imprisonment possible.
Trial court held a weight-of-the-evidence hearing on whether Baker could be held without bail under 13 V.S.A. § 7553 (offense punishable by life when evidence of guilt is great).
Evidence included the wife’s prior sworn statements, her in-court testimony, the arresting officer’s affidavit, and Baker’s conviction record showing three prior felonies.
Wife’s prior statements alleged Baker threatened to smash her face with a wooden board; in-court she receded but the court could rely on prior sworn statements under the Rule 12(d) standard.
The court found the prima facie standard satisfied and, after weighing factors, concluded release posed too great a risk to the wife (citing prior violations of abuse-prevention orders, prior convictions and probation violations, threatening texts, and the volatile separation).
The court did not find flight risk significant and noted employment and residence with his mother as mitigating, but overall denied bail; the appellate panel affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether evidence "is great" under § 7553 (prima facie Rule 12(d) standard)	State: prior sworn victim statements, affidavit, and conviction record provide substantial admissible evidence to fairly convince a fact-finder beyond a reasonable doubt	Baker: (did not contest prima facie finding at appeal)	Court: Prima facie standard met; relied on prior sworn statement and other evidence; affirmed
Whether trial court abused discretion in denying bail after balancing factors under § 7553	State: risk to victim and others given threats, prior violations of orders, prior felonies, and volatile divorce justify detention	Baker: argued mitigating factors—no physical assault, victim testified she would not fear him, employment and mother’s custody, stable residence	Court: Properly weighed factors; substantial evidence supports finding detention necessary; affirmed

State v. Blackmer, 160 Vt. 451, 631 A.2d 1134 (explains switched presumption favoring detention where life sentence possible and evidence is great)
State v. Duff, 151 Vt. 433, 563 A.2d 258 (adopts Rule 12(d) prima facie standard for § 7553 determinations)
State v. Millette, 173 Vt. 596, 795 A.2d 1182 (requires viewing evidence in the light most favorable to the State and excluding modifying evidence for prima facie assessment)