State v. Breer
198 Vt. 629
Vt.2014Background
- Harley L. Breer faced multiple misdemeanor and felony charges across five dockets, including 2011–2012 counts of aggravated domestic assault, unlawful restraint, and sexual assault, plus prior felony convictions (2003) and probation-violation charges (2010).
- The State invoked enhanced-penalty provisions and the Habitual Offenders Act, exposing Breer to a possible life sentence; violation-of-probation counts also carry "no right to bail."
- The trial court held Breer without bail under 13 V.S.A. § 7553 and 28 V.S.A. § 301(4), finding the evidence of guilt "great." Breer moved for release and for bail; hearings occurred over three days in 2014 with Breer proceeding largely pro se.
- Breer sought continuances and later attempted to reinstate self-representation after counsel was appointed for the appeal; the trial court denied a late continuance request and allowed Breer to proceed pro se at the bail hearing.
- The trial court reviewed affidavits, court documents, audio recordings, and testimony, made specific findings applying the standard that evidence taken in the light most favorable to the State can fairly and reasonably show guilt beyond a reasonable doubt, and denied bail.
- Breer also alleged improper State monitoring of his prison telephone calls; the trial court addressed those issues in a separate October 2014 order and the court held that alleged monitoring did not justify pretrial release.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard for denying bail when offense carries life penalty | State: apply Turnbaugh/Blackmer standard—presumption for incarceration if State adduces substantial admissible evidence that could sustain a guilty verdict | Breer: Turnbaugh standard is incorrect; urges overruling | Court: Upholds Turnbaugh/Blackmer standard; declines to overrule |
| Whether evidence was "great" (sufficient to deny bail) | State: presented affidavits, recordings, testimony supporting findings | Breer: argued evidence not great | Court: specific findings supported that evidence, so presumption in favor of incarceration applies |
| Availability of less-restrictive alternatives / abuse of discretion | State: trial court considered statutory factors and exercised broad discretion | Breer: court should have imposed bail or conditions instead of detention | Court: no arbitrary abuse of discretion; denial of bail appropriate after considering factors |
| Effect of probation-violation charges on bail right | State: 28 V.S.A. § 301(4) removes right to bail for probation violations | Breer: challenged detention on other grounds | Court: even if bail on other charges were possible, probation violation statute independently permits detention without bail |
| Self-representation and appellate procedure/continuance | State: procedural delays occurred but three months gave Breer adequate time; self-representation not a basis for release | Breer: lack of preparation and being "out of the loop" warranted continuance and prejudiced him | Court: denied continuance; representation choice does not entitle inmate to bail |
| Alleged monitoring of prison calls as ground for release | Breer: State’s access to calls impeded his ability to prepare a pro se defense and justified release | State: issues addressed in separate order; monitoring not a ground for pretrial release | Court: telephone-access concerns do not justify pretrial release; can be raised on appeal after conviction |
Key Cases Cited
- State v. Turnbaugh, 174 Vt. 532, 811 A.2d 662 (Vt. 2002) (articulates standard for denying bail when life sentence possible)
- State v. Blackmer, 160 Vt. 451, 631 A.2d 1134 (Vt. 1993) (presumption favoring incarceration if substantial admissible evidence can sustain guilty verdict; broad trial-court discretion)
- State v. Duff, 151 Vt. 433, 563 A.2d 258 (Vt. 1989) (trial court must make specific findings that State’s evidence is legally sufficient to sustain a guilty verdict to deny bail)
- State v. Barrows, 172 Vt. 596, 776 A.2d 431 (Vt. 2001) (statute denying initial right to bail forecloses a claim that court’s decision was unreasonable)
- United States v. Salerno, 481 U.S. 739 (U.S. 1987) (due-process framework for pretrial detention and public-safety rationale)