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United States Will Seek Death Penalty for Jacques

U.S. Attorney's Office August 25, 2009
  • District of Vermont (802) 951-6725

The United States Attorney announced today that the United States will seek the death penalty for Michael Jacques, 43, of Randolph, Vermont, if he is convicted of kidnapping resulting in the death of Brooke Bennett, as alleged in Count 1 of the October, 2008 federal Indictment.

Today the United States filed a “Notice of Intent to Seek a Sentence of Death” in the Jacques case, stating that the Government believes that the circumstances of the offense are such that, if Jacques is convicted of kidnapping resulting in Brooke Bennett’s death as charged, a sentence of death is justified under the Federal Death Penalty Act, and that the Government will seek a sentence of death.

In October, 2008, a Federal Grand Jury sitting in Rutland handed up a six-count Indictment charging Jacques with the kidnapping of Brooke Bennett, age 12, which resulted in her death. The Indictment also charged Jacques with the production and possession of child pornography. The Grand Jury also issued a “Notice of Special Findings,” making Jacques eligible for a sentence of death if convicted of the kidnapping charge. Jacques is detained in the custody of the United States Marshals Service.

According to the Indictment, in 2003, Jacques intimidated, deceived and persuaded a then nine-year-old girl into believing that a powerful organization named “Breckenridge” would harm or kill her and her family if she did not engage in sex acts with Jacques. The indictment further alleges that between 2003 and 2008, Jacques sent numerous emails and text messages from fictitious characters (such as Eric and Charles) supposedly associated with Breckenridge to this juvenile. As a result, Jacques succeeded in causing this juvenile to submit to ongoing Breckenridge directives, including allowing Jacques to videotape himself having sex with the juvenile. The Indictment further alleges Jacques drugged the child before sexually assaulting her.

According to the Indictment, Jacques also convinced the juvenile that Breckenridge sometimes “terminated” girls in the program and that the juvenile might have to assist in the planning of such a termination (but not participate in the actual termination). In early 2008, Jacques sent the juvenile a series of emails purportedly from Breckenridge operatives telling the juvenile that Brooke Bennett had been designated for termination because she was causing significant problems for the juvenile’s father, resulting in him becoming suicidal. The Indictment further alleges that in May and June 2008, Jacques sent numerous emails to the juvenile, purportedly from Breckenridge operatives, stating that she was expected to assist Jacques in abducting Brooke Bennett and turning her over to Breckenridge operatives.

The Indictment further alleges that on June 24, 2008, Jacques lured Brooke Bennett to his residence, with the assistance of the juvenile, by leading Brooke Bennett to believe that she would be a guest at a pool party there the following day. On June 25, 2008, Jacques drove Brooke Bennett to the Cumberland Farms convenience store in Randolph, Vermont, and left her there to create the pretense that he was ending his contact with her. The Indictment also alleges that shortly after leaving Brooke Bennett at the store, Jacques picked her up not far from the store and brought her back to his house. Once at his house, Jacques instructed the juvenile to leave. The Indictment goes on to allege that Jacques then drugged, sexually assaulted, and murdered Brooke Bennett.

The Vermont Medical Examiner determined that Brooke Bennett’s death was caused by strangulation and smothering due to a plastic bag over her head and around her neck.

In its Notice of Special Findings with respect to the kidnapping charge, the Grand Jury alleges, among other things, that Jacques (1) intentionally killed Brooke Bennett, (2) intentionally inflicted serious bodily injury that resulted in the death of Brooke Bennett, (3) committed the offense in an especially heinous, cruel, or depraved manner, (4) committed the offense after substantial planning and premeditation to cause the death of Brooke Bennett, and (5) committed the offense against a victim that was particularly vulnerable due to youth or infirmity.

Under federal law, the Attorney General of the United States makes the decision whether the United States will seek the death penalty in an eligible case after a thorough review of the facts and law. In a letter dated August 14, 2009, the Attorney General notified the Office of the United States Attorney for the District of Vermont that the United States would seek the death penalty in the Jacques case. In the “Notice” filed today, the United States repeated the Special Findings alleged in the Indictment, and added a series of “Non-Statutory Aggravating Factors” as the basis for the imposition of the death penalty. The Notice alleges 17 additional aggravating factors.

The United States Attorney cautioned that an indictment is only a method of bringing charges and is not proof of guilt. A defendant is presumed innocent until proven guilty in court.

The case was investigated by the Federal Bureau of Investigation, the Vermont State Police, and the Vermont Internet Crimes Against Children Task Force. Jacques is represented by Federal Public Defender Michael L. Desautels and Montclair, New Jersey attorneys David A. Ruhnke and Jean D. Barrett.

The United States Attorney will have no further comment on today’s Notice.

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