BARRE, Vt. (WCAX) – A Barre man convicted of sexual assault will get a new trial after a juror told the judge that a courtroom security officer talked to her about the case during last month’s trial.
Kasey Giorgio was found guilty of sexual assault by a Barre jury on February 23rd. But on Monday, Vermont Superior Court Judge John Pacht threw out that conviction.
“It’s a complete travesty of justice,” said Sheriff Ryan Palmer with the Windsor County Sheriff’s Department. “You have a victim that is essentially being re-victimized by the system.”
On March 8th, a juror called the court concerned about comments made by court officer Cpl. Mark Belisle with the Windsor County Sheriff’s Department, which has a contract with the court to provide security. Belisle allegedly told the juror that he would likely not be picked because he would believe police officers over other witnesses and that the defendant “was incarcerated anyway.” The judge ruled that those words gave the impression the defendant was a repeat offender and therefore tainted the jury’s decision.
“It is certainly frustrating and disappointing for a case to end this way,” said Washington County State’s Attorney Michelle Donnelly. She says her office will continue to seek justice for the victim. “The state right now plans to continue to pursue these charges which could mean another jury trial or negotiating an outcome in some other way.”
Belisle is on paid administrative leave. A personnel investigation is now being conducted by the Barre City Police.
The Windsor County Sheriff’s Department is working with the Vermont Judiciary to make immediate changes if they are needed. “In this what I would call tragic situation, it’s important for me as a leader to evaluate the entirety of our processes, and our procedures and our training,” Sheriff Palmer said.
The investigation into Belisle is likely to take a couple of weeks. Palmer says the outcome of that investigation will determine the department’s next steps.