Vermont v. Fischer

In December 2015, Vemont charged defendant Jeremy Fischer with sexual assault of a minor based on an allegation that defendant raped the complainant. Defendant testified at trial. He confirmed he was with the complainant on the evening of the alleged assault. On cross-examination, the State asked defendant, “And you mentioned that [the complainant] was trying to nuzzle with you, you were feeling uncomfortable, and that she pursued you, correct?” Defendant answered, “Correct.” The State then asked, “And you didn’t tell Detective Tallmadge any of that during your interview with him, did you?” Defendant replied, “I did not.” Defendant also confirmed that he had been convicted of providing false information to a police officer in 2016. The State’s closing arguments raised defendant’s failure to tell Detective Tallmadge that the complainant tried to pursue him. Defendant appealed his ultimate conviction, arguing the trial court violated his due process rights by allowing the State to impermissibly comment on his silence. The Vermont Supreme Court determined that under the facts of this case, commenting on defendant's omissions did not raise the concerns of fundamental fairness and due process present in the controlling caselaw, Doyle v. Ohio, 426 U.S. 610 (1976). The Court determined defendant chose to respond to each of the detective’s questions and did not refuse to answer any specific questions. In this situation, the Court concluded defendant could not claim a due process violation. As such, the Supreme Court found no errors and therefore affirmed. View "Vermont v. Fischer" on Justia Law