Jessica’s Law: Brooke Bennett’s legacy? 
By Jim Black

"Never again. We must pledge ourselves to that future. Never again." These were the words of Tom Harty, Pastor at Brooke Bennett’s funeral on July 9, 2008 in Randolph. The abduction and death of 12-year-old Brooke Bennett and revelations about her accused kidnapper’s history of violent sexual abuse beginning in the 1980s, has led to renewed calls for passage of Jessica's Law in Vermont.

Lt. Governor Brian Dubie said, "I know that Vermonters everywhere feel as I do-- that action is required now to protect our state’s children from violent predators like those who brought Brooke Bennett’s young life to such a tragic end."

Dubie continued, "I am calling upon Vermonters to unify in memory of Brooke Bennett, and make their voices heard in Montpelier." Dubie went on to call for the Vermont State Legislature to adopt Jessica’s law. He also called for civil confinement.

Jessica’s Law was enacted in Florida after the brutal kidnap, rape and murder of 9-year-old Jessica Lundsford. Held for three days, she was repeatedly raped and finally buried alive. This law requires a mandatory 25-year prison sentence and lifetime electronic monitoring. It applies to adults convicted of lewd or lascivious acts against a victim under the age of 12. Florida (the first state to enact the law) requires the death penalty or life in prison without parole for rape or sexual battery of a child under 12. Federal legislation, the Jessica Lundsford Act, has been proposed which would require sex offenders to wear a Global Positioning ankle bracelet for 5 years after their release from prison.

Opponents of Jessica’s Law argue that it would clog the courts and reduce the ability of prosecutors to plea bargain. Currently, offenders can plea bargain for reduced sentences. Another concern is the additional cost of imprisonment. Because Jessica’s Law would keep offenders in prison for a minimum of 25 years, there would be a higher cost to society. There is also concern that a lengthy prison sentence will harden the perpetrator, reducing the chances for successful rehabilitation. Early release from prison and probation was granted to the primary suspect in Bennett’s murder.

The primary suspect in Brooke Bennett’s kidnapping and murder has a history of sex offences. In 1985 Michael Jacques was charged with lewd and lascivious conduct with a minor relative over a three year period. The relative became pregnant and had an abortion. Eventually, the case was dismissed. In 1993, Jacques was convicted of kidnapping and aggravated sexual assault. He abducted an 18-year-old woman, handcuffed her and forced her into a series of sex acts. He told the woman he had killed an Arizona girl for going to the police and brandished a kitchen knife. For these crimes, he was sentenced to 6 to 20 years in prison (all but 6 years suspended). While in prison he completed a sex offender program. He was released on probation after serving four years for accumulating "good time," a bonus system that has since been eliminated. He was released from probation in 2006, seven years early. This was at a time when the Corrections Department was under pressure to reduce its costs. Once released, Jacques began abusing a 9-year-old girl. Vermont’s Attorney General filed and then dropped aggravated assault charges against Jacques for the assault.

Jessica’s Law is based on a simple message, "if you do the crime, you will serve the time." As citizens of Vermont, each of us must decide how we will join Pastor Hardy in pledging "never again." That is why I support Jessica like legislation and urge you to call your legislators for an immediate special session that could save our children’s lives.

Jim Black for Senate
2392 Stowe Hollow Rd.
Stowe, VT. 05672
phone (802) 253 - 2083
cell (802) 324 – 8499
Jim@JimBlackforSenate.com