Max Misch

Max Misch appears via Webex in Bennington Superior Court for hearing on motion to revoke bail.

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BENNINGTON — The state on Monday formally requested a white nationalist be held in custody without bail or subject to a 24/7 curfew in his residence, because of a slew of accumulated charges after his arrest nearly three years ago for allegedly purchasing a high-capacity firearm magazine.

Max Misch’s defense attorney, Frederick Bragdon, meanwhile, told the court that such a request amounted to “an overreach” by the state.

Arguing in front of Bennington Superior Judge Cortland Corsones on Monday afternoon via Webex in a requested motion, Assistant Attorney General Ultan Doyle asked the judge to revoke the bail initially set in the case because Misch has “repeatedly violating conditions of release.”

Doyle said Misch’s ongoing arrests “go to the heart of the Vermont judicial system.”

Misch was charged with purchasing a high-capacity firearm magazine, which is a misdemeanor. That case went to the Vermont Supreme Court, which dismissed the appeal.

Since that time, he’s been charged with numerous other offenses, including aggravated domestic assault; a hate crime charge of disorderly conduct; obstruction of justice; and twice with violations of conditions of release.

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Bragdon argued that “any threat to the safety of the community has already been addressed by the court, your honor.”

“What the state is asking for has to directly relate to the underlying charge. Here it doesn’t. They’re trying to attach something from another case to attack the conditions already set in this case,” Bragdon said. “The conditions concerns should be with the obstruction case, not this nonviolent misdemeanor case. It is an overreach.”

Doyle countered, “There’s nothing in the language of the statute that says it has to relate to the original charge. Further, the obstruction of justice charge in itself is a threat to the judicial system’s integrity. That, coupled with the other behavior that has occurred over the last three years since that initial charge, warrants revocation.”

Bragdon called James Bastien, an assessment coordinator with the U.S. Department of Veterans Affairs, to testify that Misch has been seeking and receiving treatment for combat-associated PTSD on an ongoing basis and that he has a 70 percent disability from his service in Iraq.

“As for the evidence presented by Mr. Bastien,” Doyle stated, “the state is not unsympathetic to the defendant’s disability, but it sounds like the defendant has been engaging in services for several years, but continues to pick up these charges and, from the state’s perspective, does pose a threat to the public.”

Judge Corsones stated he would issue a written decision “as soon as possible.”


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