BENNINGTON — A Bennington woman accused of a domestic assault with a deadly weapon is scheduled for the second time in three weeks to stand trial, after defense and prosecutors failed to agree on a deal.
Rebecca Sherman, 37, stands accused of two counts, aggravated domestic assault with a deadly weapon in the first degree, a felony, and simple domestic assault, a misdemeanor, in a 2021 stabbing after an argument over a child.
Sherman was initially scheduled for a jury trial that was to start this past Tuesday morning at the Bennington Superior Courthouse, but Deputy State’s Attorney Robert Plunkett informed Judge Kerry McDonald-Cary right before the 9 a.m. start time that the main witness in the case had come down with serious COVID-19 symptoms and could not attend. The jury in the case already had been picked and was awaiting the start of the trial in the jury room when the trial was put on hold.
McDonald-Cary quickly delayed the trial and scheduled an hourlong hearing for early Wednesday morning, so both sides could discuss a possible deal in the case. Her concerns stemmed from scheduling conflicts of a new trial, which could have been delayed until either November or December at the earliest, as the court docket for a trial was packed for the immediate future.
Attorneys met at that hearing Wednesday morning, but no deal was reached, so McDonald-Cary scheduled a new trial for late October, after shuffling the schedule to make room, as the case is one of the oldest currently in the Bennington justice system. A new jury will be selected on Oct. 4.
According to a court affidavit, police arrived at Sherman’s residence on South Street to Sherman allegedly cursing at another person. That person then appeared at the door with their left arm wrapped in a towel. Police observed a deep scratch on the victim’s face with blood running down their cheek. Sherman was allegedly seen crying and asking for a lawyer soon afterward.
Police recovered a folding knife at the scene.
Sherman faces a maximum of over 16 years if found guilty. She is out on conditions of release.