Capital punishment possible in Vermont sex-kidnap case

BURLINGTON -- Federal prosecutors have filed kidnapping charges that carry the death penalty against a Vermont man whose 12-year-old niece was found dead near his home.

Authorities accused Michael Jacques, 42, of carefully orchestrating events and e-mails to make it appear that Brooke Bennett had gone on June 25 to see someone she had met online, according to an affidavit accompanying the charges.

Citing statements from another underage girl, prosecutors claim that Jacques tricked Brooke into thinking she was going to a party and instead took her to his home to initiate her into a child sex ring.

Michael Desautels, the federal public defender representing Jacques, did not return calls Thursday morning.

E-mails quoted in an affidavit released Thursday accuse Jacques of coercing or enlisting the second girl to participate.

The girl wrote, "yes. I will help," one e-mail said.

Jacques is charged under a federal law that provides for the death penalty in a kidnapping resulting in a child's death. Jacques has 1993 convictions for kidnapping and aggravated sexual assault.

With autopsy results still pending, prosecutors said they could not say that Brooke was murdered. If she was, U.S. Attorney Tom Anderson was asked if he would seek the death penalty.

"That determination would be made after the investigation is completed, after the case is presented to a grand jury and, ultimately, that decision is made by the attorney general of the United States of America," Anderson said.

Meantime, state charges alleging that Jacques sexually assaulted a different girl over a five-year period were dropped, but could be refiled.

Vermont Attorney General William Sorrell said there is plenty of work ahead "both in terms of investigation and prosecution."

In the affidavits, authorities accused Jacques of making a MySpace posting, purportedly from Brooke, indicating that she planned a rendezvous on June 25 with someone she had met online.

He also is charged with planting evidence, including some of Brooke's clothing and a plastic bag containing semen, to make it appear someone else had abducted the girl.

Brooke, who had just finished seventh grade at Randolph Union High School, disappeared on June 25 after being seen at a convenience store with Jacques.