Oct 10, 2024
Carroll Peters, 70. Vermont State Police photoA Vermont judge has set $200,000 cash bail for a Hyde Park man charged last month with first-degree murder in the 1993 fatal shooting of his estranged wife in Morrisville, but it remains unclear if he will be able to post it and get out of prison. Judge Mary Morrissey set the bail amount for 70-year-old Carroll Peters over objections from Lamoille County State’s Attorney Aliena Gerhard, the prosecutor. Gerhard argued during a hearing Wednesday in Lamoille County Superior criminal court in Hyde Park that Peters should remain held without bail as he has been since his Sept. 19 arrest. Peters was indicted last month by a grand jury sitting in Lamoille County on a charge of first-degree murder in the 1993 death of 42-year-old Cheryl Peters, who was in the process of divorcing him at the time of the killing. After listening to arguments from both Gerhard and defense attorney Joshua Stern, Morrissey said Peters had known he was a suspect in his wife’s death for more than 30 years and never fled, but continued to reside in the area.The judge said the $200,000 bail was warranted because Peters did pose at least “some risk of flight” at this time given his age and the possibility of lengthy prison term, if convicted of the murder charge. “The court does find that a balancing of factors does not support that he be held without bail but does support that significant cash bail be put in place to ensure his appearance,” the judge said. Morrissey also ordered that if the $200,000 bail were posted, Carroll would have to abide by a 24-hour curfew at his home, with exceptions for meeting with his lawyer and medical emergencies, and he would be prohibited from possessing any firearms or alcohol.Stern, Peters’ attorney, had argued during the hearing that his client was a lifelong resident of Lamoille County and was not a risk to flee. Gerhard, the prosecutor, countered that circumstances had changed for Carroll with the grand jury last month returning the first-degree murder charge against him and that, if convicted, he faces the possibility of spending the rest of life behind bars.Gerhard also pointed out during the hearing that Peters was convicted in 2001 of two misdemeanor charges of lewd conduct with his wife in the weeks before her death. Stern, speaking in court after the judge set bail, said that he wasn’t sure his client would be able to post the $200,000.“Given his financial resources I don’t think he could post the full amount, I think it might put him in a very difficult position,” Stern said. The defense attorney added that the “most likely” next step for his client was to apply for release on home detention with electronic monitoring at his residence.Morrissey said the Vermont Department of Corrections would need to do an “investigation” on any request for home detention to determine if Peters’ residence is eligible, including whether there was adequate phone service. Peters was listed Thursday as incarcerated at the Southern State Correctional Facility in Springfield, according to the state corrections department. Read the story on VTDigger here: Judge sets $200K bail for suspect in 1993 Morrisville murder case.
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