The Vermont Supreme Court has upheld a lower court's decision to deny bail for James Demore, who faces serious charges including aggravated sexual assault of a child. This ruling, issued on September 24, 2026, affects Demore directly as he remains in custody while awaiting trial. The court's decision emphasizes the importance of public safety and the weight of evidence against him.
The case began when the State of Vermont charged Demore with multiple offenses, including aggravated sexual assault of a child under sixteen, which is a life offense under Vermont law. The charges stemmed from allegations that he repeatedly sexually assaulted his step-granddaughter. In addition to the aggravated assault charge, he faces charges of lewd and lascivious conduct and two misdemeanor offenses. The trial court held hearings to evaluate the evidence against him and ultimately decided to hold him without bail, leading to his appeal.
Demore's appeal was based on the trial court's order, which was issued after a weight-of-the-evidence hearing held over two days in July and August 2026. The court found that the evidence of Demore's guilt was substantial enough to warrant the no-bail decision. The trial court considered various factors, including the nature of the offenses, the evidence presented, and Demore's mental state, before concluding that releasing him could pose a risk to public safety.
The Vermont Supreme Court reviewed the trial court's decision under an abuse of discretion standard. The court noted that a defendant may be held without bail if charged with a life offense and if the evidence against them is strong. The court stated, "When the need for conditions is viewed in light of the possible punishment of life imprisonment, it is entirely appropriate for the court to deny bail unless it is fully convinced that the defendant will abide by the conditions that would be imposed if defendant were released."
In its ruling, the Supreme Court affirmed the trial court's decision, stating that the lower court had appropriately considered the relevant factors outlined in Vermont law. The court highlighted that Demore's apparent unstable mental state and his association with individuals involved in drug use raised significant concerns about his potential behavior if released. Additionally, the court noted that Demore had previously violated a no-contact order with his daughter, further justifying the trial court's decision.
Demore's appeal did not contest the conclusion that the evidence against him was strong; instead, he argued that the trial court abused its discretion by not allowing him to be placed on home detention under the supervision of his wife. However, the Supreme Court found that the trial court had sufficiently considered all relevant evidence and had not abused its discretion in denying bail.
The ruling is significant as it reinforces the presumption against release for defendants charged with serious offenses, particularly when the evidence of guilt is substantial. This decision may impact future cases involving similar charges, as it sets a precedent that emphasizes public safety and the seriousness of the allegations against defendants.
Moving forward, Demore remains in custody as he awaits trial on the charges against him. The ruling does not prevent him from pursuing further legal avenues, including potential appeals in the future. However, for now, the Vermont Supreme Court's decision stands, affirming the trial court's no-bail order and highlighting the importance of ensuring public safety in cases involving serious criminal allegations.