A judge on Wednesday rejected a prosecutor’s request to further delay the trial of the 45-year-old man charged with the 2022 killing of Fern Feather, a transgender woman from Hinesburg. The trial is set to begin in October.
Lamoille County State’s Attorney Aliena Gerhard asked Judge Mary Morrissey to push the trial out because one of the state’s witnesses wasn’t available during the trial dates. There were other issues that came up during Wednesday morning’s hearing as well, including evidence that needed to be disclosed to the defense, and depositions of two forensic experts — one hired by the defense, and one hired by prosecutors.
But Morrissey determined that those issues weren’t substantial enough to warrant further delays in the case, which has been pending for more than two years.
“Barring some new information coming up that would prevent the case from going forward, I'm going to keep the case on track for October,” Morrissey said during Wednesday's hearing.
Feather, who grew up in Albany, Vermont, loved plants and animals. Friends say Feather sought to create spaces that were alive, beautiful and safe.
“Fern was one of the most brilliant, colorful, loving, special, super special people that you would ever meet,” Nina Shoenthal told Vermont Public in 2022. “The kind of person that everyone loved. Everyone wanted to be close with.”
According to a police affidavit, Feather, 29, had picked up Seth Brunell hitchhiking in April 2022 and the two spent a few days together. Around 10:20 a.m. on April 12, 2022, Morristown police responded to a call about a man standing next to a body at an intersection in town. Police found Brunell standing near Feather’s body on the ground. Feather had been stabbed in the chest, police say.
Brunell, according to the affidavit, told police that Feather attacked him after he rejected a sexual advance. “I was just protecting myself,” Brunell allegedly told the officers.
Police said they did not see any signs that Brunell had been attacked, according to court records.
Brunell was charged with second-degree murder, and faces a life sentence if he's convicted. He’s been held without bail in prison since his arrest in 2022.
Feather’s killing drew condemnations from state officials, including Gov. Phil Scott, and spurred calls for Brunell to be charged with a hate crime.
Vermont’s hate crime law is an “enhancement," which can be added to a charge if the defendant’s actions are motivated by bias towards a protected class. The enhancement increases the criminal penalties a defendant faces.
Gerhard, the Lamoille County state’s attorney, said in an interview Wednesday that her office did not have enough evidence to determine whether Brunell’s alleged actions were motivated by bias.
“It’s a high burden,” Gerhard said.
Last year, a review of recent hate crime cases by Vermont Public found that all the incidents involved a person who used racial, ethnic or homophobic slurs during the alleged crime. Law enforcement officials have said those statements are crucial in hate crime charges because they offer a window into the defendant’s motivation.
Brunell’s five-day trial is slated to begin in mid-October. Jury draw is set for Oct. 14 with the trial starting the following day at the Lamoille County criminal court in Hyde Park.
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