Ex-Milton footballer denies attempted sex assault
A former Milton High School football quarterback pleaded not guilty to a charge of attempted sexual assault of a younger teammate as part of an alleged hazing scandal at the school.
Brandon Beliveau, 21, of Baker Lane denied the felony charge during an appearance in Vermont Superior Court on Tuesday.
Defense lawyer Tim Fair of Burlington tried unsuccessfully to get the charge thrown out for lack of probable cause. He noted there appeared to be "speculation" over what may have happened more than three years ago.
Deputy State's Attorney Bram Kranichfeld said the prosecution was relying on an 8-page affidavit filed by police outlining the investigation.
EARLIER COVERAGE
- State files sex charge in Milton football hazing
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Judge Sam Hoar, after discussing key points in the affidavit with the lawyers, ruled there was sufficient information to move forward with the felony count.
Beliveau had been fighting an initial simple assault charge filed in August following an investigation into allegations that younger members of the 2011 and 2012 football teams were subjected to sexual hazing by older players, officials said.
The amended charge of attempted sexual assault alleges Beliveau used a broomstick on a person identified in court papers as "Victim No. 4" against his will.
The victim has been identified by his family as Jordan Preavy, 17, who took his life Aug. 28, 2012 one year after the alleged incident.
Preavy's family, which spoke at a public hearing with more than 200 people at Milton High School after the arrests, has questioned what impact the abuse had on the teenager's suicide, though the police affidavit does not draw a direct link.
The Burlington Free Press normally does not identify victims of sex crimes, but his mother, Tracy Stopford, said the Preavy/Stopford family had no objection due to the public nature of the case.
The eight-page police affidavit was initially filed in the simple assault case by Detective Morgan Lawton of the Chittenden Unit for Special Investigations.
The charge stems from actions at a regular Thursday night team cookout about 10 to 15 feet from the Block House next to the football field at Milton High School where horseplay got out of hand, officials said.
Hoar agreed to continue Beliveau's release under the conditions imposed with the simple assault case.
Defense lawyer Fair also asked for 90 days to conduct his own investigation, including depositions of witnesses, about the new and more serious charge. A proposed jury draw for the simple assault charge on Feb. 6 was canceled.
Two co-defendants in the hazing case pleaded guilty last month to simple assault for an unrelated incident. They are now free to testify for the state about any information they may have in the remaining cases.
Colby Darling, 19, and Brian Lasell, 20, pleaded guilty Dec. 16 in Vermont Superior Court to simple assault on a younger teammate. The attack occurred in the basement of Lasell's home during a team dinner in fall 2012.
If Darling and Lasell follow the terms of state probation until June 16, 2016, and avoid running afoul of the law, they will have the convictions wiped off their criminal records.
Beliveau along with Ryan Carlson, 20, and William Jenkins, 19, have been fighting simple assault charges, but now Carlson is due to change his plea at 8:30 Thursday morning, court records show.
Beliveau, who graduated from Milton High in 2012, told investigators that hazing was always a part of varsity sports when he was in high school, Lawton reported in a court affidavit.
Beliveau also played hockey and golf in Milton.
The amended charge carries a possible sentence of three years to life in prison and a $250,000 fine.
Contact Mike Donoghue at 660-1845 or mdonoghue@freepressmedia.com. Follow Mike on Twitter at www.twitter.com/FreepsMikeD.