Coach's plea in 2006 sex assault case vacated
A former circus coach who pleaded guilty in 2007 to sex assault on a minor will have the chance to redo his case, according to court papers.
Judge James Crucitti ruled Vladimir Avgoustov, a Russian native, had not been properly notified nine years ago of possible citizenship consequences when accepting a plea agreement.
Avgoustov, 65, of Winooski is once again charged with performing a sex act in 2006 on a 7-year-old girl, who was a student at a summer camp connected with the now-defunct Vermont School of Circus Arts. Avgoustov had been serving the court-ordered minimum 10-year prison sentence when Crucitti ruled in December that Avgoustov could withdraw his plea.
Any time a defendant strikes a plea deal with the state, that person must be notified of potential deportation or citizenship consequences. In Avgoustov's case, he was told by a judge that "this conviction may lead to your deportation," according to Crucitti's December order.
Court papers also pointed out that Avgoustov was communicating through a translator during plea change proceedings.
State prosecutors argued that the judge's explanation was sufficient to warn Avgoustov of potential citizenship consequences.
Crucitti ultimately disagreed with the state. To comply with the law, a judge must specifically address both citizenship and deportation consequences, Crucitti said.
Addressing both issues also corresponds with immigration law, "under which deportation and denial of citizenship are two very different outcomes," he said.
Chittenden County Deputy State's Attorney Bram Kranichfeld declined last week to comment on the judge's decision.
"We intend to prosecute Mr. Avgoustov to the fullest extent of the law," Kranichfeld said.
The judge's decision means that Avgoustov is again presumed innocent, and the case is working its way toward a potential trial. Avgoustov's new lawyer Peggy Jansch said it is too early to tell whether the 10-year-old case will make it to trial before a jury.
"In general, the older the case, the staler the evidence becomes," Jansch said, adding that this presents challenges for both sides. "That involves, primarily, the unavailability of witnesses who may have been available at the time originally ... and not only whether or not they're available, but what their memories may be."
The next hearing in Avgoustov's case is Friday. It is unclear whether he will be present.
Avgoustov is being jailed without bail as his case pends. An online Vermont offender locator database shows he is being jailed at the Southern State Correctional Facility in Springfield.
Contact Elizabeth Murray at 651-4835 or emurray@freepressmedia.com. Follow her on Twitter at www.twitter.com/LizMurraySMC.