Bennett's disappearance sparked Vermont's first-ever Amber Alert last week. Flyers notifying the Dartmouth community about Bennett's disappearance were posted throughout campus.
Both of the defendants' lawyers did not oppose detention, Jeff Eaton, chief deputy at the U.S. District Court in Burlington, told The Dartmouth on Monday. A probable cause hearing in the case against Jacques has been scheduled for July 17.
At Monday's hearing, Assistant U.S. Attorney Craig Nolan labeled Bennett's death a homicide, the Associated Press reported. Eaton said he could not comment on the possibility of further charges against Jacques or the potential of the death penalty. The Dartmouth was unable to reach the Vermont U.S. Attorney's Office or the Vermont Attorney General for comment on Monday.
Vermont has not carried out a death sentence in 54 years, according to the AP.
Calls to the office of Michael Desautels, Jacques' public defender, were not returned by press time.
Gagnon, who previously had a house in Alabama, was charged with child pornography by Alabama officials during his appearance in federal court on Monday, according to the AP. Vermont State Police originally apprehended Gagnon on July 1 for aggravated sexual assault in connection with Jacques' arrest.
Bennett was reported missing on June 25 after Jaques and a 14-year-old female dropped her off at a Randolph, Vt. Cumberland Farms convenience store. Bennett's body was discovered on July 2 in what police reports referred to as "recently disturbed" ground near Jacques' Randolph, Vt. property. Bennett's autopsy results, which will be announced by the Vermont U.S. Attorney's office, will not be available for four to eight weeks, Tara Thomas, public information officer for the Vermont State Police, told The Dartmouth.
Jacques originally told police that Bennett went to the store to meet a friend, with whom she was to travel to Dartmouth-Hitchcock Medical Center, affidavits report. Surveillance videos from the store, however, show Bennett leaving alone. The 14-year-old later told police that she and Jacques subsequently retrieved Bennett, who was told she would be going to a party. The 14-year-old further told police that she believed that Bennett was to be initiated that day into a program called "Breckenridge," which involved having sex with adult males.
The 14-year-old said she had been involved in "Breckenridge" since age 9, when she received a note and a phone call informing her that she had been chosen for the program, affidavits report. The girl also told police that the communications indicated Jacques would be her "trainer" and that she had sex with Jacques and others through the program. The girl last saw Bennett going upstairs with Jacques in his house on June 25 before the 14-year-old left the residence, she said.
Jacques, a registered sex offender in Vermont, was convicted in 1993 for the kidnapping and aggravated sexual assault of an 18-year-old female.
Affidavits released last week also indicate that police believe information displayed on Bennett's MySpace.com account had been falsified through Jacques' computer. The changes seem to have been designed to make it appear as though Bennett planned to meet someone with the username "Skittlemeup," whom she had met on the social networking site, at Cumberland Farms.
The affidavits further indicate that a sneaker and other items that Vermont State police recovered on June 26 in Brookfield, Vt. following a tip from Jacques were planted by those involved in planning the staged disappearance.
Bennett's case has caused Lt. Gov. Brian Dubie, R-Vt., to call for a review of the Vermont criminal justice system. Dubie told The Dartmouth that such a review should be "comprehensive" and could include the institution of a version of "Jessica's Law," which sets a 25-year minimum sentence for convicted child sex offenders. Dubie emphasized that Vermont's version of the law would reflect concerns levied by Vermont Attorney General William Sorrell that the change might hinder the prosecution of cases in which evidence is more limited.
"The [Vermont] Attorney General and I are both agreed that the time is now for a comprehensive review, and what I'm asking for is that all options be on the table," Dubie said.
Dubie is also calling for the consideration of civil confinement, a measure proposed by Gov. Jim Douglas, R-Vt., and rejected during the state's last legislative session. Civil confinement would prohibit the release of sex offenders who do not complete sex offender treatment. He is also recommending the institution of a more "user-friendly" sex offender registry within the state.
"A family has just experienced a terrible tragedy in our state," he said. "From my initial understanding of the situation, there have been multiple breakdowns in our criminal justice system and what Vermonters should expect in terms of public safety."
The Dartmouth was unable to reach Bennett's father on Monday. Bennett's mother, Cassandra Gagnon, declined to comment.
