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Missing girl's stepfather charged with obstruction of justice

Searchers, police continue intensive hunt for 12-year-old Brooke Bennett



Stefan Hard/Times Argus

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By Peter Hirschfeld VERMONT PRESS BUREAU - Published: July 2, 2008

RANDOLPH - The former stepfather of a missing 12-year-old Braintree girl was arrested Monday night for allegedly destroying evidence related to the case.

Ray Gagnon, 40, of San Antonio, Texas, was initially taken into custody on state charges that he sexually assaulted a minor in the Royalton area in 2007. However by noontime Tuesday, prosecutors opted instead to file federal obstruction of justice charges in U.S. District Court in Burlington. Gagnon is scheduled to be arraigned Wednesday.

"The investigation into Mr. Gagnon is a byproduct of our investigation into the disappearance of Brooke Bennett," said Col. James W. Baker, director of the Vermont State Police. "As a result of interviewing people it came to our attention that he was involved in an act that's a violation of the law."

Gagnon was the second man arrested in a six-day investigation that includes more than 50 state and federal law-enforcement officers. On Sunday night, police announced the arrest of Michael Stephen Jacques on a charge of sexual assault against a minor in an unrelated case.

Jacques, 42, of Randolph Center, is Bennett's uncle and the last person known to have seen her. Police intimated in court papers that Jacques' sex crime was part of an Internet ring used to lure underage girls into sex. When asked Tuesday whether Gagnon, formerly a Vermont resident, was a member of that ring, Baker declined to say if such a ring even exists.

"We're not prepared to say if there is a ring, if there's not a ring," Baker said during a press conference Tuesday afternoon at Whitcomb High School in Bethel. "At this time we're still researching evidence and analyzing evidence and we're not in a position to say that one way or the other right now."

The police investigation focused Tuesday on Jacques' Ridge Road home in Randolph Center, where troopers again led canines around the property. Asked whether police were closer Tuesday to finding Bennett than they were the day before, Baker said the search efforts have yielded valuable evidence.

"I believe we are making great progress," Baker said. "We are eliminating possibilities as to where she may be. I just don't want to be in the business of predicting how close we are."

Baker would not say what kind of evidence the search had uncovered, nor would he disclose the nature of evidence that Gagnon allegedly destroyed. He did say that the evidence was related to the missing-person investigation.

"It's absolutely critical that we don't comment on evidence," Baker said. "We are at a very crucial stage in this investigation. For us to comment on evidence is going to jeopardize our ability to close this case out."

Police said they located Gagnon in Vermont, and that he was not transported by authorities from his home state of Texas. Brooke Bennett's father, James Bennett, identified Gagnon Tuesday as the former stepfather of his daughter. Gagnon was married to Brooke Bennett's mother, Cassandra Gagnon. They separated about four years ago, according to Bennett.

Police said the sexual assault charges initially brought against Gagnon were related to an incident that occurred in the summer of 2007. Baker said that charge may still be filed sometime in the future.

"This case is still sitting out there and prosecutors are working out those details right now," Baker said.

Police would not say Monday whether Brooke Bennett had been a victim of the so-called "Breckenridge program" allegedly used by Jacques to coerce his young victim into having sex. In an interview with police, the victim, who was nine when the alleged assaults first began, said she had been "enrolled" in the program with three other girls.

Baker said Tuesday that no other victims had come forward but said authorities were working with the Department of Children and Families.

"I was in a conversation today with DCF and made plans to deal with that if any other victims come forward," Baker said.

Investigators spent much of Tuesday searching in and around Jacques' home. Three investigators spotted in a pasture behind Jacques' residence followed a tree line before doubling back toward his two-story house.

At approximately 2 p.m., a half-dozen units from New England K-9 Search and Rescue departed the Jacques property. Three drove to Sunset Lake in Brookfield, where police had focused their search over the weekend.

Handlers walked the dogs - trained to detect human remains, according to one handler - back and forth along the Floating Bridge. Anglers watched from their perches on the bridge; three swimmers did laps around the lake in the distance.

Baker said state police have executed about 25 physical and electronic search warrants over the course of the investigation.

Jacques, still being held for lack of $250,000 bail, has a history of sexual violence in Orange County, where he was convicted of aggravated sexual assault and kidnapping in July of 1993. He was sentenced to six to 20 years in prison for those crimes and now appears on the Vermont Sex Offender Registry.

Baker would not disclose Monday what role Internet social networking played in the Breckenridge program or in Bennett's disappearance. He did say, however, that police zeroed in on Jacques after combing through computer evidence.

"Late Saturday and into early Sunday morning, information was developed as a result of forensic examination of computers that helped us change the direction of the investigation," Baker said.

Brooke Bennett was last seen Wednesday morning outside the Cumberland Farms in Randolph. According to police, Jacques dropped her off there after she said she wanted to meet a friend and go visit the friend's sick relative at a hospital.

Police have since raised doubts that such a rendezvous was planned and have been focusing their investigation on contacts the girl is believed to have made through the MySpace social networking Web site.

Police would not say Monday whether Jacques was the source of that story.

The investigation initially centered in Brookfield, where items of clothing belonging to Brooke Bennett were found near the side of Route 65 Thursday. Police confirmed Monday that it was Jacques who discovered the clothes.

The Randolph community will stage a candlelight vigil at the Gazebo on Main Street in Randolph Wednesday night at 8 p.m. Baker said members of the Vermont State Police will attend the event.

"Our efforts right now, our unfettered efforts, are to locate Brooke and bring her home to her family," Baker said.








READER COMMENTS


Christina as a mandated reporter myself, I am fully aware of the state definition of abuse and neglect. I was not saying that is the only punishment the parents will receive or the only punishment that they should receive.

The point I was trying to make was for some ungodly reason I ever lost every bit of brain I have in my head and allowed my children around a sex offender and it had a negative result from it then the punishment of having to live with myself would be much worse than any punishment that state could hand out.

I personally feel that Michael and Ray should be put out in a field and let the community stone them to death. They have commited a crime so horible that this community may never heal.

Also everyone is "bashing" Brooke's parents...what about Denise Jacques? If you read the affidavit you will see that she knew what was going on years ago with the victim that came forward, she chose to look the other way when will she be held responsible for her neglect?
-- Posted by tw31 on Wed, Jul 2, 2008, 1:48 pm EST

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tw31: "the fact that they allowed her around him for the rest of their lives I think that is punishment enough."

I disagree and I bet DCF will too, if she is found alive. Allowing your child around a known sex offender, as her father admitted, is not appropriate. That family will probably have a date in family court if any minor children are in the home and were allowed to have unescorted visits with the uncle.

State's definition of abuse and neglect of a child:
http://www.dcf.state.vt.us/fsd/reporting_child_abuse/child_abuse_neglect
-- Posted by Christina Colombe on Wed, Jul 2, 2008, 11:47 am EST

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the stupidity here is the mother letting this scum bag near her kid . anybody that hurts children needs to be told I see you with in a mile of my kid I will hurt you so bad it not funny that way they will stay a way not give a pass to your sister husband.
-- Posted by Tom free on Wed, Jul 2, 2008, 11:10 am EST

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Tom not to defend this piece of scum Michael but he is not a convicted CHILD molster. He was convicted of sexual assault the girl he assaulted was in here early twenties.

And Brookes PARENTS both Mom and Dad will have to live with the fact that they allowed her around him for the rest of their lives I think that is punishment enough.
-- Posted by tw31 on Wed, Jul 2, 2008, 8:50 am EST

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Obviously, much like having internet and computer access, parenting is something anyone can do. For now, please keep your stupidity to yourself, this is neither the time nor the place for a pulpit.
-- Posted by Jim Richards on Wed, Jul 2, 2008, 8:36 am EST

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Looking for Brooke
Brook Bennett was last seen at 9 a.m. on June 25 at a Cumberland Farms in Randolph. At 9 p.m. that night her grandmother reported her missing to the State Police barracks in Rockingham. An Amber Alert, a national all-points bulletin for a missing child was issued June 26. Bennett is described as 5 feet, 3 inches tall, and weighing 98 pounds. she has brown hair and blue eyes and she was last seen wearing a pink sweater, blue jeans and a pair of white sneakers with pink lettering. Her hair has purple streaks and both of her ears are pierced on the top and bottom. Anyone with information is urged to call State Police at 234-9933.