Rousseau faces revised murder charge
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By Thatcher Moats Times Argus Staff - Published: September 9, 2008
BARRE – A man initially charged with first-degree murder for the 2006 beating death of James Saunders is now facing an amended charge of second-degree murder for his alleged role in the slaying.
"I think that's what the evidence supports," said Washington County State's Attorney Tom Kelly of the second-degree charge against Leodor Rousseau. Kelly declined to comment further because the case is pending.
In response to the new charge, Rousseau, through his attorney Matt Harnett, filed a motion on Sept. 4 saying the charge should be dismissed because the state's information is "fatally defective," court records state.
The motion says the prosecution did not make it clear enough what Rousseau, 34, is being charged with.
"… It fails to reasonably indicate the exact cause and nature of the accusation, and the statement of the offense is uncertain," the motion states.
The defense's claim hinges on the word "or." The prosecution wrote that Rousseau "… acted with an intention to kill or to do great bodily harm or with wanton disregard for the likelihood that death or great bodily harm would result from his action …," according to court records.
Because of the lack of clarity in the charge, the defense argues, Rousseau cannot intelligently prepare a defense.
The defense requested a hearing to deal with this motion, and the next hearing for Rousseau is listed for Oct. 6.
Rousseau is also charged with kidnapping, assault and robbery stemming from the 2006 incident in which he and several others allegedly lured Saunders into a car, beat him and restrained him as they drove from Barre to Vershire, where Saunders' body was later found.
According to court documents, Rousseau — also known as "Kahoona" — orchestrated the beating.
Several people who were involved in the murder have agreed to testify against Rousseau and Joshua Darling, the two men still facing murder charges.
Aaron Bassett, 29, of New Hampshire, pleaded guilty in February to second-degree murder and kidnapping charges and was sentenced to 17 years to life. He agreed to testify against Rousseau and Darling.
Jonathon Whalley pleaded guilty to accessory after the fact and was sentenced to two to 10 years in prison. He also agreed to testify against the two men.
Three teenagers convicted in the case have agreed to testify on behalf of the state, as well.