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Sage, 36, initially was charged with two felony counts of aggravated assault on Nokes and Machavern. Sage also was charged with misdemeanor counts of resisting arrest and unlawful trespass. It was the trespass complaint that alleged he was harassing women at the Woolen Mill apartment building gym that started the confrontation.
was only after those unsuccessful efforts that the dazed Nokes shot and wounded Sage in one of his legs, but Sage continued to battle the officers, the defense lawyers have said.
McArthur and Williams wrote in their objection to Appel's motion that Sage's deposition is essential to provide effective assistance to Nokes and to prepare for trial.
Vermont Superior New Balance 998 Greenback Court Judge Brian Grearson ruled it was appropriate for Sage to be questioned during a deposition session in advance of an upcoming criminal trial for Nokes.
"Cpl. Nokes remains on medical leave because of the injuries he sustained in the unprovoked attack while protecting the citizens of Winooski," McArthur said Monday. Donovan obtained a three count indictment against Nokes in July. Prosecutors dismissed it but filed identical charges, which Nokes denied on July 24.
A Vermont judge is allowing lawyers to question a mentally ill man whom police shot in the leg during a skirmish in Winooski last year, overruling objections from the man's attorney.
McArthur and Williams wrote that "the undisputed facts indicate that Mr. Sage attacked Officer Nokes without warning or provocation, actively resisted the lawful and repeated orders of law enforcement officers to peacefully surrender."
Appel said Monday the court has agreed to make a judge available if any of the lawyers' questions are contested during the deposition, New Balance 574 Red Reflective
Those four charges were dropped in May after a doctor's report showed Sage was mentally incompetent to stand trial, records show. Dr. Paul Cotton also determined Sage was insane at the time of the attack.
In September, an independent investigation for the city of Winooski by a retired Los Angeles deputy police chief cleared Nokes and Officer Chris Machavern of any wrongdoing in the confrontation with Sage.
Nokes, a 19 year police veteran, has denied charges of aggravated assault on Sage, reckless endangerment and providing false information to Vermont State Police investigators about the incident.
Nokes sustained multiple injuries, including a concussion and a broken nose during the assault by Sage, defense lawyers Brooks McArthur and David J. Williams have said.
Judge OKs questioning of wounded man in criminal case against police officer Nokes
Appel said he is unsure Sage can offer any help as to what happened.
The lawyer for Isaac Sage wanted to prevent attorneys for Winooski Police Cpl. Jason Nokes and New Balance Womens 574 Review
Hinesburg lawyer Robert Appel asked the judge to throw out the subpoena and sought a court order that he said would protect Sage from "emotional harm, unnecessary annoyance, embarrassment, oppression and invasion of privacy."
state prosecutors from questioning Sage about his conduct before he was wounded in April. Nokes is facing criminal charges arising from the shooting.
They added that Sage "continued to physically attack the officers and resist their lawful orders, despite being slammed against a police vehicle (leaving a dent in the vehicle) and being hit by Taser barbs deployed on two separate occasions during the struggle."
Grearson also rejected efforts by Appel to have a court hearing held in secret about the subpoena last week. In addition, the veteran judge denied Appel's request to hide his motion from the public by stamping the word "confidential" on it.
The defense attorneys noted that Sage told the state police immediately after the incident the two Winooski officers "were not real people, but dummies made up to look like real people."
"His perceptions were distorted that day, and they are still distorted," Appel said.
which is expected to be held at the courthouse shortly.
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