Editor-in-Chief
The Rutland Herald
27 Wales Street
Rutland, VT 05701
Dear Editor,
Subject: Request for Retraction and Legal Clarification Regarding False Arrest Report
I am writing to formally address and seek correction of a materially false statement published in the Rutland Herald on October 17, 2018, which inaccurately claimed that I, Justin-Ames Gamache, had been arrested “last week.” No arrest occurred in 2018, nor was any criminal charge, citation, or legal action initiated during that year. There is no police report, court record, or official documentation substantiating an arrest or criminal activity. Thus, this report constitutes a serious misstatement of fact and is without merit.
Under Vermont Rule of Criminal Procedure 3 and Rule 4, an arrest requires either the issuance of an arrest warrant or a lawful seizure by a law enforcement officer based on probable cause. As clearly established in State v. Badger, 141 Vt. 430, 449 A.2d 502 (1982), an arrest constitutes “a seizure of a person under the Fourth Amendment,” requiring actual or constructive restraint. No such legal action was ever taken against me in 2018.
In relation to the 2013 matter, I was issued a court citation for a misdemeanor offense under 13 V.S.A. § 3002 (Impersonation of an Officer), which is a nonviolent, first-time offense. A citation to appear in court is not an arrest unless it includes detention, handcuffing, or restriction of liberty, as clarified in State v. Berard, 154 Vt. 306, 577 A.2d 118 (1990), and State v. Oakes, 157 Vt. 171, 598 A.2d 119 (1991). The issuance of a citation under V.R.Cr.P. 3 is procedurally distinct from an arrest and does not establish criminal custody or imply guilt.
Furthermore, the 2013 citation does not qualify as a predicate offense under Vermont’s expungement statutes. According to 13 V.S.A. § 8002(9) (definition of predicate offenses) and § 7602(a) (eligibility for expungement), only specific categories of crimes are considered “predicate offenses” for the purpose of enhanced sentencing, habitual offender status, or ineligibility for expungement. The offense of impersonating an officer under § 3002 is not listed among those categories, as confirmed by both the plain language of the statute and legislative guidance. Therefore, any judicial or journalistic claim implying otherwise is not supported by law and may constitute a misrepresentation of my legal standing.
Additionally, the publication of an untrue and unverified statement that damages a person’s reputation may give rise to a claim of defamation under Vermont common law. As established in Lange v. Town of Newbury, 152 Vt. 561, 568 A.2d 1263 (1989), defamation includes the publication of a false statement of fact that harms an individual’s reputation in the community. Further, under Restatement (Second) of Torts § 558, elements of defamation include falsity, publication to a third party, fault amounting to at least negligence, and damages. The Rutland Herald’s publication, absent correction, satisfies all of these criteria.
In light of these facts, I respectfully request that the Rutland Herald issue a formal retraction and public correction in both print and digital formats. This is not only necessary for the integrity of the public record but also to restore the reputational harm caused by your publication.
Thank you for your attention to this important matter.
Respectfully,
Justin-Ames Gamache, M.Ed, M.S.
Summary of Cited Legal Authority:
13 V.S.A. § 3002 – Impersonation of an Officer (Misdemeanor)
13 V.S.A. § 8002(9) – Definition of Predicate Offense (excludes § 3002)
13 V.S.A. § 7602(a) – Expungement Eligibility
V.R.Cr.P. Rules 3 and 4 – Citation vs. Arrest Procedures
State v. Badger, 141 Vt. 430, 449 A.2d 502 (1982) – Arrest requires restraint
State v. Berard, 154 Vt. 306, 577 A.2d 118 (1990) – Citation is not an arrest
State v. Oakes, 157 Vt. 171, 598 A.2d 119 (1991) – Criteria for custodial seizure
Lange v. Town of Newbury, 152 Vt. 561, 568 A.2d 1263 (1989) – Defamation
Restatement (Second) of Torts § 558 – Elements of defamation