MONTPELIER, Vt. (WCAX) – In a split decision, an Orwell man convicted of raping a child has won a Vt. Supreme Court appeal.
Rein Kolts is currently serving a 25-year sentence after being convicted by a jury in 2017 for repeatedly sexually assaulting a young girl.
Prior to his trial, prosecutors offered the 71-year-old a plea deal that would have substantially reduced his time in prison. While his lawyer at the time told him about the deal, the High Court in a ruling on Friday said he made no effort to advise Kolts that the offer was “in his best interest.” The ruling also says the lower court erred in considering Kolts’ postconviction statements proclaiming innocence.
The justices ordered the lower court to determine whether there was a reasonable probability that the criminal trial court would have accepted the plea offer — and if so — it could order the prosecution to reoffer the plea deal.
Justices Harold Eaton and Karen Carroll dissented.
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