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VT Court Says Prosecutor's Appointment Is OK

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The Vermont Supreme Court has rejected a defense lawyer's bid to get some cases thrown out on the grounds that the prosecutor was not properly elected.

St. Johnsbury lawyer David Sleigh asked for dismissal of kidnapping and domestic assault charges against 43-year-old George Cuomo of East Charleston on the basis that Orleans County State's Attorney Alan Franklin had been appointed by the governor rather than elected.

County state's attorneys usually are elected in Vermont, but Franklin was appointed by Governor Peter Shumlin after Shumlin appointed his predecessor, Keith Flynn to serve as Vermont's public safety commissioner.

In a ruling issued Friday, the Vermont Supreme Court ruled essentially that the appointment process was OK, and that cases handled by Franklin could stand.

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