State's Attorney: No Charges Filed Against Sen. Ed Flanagan | News | Seven Days | Vermont's Independent Voice

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State's Attorney: No Charges Filed Against Sen. Ed Flanagan


Published November 5, 2009 at 5:04 p.m.

No criminal charges will be filed against Democratic State Sen. Ed Flanagan, who this summer was caught allegedly masturbating inside a private men's locker room at the Greater Burlington YMCA.

Acting Addison County State's Attorney Chris Perkett told Seven Days this afternoon that he would not file charges against the two-term Democratic state senator.

Flanagan did not immediately respond to phone calls seeking comment about the case's dismissal.

While he felt confident he could prove that Flanagan masturbated in front of Y patrons, Perkett said he did not believe he had the evidence to prove "beyond a reasonable doubt" that Flanagan acted intentionally.

"I felt there was sufficient evidence to conclude that the act wascommitted as the eyewitnesses described it," said Perkett.

Two separate witnesses told the Chittenden Unit for SpecialInvestigation that they saw Flanagan masturbating outside theshowers inside the Men's Wellness Center, an adults-only fitness areawithin the YMCA.

However, to file a charge of lewd and lascivious conduct, Perkett also needed to prove Flanagan intended to commit the act.

"Based on the evidence, I could not prove Sen. Flanagan had the requisite mental state necessary to conduct the act intentionally," Perkett noted.