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

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 was committed as the eyewitnesses described it," said Perkett.

Two separate witnesses told the Chittenden Unit for Special Investigation that they saw Flanagan masturbating outside the showers inside the Men's Wellness Center, an adults-only fitness area within 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.

Perkett said he completed the review last week, but wanted to re-examine the files one last time this week before making a final decision.

The case was originally filed with Chittenden County State's Attorney T.J. Donovan. But he recused himself because, like Flanagan, he is thinking of running for lieutenant governor.

Flanagan launched his campaign for lieutenant governor after the end of the legislative session. But that was before allegations surfaced that he had been caught masturbating in view of other men inside the private wellness center at the Greater Burlington YMCA.

Y officials did not disclose the result of their investigation into the matter, but the complainant later filed a complaint with the Burlington Police Department. That complaint was turned over to the Chittenden Unit for Special Investigation.

Flanagan denied the allegations, but apologized if his behavior "offended anyone."

Comments

[CrazyEddie?]

It's fine that they're not pressing charges. Clearly, Ed does have all his capacities anymore.

However, if he's not fit to be tried for beating off in the locker room, he's not fit to be an elected official in Vermont. You can't have it both ways.

Ed, please do the graceful thing and step aside. You're not going to be Vermont next Lt Guv and you shouldn't be in the Senate either.

[Supersally]

I find it irresponsible that Seven Days would proclaim in an article that he is guilty of the masturbating without supporting evidence.

[webber]

Supersally, first, where in this article does Seven Days proclaim that Flanagan is "guilty" of masturbating?

Second, what do you mean by "without supporting evidence"? There are two eyewitnesses to the masturbating and, as you can read above, the State's Attorney concluded that Flanagan did masturbate in public. His only concern was that he couldn't prove beyond a reasonable doubt that Flanagan did it on purpose.

Please read carefully.

[verplanck colvin]

accidental masturbation? How is it NOT 'on purpose'?

[David Zuckerman]

The fact that he has TBI (Traumatic Brain Injury) might just be an explanation.

It is important for folks to remember that those with TBI, or with mental illness need support, treatment, family and friends, not courts and punishment.

What happened is not appropriate, but that does not mean he needs to be prosecuted.

[Sean]

Ok, but when does a person with mental illness that leads to unnaceptable behavior deserve to be prosecuted? When an acknowledged alcoholic gets drunk and gets behind the wheel and slams his car into a tree? When a returning military person with PTSD robs a bank? Both of these people had a "mental illness." Even when there is a possible "mental illness" explanation for unacceptable behavior, there are times when you prosecute anyway. You don't always get a free pass because you've got a "mental illness." Especially when you don't even really know if the mental illness is the explanation for the behavior. I don't think Flanagan should go to jail for masturbating in the locker room at the Y, but some people seem to be willing to say that this issue shouldn't even have been brought to light at all because Flanagan is "mentally ill."

And yet some of the very same people think it's great that he's serving in the Vt. State Senate.

Huh?

You can't have it both ways. I agree: he is mentally ill. He's not qualified to be serving in the State Senate.

It's fair to draw the conclusion that there are partisan politics that are influencing people's views on the "appropriateness" of whether this incident should have been investigated.

And that's just sad.

[David Zuckerman]

You have gone much farther than my post indicates with respect to my views on the matter.

The question I was answering was "how is that not on purpose?"

Your scenario's bring up further complicated questions that are for prosecutors and courts to decide, but that was not the situation here. I think the prosecutor decided accurately. As for serving...that is up to the voters to decide (if he chooses to run again). People have a right to run and voters have a right to vote for, or against, or not at all based on their own individual beliefs whether one agree's with them or not.

Some vote for folks because they are the cult of personality in the moment. Others vote for someone due to their name (I know incredibly vocal pro-choice folks that voted for LG Dubie because of his name). While that (his name) was not my criteria...it is not my place to judge that persons vote. There is no requirement in the constitution that demands only folks with political thoughts should be allowed to vote. Nor are there any requirements that someone can or can not be on the ballot.

In any case. My point was to the question of intent.

[sean]

If you're incapable of knowing that you're masturbating in public, you're not competent to be in the Legislature.

Period.