State v. Benoit

Defendant appeals his conviction for lewd and lascivious behavior in violation of 13 V.S.A. § 2601. He claims that (1) there was no evidence that his actions were “open,” as required by § 2601, (2) the state police prejudiced him by destroying notes of witness interviews, and (3) the trial court improperly instructed the jury to “seek the truth.” We affirm.

Testimony at trial showed that two girls, B.H., age 11, and D.P., age 13, were swimming at a swimming hole near their homes- while defendant sunned himself nearby. The girls went for a ride in defendant’s van and drank alcoholic beverages…