Vermont v. BergquistAnnotate this Case
Defendant Mark Bergquist appealed after a jury convicted him of sexually assaulting his seven-year-old daughter, A.B. On appeal, defendant raised multiple arguments challenging the trial court’s: (1) admission of A.B.’s out-of-court statements pursuant to Vermont Rule of Evidence 804a; (2) exclusion of certain evidence concerning A.B.’s mother’s state of mind and conduct; (3) ruling allowing A.B. to testify out of defendant’s presence pursuant to Vermont Rule of Evidence 807(f); (4) denial of discovery of some of A.B.’s mental-health records; and (5) admission of expert testimony that he argues improperly “vouched” for A.B.’s credibility. Finding no reversible error, the Vermont Supreme Court affirmed defendant's conviction.