Prosecutors seek more time on slain girl case

By JOHN CURRAN
The Associated Press
   MONTPELIER, Vt. - Citing complex and interrelated investigations, a prosecutor asked Wednesday for more time to gather evidence against two men charged in the case of 12-year-old Brooke Bennett, who was abducted and later found slain.
   A day before a scheduled probable cause hearing for Raymond Gagnon, Assistant U.S. Attorney Craig Nolan filed companion motions asking U.S. Magistrate Jerome Niedermeier for two more months to investigate the actions of Gagnon and kidnapping suspect Michael Jacques.
   Jacques, 42, the girl's uncle, is charged with kidnapping the Braintree seventh grader, whose body was found in shallow grave July 2, a week after she went missing in Randolph. The cause of death hasn't been released.
   Gagnon, 40, her former stepfather, is charged with obstruction of justice. Prosecutors say he had someone throw out his laptop computer while authorities were searching for the girl. His probable cause hearing, which had been set for Thursday in U.S. District Court in Burlington, was postponed. No new date was set.
   Under the federal Speedy Trial Act, prosecutors have 30 days from the date of a suspect's arrest to obtain an indictment.
   Gagnon was arrested July 1. Jacques was charged July 7.
   ``The investigation involves the collection of significant amounts of tangible and electronic evidence in multiple jurisdictions and the forensic analysis of such evidence,'' Nolan wrote in a motion.
   ``Both the collection and analysis of such evidence is ongoing. Numerous federal, state and local law enforcement agents in Vermont, New York, Alabama and Texas have worked and continue to work on this investigation. The efforts of these agents have been hindered, however, by the existence of apparently manufactured evidence, the disposal of evidence and the nature of some of the evidence (such as web-based e-mail accounts registered under fictitious names) as described in the complaints filed in this matter and the related case, United States v. Raymond Gagnon,'' Nolan wrote.
   Jacques' attorney, Michael Desautels, has told prosecutors Jacques ``takes no position'' on the request, according to Nolan. Gagnon ``does not oppose it,'' defense attorney John Pacht told prosecutors, according to Nolan.
   Neither defense attorney returned calls seeking comment Wednesday. Niedermeier didn't immediately act on the requests Wednesday.
   In previously filed affidavits, the FBI said Jacques changed a posting to Brooke's MySpace account the night she was reported missing. Gagnon also accessed the account that night, but denied changing the posting, according to an affidavit.
   Gagnon is also charged in Alabama with possessing child pornography at his former home in Cullman, Ala.
   Federal prosecutors in Birmingham, Ala., said Gagnon acknowledged trying to access the account again from a public computer in a library ``on or about'' June 26, the next day.
   FBI investigators have since searched a San Antonio landfill for a safe allegedly belonging to Gagnon, believing it contains child pornography.
   Both remain in custody.
   Jacques was being held at Northwest State Correctional Facility, in St. Albans. Gagnon was being held at Chittenden Regional Correctional Center, in South Burlington.
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