Updated at 6:08 p.m.
Max Misch, who made headlines several years ago for his racial harassment of a former Bennington representative has been arrested on several charges, including kidnapping, sexual assault and aggravated domestic assault.
Misch, 42, took part in a hearing Monday afternoon in Rutland County Superior Court’s criminal division by video from the Marble Valley Regional Correctional Facility in Rutland, where he has been held since his arrest Friday.
Zanna Bliss, his attorney, entered not guilty pleas on Misch’s behalf.
The charges stem from an incident on Friday during which Misch allegedly struck a woman on her face, according to a police affidavit. Later, the woman told police Misch had sexually assaulted her and prevented her from reporting abuse.
Judge Cortland Corsones granted a request from the prosecutor to continue holding Misch in custody without bail pending another hearing to determine the strength of the case. That hearing date has not yet been set.
Bliss tried unsuccessfully to have her client be released on conditions, telling the judge that Misch had significant ties to Bennington County and was not a flight risk.
Misch was arrested Friday evening stemming from an incident on Pleasant Street in Bennington, according to Bennington Police Chief Paul Doucette.
In addition to the kidnapping, sexual assault and aggravated domestic assault offenses, Misch also faces charges of unlawful restraint and interference with access to emergency services, according to court records.
If convicted of the kidnapping charge alone, Misch faces up to life in prison.
Bennington Police Cpl. James Macaulay wrote in an affidavit in support of the charges that police responded to a reported fight between two women on the roadway Pleasant Street at around 6:45 p.m. Friday.
While at the scene investigating the fight, according to the affidavit, police saw Misch there with an injury to his hand.
One of the women, who was taken to a police cruiser, reported she was with Misch earlier in the day and he had gotten angry about a late food order from a restaurant. As they drove to a laundromat, the affidavit stated, he struck her on her face.
The woman said she was driving and Misch was in the passenger seat at the time, according to the affidavit. Police reported finding a red mark on the woman’s face and an injury to the knuckle of Misch’s right hand.
The woman also said that she had tried to report past incidents of abuse by Misch against her but that he locked her in the apartment to prevent her from talking to police, the affidavit stated.
The charges against Misch stated that his alleged criminal actions spanned from July 1 to Aug. 1.
VTDigger does not name alleged victims of sexual assault without their consent.
Misch has been arrested in the past on charges including aggravated domestic assault, a charge of disorderly conduct with a hate crime enhancement and repeated violations of his conditions of release. Later plea deals eventually led to probationary sentences allowing him to avoid jail.
Misch is currently set to be sentenced in a separate case on Aug. 11 in Bennington County for two misdemeanor convictions related to the illegal possession of high-capacity firearm magazines. A jury convicted him of those two charges in April following a trial.
Each charge carries a potential maximum penalty of one year in prison and a $500 fine.
Misch was a central figure in the racial harassment that led Kiah Morris, a former House representative from Bennington, to not run for office again. Morris, who had been the only Black woman lawmaker in the Legislature, announced in summer 2018 she would not be running for reelection, citing, in part, the online attacks.
Vermont Attorney General TJ Donovan, who was in office at that time, investigated the Morris matter, but decided against filing criminal charges against Misch, who admitted to racially harassing Morris. Donovan cited the broad protections of the First Amendment in explaining his decision not to bring charges against Misch.
