CHELSEA — On Thursday morning, the state moved James Perry, a man found not guilty by reason of insanity for killing his daughter, to a non-hospital mental health facility.
An Orange County Superior Court judge decided at a hearing on Thursday morning that Perry, who had been detained in prison for four years, will now live in a residential setting while remaining under 24-hour care and supervision. He was taken immediately afterwards to a residential program run by the Clara Martin Center and Health Care and Rehabilitation Services of Southeastern Vermont, according to the court order.
Prosecutors and Perry’s defense discussed the alternatives of putting him in a hospital setting, which would offer more intensive supervision, or releasing him with no direct oversight. Both sides agreed that it was appropriate to place Perry in a non-hospitalization level of care, an in-between to those possibilities.
In the hearing, Judge Daniel Richardson grappled with where to place the 74-year-old man who shot and killed his daughter, Karina Rheaume, when she came to bring him cookies and check on him in May 2021.
Perry was charged with second degree murder, aggravated assault with a deadly weapon and reckless endangerment. But in April of this year, he was found not guilty by reason of insanity.
At that point, with that finding, Perry couldn’t be sentenced to prison, so the case became a matter of managing Perry’s health. Thursday’s proceeding was a hospitalization hearing only, Richardson reminded members of the public, who filled over half the court room.
“The court doesn’t have a free hand. The court is obligated to follow the law,” Richardson said. Because Perry is no longer considered a criminal, the court has to weigh his personal liberties against concerns that he could pose a risk to himself and others, he added.
The violence of the crime leaves some to worry that Perry needs a more secure level of oversight. Calista Diane, a close friend of Rheaume’s daughter, stood outside the old courthouse and hugged the family after the hearing.
“I’ve seen way too many people fall through the cracks,” Diane said as tears welled in her eyes. The court ruling devastated her. She thinks Perry belongs locked up in prison, she said.
“His daughter brought him cookies and he slaughtered her,” Diane said.
Rheaume’s family declined to comment after Thursday’s hearing.
After the mental health treatment he got in prison, Perry appeared to be a changed man, Richardson said. But the judge still had a message for him.
“I want to address you directly,” Richardson said, pausing to look at Perry from his bench.
“You have to participate,” Richardson said — emphasizing Perry’s responsibility to keep himself and the public safe.
Rheaume’s family asked the court earlier this month to keep him under more intensive supervision, citing concerns for their safety, according to reporting from Valley News.
Diane said that she understands the family’s pain. “They’re terrified,” she said.
Richardson explained that the court is charged with operating within the law no matter the pressures of public opinion. He asked people in the courtroom to remain respectful, reminding them it was not a town meeting.
While everyone was silent, benches creaked as onlookers shifted their weight. Some took notes as the hearing went on.
Crystal Barry, a mental health professional with Burlington’s Therapeutic Works Incorporated, testified before the court. Barry had personally spoken with Perry over a dozen times to discuss his mental state and placement options, she said.
Barry considers the move to supervised residential care a “good step down for future observation,” she said.
In the facility, Perry will live among six other patients, be monitored by staff around the clock and be accompanied by staff if he leaves the program’s facilities, Barry said. Perry hasn’t shown signs of delusional thinking for over a year. That’s partly due to the fact that he’s been in a social and regulated environment — something they want to continue, she explained.
The court order stands for 90 days. After that, it must be revisited in family court, now that the case is no longer criminal.
“I’m sure we’ll all be here in 90 days,” said Diane, the friend of the victim’s family, gesturing to the small crowd that lingered in front of the courthouse.
