After probe, concerns over Barre City officer’s credibility puts dozens of criminal cases in limbo

A county prosecutor has issued a Brady letter against a Barre City police officer accusing him of having sexual relations with a woman he had arrested while that criminal case remained pending.

Orange County State’s Attorney Colin Seaman wrote in a two-page letter issued Friday that his office “has reason to believe” that Barre City Police Officer Matthew Frey “committed acts that create substantial issues pertaining to his credibility as a witness and conduct as a law enforcement officer in any capacity.”

Often termed a “Brady” or “Giglio” letter, the names refer to national court cases. The letters are filed by prosecutors when an officer’s credibility is called into question and can effectively end a law enforcement career because prosecutors may decide to no longer take cases the officer had investigated.

“Based on the information I have right now, I would not feel comfortable calling him as a witness,” Washington County State’s Attorney Michelle Donnelly said of Frey in an interview.

Frey could not be reached Tuesday for comment. 

After the allegations against Frey came to light, Vermont State Police conducted an investigation and turned the case over for review by the Orange County State’s Attorney’s Office, who declined to prosecute, Adam Silverman, a state police spokesperson, said Tuesday.

Seaman wrote in the letter that Frey was the arresting officer of a woman charged with reckless or gross negligent operation of a motor vehicle, cruelty to a child and resisting arrest in May.

“During the pendency of the criminal charges,” Seaman added, “Matthew Frey began a discreet relationship with the defendant primarily using Snapchat media to exchange messages, including requesting and receiving partially nude pictures of the defendant.”

On Sept. 13, the prosecutor wrote, Frey “invited himself” to that woman’s house, “purposefully placed his motor vehicle in a not readily identifiable manner in the driveway, told the defendant she must keep this meeting a secret and had a sexual encounter with the defendant.”

That woman, Seaman wrote, expressed concern in an Oct. 1 complaint to law enforcement that she was “coerced” by Frey.

“The above actions outline a pattern of behavior that exploits a dangerous power imbalance inherent in law enforcement with persons subject to their potential testimony against them in a criminal proceeding,” Seaman wrote. 

“The Defendant in the criminal case is placed in the role of a victim in this investigation,” the prosecutor added. “They were placed in a position of vulnerability potentially fearing retaliation, favorable or less favorable treatment in their criminal case, and disbelief should they come forward with allegations against the law enforcement officer placing them in this position.”

Seaman could not be reached Tuesday for comment.

Donnelly said Tuesday the matter was referred to the Orange County State’s Attorney’s Office to avoid any conflicts since it involved a law enforcement officer in Washington County. 

“We never want to give even the appearance of a conflict of interest,” Donnelly said.

Donnelly said since the letter was issued Friday she has reviewed all the active criminal and family cases in which Frey was involved to determine which cases need to be dismissed or if they can move forward without him as a witness. 

She said an initial review shows about 90 active criminal and family court cases involving Frey. “We are still looking at how many of those are going to be dismissals or refusals,” Donnelly said. 

Donnelly also said after receiving the letter she dismissed the case brought against the woman Frey arrested in May.

Donnelly added that the letter not only raises credibility concerns with Frey. “It shows, I think, an extreme lack of judgment in the way that he treated somebody that he investigated,” the prosecutor said. 

Donnelly said that she agreed with the decision by Seaman to not bring criminal charges in the matter.

“I think that it was a lack of judgment,” Donnelly said of Frey’s actions. She added that while she believed that there were “professional obligations” Frey did not meet, it did not rise to the level of a crime.

Frey is on paid administrative leave, Barre City Police Chief Braedon Vail wrote in an email Tuesday in response to questions from VTDigger. 

Vail said that an administrative investigation is set to begin this week following the criminal investigation and decision by the prosecutor not to bring any charges.

Read the story on VTDigger here: After probe, concerns over Barre City officer’s credibility puts dozens of criminal cases in limbo.

Courtesy of VT Digger