A Vermont judge has dismissed the case against the sole defendant in a criminal matter involving the Rainbow Therapeutic Spa, a Brattleboro establishment previously investigated as a possible house of ill-repute. The judge ruled that the prosecution failed to prove the woman had profited from illegal activities within the spa.

Windham Superior Court Judge John Treadwell concluded that the prosecution did not adequately demonstrate how the defendant, Pok Sun Kim, “received or took the earnings of the Spa’s working women, without consideration.” This led to the dismissal of the charge of appropriating earnings related to prostitution.

Aimee Goddard, representing Kim from Annis and Goddard in Brattleboro, expressed satisfaction with the court’s decision, stating, “We are grateful for the court’s thorough analysis and believe that this is a just result.”

The Rainbow Therapeutic Spa became the center of a state human trafficking investigation initiated in April 2022. This investigation culminated in a raid on the Putney Road business four months later.

Law enforcement surveillance, involving local, state, and federal agencies, revealed a “high number of males entering and exiting the business,” according to a 32-page affidavit detailing the investigation. Lieutenant Michael Studin of the Vermont State Police stated in the affidavit that “10 males were identified and admitted to paying for sex acts within the spa” based on surveillance evidence. Furthermore, evidence suggested that three women resided at the Rainbow Spa and seldom left the premises.

The patrons came from a wide geographical area, including Massachusetts towns like Northampton, Winchendon, and Belchertown; New Hampshire towns such as Keene, Swanzey, and Winchester; and Vermont locations including Brattleboro and Dummerston. Some individuals traveled from even farther distances, such as Schuylerville, N.Y., and Clearwater, Florida.

To date, Pok Sun Kim, 65, was the only person charged in connection with the Rainbow Spa investigation, as confirmed by Goddard during an August hearing concerning the motion to dismiss the charge. Goddard highlighted that neither the individuals directly involved in sex work nor the owner of Rainbow Therapeutic Spa faced charges. She also pointed out that the Rainbow Spa had resumed operations shortly after the raid.

The affidavit from Lt. Studin identified Kwang Nam Kim, son of a woman previously arrested in Mobile, Alabama for operating a similar illegal establishment, as the operator of the Rainbow Spa.

Goddard argued that Pok Sun Kim was paid “exploitation wages” for performing domestic duties such as cooking, cleaning, and answering phones. She contended that the state had not presented any evidence to suggest her client acted as a madam.

In contrast, Deputy State’s Attorney Steven Brown argued that even though Kim only collected payments for massages performed by the three women, the money earned by the women for sex work was “fungible” and contributed to the overall operation. “She was an integral part of the operation,” Brown asserted.

However, Judge Treadwell sided with the defense. He stated, “The State… must establish that the payment was a tribute levied on the sex workers earnings in consideration of the sex work alone.”

Judge Treadwell emphasized that Kim received a fixed bi-weekly payment of $700, or $50 per day, for cooking for the three “working women,” a wage significantly below the state’s minimum wage. He elaborated, “There is no evidence here proving the flat rate … paid Defendant was money obtained from payment for sex acts. [Kim] neither received a fee nor took bonuses for facilitating business in the sex trade. Instead, Defendant’s involvement in getting paid to, among other job duties, facilitate the transaction, was, at best, merely incidental to the sexual acts occurring in the Spa’s backrooms.”

Treadwell also noted that when a man identified as “Mr. Kim” delivered Kim’s cash payment, he interacted separately with the other women, “who kept their own books.”

Furthermore, Judge Treadwell pointed to the ambiguity of the state law under which Kim was charged, invoking the “rule of lenity.” He quoted from State v. Govan, explaining, “[A] court that is confronted with an otherwise unresolvable ambiguity in a criminal statute that allows for two possible interpretations of the statute will opt for the construction that favors the defendant… [I]t is a tie-goes-to-the runner device that the court may turn to when it despairs of fathoming how the General Assembly intended that the statute be applied in the particular circumstances. It is a tool of last resort, to be rarely deployed …”

Ultimately, Treadwell dismissed the charge against Kim without prejudice, meaning the state retains the option to refile charges if additional evidence emerges.

Deputy State’s Attorney Brown informed the Reformer that he has not yet decided whether to appeal Judge Treadwell’s decision. He also indicated that the state does not plan to pursue further charges related to the 2022 investigation. Brown declined to comment on whether the state suspects ongoing illegal activities at the Rainbow Therapeutic Spa.

Bob Audette can be reached at [email protected].