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Archive for the ‘VERMONT’ Category
Minorities Attack Racist All White Vermont Federal Trial And Grand Jury Makeup
June 23rd, 2008
BURLINGTON, VERMONT - Suspects in 11 federal criminal cases pending in Vermont say the method of selecting jurors is racist so the charges against them should be dismissed.
Defense attorneys say using voter rolls to select jurors excludes minorities as potential grand jurors and trial jurors.
According to papers filed in U.S. District Court in Burlington, the charges are unconstitutional because of racial discrimination.
“The system is one of exclusive reliance upon a source of potential jurors which fails to include a fair cross-section of the community,” wrote Bud Allen, an attorney for drug suspect Cassius Shine, who is black, in a motion to dismiss the indictment.
Prosecutors say the jury selection method is unbiased and the suspects’ claim “has no basis in fact or law.”
Read MoreMan Sought By Bennington Vermont For 14 Years, Charged With Violation Of Probation, Lived Just 21 Miles Away
April 16th, 2008
BENNINGTON, VERMONT — A man accused of violating his probation was arraigned in Bennington District Court on Friday after avoiding arrest for almost 14 years.
Michael L. Moon, 39, of Wilmington pleaded not guilty to four counts of violating his probation and was ordered held without bail by Judge Katherine Hayes. The original affidavit for these charges was filed in May 1994.
According to the affidavit, filed by Probation Officer Christine St. John, Moon was placed on probation in August 1993 after pleading no contest to four counts of burglary. Moon, wrote St. John, was originally sentenced to 2 to 5 years imprisonment, all suspended except for seven months.
St. John wrote that Moon had agreed to make payments of $25 a week for restitution and his court fees. According to the affidavit, Moon made no payments.
Read MoreSgt. Andi Higbee - From Drunken Wreck Into Phone Pole And Barn To Burlington Vermont Deputy Police Chief
April 16th, 2008
BURLINGTON, VERMONT - When the Vermont State Police responded to a one-car crash Nov. 21, 1999, in Charlotte, troopers learned the driver was a man they knew: Burlington Police Sgt. Andi Higbee. He was drunk.
Minutes before, the then-30-year-old, who had drunk too much at a birthday party, had smashed his personal car into a telephone pole and a barn. Higbee trudged to a nearby farmhouse and called authorities.
“I knew most of the troopers that were there,” Higbee would recall later. “I put them in a very bad position that night.”
There might have been a temptation to offer special treatment, cop to cop, Higbee says. He didn’t ask, though, and the troopers offered none. Higbee pleaded guilty to drunken driving, paid restitution and a $300 fine, lost his driver’s license, attended a court-mandated course for DUI offenders, was demoted to corporal, and suffered a blemish on his record that lingers like an old wound.
Read MoreRanking Windham County Vermont Deputy Sheriff Capt. Heidi Nelson, A School Resource Officer, Suspended Amid State Investigation Into Her Releationship With Teen
April 11th, 2008
NEWFANE, VT — Windham County’s top sheriff’s deputy has been suspended while the state police investigate charges she had an improper relationship with a 17-year-old Brattleboro Union High School student, said Sheriff Keith Clark.
Sheriff Capt. Heidi Nelson, 42, who teaches law enforcement classes and serves as the school’s resource officer, was suspended on Friday with pay.
“I think it’s vital to ensure that the student, the student’s family, the career center, the members of the department, the public and Captain Nelson can trust that I am doing everything possible to protect everyone concerned as these investigations move forward, the facts are determined and the truth of the situation becomes known,” Clark said during a Monday news conference.
Clark was joined at the news conference by Brattleboro School Superintendent Ron Stahley, and David Coughlin, the acting director of the Windham Regional Career Center, which is based at the high school.
Read MoreVermont Attorney General Finds Brattleboro Police Used Excessive Force In Taser Weapon Attack On Peaceful Protesters And One Other Incident
April 11th, 2008
BRATTLEBORO, VT - Vermont’s Attorney General says Brattleboro police violated use-of-force policies in two taser incidents last summer. The findings were part of a report issued after a 7-month investigation of police use of tasers in Vermont.
Bill Sorrell says Brattleboro police improperly used tasers twice, but the Attorney General also found that tasers– when properly used– have become an important police tool that save lives and prevent injuries.
“This is indeed a weapon,” says Sorrell.
The weapon is the electronic compliance device better known as a taser. Applied to open skin, it temporarily paralyzes with a non-lethal, high-voltage, painful shock.
28 police departments now use them in Vermont, but it was Brattleboro’s use of the taser in two instances last summer that triggered the Attorney General’s investigation. In one case, the Brattleboro cops repeatedly tased a young couple passively protesting in an open field.
Read MoreBrattleboro Vermont Police Attacked Peaceful Protesters With Taser Weapons After They Planted Flowers In Vacant Lot - Totally Worthless Do-Nothing VT Attorney General Won’t Charge Cops For Their Crimes
April 8th, 2008
MONTPELIER, VT - Attorney General William Sorrell said yesterday that Brattleboro police used excessive force in two incidents last July in which they used Tasers to shock people, but that officers would not face criminal charges.
“I’m sorry to report that the Brattleboro police blew it in both cases,” Sorrell said. The comment came as he released copies of a 43-page report by his office on the use of Tasers and other weapons designed to be nonlethal by police in Vermont.
Sorrell said the 28 police agencies in the state equipped with the weapons, which are used to subdue unruly suspects by delivering a 50,000-volt electric shock, generally have found them to be a valuable tool. He said Tasers result in fewer injuries than nightstick blows and that the pain they cause is over much quicker than with pepper spray.
Read MoreWinooski Vermont Police Steve McQueen Suspended - Details Hidden From Taxpayers
March 27th, 2008
WINOOSKI, VT - Winooski Police Chief Steve McQueen remains in employment limbo hoping he will get a public hearing next week to clear his name and get back to work.
But the city manager who suspended McQueen made it clear on Thursday there is no hearing scheduled and he’s in no rush to have one. But other city officials want to see it resolved.
“Well we’re, you know, we’re obviously anxious to get this episode over and done with and put behind us,” said Winooski Mayor Mike O’Brien.
The mayor is anxious to determine whether veteran police Chief McQueen deserves to be fired or exonerated and get back to work. O’Brien and the four-person city council will hear the evidence and determine the chief’s fate. But for now they are still waiting, like the public, to learn the specific charges that led city manager Josh Handverger to suspend McQueen a week ago.
Read MoreBennington Vermont Police St. Patrick’s Day “DUI” Enforcement: DUI Arrests: 0 Civil Rights Violations: 74
March 19th, 2008
BENNINGTON — Dozens of motorists looked to their rearview mirrors Monday night to see the flashing, blue lights of local police. After being pulled over, most understood why and some were even pleased to have been stopped.
Others, unfortunately,were arrested and brought to the police station for booking.
Local, county, state police
As local residents celebrated St. Patrick’s Day Monday night, at least five police officers — from the Bennington Police Department, the Vermont State Police and a deputy with the Washington County Sheriff’s Department — were busy participating in a “saturation patrol” to seek out people driving under the influence of alcohol.
“We know that on St. Patrick’s Day it’s not going to be dumb luck that finds us an impaired driver,” saidLt.Paul Doucette of the BPD.
Read MoreBrattleboro Vermont Selectmen Attempt To Rein In Crazed Police Officers After Their Taser Weapon Attack On Peaceful Protesters Who Planted Flowers In Vacant Lot
February 20th, 2008
BRATTLEBORO, VERMONT — The Selectboard gave its approval to the police department’s revamped use of force policy at its Tuesday night meeting.
The policy had been under fire since a pair of nonviolent protesters were shocked with Tasers, July 24, 2007, after they refused to leave private property on Putney Road. The pair was among a group that was protesting the possibility of the development of the lot into a gas station and travel center on the vacant lot.
The board had asked Town Manager Barbara Sondag to establish a committee to review the old policy and create a new one to prevent such use in the future.
Read MoreLamoille County And Morristown Vermont Try To Justify Valentine’s Day Attack On Loud Partygoers With Taser Weapons And Pepper Spray
February 20th, 2008
HYDE PARK, VERMONT - Lamoille County authorities are defending police actions to subdue combative suspects at a drinking party. Some partygoers claim police use of tasers and pepper spray was abusive and unnecessary. But the police say otherwise.
“Based on what I know, what I read, my own experience with a taser, Officer Bjerke conducted himself correctly,” says Morristown Police Chief Richard Keith.
Keith says his officer had no choice but to use a taser to subdue a pair of drunk and combative suspects.
“By the time my first officer got there, they were on the ground struggling with him and apparently he was being assaultive toward the officer that was trying to restrain him,” says Keith.
Read MoreCommission Upholds Firing Of Burlington Vermont Police Officer James Brigham
February 17th, 2008
BURLINGTON, VERMONT - The Burlington Police Commission has upheld the dismissal of Cpl. James Brigham. Brigham was fired last month in the aftermath of controversy involving a fellow Burlington officer who avoided arrest in a suspected drunken-driving incident in Colchester.
At a Feb. 5 closed-door hearing, Brigham asked the four-member commission to reverse the Jan. 4 decision to fire him. The commission issued its unanimous ruling in a brief statement released Friday morning.
“Based on the evidence presented during the hearing, the commission affirms the dismissal of James Brigham from the department,” the statement said in part.
Jerome O’Neill, chairman of the Police Commission, declined comment on the panel’s decision. O’Neill said he could not comment because Brigham’s firing was a personnel matter and the panel’s decision was based on information provided confidentially. Brigham was a 14-year police veteran.
Read MorePolice Invade Private Hyde Park Vermont Home Without A Warrant, Use Taser Weapons And Pepper Spray Against Students And Partygoers
February 15th, 2008
HYDE PARK, VERMONT - Partygoers claim police used excessive force when they broke up a party early this morning.
The Sheriff’s department and other agencies were called to a home on Noyes Farm Road in Hyde Park three times to handle noise complaints. They say nearly 100 people– including a large number of Johnson State College students– had gathered at the home to drink and celebrate Valentine’s Day.
Two people claim that when they refused to let officers in the house because they didn’t have a search warrant, the officers became very aggressive.
“The whole time I was trying to cooperate, get people out of the house. Before I knew it, I was on the ground being tased. All I could feel was myself being tased, vibrating, they tell me to stop resisting, I can hear them tell me stop resisting, but all I can do is shake like this because I am being tased. They tased me four times, I have four scars on my body,” said partygoer Evan Pestone.
Read MoreDisgraced Colchester Vermont Police Officer Dale Trombley Drops Appeal After Firing In Connection With Stop Of Burlington Police Officer Sgt. Don Lilja For Drunk Driving
February 14th, 2008
Dale Trombley
Don Lija
COLCHESTER, VERMONT - The Colchester cop fired in connection with the traffic stop of another officer is no longer fighting his dismissal.
In November, Colchester Officer Dale Trombley stopped then Burlington Police Sergeant Don Lilja on suspicion of driving under the influence of alcohol. But Trombley never processed Lilja. After an internal investigation by Colchester, Trombley was fired from the force.
He was protesting his dismissal, but Friday town officials said Trombley’s lawyer withdrew that appeal.
Brattleboro Vermont To Face Lawsuit After Crazed Police Officers Lt. Robert Kirkpatrick And Peter DiMarino Attack Peaceful Protesters Who Planted Flowers In Vacant Lot With Taser Weapon - Our Tax Dollars At Work
February 14th, 2008
BRATTLEBORO, VERMONT — The town of Brattleboro will face another lawsuit over last summer’s controversial use of Tasers on a pair of peaceful protesters.
Attorney David C. Sleigh of St. Johnsbury said Monday he would be filing a suit against the town on behalf of the two protesters, Jonathan Crowell and Samantha Kilmurray, both of West Dummerston.
Sleigh, who was hired last summer after the two were arrested, Tasered and cited into court for trespassing, said he was waiting for the town’s own investigation into the incident before filing the civil rights suit.
Read MoreExpert Hired By Town Finds That Brattleboro Vermont Police Officer Lt. Robert Kirkpatrick And Peter DiMarino’s Brutal Taser Weapon Attack Against Handcuffed Peaceful Protesters Who Planted Flowers In Vacant Lot Was Unnecessary Excessive Force
February 9th, 2008
BRATTLEBORO, VERMONT - An independent consultant hired by the Town of Brattleboro to investigate a July 24 incident in which police stunned two protesters with a Taser gun says the officers’ action was “unnecessary and excessive.”
Gordon Black, a Bennington County attorney hired to look into the incident, told town officials in a report that police were hasty in turning to the stun guns when confronted with the protest by Jonathan Crowell, 32, and Samantha Kilmurray, 32, both of West Dummerston.
A lawyer for the two says he’ll soon file suit against the town over the incident.
Read MoreBellows Falls Vermont Police Department’s Future In Question
February 9th, 2008
BELLOWS FALLS, VERMONT — After months of trying to figure out if the village can continue to support a police department, the trustees on Tuesday will devote an entire meeting to discussing law enforcement in Bellows Falls.
The residents of Bellows Falls have one of the highest tax rates in the state, and over the last year the police department has faced both deep cuts, as well as total elimination.
The cost for running the department this year will likely approach $1 million and Windham County Sheriff Keith Clark has offered to take over law enforcement in the village for $650,000.
Clark is the former chief of the Bellows Falls Police Department and left after he was elected Windham County Sheriff in November 2006.
BFPD chief Ron Lake said Friday that he has put time into next year’s proposed budget, and while he refused to reveal his estimates before Tuesday’s meeting, Lake promised to offer a 2009 budget that will come in under this year’s projected $1 million.
Read MoreVeteran Colchester Vermont Police Officer Dale Trombley Fired After Botched DUI Traffic Stop Of Veteran Burlington Police Sgt. Don Lilja And Shattered Credibility After Allowing Officer To Go Free
January 26th, 2008
COLCHESTER, VERMONT - Colchester’s top official announced Friday night he has fired a member of the town police department following a controversial DUI traffic stop, a decision he characterized as an effort to restore integrity to the judicial system.
Town Manager Al Voegele refused to identify the officer involved, though other sources said he is veteran Officer Dale Trombley.
Trombley stopped a motorist Nov. 2 who turned out to be Sgt. Don Lilja, a 24-year veteran of the neighboring Burlington Police Department. Trombley elected not charge Lilja, instead letting him go free.
Lilja later acknowledged his actions and resigned from the agency. A second Burlington officer has also been dismissed but is appealing.
In his first public statement Friday night, Voegele acknowledged a lengthy internal investigation that has frustrated many in the community.
Read MoreAnother Drunk Driving Case Dismissed Because Of Credibility Problems With Colchester Vermont Police Officer Dale Trombley
January 26th, 2008
COLCHESTER, VERMONT - Prosecutors have dismissed a second drunken-driving case due to concerns about the credibility of a Colchester Police Officer. The officer is under investigation for an incident last year involving a Burlington cop.
In November, Burlington Police Sgt. Don Lilja was reportedly pulled over by Colchester Officer Dale Trombley. Lilja admits he drank alcohol before driving, but says he was never processed for possible DUI. Lilja resigned following an internal investigation by the Burlington Police Department.
Colchester officials have been tight-lipped about their investigation and have still not indicated when they will release their findings.
So far, the state has dismissed two drunk driving cases citing the Colchester cop’s lack of credibility.
Criminal Cases Bite The Dust After Veteran Colchester Vermont Police Officer Dale Trombley’s Credibility Takes A Major Hit - A Dozen Drunk Drivers To Walk After Officer Failed To Arrest Veteran Burlington Police Officer Don Lilja On Suspicion Of Drunk Driving
January 23rd, 2008
Police Officer Don Lilja
COLCHESTER, VERMONT - The Chittenden County prosecutor has started dismissing criminal cases that were investigated by a Colchester cop accused of giving another cop a break after a DWI stop. Prosecutor T.J. Donovan says he has no choice since the Colchester cop’s credibility is an issue.
It’s been nearly three months since a Colchester officer failed to process an off-duty Burlington cop he pulled over for suspected DWI. The incident has already cost two Burlington cops their jobs. But Colchester officials have yet to release any findings of their investigation and their delay means up to a dozen people charged with drunk driving could get off scot-free.
“As much as I don’t want to dismiss this case, when I’m on notice that an officer’s creditability is at issue, I’m obligated to investigate that matter,” explained Donovan.
Read MoreVermont Legislature May Finally Decriminalize Possession Of Small Amounts Of Marijauna
January 23rd, 2008
MONTPELIER, VERMONT - Vermonters get to weigh in this week on a bill before the Legislature that would decriminalize possession of small amounts of marijuana.
The state Senate Judiciary Committee plans a public hearing Wednesday on a measure that would make possession of four ounces or less punishable by a civil penalty instead of criminal prosecution. Also on the agenda: a bill that would stiffen the penalties for selling heroin and cocaine.
“I think both are public policy issues that ought to be explored,” said state Sen. Richard Sears, D-Bennington, who chairs the committee.
Sen. Hinda Miller, one of the sponsors of the marijuana bill, said it would help Vermont courts focus on more important crimes if passed.
“It’s time to be realistic and look at the world as it is,” said Miller, D-Chittenden.
Read MorePost 9/11 Hysteria Crazed DMV Officials In Arizona, Michigan, Vermont, And Washington Team With Feds To Track Anyone With A Drivers License With RFID Chips In Licenses - Even When They Aren’t Driving
December 28th, 2007
US - Electronic monitoring of motorists will soon expand dramatically as states including Arizona, Michigan, Vermont and Washington begin to use radio frequency identification (RFID) chips in drivers’ licenses. These electronic chips broadcast the identity of any card holder to any chip-reading sensor within a minimum of thirty feet. The US Department of Homeland Security is promoting the tracking projects as part of its Western Hemisphere Travel Initiative.
“Multiple cards can be read at a distance and simultaneously with vicinity RFID technology, allowing an entire car full of people to be processed at once,” a DHS fact sheet on the Passport Card technology explained.
So-called enhanced drivers’ licenses are designed to meet the DHS travel document requirements. Enhanced card holders will be allowed to travel across the border without a passport when new regulations take effect in January 2009. The enhanced licenses electronically store the motorist’s name, date of birth, height, weight and identity number on the card. RFID readers use the identity number to access additional private information from a department of motor vehicles database.
Read MoreDisgraced Veteran Burlington Vermont Police Officer Sgt. Don Lilja Quits After His Drunk Driving Stop Was Covered Up By Colchester Police
December 27th, 2007
BURLINGTON, VERMONT - A veteran Burlington police officer has resigned after confirming that he received special treatment when he was stopped for suspected drunk driving by a Colchester cop. It is the latest development in a potential police scandal that had been unconfirmed allegations until Tuesday.
For at least two weeks rumors have circulated that a Colchester officer gave an off-duty Burlington officer a special break unavailable to other motorists pulled over for driving under the influence. Since then, Burlington police and Colchester police have said only that the matter is under internal investigation in both departments. Tuesday’s resignation confirms that the rumors were true.
Sgt. Donald Lilja has apologized for his error in judgment and resigned after 24 years on the Burlington Police force. Lilja admits he was stopped by a Colchester police officer for suspected DUI, but he was not processed.
Read MoreVeteran Burlington Vermont Police Officer Sgt. Donald Lija Quits Amid Misconduct Investigation
December 26th, 2007
BURLINGTON, VERMONT - Burlington Police say veteran police Sgt. Donald Lilja has resigned in the wake of a misconduct investigation.
Both Burlington Police and Colchester Police were conducting separate investigations into possible misconduct after a Colchester police officer allegedly drove home a Burlington officer who was pulled over for suspicion of drunk driving last month.
Two off-duty Vt. State Police troopers say they saw the intoxicated Burlington officer at a fast-food restaurant in Colchester. They called 911 to report him for drunk driving. The responding Colchester Police officer pulled over the Burlington cop, but rather than giving him a breathalyzer test or sobriety check, he allegedly drove him home.
Read MoreBrattleboro Vermont Board Tables Taser Weapon Policy Soon After Police Officers Lt. Charles Aleck, Lt. Robert Kirkpatrick, And Michael Gorman’s Brutal Taser Weapon Attack On Peaceful Protesters Who Planted Flowers In Vacant Lot
December 25th, 2007
BRATTLEBORO, VERMONT - While it’s not the tool of first choice, the police department has to have the option of using stun gun weapons to arrest a person who refuses to obey a lawful order, said acting Police Chief Eugene Wrinn, during Tuesday night’s Selectboard meeting.
“At some point, we have no choice,” said Wrinn, and have to use force to arrest someone who won’t submit to a police officer’s authority.
This was the second time a revised use of force policy has come before the board for its approval. After a sometimes heated debate stretching for nearly an hour, the board tabled further discussion on the topic and asked Wrinn to come back to future board meeting to continue the review of the proposed policy.
Read MoreJudge Tosses Federal Grand Jury Subpoena After Prosecutor Attempts To Require Defendant To Turn Over PGP Encryption Key To Laptop Hard Drive Files
December 17th, 2007
VERMONT - A federal judge in Vermont has ruled that prosecutors can’t force a criminal defendant accused of having illegal images on his hard drive to divulge his PGP (Pretty Good Privacy) passphrase.
U.S. Magistrate Judge Jerome Niedermeier ruled that a man charged with transporting child pornography on his laptop across the Canadian border has a Fifth Amendment right not to turn over the passphrase to prosecutors. The Fifth Amendment protects the right to avoid self-incrimination.
Niedermeier tossed out a grand jury’s subpoena that directed Sebastien Boucher to provide “any passwords” used with his Alienware laptop. “Compelling Boucher to enter the password forces him to produce evidence that could be used to incriminate him,” the judge wrote in an order dated November 29 that went unnoticed until this week. “Producing the password, as if it were a key to a locked container, forces Boucher to produce the contents of his laptop.”
Read MoreTwo Veteran Vermont State Police Troopers Suspended Amid Investigation Into Brattleboro Sexual Assault
December 5th, 2007
BRATTLEBORO, VERMONT — Two veteran Vermont State Police troopers are being investigated for allegations of sexual assault, state officials confirmed Tuesday.
The troopers have been put on leave pending the outcome of the investigation.
Vermont State Police Major John Filipek said the Brattleboro Police Department conducted an investigation into charges the pair, while off-duty, were involved in an alleged sexual assault in Brattleboro. Filipek said he didn’t have a date for the alleged assault.
Filipek refused to identify the troopers, and said they were on leave with pay pending the outcome of the investigation.
“The Vermont State Police takes this matter seriously,” said Filipek. “It’s an open and ongoing investigation.”
Cindy Maguire, the chief of the criminal division of the Attorney General’s office, said she received the investigation report on Monday from the Brattleboro Police Department. The Windham County State’s Attorney’s office has cases pending from the two troopers, Maguire noted.
Read MoreFormer Bellows Falls Vermont Village Trustee Stweard Read Held Without Bail, Sent Back To State Prison, For Violation Of Probation In Child Pornography Case
November 16th, 2007
BRATTLEBORO, VERMONT — Former Bellows Falls village trustee Stewart Read was ordered held without bail Thursday after he pleaded innocent to charges he violated terms of his probation on child pornography charges.
Read, 53, was sent back to the Springfield state prison, where he’s been held since his arrest Tuesday by probation officers, according to his attorney, William Kraham of Brattleboro. Court records allege that Read possessed adult pornography, which he was prohibited from having while he was on probation.
Kraham said he was already preparing an appeal to District Judge Karen Russell Carroll’s ruling to hold Read without bail pending a hearing on the merits of the alleged violation.
“Ultimately, I predict this will all be dismissed, but the bad news is he’s in jail and it’s my job to get him out,” Kraham said after the hearing in Brattleboro District Court.
Read MoreBrattleboro Vermont Police Create New Use Of Force Policy After Officers Lt. Charles Aleck, Lt. Robert Kirkpatrick, And Officer Michael Gorman’s Brutal Taser Weapon Attack On Peaceful Protesters Who Planted Flowers In Vacant Lot
November 10th, 2007
BRATTLEBORO, VERMONT — The new use of force policy for the Brattleboro Police Department should give more guidance to officers in resolving confrontations, both violent and nonviolent.
The department has been using the rewritten policy, not yet accepted by the Selectboard, since a task force assigned to update it presented it to police on Oct. 26. The task force was established after officers stunned a pair of protesters with Tasers on July 24 and after a report from an outside consultant discovered the department was suffering from low morale.
The pair, Jonathan Crowell and Samantha Kilmurray, had refused to leave a vacant lot where they were camping out to protest development on Putney Road. When police couldn’t convince them to unlock themselves from a cement-filled barrel, Crowell and Kilmurray were stunned and arrested. The pair has since announced they plan to sue the town for the action.
Read MoreFired Brattleboro Vermont Police Chief John Martin Claims Officers Lt. Charles Aleck, Lt. Robert Kirkpatrick, And Officer Michael Gorman Disobeyed Orders In Brutal Taser Weapon Attack On Peaceful Protesters Who Planted Flowers In Vacant Lot
November 4th, 2007
BRATTLEBORO, VERMONT – The attorney for fired Brattleboro Police Chief John Martin said Friday that Brattleboro police officers disobeyed his orders when they Tasered two peaceful protesters last July.
Pietro Lynn, the Burlington lawyer representing Martin in his disciplinary case, said that Martin didn’t testify and didn’t defend himself during the recent confidential disciplinary hearing before the Brattleboro Select Board because they viewed the hearings as a “done deal.”
“It was not a fair and impartial hearing,” Lynn said. “John had no illusions. It was a political decision. The hearing was a sham and the decision is preposterous.”
Lynn noted that Martin had been evaluated by interim Town Manager Barbara Sondag in April and had received a positive review.
Lynn said that he and Martin were considering the next step in the disciplinary case, refusing to say whether Martin would contest his firing further.
Read MoreFired Brattleboro Vermont Police Officer Terry Parker Files Lawsuit - He And Officer Marshall Holbrook Shot And Killed A Man At Church, After Which A Lawsuit Was Settled With The Their Victim’s Family
October 31st, 2007
BRATTLEBORO, VERMONT — It’s been nearly six years since Robert “Woody” Woodward was shot and killed by a pair of Brattleboro police officers during a confrontation at All Souls Church in West Brattleboro.
Late last year, the family of Woodward settled a civil suit against the town for $150,000. Since then, the family has been dispensing the cash to various nonprofit organizations in New England such as the New England Youth Theater and the Northeastern Family Institute.
After the town settled the suit out of court, many people in town hoped it would bring closure to an issue that had threatened to tear Brattleboro in two.
But a recent civil suit against the town by one of the officers involved, Terry Parker, may mean town residents haven’t heard the last word on the Woodward tragedy.
Read MoreBrattleboro Vermont To Consider Firing Police Chief John Martin
October 19th, 2007
BRATTLEBORO, VERMONT — Town officials in Brattleboro will consider today whether to fire their police chief.
The town manager is recommending that the Selectboard fire Police Chief John Martin for failing to perform the duties of his position in an acceptable manner.
The Selectboard will meet this morning to take evidence from Town Manager Barbara Sondag and Martin and determine if just cause exists for his termination.
The move follows the recent release of a report by a consultant to the town that was sharply critical of the chief.
Shortly after the town received that report in late August, Martin placed himself on administrative leave. When he tried to return to work in mid-September, Sondag ordered that he remain on leave, and on Oct. 4, he was officially suspended with pay.
Rutland Vermont Lawyer Edward R. Seager Jailed For Probation Violation After Testing Positive For Cocaine
October 19th, 2007
RUTLAND, VERMONT - A Rutland lawyer may be searching for his own lawyer now that he’s behind bars after representing himself Wednesday in Rutland District Court.
Edward R. Seager, 54, appeared in court and denied an allegation that he was in violation of his probation by testing positive for cocaine.
Judge Thomas Zonay ordered Seager held without bail pending a hearing Nov. 7 on the probation violation allegation. Seager had been on probation as a result of a careless driving conviction.
Seager is a well-known longtime Rutland lawyer.
“A Rutland native serving the Rutland area since 1978,” reads the advertisement for his firm in the local phone book, his photo displayed with a backdrop of the Rutland courthouse.
Seager handles personal injury, real estate, general litigation and criminal cases. In the past he has represented clients in Rutland District Court charged with crimes ranging from homicide to retail theft.
Read MoreTown Manager Wants Suspended Brattleboro Vermont Police Chief John Martin To Hit The Road
October 16th, 2007
BRATTLEBORO, VERMONT — The town manager is recommending that the Selectboard fire Police Chief John Martin “for failing to perform the duties of his position in an acceptable manner.”
Town Manager Barbara Sondag said the board had set a meeting for 8 a.m. Thursday to “take evidence from myself and John (Martin) and determine if just cause exists for his termination.”
It’s up to Martin and his lawyer, Pietro Lynn, to decide whether Thursday’s session should be public, Sondag said.
The move follows the recent release of a report by a consultant to the town that was sharply critical of the chief.
Shortly after the town received that report in late August, Martin placed himself on administrative leave. When he tried to return to work in mid-September, Sondag ordered that he remain on leave, and on Oct. 4, he was officially suspended with pay.
Read MoreDefense Attorney Calls Vermont State Attorney Kyle Siples Bluff In Caledonia District Court Over Client’s Bogus Rape Case, Resulting In Dismissal
October 15th, 2007
ST. JOHNSBURY, VERMONT — Christopher Sargent walked into Caledonia District Court Thursday prepared to begin serving 12 months in prison on a plea agreement that called for a sentence of 12 months to 9 years on a felony charge of aggravated assault. Caledonia District Court Judge Thomas Zonay, however, rejected the sentence called for in the plea agreement, saying he could not support a sentence with only 12 months to serve. Zonay told Deputy State’s Attorney Kyle Sipples and defense attorney Joe Benning he wouldn’t go along with their agreement.
Caledonia District Court
What happened next must have come as a surprise to Sargent. After the hearing, Sipples left the courtroom, went downstairs to the clerk’s office and filed a “Notice of Dismissal” with the court, dropping all counts against the defendant. The dismissal meant Sargent could walk out the door a free man.
The Crime
Read MoreFormer Vermont State Trooper John Plaster Receives A Tiny Slap On The Wrist After Choking And Beating Teen
October 2nd, 2007
HYDE PARK, VERMONT - For the first time in Vermont, a law enforcement officer has been sentenced to serve prison time for roughing up a suspect.
A former state trooper chose not to contest his guilt and accepted a plea deal that will send him to prison for at least 30 days.
Former trooper John Plaster is going to prison because he crossed the line with a teenage suspect and an eyewitness filed a complaint. The eyewitness was another state trooper.
Former state trooper John Plaster, 34, pled no contest to two charges Monday morning at a hearing in Hyde Park, acknowleding the state had enough evidence to prove he criminally assaulted a suspect.
It happened in November 2006 when Plaster and another trooper were called to an Eden residence to deal with an unruly teenager. When the boy hurled vulgarities at the troopers, Plaster reportedly choked the teen until the boy nearly blacked out and later banged the handcuffed teenager’s head into a wall at a police station.
Read MoreVeteran Vermont Office Of Child Support Employee Ricky Alan Smedley, Previously Convicted Of Sex Crimes Against Retard Girl, Denies New Allegations Of Sexually Assaulting Another Young Girl
September 30th, 2007
BARRE, VERMONT — A state worker in the Office of Child Support, who was convicted in 2002 of sex crimes against a developmentally disabled girl, denied new allegations Tuesday that he sexually assaulted a young girl earlier this week.
Ricky Alan Smedley, a 12-year employee of the Vermont Office of Child Support, pleaded not guilty in Vermont District Court in Barre to aggravated sexual assault against a minor. The 52-year-old Waterbury resident was jailed on $50,000 bail for a charge that carries a maximum penalty of life in prison.
“A woman walked in on the defendant when he was on top of a 12-year-old girl,” Washington County State’s Attorney Tom Kelly told a judge Tuesday. “The evidence of guilt is great.”
Read MoreBerlin Vermont Volunteer Firefights Use Jaws-Of-Live In Vandalism Spree
September 28th, 2007
BERLIN, VERMONT — Some volunteer firefighters in Vermont have been accused of using Jaws of Life during a vandalism spree, WPTZ-TV in in Plattsburgh, N.Y., reported.
Firefighters usually use the tool to help victims of serious car crashes escape the mangled wreckage.
Police in Berlin said Howard Silk, 23; John Silk, 20; Shawn Silk, 20; and Matthew Squires, 23; all Berlin volunteer firefighters, stole and damaged public property around central Vermont with the Jaws of Life during what police think might have been a scavenger hunt brought on by a dare.
Police said the four started the spree at the Berlin Mall and Central Vermont Hospital, pulling hubcaps and windshield wipers from cars. The four then headed to the Montpelier park and the town of Northfield, damaging pay phones and stealing street signs, police said.
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