Do Consequences Matter In VT Criminal Courts?

Ask most parents or teachers. Say what you mean and mean what you say. Threatening consequences and not following through sends the wrong message; do what you will because nothing is really going to happen as a consequence.

This lesson doesn't seem to have been learned yet by Vermont criminal court judges. Just this week, two convicts violated the terms of their probation and furloughs respectively. They were found guilty of the violations, both felonies, and were given additional prison sentences as a consequence. But were they really?? One convict is to serve his additional sentence concurrently with the sentence he was already serving. The other was given additional years of prison time-----suspended!!!! No extra time in prison for violently violating the terms of his furlough.

The lesson taught by Vermont judges--do what thou wilt. Ain't nothin stoppin ya. Pity the poor, law abiding citizens coming into contact with these miscreants.

When A Deputy State's Attorney Is Less Than Forthright and Acts Like a Jerk

Deputy State's Attorney (Assistant District Attorney in most states--that's what I was In Western Massachusetts) Jim Lillicrap was apparently fired from his ADA job in California for cause. He allegedly exhibited the same rude behavior and disregard for state discovery obligations that he has shown here according to members of the criminal defense bar. The Big Question----Did he reveal in his application and resume for his present Vermont position that he had been let go for cause in California. Lillicrap and his wife, who worked for the same office as her husband in CA, sued for sexual harassment and the creation of a hostile workplace. That case was settled with the settlement sealed as is customary in most civil cases of that nature. Documents in the public record from that case were unearthed by a local member of the criminal defense bar.

Lillicrap just ran unsuccessfully in November's election for the Orleans County State's Attorney position. During the campaign he refused to discuss where he went to law school or accurately what his litigation background was. A friend of mine who has dealt with Lillicrap in court in the past told me more than a month ago that Lillicrap is, in his opinion, a "jerk."  From the article about this in the Caledonian-Record last weekend, it looks like many others here who have dealt with Lillicrap have the same low opinion of him. Will the new State's Attorney who defeated him in the November election keep him on in her office? To be continued............

Ah, the First Snow

It is here proving that God is intelligent for having invented snow tires. Here's the house after shoveling out and raking the roof Thanksgiving morning.

"Best Interests of the Child" Will Be the Legal Standard for DCF In Protecting Vermont Children

After the debacle of two toddlers in DCF care dying after being reunited with abusive parents, the Vermont legislature is poised to enact legislation mandating that a child's best interests will always govern decision making by state agencies dealing with the well-being of minors. The state will also likely adopt a version of the Massachusetts system which allows for placement with relatives, friends and teachers if a responsible parent is not available to assume custody of the child. Privacy rules for Vermont agencies like DCF and the police will also likely be relaxed to allow agencies to share information about children to insure there are no problems being hidden by one agency from another. Kudos to State Senator Dick Sears, D-Bennington, for spearheading the legislative changes.

And a big, wet raspberry to DCF Commissioner Ken Schatz for failing to grasp the priority of the BIC standard and make it the cultural norm at DCF.
http://www.burlingtonfreepress.com/story/news/politics/2014/11/25/lawmakers-prepare-child-protection-ideas/70099034/

First Real Snow

It's coming down and I have visions of getting out the roof rake to get the heavy wet snow off my roof. Then it will be out the door and along the river on snow shoes. Happy Winter to all!!!

What Trumps A Child's Best Interests In Vermont Officialdom and the Courts???

Why reuniting the child with its abusive parents at all costs, of course. Unbelievable; ridiculous; absurd you say?! Well,  according to an independent investigation ordered by Gov. Schumlin into the recent deaths of two Vermont toddlers in the care of and under the supervision of the Vermont Department of Children and Families, their deaths were caused by just that. The report stated, ‘‘An incorrect perception appears to exist among casework staff, the Family Courts, and others in the system that ‘reunification at all costs’ is the formal policy of the department’’ and ‘‘takes priority over the best interests of the child,’’  

Any child services worker, social worker, lawyer, judge or law enforcement officer should know a priori that the best interests of the child is the star that guides caregivers and child protection professionals through the deep, dark night of child abuse.

Will the workers at DCF who so miserably failed these children be held accountable? I would think and hope so. But no, ‘‘We do not look at these matters as ‘somebody did something wrong,’ ’’ according to DCF Commissioner Ken Schatz. Rather, Schatz opined, ‘‘We look forward to a process of improvement. I know our staff are very committed to that,’’ Wrongful death suits are pending, being brought by the very parents whose alleged abuse caused the toddlers' deaths. Go figure.
http://www.bostonglobe.com/metro/2014/11/22/report-overtaxed-social-workers-police-failed-children/4LGRSzdEt7hZRzRNd6GrdO/story.html

Beware of Frost Covered Car Windows

From Texas--car thieves tried to jump into a car warming up in cold weather thinking it was unoccupied. NOT. There was a police detective sitting in the car getting ready to go to work. If it wasn't for bad luck they'd have no luck at all.http://a.msn.com/r/2/BBexQlB?a=1&m=en-us

When Police Cross the Addiction Line

The Colchester Police Department veteran who was in charge of the evidence locker at the station raided it to apparently pay for his heroin habit. Cpl. Kinney has entered a drug rehab program. Smart move prior to entering a plea in Federal, yes, FEDERAL court. He's facing a very real ten years in prison. Contrast this with an unreal prison term with likely early probation if prosecuted in the Vermont system. The Feds take crime and punishment a bit more seriously than Vermont does. The nightmare of any Vermont criminal is to be ensnared in the Federal criminal system. Good luck to Kinney--hopefully, he'll beat the big H and return in some way to a productive life.

Honor Felon Not Home Yet

Followup to Judge Pratt's decision to allow a felon from Iowa to travel back on his own to Iowa. The fellow still can't make bail here and sits in our local gaol. He has a status hearing on November 17th. Stay tuned.

Bring the Boys Home Now!!

From prisons in Kentucky and Arizona that is. Due to lack of prison space here in Vermont, the state houses close to 500 prisoners in for-profit run prisons in those two states. Proponents of the homeward migration cite the distance prisoners are kept from family members and the fact that the two prisons are for profit run by Corrections Corporation of America. Profit making or not, CCA can house a prisoner for thousands of dollars less than the cost of in state incarceration. To house the returned prisoners now would require either the building of a new prison which Vermont legislators claim can't be afforded, OR releasing enough prisoners in-state to make room for the returnees. Now, we already have a major recidivism problem with the cons living in Vermont---a 92% recidivism rate by the second year post-release. We don't need more criminals out who should be in.

What to do?? Build medium security prison camps to house the ruffians. Quansit style huts surrounded by barbed wire. Stalags without Col. Klink and Sgt. Schultz. Humane, secure facilities that won't cost an arm and a leg like major concrete and steel prisons do.

Activist quote of the month.  “Here they are making money from imprisoned people and have separated them from their family,”    CCA does make money running prisons. I don't have a problem with that in principle.  BUT, I thought it was a prisoner's criminal act that separated him from his family----and society. Bring them home without more new prison space? Thanks, but no thanks.

http://www.burlingtonfreepress.com/story/news/local/2014/11/09/coalition-wants-vt-prisoners-home/18779829/

No Trip To Iowa Yet Under the Felon Honor System

The Honor Felon from Iowa has not yet left Vermont. It seems he can't make the bail that was set for his release from custody here and still sits in lockup in St. Johnsbury. A status hearing is now set for November 17th. Maybe law enforcement from Iowa will come to retrieve him. One can only hope....

Fifth DUI--When is Enough Enough?

A 64 year old was arrested in Hardwick for his FIFTH!! DWI infraction. He faces the possibility of ten years in prison. But......is that really a possibility? Unlikely given his record. He has 10 felony priors, 36 misdemeanor priors, 25 violations of probation, one escape conviction and one conviction for violating release conditions. Vermont corrections is at work rehabilitating and reintegrating felons into society. Not!

Extradition? Nah. Just Promise To Drive Back To Iowa

A fugitive wanted on Iowa arrest warrants for domestic abuse was taken into custody during a traffic stop in St. Johnsbury the other day. The Vermont judge hearing the case released the fugitive on his promise to drive straight back to Iowa within seven days. The judge, Michael Pratt, first ascertained that the fugitive had enough cash on hand to make the journey back to Iowa. And the fugitive was made to promise that he would call the court here when he made it back home. I wonder if the Iowa authorities were even notified that their man was in custody here in VT. No mention in the news article about that. It seems this Vermont judge has given new meaning to the honor system. To be continued in seven days........

Escaped Murder's Privacy Rights In Vermont Trump Public Safety

A young man convicted of murdering his foster mother in the year 2000 with a single .22 pistol shot to the back of her head whilst grading school papers was furloughed (paroled to some of us) from prison last year. Last week he decided to escape and disappeared from his job during the middle of his work day. Police, the US Marshals and the public were alerted. Only one problem------the only available photo of him was a file photo taken at the time of the murder when he was 17, some thirteen years ago. What does he look like now? The Vermont Department of Corrections has the only recent photo of him AND THEY REFUSED TO RELEASE IT TO LAW ENFORCEMENT OR THE PUBLIC CITING THE CONVICTED FELON'S RIGHT TO PRIVACY!!!!!!! A state legislator who heads the legislative committee overseeing VT Corrections is demanding an explanation. Ya think the failure to produce a current photo of the convicted murderer might have compromised public safety? You bet! VT Corrections lives in a very special world........with a 92% recidivism rate by the end of the second year of release from prison.

Photographic Exhibition Working Fifth On View at The Grindstone Cafe, Lyndonville VT

An exhibition of my photographs of street performers on NYC's 5th Avenue (1988-1991) has opened at The Grindstone Cafe on Depot Street in Lyndonville, VT. Please drop by for a look and a cuppa at your leisure over then next few weeks.

NYC Counterfeiters Caught in Lyndonville

Three counterfeiters up from Staten Island and staying across the street from me at the LynnBurke Motel have been busted for passing $50 and $100 fake bills at local businesses. The first bust occurred at Dollar General where passing a fake $100 was called in to local police by the store. Our police chief, Jack Harris, arrived just as the perp was backing out of a parking space to leave-----she backed right into Jacks new PD cruiser denting the left front panel.  

The woman arrested at Dollar General is African-American. Now, here in the Northeast Kingdom the population is 99.9% Caucasian. Why would one come to this area sticking out like a sore thumb to do a crime?  Turns out they also paid for their room with counterfeit bills. That's really dumb. Wonder if they used the copy machine at the library...........

Soccer Pursuit

Lyndonville and state police chased a St. Johnsbury man alleged to be armed and violating a protective order in Lyndon Center last Saturday. They chased the guy through the Lyndon Institute grounds going right through a female soccer team match in progress. Extra strikers on the field............he was captured after being boxed in on the footbridge leading into town. 

The Russian Cyclist With the Luck of the Irish

Watch this video of a Russian cyclist caught in the middle of an accident between two motor vehicles. Amazingly lucky that he's alive and walked away. 
https://www.youtube.com/watch?v=fmnABODVFl0&ncid=txtlnkusaolp00000618 

Perry Family Members Indicted in New Hampshire--We're Not In Vermont Anymore, Toto

The melee at Canobie Lake Amusement Park in in Salem, NH has resulted in indictments of three Lyndon area family members for riot and assault on police officers. http://www.fosters.com/apps/pbcs.dll/article?AID=/20140918/GJNEWS_01/140919259/0/SEARCH

Unlike being criminally charged in Vermont where the corrections philosophy is heavily weighted toward reintegration of the criminal offender back into society--often much to soon and without a real hope of success--New Hampshire is a very different world. They will likely do heavy time in the NH prison system. And Lyndon/Lyndonville will be a better place....... 

Let's Annex Littleton, NH

Reading the paper yesterday it looks like the crime rate in Littleton is right up there with the best of the Northeast Kingdom. Let's annex them. Best of all, they have a Walmart!! Oh, but that means we'd have to pay sales tax.......never mind. 

Death Row 35 Gang Members Active in St. J.

DR35 was originally active in Lyndonville a couple of years ago robbing and threatening people on the streets. They were all arrested and are presently in St. J. in various stages of probation and parole. Last week, a DR35 member allegedly beat up three Caledonia School students at afternoon dismissal--victims were two boys and a girl. When told that the police had been called, the victims were told by the perp that he would be back to finish them off. No charges filed yet. The victims are too afraid to press charges. To be continued............

Hummus To Assault For

I had a girlfriend from Beirut in the mid-1980s who made hummus to die for. Apparently there's a woman in St. Johnsbury who makes hummus to assault for. Living in one of the crappy hotel probation and parole apartment buildings off Eastern Avenue, she came home the other night to find people partying in the hallway. Three women came to her apartment seeking hummus which she didn't have. Expressing extreme disappointment, two of her neighbors punched and kicked her in their disappointment. Assault charges are pending. Do they serve hummus in lockup?  

Domestic Violence in Vermont--Amazingly High

There are about 625,000 people living in Vermont. Last year 85,000 of them were victims of domestic violence. That's almost 14% of Vermont's population. I'm told tere is culture here of men being in charge of families and acceptance that being in charge is an enforceable "right." Vulcan mind melds anyone?

Drive By Shooter Problems

Alleged drive by shooter Chino Rodriguez has a problem. His friend Michael Roya, who swears that he, not Chino, did the drive by shooting alone, must have been a very busy and dexterous man. The police announced that they found two different calibers of shell casings at the shooting scene. Picture, if you will, Royo driving the car and texting invective to the victim using Chino's cell phone whilst firing not one, but TWO pistols. How did Michael "Terminator" Royo manage it??!!  The only thing likely to save either of them will be an incompetent prosecutor----Bye bye boys.

Note--Roya was in court yesterday for violating conditions of a prison furlough while living in........drum roll please........Lyndonville. The judge, with infinite wisdom, released him to his home on the SAME conditions he is charged with having violated. Vermont judicial discretion. Priceless. 

Lyndonville Denizen Missing

You've likely seen him cycling around town. Clean shaven on an old bicycle. Steve Cross is his name. He went missing this weekend after calling 911 to say he was despondent and thinking about taking his life. Vermont State Police came knocking Saturday night on my friend Barry's door and that of his tenant who is a friend of Steve's. They were looking for him to get him help. Steve's not been seen around town. If you see him, let the VT State Police know. 

FOLLOWUP--John is OK.

Scotland Ready to Secede---Vermont?

The latest polling in the UK shows that a yes vote on Scot secession is likely to succeed.  http://www.theguardian.com/politics/2014/sep/06/scots-radical-new-deal-save-the-union

If successful, it will likely rekindle the Vermont secession movement. Despite Thomas Naylor's Second Vermont Republic movement's unfortunate association with a Southern US racist secession organization (  http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/2008/summer/north-meets-south ), there's much to be argued in favor of Vermont secession. More to come in future blog posts on this topic from Constitutional and political perspectives.

Postscript-- Thomas Naylor died in the Spring of 2013.
http://www.splcenter.org/home/2012/spring/thomas-naylor-controversial-vermont-secessionist-dies

Stranger Followup--The Kirby Vacuum Man

He wins the prize for worst salesman of the year. A neighbor got him to say what he was selling. That long sleeve flannel shirt on a summer day made him look more like an addict hiding track marks. Nice to know he was benign. 

The Grindstone Cafe

Where the denizens of Lyndonville hang out to feel the pulse of the town.

The Stranger at the Door

Finishing dinner at around 5:30 when I hear a very strong knocking on my front door. Looking out I can see a male a about six feet tall, goatee, wearing a long sleeve lumberjack type shirt on this hot and humid day. Open the door a crack keeping my foot behind to prevent a forced entry. Ask him what he's selling. Garbage answer given, but he's holding a " house gift" of a small basket with snacks wrapped in saran wrap. Bad vibe about this..........ask him again what he's selling and he says, "Things for the home." Right.

Door shut and he's still talking in an annoyed tone while I go and strap on my 9mm. Looking out the bedroom window I see a late model mini-van. It kind of looks like the driver isn't the guy who came to my door.  Out I go down the driveway to where I can get a read on his plate number. By the time I get back inside and look out the window-----he's gone.  Thought maybe he's further down the block at another house, so I go out again. But, he's totally gone. Forced entry attempt?  The Lyndonville Police have the description and plate number. 

Drive by Shooter--Chino or Friend?

Chino Rodriguez is sitting in jail charged with attempted murder in the drive by shooting in the butt of a River Rd., St. J man last month. Chino is purported to be, or has been, (if anyone actually ever leaves), the Latin Kings. So a Michael Roya has come forward to say that he drove the drive by car, shot the 380auto (just badly aimed warning shots) all whilst texting invective and threats to the victim on Chino's phone. A man with busy hands! And then there are those 380auto rounds found at Chino's apartment in Cabot.............wonder if Roya is a Latin King taking the fall for a more senior member or just a guy owing Chino a favor. Stay tuned. The St. J PD is investigating. 

Guns, Guns and Burglary

Lyndon and Lyndonville have lately seen a spate of daytime home burglaries that appear to be targeting home owners who possess firearms--particularly the pistol variety. A local at the Grindstone Cafe says it's reminiscent of a burglary krew a few years ago that came up from NYC to hit rural gun shops. Hit 'em and run back to NYC to sell them out of the trunk for cash. Easy money The Bronx Way. 

The perps have hit homes with loose 44 mag revolvers and carried off small home safes with semi-automatics inside. Bolt those safes to the floor folks. Are they locals or tourists? Your guess is as good as mine. Maybe instead of leaving home without it, concealed carry would be a better idea. After all, ya don't need a permit to carry concealed in Vermont and ya can't steal what isn't there. 

Good luck to Lyndon Police Chief Jack Harris. It's likely not an easy case to solve given the resources available to most small town departments. 

 

Is Cute a Crime?

Here we go. The Caledonia-Record carries the story today of Eric who was convicted in early August of violating a protective order some 31 times. He faces life in prison as a habitual offender. Slight problem that perplexes me. Was he served with the protective order in its final form that listed the plaintiff/victim as the protected party?? Maybe not. Problems there are with the return of service apparently not showing that the final, corrected protective order was actually served. The Sheriff's officers apparently didn't look at the order they eventually served and could not testify tht it was actually the final order they delivered to Mr. Eric.  It likely was, BUT as a prosecutor ya gotta prove it was properly served. That's usually an issue put before the judge as defendant's attorney (orally at trial) did only to have the judge reject defendant's objection to proper service having been proved.  Now there's a formal written motion before the court. 

Mr. Eric isn't the nicest of fellows living in our community, but he's entitled to have a proper and complete protective order served on him before it can be said that he violated it. Maybe he saw that the plaintiff/victim's name was not checked off on the original protective order he got and acted a bit too cute for his own good contacting the victim. Still, cute isn't a criminal offense and the state does have an obligation to dot its "i"s and "t"s. Stay tuned. Even if he dodges this bullet, there's still his upcoming murder trial........

Note: Actually posted September 3rd.