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Saturday, December 6, 2014

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.

Monday, December 1, 2014

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............