Before adjourning, the Vermont Legislature put a down payment on justice reform by passing S.219, which would ban chokeholds and similar… uhh… “restraint techniques” (such a bloodless descriptor) and require that state police wear body cameras. The bill awaits action by Gov. Phil Scott.

The chokehold thing illustrates a broader problem with law enforcement practices. We’ve seen time and again that officers are quick to employ chokeholds and pile on top of prone suspects and use whatever the term of art is for “knee on the neck,” as well as Tasers, pepper spray, rubber projectiles, tear gas, flashbangs and other sublethal weapons. Sublethal but still painful and dangerous, and far too often employed on peaceful protesters and suspects who are already under control. Or on bystanders, such as the reporter who lost an eye to a rubber-bullet impact during a Minneapolis protest.

But that’s a sermon for another Sunday. I’m here to point out a big problem with S.219 and other well-meaning proposals for reining in the excesses of the police. That’s the guy who makes the decisions on whether or not to bring charges — Attorney General TJ Donovan.

The same Donovan who, until this month according to VPR, has examined 18 excessive-force cases involving police officers — and brought charges in only one of those cases. The same Donovan who’s been frantically trying to get ahead of the crowd on justice reform so he can show “leadership.”

But beyond his nearly universal backing of questionable police conduct, there’s the newly reopened case of Joel Daugreilh, the former St. Albans police officer who, in 2017, pepper sprayed a suspect who was already handcuffed and secured in a cell.

Daugreilh’s supervisor determined that the action was “clearly over the line.” The city referred the case to Donovan’s office for possible criminal charges. And he chose not to bring any.

Well, not at the time. He reopened his probe in January, just after VPR requested records of the case. Convenient timing, no?

Continue reading →