Category Archives: justice and corrections

Repeat After Me: The Coverup is Worse Than the Crime (UPDATED)

Those were the days, my friend…

Brandon del Pozo has bowed to the inevitable, and resigned as Burlington’s police chief. His departure came a mere four days after he admitted to Seven Days’ Courtney Lamdin that he had used an anonymous Twitter account to troll frequent City Hall critic Charles Winkleman.

Still, a whole bunch of questions remain unanswered. But they can all be boiled down to a single multidimensional query:

Why did it take so long?

The original deed — creating a fake Twitter handle to bash a critic, and deleting it almost immediately — would have been a bad look. But a fireable offense? That’s questionable. I think del Pozo would have survived.

Instead, here’s what happened. Del Pozo posted the tweets on July 4. Winkleman took notice, and vented his suspicions to Lamdin. She approached del Pozo on July 23, and he repeatedly denied any involvement. He lied “nearly a dozen times,” as Lamdin reported.

Five days later, del Pozo came clean to Weinberger. The mayor put the chief on medical leave and took away his gun, badge and city-issued cellphone. And told him to stay off social media. (The leave was publicly announced on August 2.)

Del Pozo returned to the job on September 15. And still, nothing about the twitter account and the lies to Seven Days’ city hall reporter. Weinberger kept it under his hat, thinking maybe, I don’t know, it’ll all just go away?

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If I hear someone say “a few bad apples,” I’m gonna scream

The Vermont Department of Corrections (Not Exactly As Illustrated) (Or Maybe It Is)

As Vermont’s prison scandal continues to spread and deepen, I find myself pondering a simple question:

How are the Democrats going to handle this?

The latest in this head-spinning affair is the indefinite suspension of the top two officials at the Northern State Correctional Facility in Newport. DOC Commissioner-For-Now Mike Touchette announced the suspensions in a Friday newsdump. He didn’t explain the reasons — but dollars to donuts it’s no coincidence that the action comes a few days after Human Services Secretary Mike Smith launched his own investigation, which initially (at least) focused on the state’s only women’s prison.

And while we wait for more dominoes to fall, let’s consider that the scandal puts the Democrats in a tight spot. At first glance, you might think they’d be rarin’ to dig up a nice juicy election-year scandal that might put a few dents in Gov. Phil Scott’s Teflon.

But maybe not.

Some factors to consider. Former DOC commissioner Lisa Menard served from 2015 to 2018. Yep, she was appointed by Democrat Peter Shumlin. She and Touchette are longtime veterans of the department, who rose through the ranks under Democratic and Republican governors. The documented problems at the women’s prison go back to at least 2012, which would be Shumlin’s first term. This scandal may have blown open on Scott’s watch, but it’s really a bipartisan issue.

The potential principals in this affair — Menard, Touchette, Smith, and his predecessor Al Gobeille — are all familiar faces around state government. They are past or present denizens of the Statehouse bubble. They are well known and — rightly or wrongly — respected by legislators. Rep. Alice Emmons, who’s served in the House since 1983, is the longtime chair of the House Corrections and Institutions Committee, which will tackle the prison scandal. She and her committee have had responsibility for oversight of the system, and failed to keep the system on the straight and narrow. Is she going to dig deep into this thing, or will she be inclined to lay the blame at the feet of “a few bad apples”?

And again, if I hear that phrase in January, I’m going to scream. Because even at this early stage, there’s overwhelming evidence that this problem isn’t confined to the front-line workers. It’s clear that DOC management actively conspired to keep things quiet.

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Donovan Knew

The Vanishing Wunderkind

If there was any doubt about whether Attorney General T.J. Donovan might run for governor in 2020, he has just eliminated it.

Not by making an announcement, but by making it all but impossible to get the Democratic nomination. The guy’s so radioactive right now, he ought to just lay low for at least two more years.

Because it turns out he played a major role in concealing the scandal at the Chittenden Regional Correctional Facility. We know this thanks to Seven Days‘ Paul Heintz, who has done the near-impossible. He uncovered a major scandal in state government — and then, one week later, he has substantially advanced the story, at a time when every media outlet in Vermont is pursuing this thing. Or should be.

Today’s piece reveals that pretty much everyone in state government knew about widespread abuse at the Chittenden Regional Correctional Facility long before it became public, including officials who loudly expressed their horror and astonishment that there were problems at the prison.

Including, most notably for our purposes, T.J. Donovan, who has known about systematic problems at the prison for two and a half years.

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Donovan mulls outside monitor for women’s prison

The scandal-plagued Chittenden Regional Correctional Facility may need an independent monitor to provide an outside view of its management. Vermont Attorney General T.J. Donovan floated the idea Monday, in an interview from the meeting of the National Association of Attorneys General in Washington.

A report in last week’s Seven Days outlined a years-long pattern of sexual assault and other misbehavior at Vermont’s only women’s prison — and a pattern of covering up or ignoring those abuses. Since then, Gov. Phil Scott has ordered Human Services Secretary Mike Smith to launch an investigation, Smith has assumed managerial control of the prison and House Democrats plan to conduct hearings on the scandal as soon as the new legislative session begins next month.

Donovan said the idea of an independent monitor arose Monday in a side conversation at the NAAG meeting. “This has been done at the federal level with troubled prisons,” Donovan said. “Usually, there’s a list of criteria for compliance that the independent party would monitor.” Donovan isn’t ready to advocate for the move, but he noted that “we may need some sort of independent third party.”

Donovan has not launched his own investigation of the prison; instead, he is assisting with Smith’s probe. There’s also a criminal investigation underway by the Vermont State Police. Donovan defended his decision to stay in a supporting role for now.

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On the women’s prison scandal

First of all, full credit to Paul Heintz and the Seven Days team for producing a tremendously impactful piece of reporting. You know you’ve hit the mark when you force every political figure in Vermont to stop in their tracks and take action to investigate a scandal.

And scandal it is. An epidemic of sexual assault involving guards and inmates at the Chittenden Regional Correctional Facility, Vermont’s only women’s prison:

“It’s an epidemic at this facility,” said one longtime officer who claims to have faced retaliation for speaking out against it.

“The [officers] lie, have sex with inmates, assault people and have each other’s backs to ensure that nobody finds out,” said Melissa Gaboury, who was released from the prison last week. “They also retaliate against any inmate for speaking about anything.”

Not good. Not good at all. Especially in a time when the federal Prison Rape Elimination Act (PREA) has mandated procedures for curbing sexual assault behind bars. And when the state’s corrections department has supposedly complied with the law.

Yeah, maybe not.

If half the stuff in Heintz’s story, and his follow-up piece, is true, then this is a full-on scandal that ought to rock the state’s corrections system to its core. People should be fired. People should be brought up on criminal charges. And not just guards on the front lines, but top officials who must have been complicit in cover-ups and creating (or permitting) a culture of denial and suppression.

The cherry on this shit sundae: Daniel Zorzi, a corrections officer who was a known drug abuser, and who trafficked in and shared drugs with inmates, was somehow named the DOC’s 2018 shift supervisor of the year. Here he is, embarrassingly enough, posing with then-corrections commissioner Lisa Menard and then-human services secretary Al Gobeille.

Oopsie.
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Where is TJ going?

Much speculation has surrounded Democratic Attorney General TJ Donovan this year. Will he run for governor in 2020, or won’t he?

Maybe the real question ought to be, Which primary would he contest?

Donovan has taken a couple more rightward steps in recent days. Last week, Gov. Phil Scott directed his officials to allow people inspecting state documents to take photographs or otherwise record images without incurring any fees. Afterward, Donovan doubled down on his position that fees should be charged to anyone getting copies of public records — whether the copies were made by state employees or not.

Congratulations, TJ. You’re now officially to the right of our Republican governor on a key transparency issue.

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Let Us Now Praise Doomed Policy Proposals

The fine folks at the Vermont ACLU got together Tuesday to unveil a plan that would cut the state’s inmate population by hundreds — which would, among other things, allow Vermont to bring its out-of-state inmates back home. (It’d also save money in a bloated corrections budget.)

Great idea. And in the words of Rice University Prof. Quincy Maddox, “Ain’t nothin’ gon’ happen.”

Seriously, I have to admire the dedication of these public interest advocates who do all kinds of research and put together plausible policy proposals in professional-quality brochures and pdfs that you just know are destined to get the bone-saw treatment in the legislative abbatoir. (Not on the official public tour.)

The plan calls for an end to cash bail (at any moment, hundreds of Vermonters are behind bars for failure to post bail), expanding alternatives to incarceration, better treatment for mental illness and substance use disorders, sentencing and prosecutorial reform, decriminalization of certain offenses including sex work, and better options for released inmates.

For years now, our political leaders have paid lip service to the notion of bringing all our inmates back home. But even as we’ve seen scandals and problems and questionable policies at out-of-state prisons, our leaders have failed to follow through.

This time, as usual, there’s plenty of lip service to be had.

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When a politician says “It’s not political,” you can bet your ass it’s political

On Thursday, Democratic Attorney General T.J. Donovan sided with Republican Governor Phil Scott against Democratic Chittenden County State’s Attorney Sarah Fair George in a high-profile murder case. And he insisted, naturally, that his decision had nothing to do with politics.

OK, before we get to the merits of his argument, let’s make one thing clear. It’s political. Whether Donovan wanted it to be or not — whether politics entered into his thinking or not — his decision indisputably has political ramifications.

In May, George dismissed charges against Aita Gurung for the 2017 murder of his wife because George decided she wouldn’t be able to rebut Gurung’s insanity defense. (A court-hired expert and a prosecution expert had both concluded that Gurung was insane at the time of the fatal attack.) It was one of three high-profile dismissals by George on the same day. Later, Scott asked Donovan to review the three cases.

Donovan was George’s predecessor in Chittenden County. His decision in the Gurung case clearly casts doubt on her judgment because he has just overruled her judgment. His protestations of “utmost respect” for George ring hollow.

In a media scrum after Gurung’s re-arraignment Friday, Donovan presented a bunch of inadequate and contradictory explanations. He sounded like he was grasping at straws.

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The Narrow Parameters of Acceptable Debate

So how many political parties do we have in Vermont? Two? Three? Umpteen, if you count Liberty Union and whatever Cris Ericson and Emily Peyton have going on and the Mad Hatter of #vtpoli, H. Brooke Paige?

(I know, he’s a Republican. But any day I can mention Mr. Paige is a good day.)

Well, looking at recent policy debates in the Statehouse, you might just conclude that we have a grand total of one: The Moosh Party. Because on a whole range of issues, there’s little disagreement on the fundamentals; the discussion is confined to the details. At a time when Vermont faces some huge challenges, there’s a complete lack of bold thinking in the executive and legislative branches. We’re All In The Box.

The most basic area of consensus is on state finances. There’s no serious talk of raising taxes, cutting taxes or even significantly reforming our tax system. There’s no serious talk of raising or cutting spending. Streamlining or reforming government seems as unattainable as ever.

(When Phil Scott was running for governor in 2016, he talked a lot about “Lean management” as a way to make government more efficient and free up money to pay for new programs without raising taxes. He rarely, if ever, brings up that idea anymore. His state website touts his PIVOT program (Program to Improve Vermont Outcomes Together, and someone was paid taxpayer dollars to come up with that pukey acronym) but — deep into the third year of the Scott Era — doesn’t cite any cost savings. It does boast of 44 PIVOT projects underway and the training of hundreds of state managers and employees in Lean practices. Which makes me suspect that spending on PIVOT has outweighed any actual savings.)

When times are good and the state is enjoying unexpected revenue, the broad consensus is that we shouldn’t spend it — or at least not very much of it. The Republican governor and the four Democratic money committee chairs are in agreement on that. Except perhaps at the margins.

There’s also broad agreement that the state shouldn’t be borrowing any more money. Remember Sen. Michael Sirotkin’s ill-fated proposal to launch another $35 million housing bond this year? He’s a powerful committee chair, and his idea went nowhere. One of the loudest voices in opposition: Democratic Treasurer Beth Pearce, who’s fiercely protective of the state’s bond rating.

All this broad consensus leaves room only for piecemeal action. Take, for example, the legislature finding $6 million in this year’s budget to boost child-care subsidies. Nothing to sneeze at, but advocates will tell you that it’s a drop in the bucket compared to the actual need — for parents trying to keep their jobs and for child-care workers trying to make a living.

And it’s one-time money. That’s what passes for significant accomplishment in 2019.

Here’s another. Universal broadband is widely seen as a necessity for rural Vermont to become economically competitive. This year, the state enacted Act 79, which produces $1.2-1.4 million per year for broadband grants and creates a revolving loan fund for existing and startup internet service providers. A nice step, but nothing like a game-changer.

Meanwhile, the overwhelmingly Democratic legislature whiffed on three signature issues: paid family leave, minimum wage and a tax-and-regulate system for cannabis. What’s notable about those three, besides the whiffing, is that none of them would have cost the state much money. Paid leave? A new tax. Minimum wage? Employers would foot the bill. Cannabis? Would have brought new revenue to state coffers.

Not even on the table: Climate change, housing, education, the tattered mental health system, economic development, seriously addressing income inequality and health care reform, among others. No effort, through increased state aid or some sort of student debt forgiveness, to confront our affordability crisis in higher education. Nothing to address Vermont’s demographic crisis — except for the Scott administration’s dink-and-doink grant programs that only benefit a handful of employers and workers. On climate change, leaders of both parties acknowledge the crisis and our lack of progress toward established climate goals. But propose or approve a truly game-changing agenda? Not on your life.

Literally.

For years, politicians on all sides have talked about ending our reliance on out-of-state prisons. But actually doing something about it? Spending money on facilities or enacting new programs to reduce the inmate population? Nah.

Any effort to close the ridiculously large and still growing wealth gap, either through boosting benefits or job training or education affordability — or through increasing taxes on top earners? All talk, no action.

Health care reform would seem to be a critical need, considering that the Green Mountain Care Board just approved whopping insurance-rate premiums. But do you hear anything besides the gentle shuff-shuff of hand-wringing? Nope. I think elected officials of all stripes are still scarred by then-governor Peter Shumlin’s disastrous reform efforts. Nobody wants to call that monster out from under the bed.

The biggest exception to this depressing parade of cromulence was Act 76, which establishes a revenue source and administrative structure for waterways cleanup. Nice. But it only came after years of ducking the issue as long as humanly possible — even as toxic algae blooms make an annual joke of our alleged commitment to environmental purity, not to mention killing dogs and maybe causing Lou Gehrig’s Disease.

And action only came under threat of federal intervention. Yep, we can thank the Trump EPA for forcing Vermont to clean up its water.

This around-the-middle consensus isn’t only frustrating for those on the left. It’s got to be just as galling for conservatives, who believe the answer to Vermont’s problems lies in cutting taxes, spending and regulation. You’re not getting any of that from Team Scott, much less the legislature.

It’s funny. Vermont is widely seen as bluer-than-blue Bernie Country. But our current crop of elected leaders is comfortably at home in a narrow band of non-threatening incrementalism.

 

 

TJ steps up

Will wonders never cease. No sooner than the U.S. Justice Department decides to ease its way out of the private prison business, than the Democratic candidate for Attorney General forcefully advocates the same move for Vermont.

What’s more, he believes it will be simple. From an email blast received Saturday evening:

There is a lot we need to do for criminal justice reform, but most people would agree that we should stop shipping Vermonters to out-of-state, for-profit prisons.

… This is one obvious step I believe we can take in the first 100 days of the next legislative session in 2017.

Well.

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