Category Archives: justice and corrections

Bill Sorrell gets religion

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There was some welcome news from Vermont’s Eternal General about a month back. Bill Sorrell had begun a series of public hearings on the subject of incarceration — specifically, whether Vermont is putting too many people behind bars. Sorrell and others are gauging public sentiment on the question, and considering whether the Legislature should “adopt a resolution to steer Vermont’s criminal justice system away from incarceration,” according to VTDigger’s account.

Sorrell being Sorrell, he cautioned that nothing much would happen anytime soon.

“It would be like moving a battleship through thousands of individual decisions by prosecutors and judges, and in no small part on the decisions by corrections personnel on when the individual is released,” Sorrell told VTDigger.

Still, if this is how Sorrell plans to spend a chunk of his final year in office, then bully for him. We’ve been imprisoning more and more people for the past three decades, with no appreciable effect on public safety. Our prison population is aging and getting more expensive. It also features an appalling over-representation of Vermont’s teeny-tiny black population.

African-Americans make up just 1 percent of the population of a state that is 95.3 percent white, yet they make up 10.3 percent of Vermont inmates. Put another way, a Vermont inmate is more than 10 times as likely as a resident at large to be African-American.

So if Vermont’s top law enforcement official is on board with reducing incarceration rates, that’s a really great thing. More power to him.

One question, though.

Where the hell was Bill Sorrell all this time?

ICYMI, for the past two decades of our mass incarceration binge, he’s been Vermont’s top law enforcement official. So, welcome to the party, Bill. Sorry it took you so long to get here.

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Senate closes ranks around Good Ol’ Norm

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Like the frog in the hot water, I guess you can get used to anything if it happens slowly enough.

This week’s “Fair Game” column from Seven Days’ Paul Heintz is a substantial piece of work. He managed to contact almost every state senator and get them on the record regarding their disgraced/disgraceful colleague, Norm McAllister. Highly recommended reading, although it might make you shoot coffee out your nose.

And surprise, surprise: over the last several months, the air has gone out of the “Get Rid of Norm” balloon. Indeed, the person who seems to have suffered the most from this affair is Senate Minority Leader Joe Benning, who’s been leading the charge to expel McAllister. Many of his fellows blame him for being too aggressive, and Heintz reports that the issue has fractured the Republican Senate caucus.

Which just reinforces my view of the State Senate: it’s a clubby, tradition-bound institution whose members have an excessively high regard for themselves and not nearly enough concern for, oh, serving the people and stuff like that.

According to Heintz, the conversation has moved away from expulsion and toward the possibility of suspending McAllister pending the outcome of his criminal trial. Which, c’mon, is a weaksauce idea intended to diffuse the pressure and provide a pretext for barring McAllister from the Statehouse. Because when push comes to shove, the thing they’re most worried about is the media circus of McAllister showing up for work, and reporters badgering Senators with uncomfortable questions. Here’s a good one:

“Senator Mullin, you shared a house with Senator McAllister. You saw him take his teenaged “assistant” to bed every night. She has said that McAllister raped her ‘every time I went down there… just about.’ You’re an intelligent man; how could you possibly be unaware of what was happening under your own roof?”

(Mullin, by the way, was one of the few Senators who failed to response to Seven Days’ inquiry. Brave man.)

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Silence descends at MSNBC

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Outside my usual bailiwick, but I’m compelled to write. And if I need a pretext, well, Benen is a Vermonter.

Today, dozens of reporters tramped through the apartment of the alleged San Bernardino shooters. Some of them, including MSNBC and CNN, went live as their reporters rummaged through the belongings of the dead couple, brandishing pictures of unnamed people and pieces of legal identification before the cameras.

The spectacle revealed nothing. It was, as the Washington Post put it, “life-sucking.” It was despicable. It was a sign that journalistic ethics have been completely subsumed by the endless hunger for ratings.

The authorities say they have completed their investigation of the apartment. I find that hard to believe. What I do know is that if they ever want to go back in there, they won’t be able to use anything they find as evidence. The whole scene is irretrievably tainted.

And people think bloggers have no standards. Today, I prefer my profession to journalism.

Even the news anchors seemed to be choking back their revulsion. CNN’s Anderson Cooper called it “bizarre,” and a CNN security analyst spoke about compromising a crime scene. MSNBC’s Andrea Mitchell begged reporter Kerry Sanders not to show pictures or ID’s on the air.

The networks seemed to realize what a ghoulish clusterfuck they’d just taken part in. MSNBC later issued a very tepid semi-apology. CNN boasted that it had not showed pictures or IDs, which is just the worst of many offenses.

After getting home this evening, I turned on Rachel Maddow to see what she would have to say about it.

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Mayberry follies

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Nice long story in yesterday’s Burlington Free Press on the Colchester Police Department, one year after the shocking arrest of veteran officer Tyler Kinney, who was allegedly stealing drugs, guns and money from the evidence room he was responsible for. Reporter Elizabeth Murray chronicled the struggles of Chief Jennifer Morrison in bringing the department’s policies and procedures up to date.

Nice, so far as it went. But there was one person completely absent from the story who should have played a substantial role.

Chuck Kirker.

For those just joining us, Kirker had served in the Colchester Police Department for 43 years, and had been Chief for 34 years when he retired in 2013. And, to judge by the Kinney case and yesterday’s Free Press piece, he was doing a terrible job.

The Colchester Police Department (not exactly as illustrated)

Chief Kirker and company (not exactly as illustrated)

During his tenure on the force, the CPD grew from four staffers to 28. But apparently he was still running the place like Andy of Mayberry. Many departmental policies, Murray reports, “hadn’t been updated in 20 years or more.” Morrison has led the department through “multiple rounds of training and leadership development.” Evidence storage has been completely overhauled, with security cameras, a bar-coding system, tamper-proof evidence bags, and a double-locking system that doesn’t allow anyone to have solo access to the room. And:

Personnel evaluations also have become more regular, and employees have been allowed to give feedback on the evaluation process to refine the system. Before Kinney’s arrest, no one had received an evaluation in 20 years.

Yikes: no personnel evaluations for 20 years? That helps explain how Tyler Kinney could have kept control of the CPD’s evidence storage for several years before his gross malfeasance was brought to light.

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Adventures in keeping the peace

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The Burlington Police Department was well-represented at an anti-Ku Klux Klan rally last Thursday. Plenty of cops on hand, just in case things got cray-cray.

Or, in case two people threatened the peace by wearing masks in public.

A video posted on the Free Press’ website shows two young men with Guy Fawkes masks, standing in the crowd, doing absolutely nothing. They are then approached by uniformed officers; an inaudible conversation ensues, after which the two are separated from the crowd and taken into custody.

Their offense: refusing to take off the masks.

Oh, really.

At least the two weren’t charged with a crime. Because THERE WASN’T ONE.

But refusing to unmask is an offense that warrants confrontation, questioning and handcuffing?

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Cops at the monolith

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I have a useful phrase that describes my general approach to new technology: “ape at the monolith.” It refers to the opening scene in “2001: A Space Odyssey” when the apes react to the monolith’s appearance by screaming and throwing stuff. That’s pretty much how I respond to new gadgets and software, except I usually keep the screaming inside my brain.

Well, the Burlington Police Department seems to have the same problem.

VPR’s Taylor Dobbs has a “funny if it wasn’t so sad” report about a shooting incident in September. The incident itself wasn’t funny; a Colchester man was wounded by Burlington police. Today, authorities cleared the officers of any wrongdoing.

From the way the incident was described, it sounds like the right call. But we have to take the officers’ word for it because they turned off their body cameras during the incident, fearing that the cameras’ red lights would compromise their safety.

Trouble is, as Dobbs reports, the users’ manual says the red light can be disabled without turning off the camera.

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A little lip service for the electorate, please

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A lot of concern is being expressed these days over the Norm McAllister case. The disgraced Senator frets over the fairness of any legislative proceeding against him. A fellow Senator says he should be allowed to stay in office until the criminal proceedings are completed, no matter how long it takes. The head of his caucus frets about McAllister’s presence derailing the legislative session. The Senate President Pro Tem frets about establishing a precedent for dealing with the unprecedented: a sitting Senator accused of multiple sex crimes. The Senate Secretary tries to devise a process that’s true to the Legislature’s rules — and tosses a grenade in the direction of Vermont’s media corps:

You can’t do it just on what you guys are printing in the newspaper.

Yeah, how dare we print stuff in the newspaper.

Anyway. Notice anything missing?

Well, I’ll tell you. Nobody, except little ol’ me and some of my regular commenters, is talking about the voters of Franklin County, who have to suffer McAllister’s continued presence as their duly elected representative, or the people of Vermont, who have to suffer an accused sex criminal’s presence in the Legislature.

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Just a simple country farmer

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The latest on alleged sex criminal and Republican Senator Norm McAllister comes by way of this week’s Seven Days, and it ought to be an occasion for liberal schadenfreude over the fact that Republicans are still stuck with this tar baby. In the story, McAllister insists he will not resign and won’t agree to a plea deal. Republicans had been hoping he would change his tune once it became clear that his criminal case wouldn’t be resolved until sometime next year. But his tune, like Yanni’s, remains the same.

Thus, the 2016 legislative session is set to begin with a whole lot of embarrassing questions and an intense focus on the McAllister case. He might even show up for work, which would be the circus of the century. The Senate may try to expel him, which would lead to, presumably, public testimony from the likes of his former Montpelier roomies, Sen. Kevin Mullin and Rep. Tim Corcoran. It would be instructive to hear them explain, under oath, how they remained clueless about what was happening when McAllister had a teenaged “assistant” sharing his bedroom.

The schadenfreude is tempered, however, because the Seven Days article itself is kind of disturbing. It’s basically a one-sided account from McAllister’s point of view, quoting him extensively, painting him as a sympathetic figure, and providing little context or pushback.

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And now, a word from the Department of Corrections’ Corrections Department

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When last I wrote, I brought you the sad, unfinished tale of Valley News columnist Jim Kenyon’s quest for a visit to North Lake Correctional Facility, the Michigan for-profit prison contracted to house surplus Vermont inmates. And I promised an update when I heard from the Shumlin administration.

Well, here it is. Just got a nice call from Corrections Commissioner Lisa Menard and Director of Facility Operations Mike Touchette. The gist: Kenyon’s request got lost in the shuffle, and Menard would be happy to have him tour the prison.

For those just joining us, Kenyon submitted a written request to the Department of Corrections on August 13. There was no response for over a month. And then, DoC simply told him that his request had been passed on to prison operator GEO Group. Kenyon emailed GEO directly on September 25. As of the 30th, he hadn’t gotten an answer. And another reminder: Menard only recently became DoC Commissioner; she replaced Andy Pallito earlier this month.

Which brings us to the present. What about the delay in responding?

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Q: How do you gain access to Vermont’s for-profit prison? A: You don’t.

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Update: For those finding this post afresh, please also read the following entry, which includes the response from the Department of Corrections. 

Here’s a little goodie from Vermont’s Best Newspaper (Out Of State Division), the Valley News. Columnist Jim Kenyon has a problem with the whole concept of for-profit prisons…

The mere concept of for-profit prisons defies logic. [The operator] only gets paid when its prison beds are occupied. It’s not in the financial interests of the company — or its shareholders — to work toward keeping people out of prison.

… what elected officials don’t talk about much is the toll that being so far away from home can have on inmates, their families and their future. Elected officials also gloss over the reasons why GEO and other for-profit prison companies are less costly.

(Kenyon’s essay is behind a semi-permeable paywall. If you sign up for the Valley News email list, you can read up to five articles per month for free.)

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