Category Archives: justice and corrections

Welcome To Another Performance of Retail Theft Kabuki Theater

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Last Friday’s meeting of the House Judiciary Committee was, to the casual observer, devoted to beating the drum for a crackdown on retail theft, the crime formerly known as shoplifting. (Does “retail theft” sound less, I don’t know, recreational than shoplifting? Probably.)

Anyway. There’s precious little evidence to support claims that retail theft is on the rise. The main propagator of this assertion is the National Retail Federation, a lobbying group for the industry that’s been making it easier and easier to steal stuff by cutting staff and instituting self-checkout. The NRF spent years flogging a bogus study that allegedly showed a tsunami of “organized retail crime,” only to retract it last month. Actual crime statistics indicate that “organized” theft accounts for a small fraction of shoplifting. And outside of a handful of major cities, there’s no evidence that retail theft is on the rise at all.

So now the tactics have shifted. We hear much less talk about rampant crime in our malls and downtowns, and more about the “perception” of a problem. People “feel” as though shoplifting is a crisis. Therefore, the argument goes, we must treat it like a crisis.

As a result, House Judiciary is considering an array of crime bills, and it began a scheduled series of hearings on Friday. But if you watched closely, you could detect a bit of nudge-nudge, wink-wink going on. The hearing seemed designed to meet the perception of disorder with the counter-perception of a crackdown than with an actual “tough on crime” offensive.

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Veepies Resurrexit a Mortuis

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It’s been a loooong time since I last awarded the Veepies — @thevpo’s honors for exceptional stupidity in our politics. But the end of the year seems to have brought out the stupid in folks, so here we go!

First off, the Any Old Excuse In a Storm Award goes to the fearless folk who wear the uniform of the Vermont State Police. This has to do with their continuing failure to bring Daniel Banyai into custody. They allowed the original arrest warrant to expire. Now, they seem to be in no hurry to act, in spite of the fact that Banyai is defying a court order to turn himself in.

That’s bad enough, but there’s one singular item in VTDigger’s account that spurred the Veepies Board of Trustees to action. VSP spokesperson Adam Silverman helpfully told Digger that Banyai is one of roughly 5,200 people in Vermont with some kind of active warrant. I guess that’s supposed to impress me? But c’mon now, most of those warrants are not at all time-sensitive. Banyai has been defying justice and terrorizing the town of West Pawlet for years, as chronicled in a recent New Yorker piece. He ought to be on top of the VSP’s priority list, and they shouldn’t have the temerity to even suggest that he’s merely one among thousands.

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You Know Things Are Bad When the Sheriffs Are Ratting Themselves Out

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A little over a year ago, in the midst of multiple scandals surrounding Vermont sheriffs, I asked if we might be better off getting rid of the office entirely. Sheriffs are chosen in extremely low-visibility campaigns; they routinely win re-election whether they’re capable or not; and their finances are tailor-made for exploitation. The office is an appendix from a much earlier stage in our history, and it’s prone to severe infection.

Now it’s gotten bad enough that the sheriffs themselves are calling for change. The Vermont Department of State’s Attorneys and Sheriffs, usually a staunch defender of the profession, wants to require that sheriffs prove their professionalism by holding the state’s top law enforcement certification. And the Vermont Sheriffs’ Association is calling for the resignation of (Only in Journalism Word alert) embattled Franklin County Sheriff John Grismore.

They’re probably a bit late on both counts. The State’s Attorneys and Sheriffs’ stance came in a report mandated by the Legislature, which is clearly honed in on the issue and is likely to see this suggestion as a baseline, not a topline. As for Grismore, well, shortly after the VSA call, he pretty much poured gasoline on his head and set himself on fire in open testimony before a legislative panel considering his impeachment.

So yeah, things are bad in sheriffland and the guys with badges are struggling to contain the damage.

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Hot-Take-a-Palooza

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For those of us who believe Twitter became a hellscape after Elon Musk walked in the door with a kitchen sink, the last few days have been a reminder of why the platform was already kind of a hellscape before that awful day. Specifically, what’s left of Vermont Twitter, which ain’t much, went absolutely to town with bad takes on the shooting of three Palestinian students Saturday night in Burlington.

The common theme: Commenters of all persuasions blew right past the human tragedy in their rush to hammer home their political talking points.

It began, predictably, with the chaos crowd, who seem to take great pleasure in promoting the idea that Burlington has become a cesspit of crime. Wow, three people shot near the UVM campus? Among the tall trees and stately mansions? Time to roll back criminal justice reform and give the BPD whatever it wants!

That sentiment expired as soon as the nationality of the victims became public knowledge. Palestinian collegians wearing keffiyehs? Hardly seemed like a random act.

And then came the cries of “hate crime.” That’s what it turned out to be (pending further revelations about the shooter), but at the time there was no concrete evidence to support the notion. It was all circumstantial. Powerful, but not definitive.

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Let’s Pump the Brakes on This Talk of “Chaos”

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We seem to be approaching yellow journalism territory in press coverage of crime in Burlington. Exhibit A is a headline from the usually reliable Seven Days positing a “Chaotic Night of Crime” in the Queen City.

“Chaotic Night of Crime”? Two men fatally shot in a house in the Old North End. A man robbed of drugs and shot in the foot. A pathetic arson attempt at police headquarters. Three incidents.

It was a bad night. But it was not a “Chaotic Night of Crime.”

In that article, Police Chief (and veteran of the New York Police Department) Jon Murad asserts that he couldn’t “remember a night like this” during his time in the Bronx and Manhattan North.

I’m sorry, that’s not credible. Burlington has problems, but it ain’t the Bronx. Exaggerating the state of things is not helping. It’s just pouring fuel on the fire, if you’ll pardon the analogy.

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Responsibilities and Obligations in the Bristol Shooting Case

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There must have been some serious conversations in Vermont newsrooms on Tuesday. Good God, I surely hope so. Because the results were split, unusually: Our three commercial television news outlets and Seven Days chose to reveal the name and face of the 14-year-old accused in the fatal shooting of a fellow teen, while VTDigger and Vermont Public opted to keep his identity out of it.

There is no hard and fast rule in journalism, or in the law. But identifying a juvenile offender is generally approached with great care and deliberation. The Associated Press’ policy is to not identify juvenile suspects, but there are exceptions: “It may depend on the severity of the alleged crime; whether police have formally released the juvenile’s name; and whether the juvenile has been formally charged as an adult.”

At first, this case seemed to fit the AP’s criteria. The suspect was charged as an adult, a conviction could bring a life sentence, and authorities did nothing to guard his identity. In court on Tuesday, he was wearing shackles and a bright red prison jumpsuit.

Problem is, the circumstances may change in a way that would have argued for concealing his identity. The prosecutor, Addison County State’s Attorney Eva Vekos, seems to be struggling to explain her rationale for bringing a murder charge and treating the suspect as an adult.

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This Is Fear Country

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Since October 5, there have been seven eight suspicious deaths in rural Vermont. Yes, that’s a lot. But it’s not so far out of character as we’d like to believe for our oft-celebrated countryside. Which in our mind’s eye looks less like the above and more like the below:

There is, in truth, plenty of both in rural Vermont. On balance, though, probably more of the former than the latter. Rural Vermont, like rural America, can be beautiful and ghastly, peaceful and dangerous, prosperous and abandoned.

It would behoove us to hold both pictures in mind. It might help break down the imaginary barriers between our suspect cities, full of drugs, crime, and recent arrivals, and our countryside, a paradise of scenic beauty and hardworking people. You know, the “real Vermonters” living in the “real Vermont.”

What bullshit.

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If They’re Pondering a Rebrand, I Suggest “Illpath”

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Vermont’s three-year prison health care contract with troubled provider Wellpath is off to a whizbang start. Right off the bat, 15 inmates at the Northwest State Correctional Facility were given the wrong medication by Wellpath providers for their substance use disorder. And now, we have a Wellpath employee in a highly responsible position who has — well, I’d call it a “checkered past” except that all the squares seem to be the same color.

In September, Wellpath hired Robert Stevenson to be its top employee at the Southern State Correctional Facility. Turns out Stevenson lost his nursing license in three different states for “diverting or wasting opioids,” according to VTDigger.

And we only know this because one of his subordinates looked up his record, discovered his malfeasances, and reported it to Wellpath. Its response? The whistleblower was fired.

I’d call this a clown car, but that would be unfair to clowns.

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Counting the Costs of Leadership Failure

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In one of his novels, Vermont’s own crime novelist Archer Mayor chose the well-kept, comfortable town of Middlebury as the scene of a Hollywood-style gun battle with the goodies and baddies firing away at each other as they drove through the center of town. Many years ago I interviewed him about the book, and he confessed to a certain sly pleasure at foisting his fictional violence on that tony, tweedy community.

Well, now the good folk of Middlebury are suddenly experiencing, if not volleys of hot lead, an uncharacteristic feeling of insecurity. And we can lay this directly at the feet of state leaders, executive and legislative, who have failed to come to grips with our crises of homelessness, substance use, and mental health.

Remember last winter when housing advocates predicted dire consequences if the state were to end its emergency motel voucher program, and warned that the short-term savings from killing the program would be far outweighed by the costs of dealing with the fallout?

Welcome to Middlebury, where unhoused folk are camping on public land. There have been incidents of vandalism. People feel unsafe. Merchants are installing cameras and exterior lights and worrying about lost business. Police are overextended. Helping agencies are struggling with too many cases and too few resources.

It all came to a head at the October 10 meeting of the town selectboard, viewable on YouTube and recounted quite skillfully by John Flowers of the Addison Independent in a story entitled “Local Merchants Rail Against Uptick in Downtown Crime.” And rail they surely did.

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Sending Inmates to an Out-of-State, For-Profit Prison Is a Choice, Not a Necessity

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Last month, the Vermont Department of Corrections signed a two-year contract to continue sending inmates to a for-profit prison conveniently located in Mississippi (a mere 21-hour, 1,400-mile drive from Montpelier. Great for family visitation, no?

The news filled my head with numbers and questions. The biggest is revealed in the above chart, provided by the Corrections Department: Vermont’s inmate population has plunged by nearly half since 2009, from a high around 2,400 to 1,331 (population average since January 2019 per DOC).

So if the prison census has dropped so dramatically, why can’t we keep all our inmates right here in Vermont?

Well, the short answer is, we probably could. Especially if we enacted some basic criminal justice reforms. But the Scott administration doesn’t take kindly to such ideas, and our Democratic Legislature tends to be extremely skittish about them. So, contract extension with everyone’s favorite prison profiteer, CoreCivic. Yay?

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