Category Archives: justice and corrections

So Hey, Department of Corrections, How Goes the “Culture Change”?

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You know it’s serious when a report from State Auditor Doug Hoffer (a) gets a lot of media attention and (b) prompts a chastened response from state officialdom.

That’s just what happened Monday with the release of Hoffer’s performance audit of the Department of Corrections’ prisoner grievance process. A process that was so lacking that Hoffer couldn’t even conduct a full audit because of poor recordkeeping. A process so lacking that to even call it a “process” is an indignity against the English language.

And no, I’m not exaggerating. Hoffer found that DOC records do not “have reliable, basic information to determine the number, type, status or outcome of prisoner grievances.”

Aside from that, Mrs. Lincoln, how was the play?

But wait, there’s more! Inaccurate data, missing records, no submission or response dates, inadequate training for staffers who use the system, and no DOC administrator specifically tasked with managing the grievance process.

It’s a great system if your goal is to avoid accountability.

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Some Questions Need to be Answered About the Red Flag Law — UPDATED

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Note: This post has been updated with figures from Lamoille County.

It’s been almost five years since Gov. Phil Scott signed a package of gun bills into law on the Statehouse steps. One of them was a so-called “red flag” law, which allows police to temporarily take firearms away from people deemed to be an immediate risk to themselves or others.

This was a popular alternative to tougher gun restrictions, endorsed by quite a few Republicans including then-president Donald Trump. But how has the idea worked in practice?

Well, according to the Associated Press, not all that well. The AP reported that in many jurisdictions, red flag laws are so rarely used they might as well not exist.

AP found such laws in 19 states and the District of Columbia were used to remove firearms from people 15,049 times since 2020, fewer than 10 per 100,000 adult residents. Experts called that woefully low and not nearly enough to make a dent in gun violence…

In Chicago, the Illinois law was used only four times. New Mexico’s law was employed eight times. In liberal old Massachusetts, the red flag law was used a whopping 12 times.

It’s a different story in Vermont. But there are still questions to answer about our red flag law in practice.

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This Isn’t Gonna End Well

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VTDigger greets us with a happy little tale from Rutland of a vigilante band taking the law into their own hands. The story is pretty thorough and goes on at some length. It’s alarming stuff, although the local cops and county prosecutor seem to be just fine with it. I mean, this could be nothing more than Neighborhood Watch on steroids, but the story leads with a shoplifter being confronted and assaulted by members of the “Rutland City Patrol.” Not a good sign.

Especially when you look at the above photo, which accompanied the Digger story. There’s the cheap-looking “Rutland City Patrol” magnetic sign. And then there’s a second sign that’s clearly associated with Blue Lives Matter.

The article doesn’t mention that. Kind of an important point, don’t you think?

“I got your six” means “I’ve got your back.” It’s used in many contexts. On its own, it’s benign. But when it’s paired with the black, white and blue flag, it’s Blue Lives Matter. And that creates a whole different context for the story and for the City Patrol.

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This Sheriff Business is Even Weirder Than I Thought

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Recently, I totted up all the recent scandals involving Vermont’s county sheriffs and asked whether we could do without that archaic institution.

Well, now I’ve dipped a toe into sheriff’s department finances, and this whole thing is a lot weirder than I realized. Not necessarily corrupt, but curious, inconsistent, poorly conceived, and sometimes mismanaged.

This is going to take a while, so I’ll summarize the key points up top.

Sheriffs are effectively proprietors of sizable small businesses. They have to be entrepreneurial to keep the lights on because state funding accounts for only a fraction of their expenses. The sheriffs make up the rest by selling their department’s services to anyone who needs policing or security. Sheriffs often handle policing for small communities — for a price. They also work for road contractors, public events, school districts, and other entities both public and private. (The Rutland County Sheriff collected close to $60,000 from the Diamond Run Mall.)

By law, sheriffs are entitled to a 5% cut of all their service contracts. They don’t all take it. Some plow the money back into the department to cover expenses. In many counties, there’s no way of telling how much of a cut the sheriff is collecting. But that 5% can hit the high five figures or even cross into six figures. It’s a lot of money.

The need to be entrepreneurial, and the prospect of collecting a share of every contract, create a strong incentive to expand offerings and find new “markets” for armed officers of the law. This is what leads to scams like the speed trap in Bridgewater, which benefits the town and the Windsor County Sheriff at the expense of inattentive drivers. Honestly, I’d be surprised if there weren’t more such things going on.

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Do We Really Need County Sheriffs?

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The aggravating case of John Grismore may be an outlier, but it’s only one of many problems and scandals involving county sheriffs. So much so, that it makes you wonder if the office itself is worth all the trouble.

Grismore is the sheriff-elect of Franklin County, a fact only explicable by the fact that most voters have no idea what they’re doing when they choose a sheriff. Or side judge, for that matter.

Grismore has had quite the year. He was a captain in the FCSD who won the endorsement of outgoing sheriff Roger Langevin. That was enough to scare off any other potential candidates. Then, two days before the primary election, he was caught on security camera kicking a suspect in custody multiple times (in the groin at least twice) while the man was shackled to a bench.

Then, before the assault became public knowledge, Grismore won the Republican and Democratic primaries. Nine days after the primary, Langevin announced that Grismore had been fired, and also rescinded his endorsement. The leaders of both county party committees said they considered Grismore unfit to serve.

Even after all that, Grismore won the November election against two write-in candidates. Now, Franklin County lawmakers are considering impeachment, but that seems unlikely because it’s a time-consuming process and many lawmakers don’t like going out on a limb. So this guy will apparently be sheriff for four long years despite the fact that the county state’s attorney is preparing a Brady letter branding Grismore as an unreliable witness.

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Big Ol’ Cop Whines Like a Baby

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Oh noes, Northfield Police Chief John Helfant has a bad case of the hurt fee-fees. Helfant, who has somehow kept his job despite being labeled as an unreliable witness by the Washington County State’s Attorney, claims he’s a victim of retaliation for his bigoted comments about transgender athletes.

Let’s back up a minute. Helfant felt it necessary to wade into the controversy triggered by a disgrace-to-journalism report by WCAX-TV, since taken down and banished to purgatory, about the situation with the Randolph High School girls’ volleyball team. WCAX’s original report, for which it has failed to apologize and devoutly wishes would go away forever, featured one interview with an athlete who, at the bidding of her mother, went public with a complaint about a transgender team member. By all other accounts, she made up some shit about being harassed by the trans girl.

Helfant, who previously made a fuss about a Black Lives Matter flag at the high school, wrote a letter to school officials complaining about the equal accommodation offered to the trans girl and accusing the district of abetting criminal activity. Just to be sure it went public, he offered it up for publication by the Vermont Daily Chronicle. In it, Helfant repeatedly referred to trans girls as “biological males” or even as “male students” and called for them to be segregated in locker rooms and bathrooms. He wrote that the district might be criminal accessories to voyeurism for allowing the trans girl — oh, pardon me, “male student” — to use the gender-appropriate locker room.

The district has temporarily removed him as a volunteer coach for the girls’ soccer team, citing unfinished paperwork related to the customary background check for school coaches. You know, because there have been so many instances of youth coaches sexually abusing their charges, background checks seem like a good idea, no exceptions, even if you’re a police chief. Or, say, a Catholic priest.

Maybe it’s retaliation, I don’t know. But if I were running the district, Helfant would be kicked to the curb for good.

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All the Tropes, All the Dog Whistles

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I am not bound by the journalistic tradition of staying away from political reporting while the polls are open, and there are a couple things I’m itching to write about: Whether Molly Gray is burning every available bridge in the desperate closing days of her campaign, and how Ted Kenney’s stand on substance abuse reveals him to be unqualified for the position he seeks.

But Gray and Kenney won’t be relevant much longer, and Kenney’s statement is only the second stupidest I’ve seen from a Vermont lawyer this week.

Number one with a (metaphorical) bullet is Grand Isle State’s Attorney Doug DiSabito’s letter depicting Burlington as a lawless hellhole with gunfights and stickups around every corner and no home safe from invasion. The letter he was so proud of that he posted it on Twitter. Good God.

I was 13 years old in 1967. Two years earlier, my family had moved from the placid provinces of western Michigan to a Detroit suburb. Then the ’67 riots happened.

It was an upscale burb, but we lived only seven miles away from the Detroit border. My mom kind of freaked out, believing (as many suburbanites did) that the angry hordes would tire of burning their own neighborhoods and storm en masse up Woodward Avenue, looting and trashing their way through White Folks World.

It didn’t happen, but a remnant of those days remained: a corner of our basement where my mom loaded up the shelves with nonperishable food. You know, to keep us fed in case the supermarkets were all destroyed, deliveries stopped coming, and bands of you-know-who were terrorizing the neighborhoods.

It was serious at the time and more than a little racist, but eventually it became a reserve pantry, a useful add-on to our tiny kitchen.

I see the rotten, fearful spirit of those days in DiSabito’s letter. It’s not pretty.

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Sarah Fair George Needs to Kick Ted Kenney’s Ass All Over Chittenden County

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The ability of TV cops and lawyers to mete out justice in a cool 42 minutes notwithstanding, America’s criminal justice system is an unholy mess and a human rights catastrophe. We lead the planet in prison population and incarceration rate.

According to World Population Review, the United States is the only country on earth with more than two million people behind bars. China is second in the counting stat with 1.7 million — but they have a much larger population, so its incarceration rate is pretty reasonable, actually.

Our rate is, hip hip hooray, number one in the world. 629 of every 100,000 Americans is behind bars. We’re the only country over 600. There are only four other countries over 500, and it’s not a group you want to be part of. The four are Rwanda, Turkmenistan, El Salvador, and Cuba.

And yet we often live in fear of crime and violence. Funny, huh?

The system badly needs an overhaul. Progressive prosecutors around the country are trying to nibble away at the worst excesses of the system. They need to be supported and validated by the voters.

Which is why incumbent Sarah Fair George not only has to win the Democratic primary for Chittenden County State’s Attorney, but she has to win by the widest possible margin. Ted Kenney has to lose, and lose badly.

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Let’s Not Blame the Prosecutor

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I don’t know if the Ted Kenney campaign will have the gall to capitalize on Monday’s fatal shooting in Burlington, but if they don’t shout it from the rooftops, they will surely whisper it in the shadows. It seems like a political gift from the heavens for a tough-on-crime candidate looking to displace a progressive prosecutor.

But here’s the thing that caught my eye:

Using an AR-15 rifle, Dixon shot 22-year-old Kayla Noonan, a UVM student from New Jersey, and another 22-year-old woman who police have not identified, striking her multiple times, [Burlington Police Chief Jon] Murad said. Dixon subsequently shot and killed himself, the chief said.

Noonan was pronounced dead at the scene.

An AR-15, the gun of choice for mass murderers. Available for purchase just about anywhere.

Yeah, that’s not Sarah Fair George’s fault.

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Mr. Kenney Declines (UPDATED With Fresh Perfidy)

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The busy beavers at the Vermont ACLU are giving some attention to the seldom-considered races for state’s attorney, especially the contested primaries in Addison, Chittenden, and Washington Counties. They’ve distributed an issues questionnaire, and they’re sponsoring a candidate forum on July 28 featuring the candidates from those three counties.

Well, most of them, anyway.

Declining to participate in the forum, you’ll be shocked to learn, is Ted Kenney, challenger to Chittenden incumbent Sarah Fair George and advocate of a vaguely defined admixture of reform and lock-’em-up.

Kenney also failed to return the ACLU’s candidate survey.

I guess it’s no surprise, since the ACLU supports the kind of reforms that George has championed. But it’s disappointing. I mean, if Kenney is tough enough to clean up Chittenden County, surely he’s got the cojones (or ovaries, if you prefer) to handle a skeptical encounter with a legitimate advocacy group.

Late add. I’ve been told that Kenney repeatedly stiffed the Chittenden County Democrats, who invited him to a forum. He told them he couldn’t make any of the suggested dates but never proposed any alternatives. So there’s that.

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