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Monday, June 29, 2020

Posted By on Mon, Jun 29, 2020 at 6:19 PM

click to enlarge Former St. Albans Cop Charged With Assaulting Prisoner in 2017
File: Taylor Dobbs
Attorney General T.J. Donovan
Updated on June 30, 2020.

The Vermont Attorney General's Office on Monday charged a former St. Albans police officer with assault for pepper-spraying a handcuffed man in a holding cell in 2017.

Vermont Attorney General T.J. Donovan initially declined to prosecute former corporal Joel Daugreilh in 2018, but he reopened the case in January when Vermont Public Radio requested video of the incident.

By that time, St. Albans police were facing public scrutiny over a different case in which a former sergeant, Jason Lawton, punched a handcuffed woman in a holding cell. Donovan's office charged Lawton with assault in November 2019. That case is pending.  Daugreilh resigned from the St. Albans force during an internal investigation into the pepper-spraying incident. Faced with a request for public records about the case from VPR, Donovan told the news outlet that he'd discovered "new information" about the incident and would hire a use-of-force expert to review it.

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Friday, June 26, 2020

Posted By on Fri, Jun 26, 2020 at 9:49 PM

click to enlarge Ridin' High Owner Gets Probation for Federal Pot Charge
File: Matthew Roy
Ridin' High skate shop
“Big John” will do little time.

John Van Hazinga, the 42-year-old owner of the Ridin’ High skate shop in Burlington, was sentenced on Friday to five years federal probation after pleading guilty to a single felony count of distributing marijuana.

Van Hazinga must also turn over about $67,000 in seized drug proceeds and will be required to amend his tax returns to account for his ill-gotten gains.

Reached by phone Friday, Van Hazinga said he was “very happy” with the sentence. He’s joined Alcoholics Anonymous, is seeing mental health and drug counselors, and has given up weed, drugs and alcohol.

“I wish we had Bernie Sanders really running for the presidency, because then the whole attack on me would be reduced,” Van Hazinga said. “But, you know, we all gotta do what we gotta do. My lungs are so much better without me smoking so much.”

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Posted By on Fri, Jun 26, 2020 at 9:49 PM

click to enlarge Vermont Legislature Passes Police Reform Bill
File: James Buck
Protesters listen to speakers at a demonstration in Montpelier
Vermont House lawmakers on Friday unanimously endorsed a bill that would ban police from using chokeholds, condition grant funding on data reporting requirements and mandate that all state troopers wear body cameras.

The bill, S.219, also commits lawmakers to consider further reform measures in the years ahead in recognition of the societal awakening that has occurred since the death last month of George Floyd.

The Senate unanimously approved the bill last week and — after some last-minute jockeying with the House before adjourning for two months — concurred with the lower chamber's version late Friday night. The bill now heads to Gov. Phil Scott, who has signaled his support for police reforms.

"We're living in tumultuous times, and we all know there have been sweeping calls to drastically change law enforcement," said Rep. Nader Hashim (D-Dummerston), a former state trooper, as he virtually presented the bill on the floor.

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Wednesday, June 24, 2020

Posted By on Wed, Jun 24, 2020 at 2:29 PM

Bennington Settles Police Racial Profiling Case for $30K
Daniel Fishel
A Black man who claimed Bennington police racially profiled him has settled with the town for $30,000, the American Civil Liberties Union of Vermont said Wednesday.

Police were looking for a drug dealer in July 2013 when an undercover officer spotted Shamel Alexander riding in the backseat of a New York taxi. Officer Andy Hunt pulled over the cabbie and eventually questioned Alexander. Alexander was not the dealer police were seeking, but, after searching his bag, the officer found $1,500 worth of heroin.

Alexander was later convicted and sentenced by a state judge to 10 years in prison, despite having no criminal history. He appealed to the Vermont Supreme Court, which vacated the conviction in 2016 on the grounds that police had no lawful basis to stop Alexander.
Alexander also sued the Town of Bennington for civil rights violations, claiming his arrest was part of a pattern of racial profiling by the Bennington Police Department.

Bennington twice tried unsuccessfully to get the case dismissed before agreeing to settle, the ACLU said.

"Our client is grateful to have this case resolved, having shined a spotlight on system-wide discriminatory police practices in Bennington," staff attorney Lia Ernst said in a press release. "This settlement does not alleviate the need for top-to-bottom changes to a deeply troubled police department and to a municipal leadership that continues to deny there is even a problem with unconstitutional police practices in Bennington."

Town Manager Stuart Hurd said the municipality did not admit liability as part of the settlement. "This has been pending for four years," he wrote in an email. "All parties agreed it’s best to avoid further long and protracted litigation."
A 2017 study by University of Vermont economics professor Stephanie Seguino found that Bennington police stopped Black drivers at more than double the rate of white drivers. It was one of the worst racial disparities in the state, the researchers found. The study was cited as part of Alexander's civil rights lawsuit and criticized by the Town of Bennington as "seriously flawed."

A 2019 study by the Montpelier-based Crime Research Group was also highly critical of Seguino's earlier work. Its analysis found no racial disparities in traffic stops by Bennington police.
Earlier this year, an outside report by the International Association of Chiefs of Police critiqued the Bennington department for a "warrior" culture and found many residents didn't trust its officers.

The town selectboard commissioned the review in wake of criticism that police mishandled harassment allegations reported by former state representative Kiah Morris. Morris, the only woman of color in the legislature at the time, cited racist harassment in later resigning her seat.

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Tuesday, June 23, 2020

Posted By on Tue, Jun 23, 2020 at 11:21 PM

click to enlarge City Attorney Prevents Burlington Police Commission From Asking Officers to Resign
File: Courtney Lamdin
Jabulani Gamache
The Burlington Police Commission's apparent attempt to ask three Queen City cops to resign was derailed Tuesday night when City Attorney Eileen Blackwood stopped the conversation before it even started.

Newly appointed commission chair Jabulani Gamache was scheduled to lead a discussion on a statement about Sgt. Jason Bellavance and officers Cory Campbell and Joseph Corrow, all of whom have had violent interactions with members of the public. But when the agenda item came up, Gamache said he'd been warned not to proceed.

"I'm going to have Eileen Blackwood, I guess, explain why I cannot talk about this," he said.

Gamache never explicitly detailed the statement, but the commission's ensuing debate — and Blackwood's direct warning — made clear what it said.

"Moving to ask officers to resign could be construed as what in legal doctrine is known as constructive discharge," Blackwood said. "It is equivalent to firing somebody."

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Monday, June 22, 2020

Posted By on Mon, Jun 22, 2020 at 10:45 PM

click to enlarge Burlington Councilors Hear From Chief on Proposed Police Cuts
James Buck
Protesters last week marched to Mayor Miro Weinberger's house
Burlington city councilors quizzed acting Police Chief Jon Murad for more than two hours Monday night during a special budget work session focused on police spending.

The conversation centered on demands from activists that the city cut 30 percent of its police force, remove police officers from Burlington schools and fire cops who have engaged in violent behavior. Department brass and the police union have argued that an immediate 30 percent cut would be dangerous.

"It's got to be done in a way that is intelligent and intentional," Murad said Monday night. "You can't turn off the only responsive agency without building viable alternatives."

Most councilors gave no real indication of how they'll vote on — or seek to modify — Mayor Miro Weinberger's fiscal year 2021 budget proposal, which includes trims of $1.1 million, or 6 percent, from the police budget he originally proposed. The vote is scheduled for June 29.

The mayor's plan leaves 12 officer positions vacant but otherwise keeps the department intact. Just $300,000 of the savings would be diverted to programs that promote racial justice; the remaining $800,000 is earmarked to help fill a $12 million coronavirus-related budget deficit, unless the city receives more revenue than expected.

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Posted By on Mon, Jun 22, 2020 at 5:30 PM

click to enlarge State Plans to Resume Probe Into Prison Abuse Allegations
File: Jeb Wallace-Brodeur
Secretary of Human Services Mike Smith
Vermont officials say they hope to soon resume an investigation into allegations of wrongdoing at the state's only prison for women, though a new inmate coronavirus case could jeopardize their timeline.

Human Services Secretary Mike Smith initiated the independent probe last December after Seven Days uncovered allegations of sexual misconduct, drug use and retaliation within the Chittenden Regional Correctional Facility.

Smith told Seven Days earlier this month that the investigation had been suspended, citing safety concerns related to the pandemic. But last week, he said that the state must forge ahead with the review in light of yet another allegation of misconduct — this time involving a Department of Corrections probation officer from Brattleboro.

"We can't allow this to happen," Smith said at a press conference last Friday, one day after the officer was arrested for sexual misconduct with a woman he was supervising.

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Friday, June 19, 2020

Posted By on Fri, Jun 19, 2020 at 7:30 PM

click to enlarge Legislators Fast-Track Some Police Reforms, Plan More Work on Others
File: James Buck
Demonstrators passing a police car in Burlington
Vermont lawmakers are fast-tracking some straightforward police reform measures but plan to take more time with potentially controversial changes, such when police officers are justified in using deadly force.

The dual tracks reflect the pressure lawmakers feel to act both quickly and deliberately as they participate in the painful debate about racism and police brutality that has convulsed the nation since the death of George Floyd.

Floyd, an unarmed Black man, was killed last month in Minneapolis when a white police officer pressed his knee on his neck for 8 minutes and 46 seconds.

After taking testimony for two weeks, the Senate Judiciary Committee on Friday divided a police reform bill into two parts in an effort to ensure the reforms in S. 219 — including assurances that police collect and report race data — can be passed by both chambers of the General Assembly by the end of this month.

The committee moved provisions dealing with police use of deadly force into a separate bill, S. 119, because House members wanted more time to take up the complex measure after the August break, Sen. Dick Sears (D-Bennington) told his colleagues Friday.

Both bills passed out of the Judiciary Committee on Friday, which Sears noted was “appropriate” given the Juneteenth holiday celebrating the end of slavery in the U.S.

“Hopefully they will make a difference,” Sears said of the two bills.

The first bill simply requires that in order for law enforcement organizations to receive state grants, they must show that they have complied with existing laws requiring the collection of race data in police interactions with the public.

Police agencies already must gather information on the age, race and gender of drivers, as well as the reason for and outcome of traffic stops. The bill would require additional reporting of whether police threatened or used physical force, whether any injury resulted, and whether a "prohibited restraint" was used.

“The goal of this section is a ban on chokeholds,” Sears said Friday.

The bill defines such restraints as “any maneuver on a person that applies pressure to the neck, throat, windpipe, or carotid artery that may prevent or hinder breathing, reduce intake of air, or impede the flow of blood or oxygen to the brain.”

The committee removed references in the draft to “spine” and “torso” after Minority Leader Joe Benning (R-Caledonia) said there might be times when an officer legitimately needs to sit on a suspect who is “flipping out” and endangering others.

The bill also defines an officer's failure to intervene when another officer uses excessive force as unprofessional conduct.

The bill would require the Department of Public Safety to ensure that all state police have body cameras, and to submit a budget for such purchases to lawmakers by August. The bill would go into effect August 1.

The sections regarding the use of deadly force were moved to a separate bill that would go into effect October 1. S.119 deals with “law enforcement training on appropriate use of force, de-escalation tactics, and cross-cultural awareness.”

The bill would establish a statewide policy that clarifies that the use of physical force “is a serious responsibility that shall be exercised judiciously and with respect for human rights and dignity and for the sanctity of every human life.”

Officers can use deadly force “only when necessary in defense of human life,” and “shall be evaluated” by others “based on the totality of the circumstances known to or perceived by the officer at the time.” The bill stresses that officers could use “proportional force if necessary to effect the arrest, to prevent escape, or to overcome resistance” of a suspect.

On this point, Sears invoked Floyd's killing. “We had a person who is alleged to have passed a $20 bill in a store in Minneapolis and the whole arrest, restraint, everything results in that man’s death," Sears said. "Is that proportional to the crime?”

The full Senate is expected to take the bills up next week.

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Thursday, June 18, 2020

Posted By on Thu, Jun 18, 2020 at 9:32 PM

click to enlarge Probation Officer Arrested for Sexual Exploitation of a Supervisee
Vermont State Police
Joshua Russ
The Vermont State Police on Thursday arrested a Department of Corrections probation officer for sexual misconduct with a woman he was supervising.

Joshua Russ, a 35-year-old Brattleboro resident, was charged with sexual exploitation of an inmate and prostitution. He was being held at Southern State Correctional Center in Springfield for lack of bail and was scheduled to be arraigned on Friday.

According to the state police, the alleged victim reported to the Brattleboro Probation and Parole Office on May 29 that Russ had paid her for oral sex three to four times starting in January. The Department of Corrections said in a statement that it placed Russ on administrative leave that day and referred the matter to law enforcement. The Brattleboro Police Department initially investigated, but the state police later took over.

Authorities subsequently discovered text messages between Russ and the alleged victim that appeared to corroborate the allegation, the state police said.

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Tuesday, June 16, 2020

Posted By on Tue, Jun 16, 2020 at 9:38 PM

click to enlarge Burlington Police Commission Approves New Use-of-Force Policy
File: James Buck
Demonstrators at a May 30 rally
The Burlington Police Commission approved a new use-of-force policy for the city police department Tuesday evening after months of delay caused by the coronavirus pandemic.

The seven-member citizen commission approved the policy 5-1, with Commissioner Yuol Herjok Yuol casting the "no" vote. Commissioner Mark Hughes voted "present" after airing concerns that the commission didn't have enough time to review the final draft.

Commissioner Randall Harp said the policy is much stronger than the previous version but noted that the directive alone can't hold officers accountable for using excessive force.

"Policies are important to have as a necessary condition for getting officer accountability and getting the kind of culture that you want out of a police force," Harp said before the vote. "In many respects, this is a very good policy."

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