Burlington Police Officer Cory Campbell violated departmental rules last year when he swore at Douglas Kilburn in the moments before an altercation that led to the 54-year-old man's death, police said Friday.

Campbell received a written reprimand for his conduct but remains a "valued member of this department," Acting Chief Jon Murad said in a Friday afternoon press release. 

The encounter between Campbell and Kilburn outside the University of Vermont Medical Center last March escalated quickly once Campbell yelled for Kilburn, who was arguing with private security from the driver's seat of his SUV, to "shut the fuck up and leave."

Kilburn responded, "You ain't got a right to swear at me, motherfucker!" opened his car door, and struck Campbell in the face.
Campbell returned several bone-breaking punches that the state medical examiner said contributed to Kilburn's untimely death a few days later.

Two veteran Vermont law enforcement officials will lead the state's response to a scandal in its prison system.

Secretary of Human Services Mike Smith on Friday named former Vermont State Police director Jim Baker to serve as commissioner of the state Department of Corrections on an interim basis. Smith also hired Tristram Coffin, a former U.S. attorney for Vermont, to lead an investigation into alleged wrongdoing in the department.

The moves come more than three weeks after Seven Days published an investigation into allegations of sexual misconduct, drug use and retaliation at Chittenden Regional Correctional Facility, the state's sole prison for women. The story and subsequent coverage of the department prompted corrections commissioner Mike Touchette to resign last week.

Smith, whose Agency of Human Services oversees the department, conducted a short-term probe of the state's prison system and promised to hire an external law firm to lead a more intensive investigation. The secretary announced Friday that Coffin's firm, Downs Rachlin Martin, had been selected for the job. The firm will spend up to 120 days investigating Chittenden Regional and will also have access to other prisons in the state system.
A longtime Vermont attorney and former aide to U.S. Sen. Patrick Leahy (D-Vt.), Coffin served as U.S. attorney from 2009 through 2014.

Baker, who spent three decades with the Vermont State Police, ran the agency from 2006 until 2009. He has also served as interim director of the Vermont Police Academy, chief of the Rutland Police Department and director of advocacy for the International Association of Chiefs of Police. He will serve as interim commissioner until Coffin's investigation is completed, Smith said, at which point a more permanent commissioner will be named.

In a report to Gov. Phil Scott, Secretary of Human Services Mike Smith has proposed expanding state law to criminalize sexual relationships between Department of Corrections employees and those on probation, parole and furlough.

The report, which was delivered to the governor on Friday and released to the public Monday, includes several other recommendations to reform Vermont's troubled prison system. Smith called on the legislature to require drug testing for all corrections officers, and he said the state must reform the way it investigates employees accused of misconduct.

The secretary took particular aim at the state's practice of reaching confidential agreements with those accused of wrongdoing and shuffling them to other positions with similar pay. "While a settlement may be more expedient or limit financial liability to the state, there are clearly deeper repercussions," Smith wrote. "This practice needs to stop."

Smith penned the report in response to a Seven Days investigation into sexual misconduct, drug use and retaliation at the Chittenden Regional Correctional Facility, a South Burlington prison that houses the state's 135 female inmates. In that story and in subsequent reporting, Seven Days found that inmates and officers repeatedly reported wrongdoing, but state officials did not always take action.

"DOC has been working to develop a culture of continuous improvement," Smith wrote. "Clearly, these cases indicate the state must do more, faster and better, to support the work and hold people fully accountable. We cannot shirk our responsibility to address culture change."

Chittenden County State's Attorney Sarah George on Wednesday filed motions in Vermont Superior Court to reduce the sentences of two inmates incarcerated at the state's troubled women's prison.

Earlier this week, George reached change-of-plea agreements with another two female inmates, making them immediately eligible for release from the Chittenden Regional Correctional Facility. She said she is continuing to work on cases involving five more women her office has sent to the South Burlington prison.

George said that a Seven Days investigation into alleged abuses at Chittenden Regional had prompted her to review the sentences of the roughly 22 women currently incarcerated at the prison whose cases originated in Chittenden County.

"Your story has been an eye-opener for a lot of us to really figure out whether we have people in this jail that don't need to be," she said. "So it's my way of trying to do my part to make this situation safer for some of these women — and make the community safer."Among the women who reached change-of-plea agreements with George's office was Penny Powers, a key figure in Seven Days' investigation. Powers told prison officials in October that a longtime officer at Chittenden Regional, Daniel Zorzi, had taken her and another woman to a Colchester cabin in July for a night of drug use and sex. Both women were out of prison at the time but still under the supervision of the Department of Corrections. Zorzi, who has declined to comment to Seven Days, is under investigation by the Vermont State Police.

Updated at 11:31 p.m.

Mike Touchette has resigned as commissioner of the Vermont Department of Corrections, according to Secretary of Human Services Mike Smith.

The news comes two weeks after Seven Days published an investigation into the state’s only prison for women. The report found a pattern of sexual misconduct, drug use and retaliation at the Chittenden Regional Correctional Facility in South Burlington.

“The decision to step down was not an easy one, as I continue to believe that we have been on the right path in making necessary changes and updates to our system of care for all in corrections,” Touchette told Seven Days in a written statement. “At this point in time, I feel that I need to find a better balance between my career and personal life.”

Smith said Wednesday that Touchette had tendered his resignation on Monday afternoon, explaining that fallout from the investigation had “taken an enormous toll on him.”

“He’s a human being,” Smith said. “He just felt that it was best for him and best for his department that he resign.”
The secretary said he had not asked for Touchette’s resignation and had not yet determined whether he would have asked the commissioner to continue serving. In an interview late Wednesday, Gov. Phil Scott said that he also had not asked Touchette to resign.

“I can’t say that I was shocked, but maybe more surprised at this stage,” the governor said, adding that it remained unclear whether Touchette was responsible for any wrongdoing at the department he ran.

Scott said that he had spoken briefly with Smith on Tuesday about the crisis in the state prison system. “He did offer that things are going to get worse before they get better,” the governor said.

Touchette first joined the department three decades ago as a corrections officer. He worked his way up the ranks to deputy commissioner and, in November 2018, was appointed commissioner.

According to Smith, Touchette has invoked his right as a longtime state worker to return to a classified job within the government. It was not immediately clear what position he would fill.

Smith said Wednesday that Deputy Corrections Commissioner Judy Henkin would lead the department until he named an interim commissioner. The secretary said he had contacted several people to gauge their interest in the role. “In this interim period, I want somebody in there that preferably would be [from the] outside,” he said.
Smith plans to make initial recommendations to the governor later this week about immediate steps the department could take to improve staffing and training. He also expects to announce an independent investigation to be conducted by an outside entity that could take as long as 120 days. Smith said that a permanent commissioner would not be named until that review is completed.

The secretary said that he did not immediately announce Touchette’s resignation on Monday because he expected to be unavailable Tuesday and wanted to ensure that he could answer questions from the press about the personnel change. VTDigger.org first reported the news Wednesday morning. Smith then notified Agency of Human Services staff by email.

“I want to express my gratitude for his years of service, continued service and commitment to the Department of Corrections,” Smith said in the email. “Many people have expressed their admiration for Mike, and their appreciation for the work he has undertaken to make the Department better and more successful.”

Scott said that while he did not know Touchette well, he had been “impressed with his background — that he came from the rank and file and worked his way up.” The governor added, “In the last couple of days, there have been a number of people from the community involved with corrections who have come forward and praised him for the work that he’s done.”

Touchette had been contemplating his role in the department since Seven Days’ investigation of Chittenden Regional was first published. At a forum last week in Burlington, he said he had considered resigning but had decided to stick it out.

“I have not done anything wrong,” Touchette said. “I stand by everything that I’ve done as commissioner. I’m very proud of the work that we’ve done. We have a lot more work to do.”

Though the commissioner initially suggested to Seven Days that he had been unaware of allegations of drug use by a supervisor at Chittenden Regional, subsequent reporting demonstrated that he had, in fact, been informed. The newspaper later reported that a former corrections officer had complained to Touchette about the abusive behavior of a senior DOC official. That official remained on staff for another four years.

Soon after Seven Days published its initial investigation, Smith temporarily removed the South Burlington women’s prison from the DOC chain of command — essentially relieving Touchette of his responsibility to run the facility. Henkin, the deputy commissioner, was tasked with overseeing Chittenden Regional from the secretary’s office.

Late last week, Touchette confirmed to Seven Days that the leaders of another prison, Northern State Correctional Facility in Newport, had been relieved of duty. On Wednesday, the newspaper reported allegations that an inmate who died at the Newport prison earlier this month had repeatedly implored nursing staff to help him in the hours before his death.

In his written statement, Touchette said he was “proud of the many accomplishments that I have either [led] or been involved in.” He said he had “worked extremely hard, along with many others who share my same vision for the needed changes to our current systems,” adding, “My hope is that those people will carry on my vision.”

University of Vermont police chief Lianne Tuomey returned in November from more than four months on paid personal leave, only to quietly retire and take a new campus job, the university said Tuesday.

Tuomey may not stay in her new post as "senior advisor for safety and security" for long. On December 2, the City of Glenwood Springs named her one of four finalists for a police chief position in the Colorado resort community of 10,000.

Tuomey visited the town earlier this month for a candidate "meet and greet," according to the Post Independent, which ran a photo of her chatting with locals at a Glenwood Springs community center.

The deadline to apply for the job was October 19, according to an online job listing.

Attorneys for men claiming excessive force by Burlington police contend that Brandon del Pozo lied under oath in written testimony related to their civil litigation.

The former Burlington police chief resigned Monday after revelations last week that he used an anonymous Twitter account to mock a critic, then lied about it repeatedly during an interview in July with Seven Days.
Del Pozo is a named defendant in pending civil lawsuits filed in U.S. District Court by black men who allege excessive force by Burlington cops in two separate incidents last year.

During discovery in the cases, the plaintiffs' attorneys asked del Pozo a series of questions about his social media accounts, including which accounts he’d used and whether he had deleted any.

In an October 30 response, in which del Pozo "swore to the truth of the information," the chief did not disclose the since-deleted @WinkleWatchers Twitter account he used in July and wrote that none of the accounts he used have been deleted, according to court documents made public Monday. 
The former chief was also asked to list all legal actions, including any “administrative proceeding,” to which he was a party.

Del Pozo was initially placed on administrative leave in late July after telling Mayor Miro Weinberger about his anonymous Twitter account and his subsequent denial to a Seven Days reporter. The investigation resulted in a medical leave that began August 1. He returned to his post September 16. City officials never publicly disclosed the preceding administrative investigation until last week.
Del Pozo’s discovery responses, filed October 30 and November 6, did not mention it, either.

Deputy Chief Jan Wright and the city attorney’s office assisted in preparing del Pozo's responses, the former chief wrote in the filings.

Attorneys for the men, Evan Chadwick and Robb Spensley, asked the judge in both cases Monday to issue a default judgment in favor of their clients based on what they characterized as the city’s false answers given during discovery.

“It is a fraud perpetrated on the Court when a chief law enforcement officer, with a masters degree in criminal justice and with assistance from counsel, including the City of Burlington legal department, knowingly provides false answers under oath to legitimate discovery questions,” they wrote.
They also asked the court to impose punitive damages against the city of $50,000 in each case.

City Attorney Eileen Blackwood initially said Monday that she did not review del Pozo’s filings, only those submitted by the city itself. The city is represented in the cases by outside counsel Lynn, Lynn, Blackman & Manitsky, P.C. The firm did not immediately respond to a request for comment.

Blackwood later clarified in an email to Seven Days that an assistant city attorney did help prepare the response. That attorney was unaware of del Pozo's Twitter "account issue."

Wright, who has been named acting chief, did not immediately return phone messages for comment.

At a press conference Monday announcing the chief’s resignation, Weinberger said questions over del Pozo’s credibility in future legal matters was part of the conversation between the pair Sunday night.

Chadwick declined to comment Monday afternoon.

View the full motion for sanctions below:

Correction, 3:23 p.m.: This story has been updated to correct a comment from Burlington City Attorney Eileen Blackwood regarding who reviewed del Pozo's written responses in the lawsuits.

Burlington Police Chief Brandon del Pozo created an anonymous Twitter account to taunt a police critic, he admitted to Seven Days on Thursday evening.

The account, @WinkleWatchers, has since been deleted. Del Pozo created the profile to mock Charles Winkleman, a Burlington resident, political activist and known provocateur who regularly takes aim online at the chief, landlords and others in power.

Del Pozo lied when Seven Days asked him about the burner account in July, saying he had nothing to do with it. But days later, del Pozo confessed what he had done to Mayor Miro Weinberger. He took six weeks of medical leave to seek mental health treatment, the mayor said. The chief has been back on duty since mid-September.

The Vermont Supreme Court on Friday unanimously affirmed a lower court's ruling that the Burlington School District can release to Seven Days a separation agreement between the district and a former school administrator.

The ruling, while narrow, also endorsed the district's unusual decision last year to sue the newspaper rather than respond to its public records request.

The case began in 2018 after the newspaper sought details of former Burlington Tech interim director Adam Provost's departure in January of that year for unspecified medical reasons. Provost had been on administrative leave for months before he resigned.

A Seven Days reporter asked the school district to provide any separation agreement involving Provost. The district believed the document was public under state law but said that Provost promised to sue unless certain details were withheld.

So the district drew up the legal equivalent of a football punt. Instead of responding to the newspaper's records request, it filed a lawsuit asking a judge to decide what it was obligated to release. The filing, known as a request for declaratory judgment, named Provost and Seven Days as defendants.

The administration of President Donald Trump is seeking to curtail nursing home regulations, including those that limit the use of antipsychotic drugs in dementia patients.

NPR reported Saturday that the Centers for Medicare & Medicaid Services, which regulates nursing homes, is proposing a slate of rules that would save operators a collective $600 million annually. The proposal is the latest way the Trump administration is working to loosen strict federal oversight of the industry. CMS has already reduced the fines paid by homes that violate rules.

Using certain antipsychotic drugs to medicate elders with dementia has been widely criticized because that can hasten cognitive decline. Last week, Seven Days and Vermont Public Radio reported allegations by Vermont women that their late mother, Marilyn Kelly, had been quietly drugged with daily doses of Haldol, a powerful and sedating medication, in a residential care home in Rutland.