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Law Enforcement
Wednesday, November 17, 2021
Law Enforcement / News AG Clears Rutland Cop Who Fatally Shot Man in McDonald's Bathroom
Posted
By Derek Brouwer
on Wed, Nov 17, 2021 at 5:43 PM
The Vermont Attorney General will not bring criminal charges against a Rutland police officer who shot and killed a man inside a McDonald's bathroom in August.
Rutland City Police Cpl. Christopher Rose was justified in shooting Jonathan Mansilla because Rose reasonably feared for his safety, Attorney General T.J. Donovan said in a press release Wednesday. Rose told investigators he believed Mansilla was holding a weapon as the man ran toward him from a bathroom stall. The object was a cellphone.
Donovan made the charging decision after his office reviewed investigative materials provided by the Vermont State Police, which probes police shootings by other agencies. The attorney general's office did not immediately release those materials publicly.
Rutland City Police Cpl. Christopher Rose was justified in shooting Jonathan Mansilla because Rose reasonably feared for his safety, Attorney General T.J. Donovan said in a press release Wednesday. Rose told investigators he believed Mansilla was holding a weapon as the man ran toward him from a bathroom stall. The object was a cellphone.
Donovan made the charging decision after his office reviewed investigative materials provided by the Vermont State Police, which probes police shootings by other agencies. The attorney general's office did not immediately release those materials publicly.
Tuesday, November 16, 2021
Burlington / Law Enforcement Burlington Councilors Block Sears Lane Discussion at Heated Meeting
Posted
By Courtney Lamdin
on Tue, Nov 16, 2021 at 12:59 AM
Progressives on the Burlington City Council tried for the third time on Monday to halt the closure of the Sears Lane homeless encampment, but a majority of councilors blocked the resolution from even being discussed.
Introduced by Councilor Joe Magee (P-Ward 3), the measure called on Mayor Miro Weinberger's administration to come up with a long-term housing plan for the 40-some campers who lived at the South End site. But before Magee could describe his proposal, Councilor Joan Shannon (D-South District) argued that it was materially the same as one he had introduced on October 25.
Shannon’s objection touched off a contentious debate between councilors, which ended in a 6-5 vote killing the resolution. The two council independents and four Democrats outvoted the Progressive contingent, which was one vote short of a tie as Councilor Zoraya Hightower (P-Ward 1) was absent.
“I didn't expect when I got elected to this body that I would have to beg people to consider the humanity of our houseless neighbors,” Magee said during the debate. “For us to not have this conversation … will be an abdication of responsibility by this body and complicity in the worst possible outcomes that face the people that live in Sears Lane.”
Introduced by Councilor Joe Magee (P-Ward 3), the measure called on Mayor Miro Weinberger's administration to come up with a long-term housing plan for the 40-some campers who lived at the South End site. But before Magee could describe his proposal, Councilor Joan Shannon (D-South District) argued that it was materially the same as one he had introduced on October 25.
Shannon’s objection touched off a contentious debate between councilors, which ended in a 6-5 vote killing the resolution. The two council independents and four Democrats outvoted the Progressive contingent, which was one vote short of a tie as Councilor Zoraya Hightower (P-Ward 1) was absent.
“I didn't expect when I got elected to this body that I would have to beg people to consider the humanity of our houseless neighbors,” Magee said during the debate. “For us to not have this conversation … will be an abdication of responsibility by this body and complicity in the worst possible outcomes that face the people that live in Sears Lane.”
Monday, November 15, 2021
Burlington / Law Enforcement Weinberger Wants Burlington Council to Beef Up Police Chief Search
Posted
By Courtney Lamdin
on Mon, Nov 15, 2021 at 1:54 PM
Burlington Mayor Miro Weinberger will ask city councilors on Monday to funnel more money into the city’s ongoing search for a permanent police chief in order to attract more viable candidates.
If councilors don’t agree, Weinberger wrote in a memo, he’ll appoint one of the two candidates who met the job’s “minimum requirements” after a monthslong search. Acting Chief Jon Murad, who has served in that role since summer 2020, is one candidate; the mayor hasn’t identified the other. The search resulted in 21 applicants, none of them women.
“Burlingtonians want us to choose a permanent Police Chief from a large and competitive pool of leaders eager to serve our City,” Weinberger wrote in the memo to councilors. “I am prepared to continue working towards this goal if the Council promptly takes the actions I have detailed.”
If councilors don’t agree, Weinberger wrote in a memo, he’ll appoint one of the two candidates who met the job’s “minimum requirements” after a monthslong search. Acting Chief Jon Murad, who has served in that role since summer 2020, is one candidate; the mayor hasn’t identified the other. The search resulted in 21 applicants, none of them women.
“Burlingtonians want us to choose a permanent Police Chief from a large and competitive pool of leaders eager to serve our City,” Weinberger wrote in the memo to councilors. “I am prepared to continue working towards this goal if the Council promptly takes the actions I have detailed.”
Friday, November 5, 2021
Burlington / Law Enforcement Weinberger Again Suspends Search for New Burlington Police Chief
Posted
By Courtney Lamdin
on Fri, Nov 5, 2021 at 7:13 PM
Burlington Mayor Miro Weinberger is suspending the city's search for its next police chief until city councilors agree to certain conditions, including an increase in pay for the position.
In a press release Friday afternoon, Weinberger said members of the city's search committee had asked to advertise the position with a higher salary but that council Progressives didn't support the idea. The current ad offers a salary range of about $119,000 to just under $133,000, depending on experience.
Weinberger also blamed councilors for undermining "the effectiveness of our once world-class" police department by voting last year to reduce the officer headcount — a move they partially reversedlast month — and by supporting a police oversight model that would have removed the chief's disciplinary authority.
"Numerous times, I warned the Council that it was weakening the Department and risked creating an environment in which we would struggle to attract a permanent Chief," Weinberger wrote in a letter to councilors, which was attached to the press release. "This has now come to pass."
In a press release Friday afternoon, Weinberger said members of the city's search committee had asked to advertise the position with a higher salary but that council Progressives didn't support the idea. The current ad offers a salary range of about $119,000 to just under $133,000, depending on experience.
Weinberger also blamed councilors for undermining "the effectiveness of our once world-class" police department by voting last year to reduce the officer headcount — a move they partially reversedlast month — and by supporting a police oversight model that would have removed the chief's disciplinary authority.
"Numerous times, I warned the Council that it was weakening the Department and risked creating an environment in which we would struggle to attract a permanent Chief," Weinberger wrote in a letter to councilors, which was attached to the press release. "This has now come to pass."
Law Enforcement / News Citing Pandemic Backlog, Judge Tosses More Than 350 Cases
Posted
By Derek Brouwer
on Fri, Nov 5, 2021 at 5:37 PM
A state judge in Franklin County has tossed more than 350 low-level criminal cases amid a pandemic-fueled courthouse backlog that is only getting worse.
Superior Court Judge Martin Maley made the unprecedented move on Thursday by dismissing all criminal cases filed before January 1, 2021, involving six different charges: driving with a suspended license, misdemeanor drug possession, violating conditions of release, unlawful trespass, retail theft, or disorderly conduct.
Dropping such cases, Maley concluded, is necessary at a time when the court is struggling to wade through a docket that has ballooned to around 2,400 cases, up from an historical average of about 400. He justified the move by citing a clause in the Vermont Rules of Criminal Procedure that allows a trial judge to toss a case if dismissal "will serve the ends of justice." Some of the cases dated to 2017 and 2018.
"This court has never issued such an order, however, given the current circumstances, the court is persuaded that such action is necessary to allow the court to focus on the oldest and most serious cases on the docket, including cases involving defendant's [sic] incarcerated awaiting trial."
Superior Court Judge Martin Maley made the unprecedented move on Thursday by dismissing all criminal cases filed before January 1, 2021, involving six different charges: driving with a suspended license, misdemeanor drug possession, violating conditions of release, unlawful trespass, retail theft, or disorderly conduct.
Dropping such cases, Maley concluded, is necessary at a time when the court is struggling to wade through a docket that has ballooned to around 2,400 cases, up from an historical average of about 400. He justified the move by citing a clause in the Vermont Rules of Criminal Procedure that allows a trial judge to toss a case if dismissal "will serve the ends of justice." Some of the cases dated to 2017 and 2018.
"This court has never issued such an order, however, given the current circumstances, the court is persuaded that such action is necessary to allow the court to focus on the oldest and most serious cases on the docket, including cases involving defendant's [sic] incarcerated awaiting trial."
Thursday, October 14, 2021
Crime / Law Enforcement Burlington Man Admits to Overseas Murder-for-Hire Plot
Posted
By Colin Flanders
on Thu, Oct 14, 2021 at 5:01 PM
In a twisted international plot, a Burlington man has admitted that he paid a Venezuelan woman to kidnap two people abroad, torture them and film it — all for his viewing pleasure.
Sean Fiore, 37, pleaded guilty on Thursday to four federal counts that include murder for hire, conspiracy to kidnap and murder a person overseas, as well as producing and possessing child pornography. He will be sentenced in March and faces a maximum penalty of life in prison.
The woman who allegedly carried out Fiore's requests — Moraima Escarlet Vasquez Flores, of Venezuela — faces similar charges. She was arrested in Colombia last fall, and U.S. authorities are now seeking her extradition.
Sean Fiore, 37, pleaded guilty on Thursday to four federal counts that include murder for hire, conspiracy to kidnap and murder a person overseas, as well as producing and possessing child pornography. He will be sentenced in March and faces a maximum penalty of life in prison.
The woman who allegedly carried out Fiore's requests — Moraima Escarlet Vasquez Flores, of Venezuela — faces similar charges. She was arrested in Colombia last fall, and U.S. authorities are now seeking her extradition.
Friday, October 8, 2021
Law Enforcement / Statehouse Scott Appoints New Vermont Corrections Commissioner
Posted
By Kevin McCallum
on Fri, Oct 8, 2021 at 11:30 PM
Gov. Phil Scott has appointed a Central Intelligence Agency official with no apparent experience in corrections to oversee Vermont’s prison system.
Mike Smith, secretary of the Vermont Agency of Human Services, announced Friday that Scott had selected Nick J. Deml as the commissioner of the Department of Corrections.
“Nick is an accomplished and experienced administrator, advisor, and attorney,” Scott said in a release. “We are fortunate to attract leaders with such skill and experience to our state, and I look forward to working with him.”
Since 2014, Deml has served in various CIA positions. Before that, he worked in the U.S. Senate from 2011 to 2014 as national security and foreign policy aide for the Office of the Assistant Majority Leader. He also worked as an aide on the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights.
“I want to thank Governor Scott for this opportunity,” Deml said in a release. “I look forward to joining the Department and working alongside so many dedicated Vermont DOC staff.”
Mike Smith, secretary of the Vermont Agency of Human Services, announced Friday that Scott had selected Nick J. Deml as the commissioner of the Department of Corrections.
“Nick is an accomplished and experienced administrator, advisor, and attorney,” Scott said in a release. “We are fortunate to attract leaders with such skill and experience to our state, and I look forward to working with him.”
Since 2014, Deml has served in various CIA positions. Before that, he worked in the U.S. Senate from 2011 to 2014 as national security and foreign policy aide for the Office of the Assistant Majority Leader. He also worked as an aide on the Senate Judiciary Subcommittee on the Constitution, Civil Rights, and Human Rights.
“I want to thank Governor Scott for this opportunity,” Deml said in a release. “I look forward to joining the Department and working alongside so many dedicated Vermont DOC staff.”
Tuesday, October 5, 2021
Burlington / Law Enforcement Burlington Council Committee Approves Police Oversight Resolution
Posted
By Courtney Lamdin
on Tue, Oct 5, 2021 at 9:36 PM
A bipartisan committee of Burlington city councilors on Tuesday unanimously approved a resolution that would give the city's civilian police commission more oversight powers.
If approved by the full council, police commissioners would "have full and unfettered access" to complaints against police and the ability to hire an investigator to review allegations of misconduct, among other powers — a clear departure from the commission's current advisory role.
City Councilor Karen Paul (D-Ward 6), who chairs the three-member Public Safety Committee, said councilors have worked for months on increasing citizen oversight of police — something activists have demanded since spring 2019, when instances of alleged excessive force by Burlington officers came to light.
Council Progressives had attempted to create a separate oversight body, a "community control board," but Mayor Miro Weinberger vetoed it late last year. That proposal would have required changing the city's charter, whereas the committee's resolution calls for updating a city ordinance.
"This is something that we do have the ability to do and move forward with now," Paul said. "What we've heard time and again from the public is that we want to get going."
If approved by the full council, police commissioners would "have full and unfettered access" to complaints against police and the ability to hire an investigator to review allegations of misconduct, among other powers — a clear departure from the commission's current advisory role.
City Councilor Karen Paul (D-Ward 6), who chairs the three-member Public Safety Committee, said councilors have worked for months on increasing citizen oversight of police — something activists have demanded since spring 2019, when instances of alleged excessive force by Burlington officers came to light.
Council Progressives had attempted to create a separate oversight body, a "community control board," but Mayor Miro Weinberger vetoed it late last year. That proposal would have required changing the city's charter, whereas the committee's resolution calls for updating a city ordinance.
"This is something that we do have the ability to do and move forward with now," Paul said. "What we've heard time and again from the public is that we want to get going."
Friday, October 1, 2021
Burlington / Law Enforcement Consultant Changes Burlington Police Assessment After Requests From Mayor, Chief
Posted
By Courtney Lamdin
on Fri, Oct 1, 2021 at 10:59 PM
Updated on October 2, 2021.
Burlington Mayor Miro Weinberger convinced an independent consultant to make several changes to its report on the city’s police force before the document was publicly released Friday, including a recommendation to hike the department's roster cap.
The draft version of CNA’s report recommended the city have between 76 and 83 deployable officers, including those assigned to the Burlington International Airport. The final version, however, considers airport staffing separately. It recommends a force of between 72 and 75 deployable officers, with a roster of 77 to 80 “to account for naturally occurring attrition.”
For Weinberger, the final report validates his push to hire more officers after the Progressive-led city council voted last summer to cut the force by 30 percent through attrition. The council has twice rejected requests to raise the cap.
“I actually see the report as very affirming of the administration's positions on the major debates of the last year,” Weinberger said Friday. “It's quite clear that this report is recommending an increase in the officer cap to somewhere between 85 and 88.”
The report does say that the cap could be as high as 88 if the department continues to use eight officers at the airport. But the document also says that the staffing level at BTV can shrink if Burlington police keep the airport beat. Those officers “should not be factored into the overall staffing headcount,” the report said, because they can’t respond to calls away from the airport.
Burlington Mayor Miro Weinberger convinced an independent consultant to make several changes to its report on the city’s police force before the document was publicly released Friday, including a recommendation to hike the department's roster cap.
The draft version of CNA’s report recommended the city have between 76 and 83 deployable officers, including those assigned to the Burlington International Airport. The final version, however, considers airport staffing separately. It recommends a force of between 72 and 75 deployable officers, with a roster of 77 to 80 “to account for naturally occurring attrition.”
The consultants made the changes after both Weinberger and acting Police Chief Jon Murad sent letters requesting clarifications to the draft report.
For Weinberger, the final report validates his push to hire more officers after the Progressive-led city council voted last summer to cut the force by 30 percent through attrition. The council has twice rejected requests to raise the cap.
“I actually see the report as very affirming of the administration's positions on the major debates of the last year,” Weinberger said Friday. “It's quite clear that this report is recommending an increase in the officer cap to somewhere between 85 and 88.”
The report does say that the cap could be as high as 88 if the department continues to use eight officers at the airport. But the document also says that the staffing level at BTV can shrink if Burlington police keep the airport beat. Those officers “should not be factored into the overall staffing headcount,” the report said, because they can’t respond to calls away from the airport.
Tuesday, September 28, 2021
Immigration / Law Enforcement / News / U.S. Politics RNC, Vermont GOP Sue Winooski and Montpelier Over Noncitizen Voting
Posted
By Derek Brouwer and Colin Flanders
on Tue, Sep 28, 2021 at 12:36 PM
Updated at 5:53 p.m.
Republicans are suing the cities of Winooski and Montpelier in an effort to strike down recent charter changes that allow noncitizens to vote in local elections.
The suits, brought by the Vermont GOP and the Republican National Committee, contend that the cities' new charters violate the Vermont Constitution, which limits voting to U.S. citizens 18 and over. In the complaints, attorney Brady Toensing wrote that the limit should apply to municipal elections, contending that in modern times, they are not distinct from their state and national counterparts.
"Over the years, the state has become more and more involved in what previously were strictly local matters, erasing distinctions that previously existed between local and state affairs," he wrote.
Both municipalities passed the charter changes by wide margins, and the Vermont legislature approved them earlier this year, too. But Gov. Phil Scott vetoed the measures on the grounds that “highly variable town-by-town approach” to local voting effectively creates “separate and unequal classes of residents.” The state House and Senate overrode Scott's veto in June.
Republicans are suing the cities of Winooski and Montpelier in an effort to strike down recent charter changes that allow noncitizens to vote in local elections.
The suits, brought by the Vermont GOP and the Republican National Committee, contend that the cities' new charters violate the Vermont Constitution, which limits voting to U.S. citizens 18 and over. In the complaints, attorney Brady Toensing wrote that the limit should apply to municipal elections, contending that in modern times, they are not distinct from their state and national counterparts.
"Over the years, the state has become more and more involved in what previously were strictly local matters, erasing distinctions that previously existed between local and state affairs," he wrote.
Both municipalities passed the charter changes by wide margins, and the Vermont legislature approved them earlier this year, too. But Gov. Phil Scott vetoed the measures on the grounds that “highly variable town-by-town approach” to local voting effectively creates “separate and unequal classes of residents.” The state House and Senate overrode Scott's veto in June.
“If we truly believe in local control, then members of these communities can say who they believe should have a say in local elections,” Senate President Pro Tempore Becca Balint (D-Windham) said at a press conference in June.
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