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Legal System
There are 53 Legal System links for you to choose from!
Graffiti vandals who think they're exercising their right
to freedom of expression under the First Amendment might soon be exercising their right to a fair trial in the city.
Vandalism has become such a significant problem that South Burlington police are seeking criminal charges; and T.J. Donovan, Chittenden County state's attorney, has said he intends to make an example of the offenders, said Trevor Whipple, South Burlington police chief.
Police have cited two teens on multiple counts of unlawful mischief, and identified one group involved in the vandalism spree that has plagued businesses along Shelburne Road.
At a meeting Thursday, business owners and victims gathered to discuss the problem with city police, in an effort not only to stop it, but to discuss ways to seek restitution for the thousands of dollars in damage the tagging has caused throughout the city.
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A Burlington woman accused of letting her two children live
in totally filthy conditions answered criminal charges today. The case has involved several state and local agencies that are still trying to unravel an explanation
The owner of the house, 45-year old Ellen Norton, appeared in Vermont district court to face two cruelty charges and a third charge of abuse of a vulnerable adult. Norton denied charges that she abused her two children, a pre-teen son identified by the initials C.F., and young adult son, Andrew Norton. Officials say the older son can't speak, is legally blind, developmentally disabled and requires intense daily care, including help with basic functions.
A week ago Wednesday, city officials issued an emergency health order and boarded up the house. The state took custody of the kids. "The scenario itself obviously is very disturbing on its face," police lieutenant Walter Decker told Channel 3. Decker said investigators found that both children had lived in squalor --
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A legal battle is brewing over a three year old Vermont law
aimed at protecting children from internet predators. Under the law, using electronic means, such as computers, to attempt to contact minors for sexual purposes is a felony.
Less than a dozen suspects have been charged under the law since it went effect in July 2000, but several of the cases have triggered a potential constitutional legal battle. At issue are several arrests triggered by specially-trained police officers, often in other states, who pose as minors on the internet in successful efforts to "sting" potential predators.
Burlington defense lawyer Brad Stetler, representing one of the defendants "stung" by a detective posing as a "virtual-teen", says the ploy is unconstitutional. Stetler is seeking dismissal of the charges claiming there was no crime because there was no victim, and his client was engaging in free speech protected by the first amendment.
"It creates a fantasy crime," said Stetler, "and it makes the police the thought police."
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A lot of rubber will be meeting the road in Vermont
and elsewhere in the next 24 hours, as an estimated 31 million people return home from holiday road travels.
And they are likely to see a lot of sobriety checkpoints along the way.
Vermont State Police say two dozen such operations will be conducted across the state before the end of the weekend.
... Flannigan says a checkpoint Wednesday night in South Burlington netted three arrests.
With all the freezing rain and snow that have fallen in Vermont over this holiday weekend, Sgt. Flannigan says it's even more important to make sure drivers are not impaired.
He says the combination of drinking and the heaviest road travel period of the year can be deadly.
Last year, nearly 600 people were killed in traffic accidents around the country during this four-day weekend, according to the National Highway Traffic Safety Administration.
About half of those accidents were alcohol related.
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A recent string of crimes in Burlington is raising fears
and questions about the state's probation system. The most serious violent crimes in Vermont's largest city tend to have one thing in common -- the suspects who were charged with those crimes had been in trouble before and were on some form of supervised release from prison. Some officials believe the probation system needs a fundamental shakeup.
Take a look at almost any serious crime, as we did, and you'll find that it wouldn't have happened if the defendant had obeyed his or her release conditions. For now we limited our check to crimes that occurred in Burlington. As recently as two nights ago, a stolen Burlington police cruiser was crashed into a King street bar after the driver had just stolen it. The next day the judge sent the youth that police arrested, 17-year old Jeffrey Leduc, to jail without bail because he violated four prior release conditions.
Crimes minor and major -- ranging up to homicide such as a drug-related killing on Pine street --
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Backing Out (into road) Is Breaking The Law in Vermont.
It's been a month since a motorist backed out of driveway on Spring Street in Burlington and killed 22-month-old Cierra Parent.
Investigators say the little girl ran into a blind spot behind the car driven by 25-year-old Sidney Messick.
Police say it does not appear Messick was negligent or criminally responsible for the little girl's death even though his license was under suspension.
Nevertheless, the police report has been sent to the county prosecutor to determine whether Messick will face any charges.
... One of the potential penalties is a little known law that prohibits backing up onto highways and most roads even from your own driveway. Violators of the so-called "limitations in backing law" can get a 194-dollar ticket. But police say they only write those tickets to reckless drivers.
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Bauer, Anderson & Gravel
is A Full Service Law Firm offering Banking Law, Bankruptcy, Business, Collections, Commercial Real Estate, Family Law, Municipal Law, Personal Injury,
Residential Real Estate, Wills & Probate, and Workers Compensation Claims.
The firm is able to deliver rapid results with an extensive library comprised of hard cover books, electronic research and the Internet.
The firm takes pride in the staff it has working in all its offices. Our staff is friendly, efficient and available to work with our clients as well as the attorneys.
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Burak Anderson & Melloni PLC
is a premier full service law firm based in Burlington, Vermont. The firm serves a broad spectrum of clients in matters relating to antitrust and trade regulation, banking and finance, corporate and business transactions, "environmental" and land use law, employment law, hospitality law, intellectual property law, international and immigration law, municipal law, real estate and development law, utility and energy law, and all aspects of commercial litigation.
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Chittenden Superior Court
is the largest civil court in Vermont with an annual caseload of over 3300 civil cases, 1600 of which are Small Claims involving damages of ,500 or less. The Court hears predominantly civil cases which involves the private rights of individuals and organizations.
Chittenden, like all other counties in Vermont, has two elected Assistant Judges who are responsible for County affairs in addition to their court responsibilities.
Chittenden Superior Court also handles all passport processing for Chittenden County and houses Probate Court which is responsible for wills, settlement of estates, adoptions, guardianships, name changes and uniform gifts to minors.
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Downs Rachlin Martin PLLC
solve complex legal problems, whether in the courtroom, the business world or the State House. With more than 75 attorneys and legal professionals, we provide the focused attention of individual lawyers and the depth of interdisciplinary practice groups. We are Vermont's largest law firm, with more than 50 years of service to clients in the northeast and around the world.
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Driving without a license is no longer a crime (in Vermont)
. America's rules of the road have always been brutally simple: if you get a ticket, pay the fine or your license will be suspended, and driving under suspension is a crime punishable by prison. Now those are still the rules of the road in every state except Vermont.
Last spring the Vermont legislature decriminalized driving with a suspended license except for those suspended for drunk driving or felony reckless driving.
The lawmakers changed the law at the urging of state court administrators who convinced them that dls is a minor offense that had been needlessly choking the clogged criminal dockets.
So as of July first driving under suspension in Vermont became a civil offense that carries a ticket. But under that new law suspended drivers cannot be sentenced to prison even if they never pay any fines and no matter how many times they are caught driving without a license.
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Hoff, Curtis, Pacht, Cassidy, Frame, Somers & Katims, P. C.
is a leading Vermont law firm with a regional practice centered on litigation and alternative dispute resolution. The Firm is "A" rated by Martindale-Hubbell and is listed in its Directory of Preeminent Law Firms.
The 9-lawyer Firm combines the specialized knowledge and experience common to large firms with the personalized attention and concern for efficiency and value usually associated with small and individual practices. Together, its lawyers have over 100 years of combined professional experience.
The Firm began its practice on September 1, 1989, when former Vermont Governor Philip Hoff and his colleagues Richard Cassidy and Julie Frame, left their previous firm to merge with the law firm of former Vermont Defender General David Curtis and his law partner, John Pacht.
The Firm's main offices are located at 100 Main Street in Burlington,
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Laura Higginbotham
is going to prison for causing the death of her 3-year-old daughter in 1998.
At a Burlington court hearing Friday, Laura Higginbotham, 37, pled no contest to involuntary manslaughter. She was sentenced to serve one year in prison under the terms of a plea agreement.
The plea agreement ended a criminal case that started six years ago with the death of her daughter Logan. The toddler died of a brain injury sustained on November 25, 1998, at Higginbotham's Shelburne home, according to state records.
... The medical examiner was unable to determine if the death was an accident, or homicide.
For three years the case lay dormant until it was re-examined by police. The investigators consulted with medical experts, who re-examined the medical evidence and concluded the child's death was no accident. Two doctors found that the child's head had been intentionally slammed into a wall.
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Law Office of Todd D. Schlossberg
is An experienced Vermont trial lawyer representing injured individuals and their families in auto accident, personal injury, defective products, malpractice, insurance coverage, employment and consumer law cases."
If you have been injured as a result of someone else's negligence, you deserve full compensation. But winning a personal injury case is not a matter of luck: Winning takes skill, concentration, and commitment. I will fight to protect your legal rights, to maximize your monetary recovery in the least time possible.
I represent only injured individuals and their families in personal injury cases. I do not represent insurance companies. I am committed to fighting for your rights.
I handle most injury cases on a contingency fee basis, which means that you don't pay any attorneys fees unless I win a settlement or a judgment on your behalf.
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Murdoch & Hughes
is a small, well-established and respected firm with over 50 years of combined legal experience in the areas of family law, criminal defense, adoption and personal injury. We are located in the heart of Burlington's downtown at 131 Main Street (the intersection of Main Street and St. Paul Street) in the Historic Vermont House, formerly known as the "Hotel Vermont." Once you enter through the glass double doors on Main Street, our offices are located at the end of the hall on the main floor. Metered parking is available on both St. Paul Street and Main Street. In addition, Burlington's parking garages offer free parking for the first two hours and are within walking distance of our office. Office hours are from 8 a.m. to 5 p.m. Monday through Friday; however, after hours and weekend appointments are available if necessary. In the event of an emergency after hours, there is 24 hour answering service.
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Murdoch & Hughes Adoption Legal Services
can provide legal representation to birth parents or adoptive parents in Vermont and the Plattsburgh, NY area. ... Adoption is a wonderful option for expanding your family, but the laws governing the process are quite complex.
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Police in Burlington are looking for a man accused
of molesting two women. Police say he groped a woman on upper Pine Street this morning and minutes later grabbed a woman in the lady's room of a downtown business.
Police are looking for a white man in his twenties, 5'5" to 5'7", 130-160 lbs. Anyone with information should contact the Chittenden Unit for Special Investigations at 652-6802.
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Police say a St. Michael's College student lied
about being sexually assaulted in her dorm. The 19-year-old woman -- who police have not named -- was charged Friday with filing a false police report.
Investigators with the county sex crimes unit say the woman called police early Wednesday morning claiming she had been sexually assaulted in the bathroom of Joyce Hall. But Friday she admitted she made up the entire story.
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Police say they tend to see more drunken driving
during the holidays than any other time of the year.
That is why some authorities are cracking down to keep the highways safe this holiday season.
... Brown joined Vermont law enforcement Monday in kicking off a major-league crackdown on drunken driving. From now until New Year's Day, police will be doing all they can to stop drunken drivers, including checkpoints and patrols.
... More than 4,000 people were arrested for drunken driving in Vermont last year -- an average of 11 people every day. Many of the arrests come during the holidays, which is why the Public Safety Department is going to be cracking down especially hard over the next five weeks.
The group has started running public service announcements on television, warning motorists that they will face the law if the imbibe too much and get behind the wheel.
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Sheehey Furlong & Behm P.C.
is a Burlington, Vermont law firm of 10 lawyers serving clients that include national, regional and Vermont-based business enterprises, non-profit organizations and individuals. The firm provides a full range of legal services in several practice areas, including corporate/business services, litigation, real estate, banking/financial services, health care, regulated industries and estate planning. We also assist our clients in securing governmental relations, lobbying and public affairs consulting services.
Our lawyers have broad experience in their respective practice specialties. Many of our lawyers joined Sheehey Furlong & Behm with substantial professional experience in other arenas, including as general counsel to private and publicly-held companies, as state and federal prosecutors, as law clerks to federal trial and appellate judges and as associates at national law firms.
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The need to share problems and solutions about Vermont’s
criminal justice system became the inspiration for an all-day event, “It’s About ÔTime’: Bringing Justice to Vermont Prisons,” held on Feb. 16 at a public school in Burlington’s Old North End. The event exceeded expectations: At least 200 people took part, attending 12 workshops and afternoon plenary sessions that featured Vermont lawmakers and experts on citizen oversight. TF was a key sponsor.
One reason for its success was the varied backgrounds of the organizers, who encouraged participation with a wide range of friends, families of prisoners, activists, and attorneys.
... The main areas of concern indicated by 185 people who filled out surveys are: reintegration, mental health, out-of-state transfers, independent oversight, probation and parole, and segregation, solitary confinement, and sensory deprivation.
As we looked at the many problems, it was obvious that Vermont isn’t the only state that has them, just as the US isn’t the only nation with the death penalty.
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Vermont's Roman Catholic Diocese has been ordered
to turn over all of its documents about sexual misconduct by priests going back to 1950.
Superior Court Judge Matthew Katz issued the order Monday in response to a lawsuit filed by Michael Bernier, 45. Bernier is seeking unspecified damages from the Vermont Roman Catholic Diocese and Reverend James McShane. The suit alleges that Rev. McShane sexually abused Bernier thirty years ago when Bernier served as an altar boy in Saint Albans.
McShane is one of at least 40 priests under investigation by the Vermont Attorney General in connection with sexual misconduct allegations.
McShane is currently on a leave of absence from his Rutland parish.
The church records contain no information about MsShane or Bernier, according to Diocesan lawyers.
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A DUI case in Vermont District Court was dismissed Wednesday
after Chittenden County State's Attorney T.J. Donovan decided against prosecuting it because of concerns about the credibility of the police officer who filed the paperwork. ... Donovan said the officer's credibility was in question because he is the subject of a lengthy police internal investigation in Colchester for allegedly failing to cite an off-duty Burlington officer in early November for driving while under the influence of alcohol.
Donovan declined to say who the officer was, but a check of court records from the case that was dismissed Wednesday indicated the officer was Colchester Police Officer Dale J. Trombley.
Attempts to contact Trombley on Wednesday were unsuccessful. A Colchester Police Department dispatcher declined comment on whether Trombley still works for the department.
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A DUI Stop Sparked a Colchester Police Probe.
Chittenden County State's Attorney T.J. Donovan said an internal police review is under way in Colchester to determine whether a town officer gave special treatment to a motorist stopped on suspicion of drunken driving who turned out to be a fellow cop.
A source told NewsChannel Five the motor vehicle stop occurred sometime over Thanksgiving weekend, when a Colchester officer pulled over a veteran officer with the Burlington Police Department who was driving a car registered to that agency.
The driver allegedly failed a field dexterity test, but was given neither the usual Breathalyzer test, nor placed under arrest. Instead, the source says, the officer was given a ride home.
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A federal appeals court ruled Wednesday that a Vermont
law prohibiting the distribution of "sexually explicit" material to minors is an unconstitutional violation of free speech.
The ruling, by three judges of the 2nd U.S. Circuit Court of Appeals in New York, allows two groups who sued Vermont to continue displaying information about sexuality on their Web sites without fear of prosecution.
Then-Gov. Howard Dean signed the law in 2000 to prevent people from sending material deemed "harmful to minors" to children younger than 16.
The Vermont chapter of the American Civil Liberties Union and a Delaware-based company called the Sexual Health Network Inc. filed suit in February 2001. Last year, a federal judge in Brattleboro ruled in favor of the groups and prevented the state from enforcing the law. Vermont appealed.
Sexual Health Network and the ACLU argued the law would subject them to prosecution for displaying or linking to information on their Web sites about topics such as birth control and safe sex.
A jury found Skylar Underhill-Ortiz not guilty of murder
after about three hours of deliberation Friday at Vermont District Court.
In reaching that decision, the jury effectively accepted the contention of Underhill-Ortiz's lawyer that the defendant shot Rhynell Lewis in self-defense. The fatal shooting occurred April 7 in an apartment in Burlington.
The decision elicited tears and hugs among members of Underhill-Ortiz's family. Members of Lewis' family left the courtroom immediately after the decision and declined to comment. ... Prosecutor Tom Kelly said he was surprised at the decision. He said he thought the evidence had been strong.
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A veteran Burlington police officer has resigned
after confirming that he received special treatment when he was stopped for suspected drunk driving by a Colchester cop. It is the latest development in a potential police scandal that had been unconfirmed allegations until Tuesday.
For at least two weeks rumors have circulated that a Colchester officer gave an off-duty Burlington officer a special break unavailable to other motorists pulled over for driving under the influence. Since then, Burlington police and Colchester police have said only that the matter is under internal investigation in both departments. Tuesday's resignation confirms that the rumors were true.
Sgt. Donald Lilja has apologized for his error in judgment and resigned after 24 years on the Burlington Police force. Lilja admits he was stopped by a Colchester police officer for suspected DUI, but he was not processed.
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Chittenden County State's Attorney T.J Donovan said he is likely
to dismiss several additional drunken driving cases now pending that involve recently fired Colchester police officer Dale Trombley.
The town manager fired Trombley Friday evening following a two-month investigation into a traffic stop in which Trombley let a colleague suspected of driving under the influence go free.
He called it an isolated case but now other police chiefs in Chittenden County are worried about public outrage in the case and the impact that may have on their department morale.
Winooski Police Chief Steve McQueen said, "Here you have officers trying to do the best they can and individuals around the community, local or not, berating their profession, berating what you do and calling your integrity into question. For no other reason other than to call it into question. It's very demoralizing."
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Colchester Police Officer was Fired for DUI stop.
It's been nearly three months since Colchester Police officer Dale Trombley stopped an off duty Burlington cop outside a Colchester restaurant for suspected DWI. Now, eleven weeks later, three officers have lost their jobs and questions remain about whether more officers may be implicated.
For Brian McNeil, a member of the Colchester Selectboard, several issues remain unsettled. "Does this go up the chain of command in Colchester? Was there anyone else involved in this decision?" He questioned.
Colchester town manager Al Voegele officially dismissed Trombley late Friday afternoon
... Many town residents and select board members Channel 3 spoke with say they're upset it took the Department so long to complete it's internal investigation and that town leaders waited so long to discuss what happened.
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Colchester's top official announced Friday night
he has fired a member of the town police department following a controversial DUI traffic stop, a decision he characterized as an effort to restore integrity to the judicial system.
Town Manager Al Voegele refused to identify the officer involved, though other sources said he is veteran Officer Dale Trombley.
Trombley stopped a motorist Nov. 2 who turned out to be Sgt. Don Lilja, a 24-year veteran of the neighboring Burlington Police Department. Trombley elected not charge Lilja, instead letting him go free.
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Deadly Crash will Prompt Changes to Criminal Database.
Hofmann says his department will start to provide more information about convicted drunk drivers to the state's criminal information center.
The changes come four days after police say a drunk driver with three prior DWI convictions drove the wrong way on Interstate 89, crashed into an oncoming car and killed Nicolas Fournier, 18.
Police later learned that the suspect, Shawn Burritt, 32, could have been jailed last August when he was charged with driving under suspension. He was on parole, but no one knew he was on parole because those records are not available to police.
... Rutledge admits her department's computer systems are outdated because they don't have this type of information. But those systems are being updated.
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Dennis Johnson and Jake Perkinson fancy themselves
the good guys. These South Burlington attorneys have taken on Fortune 500 companies, the ones who are in trouble for accounting scandals and the like, in the name of the consumer or investor who lost out.
... Their practice is booming as corporate scandals explode around them. The two are working on about 50 cases, compared to half that just a few years ago.
Their names are attached to cases -- most of them in federal courts -- against companies like Tyco, Priceline, Xerox and WorldCom. Their portfolio includes wins against Fen-Phen and Ben & Jerry's.
Johnson and Perkinson practice class-action litigation.
In a class action suit, consumers, investors or employees sue because they feel a company has done them wrong. If their lawyers think other people could have been wronged by the same company in the same way, they then ask a judge to declare the case a class action.
Internet Sex Case is Raising Constitutional Questions.
Judge rules police can search defendant's house at random to make sure he's not on the 'net'. An Essex man pled not guilty to charges that he used the internet to try to lure an underage boy to have sex with him.
Police raided John Thompson's home in July. It was the culmination of months of investigation into internet porn. Police seized the 55-year-old's computer, and a bag of sex toys.
Investigators say Thompson sent graphic photos of himself, and exchanged emails with an undercover detective pretending to be a 14 year old boy. They say Thompson wanted to meet the "boy" for sex.
Thompson denies the charges. He's free pending court trial.
Prosecutor Rose Kennedy asked the judge to order police search Thompson's house at random, to ensure he does not get back online. "We're talking about someone who's actively searching the internet, looking in sites called, something along the lines of 'Boys For Play' to meet with him and have sex.
Jim Douglas' proposal to create a statewide system
to notify the public of the identities and whereabouts of convicted drug dealers would push Vermont into uncharted legal waters.
While all 50 states have created public registries for sex offenders, none requires mapping and publicizing where drug dealers reside.
Douglas, the Republican gubernatorial candidate, and his supporters say the measure would protect children and empower citizens.
Critics of the proposal, including Democratic gubernatorial candidate Doug Racine, say it is a simplistic and unwork- able program that could face considerable legal challenges.
Scott Cameron, a Montpelier attorney and independent voter, said he has listened to the political wrangling and concluded "it deserves some public discussion, some debate." He added, "The real issue is some of the details."
Jurors found Underhill-Ortiz Not Guilty.
It took a jury a little over three hours Friday night to reach a verdict in the murder trial of Skylar Underhill-Ortiz. He calimed he shot an unarmed man in self-defense and the jury agreed, finding him not guilty.
Investigators in the case had publicly proclaimed the fatal shooting of an unarmed mentally ill man at a Burlington party was "a cold-blooded murder." But after a four day trial the jury didn't buy it.
Skylar Underhill-Ortiz had to wait for nearly half-a-minute of confusion for the judge and jury foreman to get the verdict announced, but for him it was worth the wait.
Judge Mark Keller announced that the ultimate verdict found Underhill-Ortiz not guilty, and the jury found his actions were in self-defense.
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Law Offices of Fred V. Peet
concentrates its practice on residential and commercial real estate transactions. It assists buyers and sellers of real estate as well as mortgage lenders throughout the State of Vermont. The firm consists of four experienced attorneys who combine their knowledge of Vermont real estate law with the responsiveness and attention to detail that real estate transactions require. The mission of the firm is to provide professional legal advice while moving transactions forward in a timely and cost effective manner. The firm performs title searches, closings and related real estate services throughout the State of Vermont. It handles title insurance as an agent for Vermont Attorneys' Title Corporation.
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Mark King told a judge that something in him snapped
when he beat his girlfriend to death five years ago, but he never intended to kill her.
Mark King's two-day sentencing hearing ended Tuesday, when King addressed the judge and his girlfriend's family. King, 40, pleaded guilty earlier this year to killing Caroline Baird Crichfield, 30, during a fight in their Essex home in April 1998. Judge Brian Burgess will decide on the sentence this month.
... Prosecutors asked for the maximum possible sentence under the plea agreement of 27 to 30 years. King's lawyers asked for 10 to 15 years.
King is being sentenced on two charges, voluntary manslaughter for repeatedly hitting Crichfield in the head and first-degree aggravated domestic assault for strangling her during the same fight. He was originally charged with second-degree murder and has been jailed since his arrest shortly after Crichfield's death.
King's lawyers presented their defense Tuesday, calling witnesses who described Crichfield as verbally and physically aggressive
Merritt & Merritt & Moulton
has been providing innovative legal representation to entrepreneurial businesses since 1989. Our practice is focused on positioning companies for growth.
We represent a diverse group of businesses such as manufacturers, distributors, retailers and technology-based businesses. A significant portion of our practice concentrates on transactional and intellectual property law, including mergers and acquisitions, debt and equity financing, securities regulation, and patent, trademark and copyright protection and licensing. We also provide comprehensive corporate representation together with organizational issues, commercial real estate, supply, distribution and other contractual agreements along with a variety of employment matters.
Each of our attorneys have worked with larger national law firms in New York and Boston and are admitted to practice in multiple jurisdictions.
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Residents and law enforcement authorities met Tuesday
night in Burlington's Old North End to talk about curbing crime in a neighborhood that has been troubled for decades.
More than thirty people met in the North Street building that recently became headquarters for five corrections officers. The officers are assigned exclusively to the Old North End to keep track of people on house arrest. It is all part of an experimental community policing program that residents say is reducing crime and social problems in their neighborhood. ... Police say they plan to hold the neighborhood meeting every month. Residents should check with the police or their planning assembly for the schedules.
Sgt. Donald Lilja has resigned amid a controversy
that he was given preferential treatment after being pulled over on suspicion of drunken driving. ... Sources told NewsChannel 5 that Lilja was allegedly pulled over by Colchester police in November after an officer thought he might be driving drunk. After giving him a field dexterity test, the officer allegedly drove Lilja home. Lilja was not given a Breathalyzer test. Burlington police said Lilja was not screened for drunken driving before he was allegedly taken home.
Both police departments had refused to comment on the case, telling NewsChannel 5 that they don't comment on personnel matters.
Earlier this month Chittenden County Prosecutor T.J. Donovan confirmed than an investigation was ongoing. Colchester Police Chief Charles Kirker later confirmed that an officer in his department was being investigated in connection with the case.
In a press release Tuesday, the Burlington Police Department said Lilja, a 24-year veteran of the department, had resigned.
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The Burlington Police Commission has upheld the dismissal
of Cpl. James Brigham. Brigham was fired last month in the aftermath of controversy involving a fellow Burlington officer who avoided arrest in a suspected drunken-driving incident in Colchester.
At a Feb. 5 closed-door hearing, Brigham asked the four-member commission to reverse the Jan. 4 decision to fire him. The commission issued its unanimous ruling in a brief statement released Friday morning.
... Jerome O'Neill, chairman of the Police Commission, declined comment on the panel's decision. O'Neill said he could not comment because Brigham's firing was a personnel matter and the panel's decision was based on information provided confidentially. Brigham was a 14-year police veteran.
Brigham, through his lawyer Bill Norful, has claimed he was wrongly fired because the Burlington Police Department thought he hid information from investigators during a department internal investigation of the Colchester incident.
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The Colchester Police officer who lost his job for letting a Burlington cop
off the hook for DUI will not face criminal charges.
Chittenden County State's Attorney TJ Donovan said there isn't enough evidence to prove Dale Trombley neglected his duty as a police officer during the November traffic stop.
He also said Donald Lilja who resigned from the burlington force after admitting he was driving drunk that night will not face DUI charges.
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The legal license of a Burlington lawyer sentenced to jail
time for simple assault has been suspended for at least two months.
Robert Andres, 48, began serving a three-month sentence in August for hitting a man in a wheelchair. A complaint based on this criminal case was filed against Andres with the Professional Responsibility Program. The case is pending before the program.
However, the Vermont Supreme Court granted a temporary and immediate suspension of Andres' license until the Professional Responsibility Program makes its finding. In addition, the program imposed a two-month suspension, beginning Nov. 1, in a separate case in which Andres was accused of failing to follow through with a client's case.
E. Bakersfield woman dies in car accident -- end --
The role lawyers played in Fletcher Allen Health Care's
recent troubles offers a lesson to attorneys around the state, ...
Donald Rendall Jr. issued a statement about the controversy soon after Fletcher Allen's board of trustees released a report detailing, in part, how the hospital's lawyers advised their client. The hospital situation is a reminder that attorneys sometimes must balance client obligations with ethical obligations, Rendall said in the statement.
... The trustees' report depicts hospital managers' lying to state regulators and attorneys who never brought the impending trouble to the attention of trustees or regulators.
Rendall's statement outlines the difficulties attorneys face in representing their clients' best interests and following the law.
"Our professional judgments should always be grounded first in the principles of honesty, candor and truthfulness," the statement reads. "We should demonstrate loyalty to our clients, but also respect for our opponents, our tribunals and the legal process."
The state attorney general opened investigations Monday
into 13 age discrimination complaints filed by former workers at IBM Corp. in Essex Junction.
The Vermont attorney general has received 32 complaints in all, said Kate Hayes, assistant attorney general in the civil rights unit. "More are coming in," she said. Normally, the office receives fewer than 15 age discrimination complaints per year.
Monday, Hayes asked IBM to respond to 13 of those complaints by mail. Each complaint must be answered individually. The technology giant has until the end of September to respond.
The attorney general has asked the remaining 19 ex-IBMers who filed complaints to provide more details on their employment before the attorney general will formally investigate. The federal equal employment law prohibits employers from firing workers because they are too old.
The town of Colchester wrapped up its internal investigation
into possible police misconduct Friday night. But the Chittenden County Prosecutor is now opening his own investigation. T.J. Donovan is looking to see if any criminal charges will be filed in connection with the incident that took Colchester officials two months to investigate.
Donovan says it's the perception of an unfair double-standard that triggered the controversy that led to the firing of Colchester Police Officer Dale Trombley last Friday. The dismissal by the town manager came nearly three months after Trombley stopped an off-duty Burlington police sergeant for suspected drunk driving, but failed to process him for DWI. The Burlington cop resigned and publicly apologized three weeks after the incident.
But the Colchester internal investigation dragged on for two months, until last week when county prosecutor Donovan started dismissing Trombley's DWI cases because the officer's credibility was in question.
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The Vermont Corrections Department is ending its practice
of renting apartments where inmates can live while on furlough or when they first get out of prison.
Commissioner John Gorczyk said Friday the process was hurried along by the ,000 budget cuts his department was required to make, but the program would have been phased out anyway. ... The end of the apartment program will not end the department's furlough program, in which inmates are supervised outside prison.
Instead of renting apartments, Corrections officials will work with local housing authorities across the state and others to find offenders places to live.
... Gorczyk said the department would also use a million federal grant to help inmates return to society. The federal money will not be used to pay rent on behalf of inmates, he said.
At the program's peak, the department rented between 90 and 100 apartments across the state. Inmates on furlough or those just released from prison would live in the apartments.
The Vermont Supreme Court has upheld the Board
of Professional Responsibility's decision to suspend a Burlington defense attorney's license.
Norman Blais will be barred from practicing law for five months beginning Jan. 19.
... Blais appealed to the Supreme Court after the board struck down a deal he made with the board's attorneys for a two-month suspension. Instead, the board imposed the five-month sentence. Blais asked the Supreme Court to review the board's decision.
... Blais has practiced law in Vermont since 1976. The board charged Blais with misrepresentation and neglecting his clients, stemming from five incidents dating from 1987 to the late 1990s. Blais handled cases ranging from divorce to DWIs for the clients who complained about his representation.
Blais' former clients said he failed to file court documents and insurance claims on their behalf and did not return their telephone calls. In some cases, Blais' failure to act meant the statute of limitations expired, according to the court papers.
The VT Attorney General is investigating age discrimination
complaints by former employees of IBM Corp. in Essex Junction, said Kate Hayes, an assistant attorney general in the civil rights unit.
Hayes said Tuesday that she had received three claims against IBM stemming from its layoff of 770 employees, announced June 4. Normally, the office receives fewer than 15 age discrimination complaints per year.
The employees have the right to file a federal Equal Employment Opportunity Commission complaint by the end of March , Hayes said.
"The first thing we will do is ask IBM to respond to each specific complaint and why it is not age discrimination," Hayes said.
Hayes expected that IBM would respond with perhaps 20 to 30 pages per complaint. Workers can either respond or accept the explanation.
If the AG finds that IBM has discriminated against workers after further investigation, negotiations for compensation would begin. IBM could have to provide back pay, reinstate the worker's jobs or compensate in some other way.
Two police departments are continuing their investigation
into possible misconduct after a Colchester police officer allegedly drove home a Burlington police officer who had been pulled over under suspicion of drunk driving. As the investigations continue, so does talk among the residents of Colchester.
... The incident allegedly started at the Burger King in Colchester. Two off duty Vt. State Police troopers say that they saw the intoxicated Burlington officer there. They then called 911 to report him for drunk driving and Colchester Police picked up the call. The responding officer pulled over the Burlington cop and rather than giving him a breathalyzer or sobriety check, he allegedly drove him home.
While not everyone is angry about the allegations, most people say it sounds like a double standard.
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Vermont Prisons are OverCrowded
At the Chittenden Regional Correctional Facility in South Burlington, police sometimes must hold someone they've recently arrested because the prison lacks room, Winooski Police Chief Steve McQueen said.
"We'd wind up sitting in the driveway waiting for them to literally move someone out the back door to make room for us coming in the front door," McQueen said.
The South Burlington jail has a cap of 197 inmates. If someone comes in at night, the prison must release someone on furlough or find room in another Vermont prison, McQueen said.
The situation is so worrisome that the Chittenden County law enforcement executives have put the topic on the agenda for their next monthly meeting, scheduled for Feb. 14, McQueen said.
Vermont's drunk driving enforcement has received high marks
from a panel of federal evaluators.
Vermont's drunk driving rate has dropped over the last ten years as the legislature enacted a series of get tough DWI laws. This week the National Highway Transportation Safety Administration brought a panel of experts to Vermont to assess how the state combats drunk driving.
"Vermont's strong in the law enforcement, in fact, when looked at the law enforcement effort in deterring through their work with the community makes Vermont an excellent state and I would rank them highly," said Judge Linda Chezem of Mooresville, Indiana.
The panel said Vermont needs to improve automated reporting of accident information that sometimes is delayed two years before it is available for use statewide.
Whether Underhill-Ortiz shot Lewis in self-defense was the key
question the jury had to answer when it got the case Friday afternoon, culminating the weeklong murder trial.
If Underhill-Ortiz were found to have acted in self-defense, he would be absolved of all charges, Judge Mark Keller explained at the outset of a lengthy series of instructions. Absent self-defense, the jury was asked to enter deliberations on what would be a cascade of charges -- beginning with first-degree murder, the count he faced when the trial opened Monday. Failing unanimity on that charge, the jury was to consider a verdict on a charge of second-degree murder; and failing agreement on that, on voluntary manslaughter, and finally, on involuntary manslaughter.
After Underhill-Ortiz left the stand, the prosecution requested, out of the jury's hearing, that a charge of second-degree murder also be considered. Underhill-Ortiz and his legal team, in response, asked that charges of voluntary and involuntary manslaughter also be considered.
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