Who's In Charge?

A few weeks ago, the Vermont Supreme Court set free a repeat offender on the pretense that  he wasn't prosecuted within a time frame that satisfied his constitutional right to a speedy trial. On its merits, the the case is hardly worth reporting. However, it is an excellent example of how our court uses its power to appropriate the legislative function of the state. In this case, the court made little effort to conceal its intentions and outright threatened the rule makers to increase funding to the state or have violent felons and murderers set free on them.   

"We are concerned, however, that the circumstances resulting in the dismissal of the charges in this case court conceivably arise again, perhaps in a case involving a murder or another serious felony.

    We within the criminal justice system, and particularly the judiciary, have the duty and responsibility to assure that this does not happen...  To the extent that what happened in this case is not an aberration but rather the result of a lack of funding to support the criminal justice system in this state, we encourage the Legislature to examine any unfulfilled needs and address the problem."

The court made this thinly veiled threat even though it admitted it has no evidence to support the assertion:

    "Because of the limited record before us in this case, we cannot be sure if this case represents an aberration or a growing crisis in the provision of defender general services in Vermont."

The story of this case is only worth report now because of this story suggesting hat Governor Douglas is afraid the court might keep its promise. It seems two high-profile murder suspects made recent requests to change attorneys which is viewed by many as part of a ploy to get the same remedy given Mr. Brillon in the above case. Can our court be trusted to set them free as promised?

Only time will tell.

Comments

[Karen Kerin]

It is disappointing that Sorrell, our Attorney General, refuses to prosecute embezzlers of town funds and purges the conviction of the former Windham County Sheriff who only got 100 hours of community service. Yet, heaven help anyone who is summoned to the judicial Bureau where no one is ever found innocent and a jury trial can only be had on appeal with costs.
Did I mention that the same Attorney General breached his oath of office and oath of allegiance to defend our constitutional right for an individual to keep and bear arms (see article 16 of VT Const.), which oath bears a penalty of the pains of Perjury? He refused to sign with 3/5's of the state attorneys general on the amicus brief claiming the individual right. Vermont has the strongest case because we have a very low violent crime rate. Who prosecutes the chief law enforcement officer when he goes rogue?

[Scott Huminski]

Sorrell defended prosecutor William Wright in civil court when he should have been prosecuting Wright for extortion, obstruction of justice and acceptance of a bribe. See details at:

http://prosecutorialmisconduct.blogspot.com/

Sorrell is corrupt. -- scott huminski