Process to handle incompetent defende...

Process to handle incompetent defenders strains court resources

There are 16 comments on the Bennington Banner story from Feb 15, 2010, titled Process to handle incompetent defenders strains court resources. In it, Bennington Banner reports that:

There is a conundrum that has faced prosecutors, judges and state agencies for years -- what to do with defendants who are found incompetent to stand trial but aren't dangerous enough to institutionalize.

Join the discussion below, or Read more at Bennington Banner.

Kevin Hoyt

Center Harbor, NH

#1 Feb 16, 2010
Maybe the State should consentrate on dropping all the frivolous cases they put in front of the Court to begin with. Why waste time on jury selection only to dismiss the case the next day? Why are our jails loaded with inmates that have done their time, but are still held because of "lack of residence"? Is that a reason to keep someone in jail? How about all the cases where the "victims" don't want to pursue charges, but the State then picks them up to run with it only to be dismissed them later because of lack of evidence or witnesses? There seems to be a lot of ways to save money and reform the Court system; and the first step is to remove these overzealous prosecutors and the corruption that has spread throughout the Bennington officials. As far as the crazies; treat them like every other criminal (if they're crazy, tell them it's only a vacation and move on), but before they are even charged or held, we should make sure they are guilty of something and not just another notch on some prosecutors belt.
not sure about that

Essex Junction, VT

#2 Feb 16, 2010
Kevin Hoyt wrote:
Why waste time on jury selection only to dismiss the case the next day? Why are our jails loaded with inmates that have done their time, but are still held because of "lack of residence"?
To your first question above..........It is everyone's right to wait to the very last minute to strike a deal. Jury's must be drawn at some point. That is the law. It is a great waste of resources, I agree with you on that. Just not sure how we could address it without violating someone's rights. Do not forget, sometimes it seems that the criminal has more rights than the non-criminals!!

To your second question.........Granted, I am no expert at any of this, but I strongly doubt there is anyone still incarcerated that has "done their time" and is being held in jail only because they have no residence to go to. Once you have done your time, you are done. They will release you, residence or not.(Jeez, I hope I am right about this. I'm not high on our Justice system, but I am hoping we aren't keeping people jailed after they have "done their time".)

Am I off base here?
Kevin Hoyt

Center Harbor, NH

#3 Feb 16, 2010
not sure about that wrote:
<quoted text>
To your first question above..........It is everyone's right to wait to the very last minute to strike a deal. Jury's must be drawn at some point. That is the law. It is a great waste of resources, I agree with you on that. Just not sure how we could address it without violating someone's rights. Do not forget, sometimes it seems that the criminal has more rights than the non-criminals!!
To your second question.........Granted, I am no expert at any of this, but I strongly doubt there is anyone still incarcerated that has "done their time" and is being held in jail only because they have no residence to go to. Once you have done your time, you are done. They will release you, residence or not.(Jeez, I hope I am right about this. I'm not high on our Justice system, but I am hoping we aren't keeping people jailed after they have "done their time".)
Am I off base here?
You are not off base if we had a fair system, but you are incorrect about the system we have. The jails are LOADED with people because of the lack of residence catch (even though they "did their time". The point about jury selection is that the prosecutors KNOW at that time that they do not have a case, but hold out until the end just to punish the person involved and at a cost to the taxpayers and time for the already overloaded system. When time is money, why do these peosecutors waste it so?
not sure about that

Essex Junction, VT

#4 Feb 16, 2010
Kevin Hoyt wrote:
<quoted text>
You are not off base if we had a fair system, but you are incorrect about the system we have. The jails are LOADED with people because of the lack of residence catch (even though they "did their time". The point about jury selection is that the prosecutors KNOW at that time that they do not have a case, but hold out until the end just to punish the person involved and at a cost to the taxpayers and time for the already overloaded system. When time is money, why do these peosecutors waste it so?
Why would the State hold people in jail after they have "done their time"? I have never heard of that. Wouldn't that be illegal?

I don't know the answer to your last question, but I suspect that both sides do that.
Vermont transplant

Burlington, VT

#5 Feb 17, 2010
If you think Vt's legal system is screwed up go to Mass where they put you on probation before you are even convicted and they give you a public pretender whose specialty is realestate law when the person he is supposed to defend is involved in a criminal case. Watch out if they start to control health care you will have a dentist doing brain surgey.
Kevin Hoyt

Randolph, VT

#6 Feb 17, 2010
not sure about that wrote:
<quoted text>
Why would the State hold people in jail after they have "done their time"? I have never heard of that. Wouldn't that be illegal?
I don't know the answer to your last question, but I suspect that both sides do that.
Why? Overzealous prosecutors. I have an article from the newspaper where Erica Marthage and Detective Larry Cole state that "even if we don't have enough evidiece to convist, we will hound these people and make their lives miserable until they are driven out of the area"! I was not aware of the "residence" issue until I was recently sent to jail for 2 weeks. I agree that this isn't a reason to hold a man in jail, but it is happening every day. Not sure where you would get the numbers, but VT corrections must have records on why these men are being held and how many there actually are (I'm guessing in the hundreds). Your question about the lagality of these tactics by the State is exactely my point. How can we have a fair system if prosecutors can lie cheat and misrepresent themselves in Court and then are backed up by court officials and the correction department?
And Then

Manchester Center, VT

#7 Feb 17, 2010
Kevin Hoyt wrote:
<quoted text>
Why? Overzealous prosecutors. I have an article from the newspaper where Erica Marthage and Detective Larry Cole state that "even if we don't have enough evidiece to convist, we will hound these people and make their lives miserable until they are driven out of the area"! I was not aware of the "residence" issue until I was recently sent to jail for 2 weeks. I agree that this isn't a reason to hold a man in jail, but it is happening every day. Not sure where you would get the numbers, but VT corrections must have records on why these men are being held and how many there actually are (I'm guessing in the hundreds). Your question about the lagality of these tactics by the State is exactely my point. How can we have a fair system if prosecutors can lie cheat and misrepresent themselves in Court and then are backed up by court officials and the correction department?
And then their lies are published in the Benn. Banner for the whole community to believe. In many cases the judge or a jury never hears the evidence,People are scare not to take a plea deal even when they are innocent.
load

Bennington, VT

#8 Feb 17, 2010
And Then wrote:
<quoted text> And then their lies are published in the Benn. Banner for the whole community to believe. In many cases the judge or a jury never hears the evidence,People are scare not to take a plea deal even when they are innocent.
Load of crap. Either that or they're so pathetically stupid they should be locked up anyway.

Funny how you all want the law changed so it'll let you keep committing crimes.
Kevin Hoyt

Randolph, VT

#9 Feb 17, 2010
not sure about that wrote:
<quoted text>
Why would the State hold people in jail after they have "done their time"? I have never heard of that. Wouldn't that be illegal?
I didn't know any of this either, but it is VERY true - The State HAS to have records somewhere; I'm just not sure where that is. It's probably as easy as going online or asking the right person. Just look at the numbers! Has the crime rate in Bennington gone up that much since Erica Marthage went into position or is she really the supercop and savior she thinks she is? First it was a sex crime platform (who's going to argue against that; not me that's for sure)... 2-3 sometimes more EVERY week (in a town of what, maybe 50,000). At that rate EVERYONE would be in jail before midcentury. I guess the real sex freaks must be getting smarter because there have been very few since Larry Cole was demoted. I believe this is everywhere, in every State, but Bennington County in particular. These overzelous prosecutors and their whole dedicated "team" work very close together to build and fabricate stories to up their convictions and tie up the Courts on worthless garbage. The topic has long been lost in this letter, but when you call for system change, maybe the people should have a say. When the people in power use that power against the everyday people and for their own benefit & gain - they too should be held accountable and removed from that position.
Kevin Hoyt

Randolph, VT

#10 Feb 17, 2010
And Then wrote:
<quoted text> And then their lies are published in the Benn. Banner for the whole community to believe. In many cases the judge or a jury never hears the evidence,People are scare not to take a plea deal even when they are innocent.
Arlington can see it, and an accurate post. Again, it's a numbers game. A jury means a roll of the dice, and if you're a prosecutor (that is a prosecutor without a concious)you have NOTHING to loose. I KNOW any half-*ss lawyer can put 100 INNOCENT men in front of a jury and get X number of CONVICTIONS. You can't make it to governor or other high position without convictions. It's not about right or wrong, guilt or innocents anymore, it's about railroading/destroying innocent people, felony conspiracy, giving the Government false information, greed, power, politics and NUMBERS. They watch us, but who is watching them? Time for a changing of the guards.
Kevin Hoyt

Randolph, VT

#11 Feb 17, 2010
load wrote:
<quoted text>
Load of ****. Either that or they're so pathetically stupid they should be locked up anyway.
Funny how you all want the law changed so it'll let you keep committing crimes.
My "record" consists of an underage drinking charge from "1985"! And I think the laws are OK, we just need EVERYONE to follow them (including the police & Court system). Especially the police & Court system. You can't be ignorant enough to believe everything you read can you? I was recently put in jail for 16 days for a minor family matter where no one was hurt and no one wanted to press cgarges (I am facing 20+ years). The "Banner" said a 911 hang up (I was the caller and the dispatcher said goodbye after I told her I no longer needed her). The Banner also said that I was homeless (hence the residency clause) when I am on a lease with my girlfriend + have several friends & family members in town. The Banner also said I fled when we actually had a mutual agreement, that was arived at calmly between my family members so I left a hostile enviroment. I have never been in any trouble my whole life, but when my wife sleeps with another man, when I'm falsely charged, punished, threatend with a prison sentence and destroyed for a crime I didn't commit, or when someone tries to hurt or take my children away I get a little upset. Maybe I'm weird. All I want is for the people in this town to look around and maybe question authority every once in a while (especially when it's corrupt). I think it's time to take a "load" of the Court system and get back to legal/illegal.
Kevin Hoyt

Randolph, VT

#12 Feb 17, 2010
Check the timeline (go figure)...
With help from the A.C.L.U. of Vermont, I have civil cases pending against both the Vermont Fish & Wildlife Department and the Bennington State's Attorney's office. I few others too, but no need to mention names yet. I releasts this information late October, 2009...
Within a week,I was charged with a fish & wildlife violation. After conducting my own investigation and catching officials with misconduct on video along with other EVIDENCE of purjury and false reports, I realease a video showing evidense to the public on TV November, 2009....
Two days after that show is broadcast, I am charged with minor assault and sent to jail for the weekend. January, 2010...
Two days later, the State ups the charge to a fellony (don't ask me how, I guess it grew over the weekend) and holds me in jail for two weeks...
With $5,000 bail (the State wanted $100,000; but the judge said enough!)I await trial for a case where the State has no witnesses...
Oh yeah, part of the deal for letting me out is I can't see my kids, I can't leave the County and I lose my gun rights. I am a professional hunter who travels the Country so that should help my career along great and more importantly, I am a good Dad who loves his kids very much. I'm not saying I'm perfect or did not play a part in this mess, but come on. Does it take rocket science to connect the dots.
I'm just one of many cases like this & it's not even about me, it's about the system. I hear EVERYONE talking about this issue in private, but no one dares in public forum? The laws are good, but the system is broken - how about all you Court workers I hear speaking on the same subject?
step up

Essex Junction, VT

#13 Feb 19, 2010
Hey Kevin,

Why don't you stop the propaganda and step up to the plate and accept full responsibility for your actions?

You should stop posting. You are exposing yourself through each post.

Are you REALLY the victim here?
lieking

Fairport, NY

#14 Feb 19, 2010
Kevin Hoyt wrote:
Check the timeline (go figure)...
With help from the A.C.L.U. of Vermont, I have civil cases pending against both the Vermont Fish & Wildlife Department and the Bennington State's Attorney's office. I few others too, but no need to mention names yet. I releasts this information late October, 2009...
Within a week,I was charged with a fish & wildlife violation. After conducting my own investigation and catching officials with misconduct on video along with other EVIDENCE of purjury and false reports, I realease a video showing evidense to the public on TV November, 2009....
Two days after that show is broadcast, I am charged with minor assault and sent to jail for the weekend. January, 2010...
Two days later, the State ups the charge to a fellony (don't ask me how, I guess it grew over the weekend) and holds me in jail for two weeks...
With $5,000 bail (the State wanted $100,000; but the judge said enough!)I await trial for a case where the State has no witnesses...
Oh yeah, part of the deal for letting me out is I can't see my kids, I can't leave the County and I lose my gun rights. I am a professional hunter who travels the Country so that should help my career along great and more importantly, I am a good Dad who loves his kids very much. I'm not saying I'm perfect or did not play a part in this mess, but come on. Does it take rocket science to connect the dots.
I'm just one of many cases like this & it's not even about me, it's about the system. I hear EVERYONE talking about this issue in private, but no one dares in public forum? The laws are good, but the system is broken - how about all you Court workers I hear speaking on the same subject?
you are not paranoid "they" are after you.what did you think would happen?
Kevin Hoyt

Williamstown, VT

#16 Feb 21, 2010
step up wrote:
Hey Kevin,
Why don't you stop the propaganda and step up to the plate and accept full responsibility for your actions?
You should stop posting. You are exposing yourself through each post.
Are you REALLY the victim here?
I am trying to expose the truth and I have nothing to hide. I have and do take responsibility for my actions, but have a problem with the one's they make up. A lot of my posts have already been removed so once again, your only getting the part of the story that they want you to hear. I was involved with this inncident and I am no where near perfect, but again; this isn't even about me and my one case- it's about the system and how WE can improve it.
Kevin Hoyt

Williamstown, VT

#18 Feb 21, 2010
lieking wrote:
<quoted text>you are not paranoid "they" are after you.what did you think would happen?
If you're going to be dumb, you better be tough! They can't take much more from me, and what the hell? I did see this coming and expected as much, but SOMEONE has to stand up when our Rights are being violated (it's a tough battle when fighting "the man"). It was brave and desporate men who founded this Country when the stood up against opression and unless the people of this town fight for what they believe is right, then we might just as well give in to corruption now. All I'm asking for is a fair system with officials that work for the people and not for their own personal gain. The topic was on how to save time and money for the overloaded Court & jail syatem in Vermont. In my opinion, removing the "red tape" is a good place to start.

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