Howard Dean's Police State of Vermont, Sotomayor and Government Crime

Howard Dean's Police State of Vermont, Sotomayor and Gov't Crime

Scott X Huminski & Gary Zerman, Esq.

Copyright 2011 by Scott Huminski

Smashwords Edition

Howard Dean's Police State of Vermont, Sotomayor and Government Crime

Scott Huminski and Gary Zerman, esq.

Prologue

Constantly we hear the mantra from the legal beagles, pols and judiciary that America has the best legal system in the world. But is that true?

We see the televised hearings for U.S. Supreme Court nominees, with preening and primping senators from both major parties, telling us they are there upholding the Constitution and defending our rights. We see the nominees tell us how they will apply the law impartially and ensure equal justice. But is that true?

On October 17, 1986 The Bennington [Vermont] Banner published an article Police Advocate Runs for State's Attorney about assistant prosecutor William D. Wright. That article prompted several prominent members of the State of Vermont's legal community to prepare and sign a joint Letter to Editor titled State's attorney candidate called 'frighteningly ignorant' - which the Bennington Banner published on October 31, 1986:

The public is indebted to the Banner for its revealing Oct. 17 article on William D. Wright's candidacy for State's Attorney. Your reporter painted a man who sees his job as a contest between good and evil, cops versus robbers, and us against them. A man who tags along after the police, on some occasions carrying a pistol in a black valise, and who has a rope noose hanging from his office window sill.

The article gave a chilling portrait of a person frighteningly ignorant of the delicate balancing act of the very powerful office he will apparently assume by default.

In our legal system the public prosecutor is held to a higher standard. Cannon 7-13 of the lawyers' Code of Professional Responsibility states:

The responsibility of a public prosecutor differs from that of the usual advocate; his duty is to seek justice, not merely to convict. This special duty exists because:

(1) the prosecutor represents the sovereign and therefore should use restraint in the discretionary exercise of governmental powers such as in the selection of cases to prosecute;

(2) during trial the prosecutor is not only an advocate but he also may make decisions normally made by an individual client, and those affecting the public interest should be fair to all; and

(3) in our system of criminal justice the accused is afforded the benefit of all reasonable doubt.

With respect to evidence and witnesses, the prosecutor has responsibilities different from those of a lawyer in private practice. The prosecutor has a duty to disclose exculpatory evidence, and act accordingly by dismissal, reduction of offense degree, or reduction of punishment. Further, a prosecutor should not intentionally avoid pursuit of evidence merely because he believes it will damage the prosecutor's case or aid the accused.

Jane A. Adams, Esq.; Patricia A Barr, Esq.; Edgar T. Campbell, Esq.; Gerald P. Cantini, Esq.; Charles E. Capriola, Jr., Esq., Bennington County Public Defender 1972-73; Harvey D. Carter, Esq., Bennington County Senator 1984-92, Representative District 32, 1969-70; Charles C. Chamberlain, Esq.; Eugene V. Clark, Esq., Bennington County Senator 1962-63, Bennington Municipal Judge 1959-1961; James J. Cormier, Esq.; Robert E. Cummings, Esq., Bennington County Senator 1975-77, Commissioner of Banking and Insurance 1963-65; Kevin P. Dailey, Esq.; Thomas J. Dailey, Esq.; Rhys Evans, Esq.; Stephen H. Gilman, Esq., Bennington County States Attorney 1951-53; Marilyn F. Hand, Esq.; John B. Harte, Esq., Bennington Municipal Judge 1951-58, Bennington Representative 1951-59, Bennington County State's Attorney 1949-1951; Katherine A. Hayes, Esq.; Peter V. Holden, Esq.; David A. Howard, Esq., Bennington County Public Defender 1980-86; Thomas H. Jacobs., Esq., Peter M. Lawrence, Esq.; K. James Malady, Esq., Bennington Deputy State's Attorney 1976-1983; John P. Morrissey, Esq., Vermont Superior Judge 1974-83, Vermont District Judge 1968-74; Neil S. Moss, Esq., Bennington County State's Attorney 1970-75; Bradley D. Myerson, Esq.; Michael W. Nawrath, Esq.; Joseph J. O'Dea, Esq.; James W. O'Neil, Esq.; David C. Pendelton, Esq.; Gerald B. Salkin, Esq.; Stephen L. Saltonstall, Esq.; Rolf M. Sternberg, Esq., Thomas P. Whalen, Esq.; R. Marshall Witten, Esq., Representative 3-3 1969-72, Bennington County State's Attorney 1962-67, Assistant District Attorney N.Y. City 1959-61; Robert E. Woolmington, Esq.

Mr. Wright, unopposed won that election.

Well what happens when a citizen attempts to use those rights supposedly guaranteed by our Constitution? Justice Louis Brandeis stated: The most important political office is that of private citizen. Justice Robert Jackson stated: It is not the function of the Government to prevent the citizen from falling into error, it is the function of the citizen to prevent the Government from falling into error. Communications Assoc. v. Douds, 339 U.S. 382, 442 (1950). Chief Justice Warren Burger stated: The operations of the courts and the judicial conduct of judges are matters of utmost public concern. Landmark Communications v. Virginia, 435 U.S. 829 (1978).

Following is the story of citizen Scott Huminski, who attempted to use his rights and expected the Constitution to be honored by those in government who took an oath to follow and uphold it. It is a story of when personalities, politics, power and privilege converge and collide with the Constitution. Where those in government with power, abused that power and in violation of the Constitution and law - retaliated against Scott Huminski. Most frighteningly - the judges.

It is a story that is endlessly repeated across this county on hundreds of thousands of other Americans. Scott Huminski's case is different because he fought back, endlessly pursued justice and thoroughly documented everything that happened to him. The simple truth is that, too many government actors - are bad actors, yet they hide in plain sight and even when called before the bar of justice, almost always escape scot free.

And unfortunately, as the saying goes, too often past is prologue.

Chapter 1

The State of Vermont

Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, 9,250 square miles (24,000 km2) and 45th in total area. Its population, 625,741, is the second smallest in the country. It is the only New England state not bordering the Atlantic Ocean, and the only landlocked state in the northeast. Lake Champlain forms half of Vermont's western border, which it shares with the state of New York. The Green Mountains are within the state. It is bordered by Massachusetts to the south, New Hampshire to the east, New York to the west, and the Canadian province of Québec to the north.Vermont is the leading producer of maple syrup in the United States. The state capital is Montpelier, and the most populous city and metropolitan area is Burlington. No other state's most populous city is less populous than Burlington (42,417), nor its capital city as few as Montpelier (7,705). It is truly a backwoods environment lending itself to small bands of officials that have little or no accountability from any governing state or federal authority. During the regime of Howard Dean, accountability arose from the governance of Howard Dean and his top appointee Vermont Attorney General William Sorrell.

A dark and secretive underworld took place in Vermont in the 1930's that remains a source of public humiliation to this day. In 1925, Henry F. Perkins, professor of zoology at the University of Vermont, organized the Eugenics Survey of Vermont as an adjunct to his Heredity course. Its mission was threefold: eugenics research, public education on their findings, and support for social legislation that would reduce the apparent growing population of Vermont's social problem groups or flatlanders.

For the first three years, the Eugenics Survey's research consisted of gathering evidence from social case records, town officials, and various informants of bad heredity in over sixty Vermont families to support campaigns for negative eugenics measures such as sexual sterilization, expansion of colonies for the feebleminded, and mandatory use of mental testing in social work with dependent families, in public schools, and in the criminal justice system. In 1927 Professor Perkins briefed the state legislature using the findings of these studies in a campaign to enact a sterilization law which he stated was, a Law for human betterment by voluntary sterilization.

In 1932 the Eugenics Survey embarked on a new project of ethnic study in Burlington. Directed by Elin Anderson, Instructor of Eugenics and Assistant Director of the Eugenics Survey, the four-year study offered an alternative view of eugenics to the one Professor Perkins had advocated for the past decade. Through the voices of her interviewees, sociological analysis, and her own observations, Anderson revealed instead that race consciousness and the social forces that secured the Yankee Protestant stronghold on the institutions of the city comprised many of the true roots of the social problems.

While the Eugenics Survey operated as an official adjunct to the Zoology Department at the University of Vermont, it was privately funded and staffed by a succession of professional social workers who conducted the investigations, compiled reports, and promoted the findings among Vermont's social agencies. Professor Perkins depended upon the cooperation and support of an impressive roster of civic leaders, private charities, government officials, and professors in relevant fields, who endorsed the enterprise through their official roles. While Perkins' advisors frequently tempered his zeal for hereditary causes of social problems, they nevertheless supported state programs for identification, registration, and social control of dependent, delinquent, and deficient families. The Eugenics Survey also derived support from governors, state legislators, judges, and town officials throughout the state.

Eugenics in Vermont did not begin with the Eugenics Survey, nor did it disappear after the Survey closed in 1936. This enterprise, however, with the support and endorsement of social reformers, government agencies and private philanthropies, acted as the official agency of the American eugenics movement in Vermont. The Eugenics Survey closed in 1936 at the completion of Shirley Farr's ten year agreement to fund the enterprise. Eugenics education continued at the University of Vermont and other colleges and high schools in the state. Vermont's eugenic solutions -- in the form of identification, registration, intervention in families with problem or backward children, and sterilization of those deemed unfit to conceive future Vermonters -- continued under the supervision of the Department of Public Welfare for some time after 1936. Vermont eugenics provides the first hint that 50 years later, Vermonters would support a leader, Howard Dean and his crony Attorney Gerneral William Sorrell that would adopt another policy of 1930's axis powers -- The Police State.

Today, the term flatlander is used as a negative slander towards non-native Vermonters and visitors. In its basic concept, the term implies a person who visits the state or lives there, and brings negative qualities from their home, influencing the minds of native Vermonters. It is a person who is unfamiliar with traditional Vermont ways, and unfortunately for the flatlander, if they assimilate to Vermont culture and reside here for 50 years, they can never rid themselves of this label.

Chapter 2

Howard Brush Dean III

Howard Brush Dean III was born the oldest of four boys on November 17, 1948 to Howard Brush Dean, Jr. and Andree Belden Maitland in East Hampton, New York. Howard's mother was an art appraiser and can trace her family roots back to Richard Maitland, born in Scotland circa 1234. Like his father and grandfather before him, Howard Dean, Jr. was a substantially wealthy and successful investment banker working for the stock brokerage Dean Witter until later retiring as a top executive.

Young Howard lived a life of wealth and privilege. In the mid-1950s the Deans built a lavish East Hampton home on Hook Pond. The Village of East Hampton, located in Suffolk County, New York, is quaint with a small town character. There are majestic old elms, green expanses, English windmills, and the famous Hook Pond on which the Dean home was built. The Village of East Hampton was voted America's Most Beautiful Village, by National Geographic and the homes in East Hampton remain among the most exclusive addresses in America.

The Republican Dean family belonged to the conservative super-exclusive Maidstone Golf Club in East Hampton, which at the time did now allow minority or Jewish Members. Set against the Atlantic Ocean, the Maidstone is one of the oldest and most exclusive golf clubs in the United States. Today the Maidstone has been ranked as one of the top courses in the world by Golf Magazine's panel of experts.

Spending much of his early youth in East Hampton, Howard and his three younger brothers Charlie, Jim, and Bill spent a great deal of time outdoors. They were known to often ride their bikes in the rural countryside and build elaborate underground forts. Howard's rural upbringings are sometimes credited with later helping him connect to the voters of the rural state of Vermont, despite the fact that he did not come from the everyday rural American family.

In addition to the large home in East Hampton, the Deans also owned a luxurious three-bedroom Apartment in New York City on the Upper East Side of Park Avenue where Howard continues to stay on occasion to this day. Because Howard's father worked in New York City, the boys were shuffled back and forth from the primary house in East Hampton and the Park Avenue apartment, but they attended school at the exclusive Browning School in Manhattan. Considered one of the top private schools in New York City, young Howard found his educational foundation anything but ordinary. The Browning Mission was founded in 1888 as an exclusive preparatory school for boys whose alumnus includes John D. Rockefeller and other Rockefeller's followed as alumnus of the exclusive school.

But the young Howard is not on the distinguished list of Browning School alumni. At the age of 13, just in time for high school, it was decided by his parents that he was not getting enough exposure to the outside while at Browning. Subsequently, Howard was sent off to the prestigious St. George's boarding school in Middletown, RI. St. George's, considered an upscale boarding school, was founded in 1896 with an Episcopal heritage, but with an independence that welcomed all faiths. The school's main building, a large castle like structure, sits on 125 seaside acres near Newport, RI. The school even provides a 69-foot Marine research sloop named Geronimo for use by the students. St. George's is an elite institution and provided a prestigious high school experience for Howard Dean III. In 2010, a single year of tuition and boarding came to a staggering $43,000. But Howard was not finished yet.

Howard Dean III spent one of his high school years at one of Britain's most prestigious preparatory boarding academies, the Felsted School. Despite its prestige it is actually a British public school located in the village of Felsted near Great Dunmow in northwest Essex. In Tatler's 2010 Schools Guide, they state this long-established country public school has been educating and refining the sons of local well-to-do farmers for almost 450 years.

After high school Howard Dean III attended Yale University, which has a storied history of America's ruling families, secret societies, and conspiracies. Though Dean has never admitted it, there is some speculation that he belonged to the ultra-secret society known as Skull and Bones. Prior to Barack Obama being elected president in 2008, amazingly the United States had three presidents in a row who had graduated from Yale: George Bush Sr., Bill Clinton, and George W. Bush. And both