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NOVEMBER 2006 I out in the mountains 5

VERMONT ELECTIONS

Rita Phelps Opposes Jim Mongeon

Gay Supporters on

Opposite Sides in _
Rutland Co. State's
Attorney Race

BY LYNN MCNICOL

BRANDON - Political newcomer
Rita Phelps wants to stomp ou't
crime in Rutland County, and
she’s running for office to do just
that. Phelps is opposing incum-
bent Republican Jim Mongeon
who is state’s attorney for this
central Vermont county.

Phelps has the support of Leo
Porter, a Brandon resident who
was stalked and harassed for years
by‘ a neighbor who used abusive
language and homophobic slurs
against him. Neither the Brandon
police and nor the Rutland County
state’s attorney managed to rem-
edy the situation, Porter charges,
and he’s ready for a change.

_Mongeon is also supported by
a campaigner who is gay: Steve
Howard, a Democratic represen-
tative from Rutland. Howard is
working on behalf of Mongeon,
an incumbent he believes is still
the best person for the job.

Phelps, who is running as an
Independent, says she is “an avid
victims’ advocate.” She emphasiz-

  

es that drug-related crimes are on
the increase in Rutland County,
and she plans if elected to hold
more trials instead of settling so
many cases. Although not an at-
torney, Phelps, as a paralegal,
says she has worked on behalf of
crime victims in many areas in-
cluding domestic violence, child
abuse and disability law.

Born in Brandon, Phelps stud-'
ied at Johnson State College and
focused on paralegal studies at
Woodbury College. She says she
became involved in victims’ rights
legislation as a volunteer after her
divorce and subsequent discovery
of sexual abuse within her own
family. Phelps later remarried
and moved with her second hus-
band to Florida for a time, then
returned to Brandon.

Phelps now works for Vermont
Protection and Advocacy, a non-

 

profit that works for the rights of
people living with disabilities.

If elected,‘ Phelps said she
will support police departments,
negotiate for long sentences for
drug dealers, and enforce domes-
tic violence restraining orders
and truancy laws. '

“The Rutland County State’s
Attorneys Office, under ‘James.
Mongeon’s leadership, is notori-
ous among attorneys who defend
criminals, as being easier to settle
a case with than any other state’s
attorney’s office in the region,”
Phelp’s website charges.

Leo Porter, the. homophobi-
cally harassed Brandon resident,
works as Phe1p’s campaign publi-
‘cist, and supports her contention
that Mongeon has not been tough
enough on criminals.

“I myself [...] was victimized by
neighbors with years of hate crimes
that were never prosecuted even
though piles of affidavits and evi-
dence that was delivered to his of-

fice; that is why I am so dedicated

to this cause,” Porter told OI Till .
Porter’s story was reported
in Seven Days newspaper (“Bul-.
lied in Brandon,” Sept. 29-Oct. 6,
2004). Porter, who lived with his
mother, uncle and brother, said
when the Martels moved in next
door a number of years ‘before,
everything seemed to be fine. But

OPENLY GAY AND LESBIAN CANDIDATES CAMPAlGN IN VERMONT

6 CONTINUED FROM PAGE 1

cident, is rimning for re—election
this year. '

Vermont's House of Represen-
tatives is also likely to see openly
gay and lesbian members next
year. Steve Howard, a graduate of
Boston College, is running for re-
election in Rutland. He previously
represented Rutland Town in the
Vermont House of Representa-
tives for six years. In 1998, he left
the House in an unsuccessful bid
for the state Senate. He was re-
elected to the House in 2005.

Democrat Jason Lorber, a non-
profit consultant and part—time co-
median, is running for re-election
in Burlington. Lorber’s- website
highlights his legislative priori-
ties. “We must protect everyone’s
rights and liberties by adopting
laws that outlaw discrimination
against transgender Vermonters,
and we should recognize equal
marriage rights for sarne—gender
couples,” he says. ‘

State Reps. Bill Lippert (D-

Hinesburg) and Robert Dostis (D-
Waterbury) are also both seeking

re-election to the House. Lippert,
a leader in Vermont’s landmark
civil union legislation, was first

appointed to his seat by former
Gov. Howard Dean in 1994. Dostis

was first elected in 2001.

In her first race for the state-
house, Progressive Jean Szilva
would like to represent Winooski
in Vermont’s House of Represen-
tatives. Szilva, a former physiciav
faces Democrats Rep. Kerumlli Ai-
kins and Wmooski Mayor Clement
Bissonnette. Szilva’s legislative pri-
orities include health care, energy,
the environment, livable wages,
and affordable housing. “Progres-
sives have an impressive track
record in the Statehouse and I am
eager to add to their voice,” she
says on her website. “Only with
more independent voices in Mont-
pelier do the working families have
a chance to be well-represented in
their state government.”

Two candidates who will not
appear on We b: t this vear are
Democrat Tin; "nlmer ar» 1 Repub-
lican Karen lrerin. In the Demo-
cratic primary for the state Sen-
ate in Chittern. n County, Palmer
lost hie race lg, :9 votes. Palmer
previously worked as Executive
Director of VEilY10l it v _xRES, the
stat.e’s largest AIDS service orga-
rt --ztion.

Karen Kerin, a transgender Ver-
nionter, lost her primary campaign
for the GOP nomination for Attor-
ney General. Kerin, a civil engineer
with a law degree from Vermont
Law School, was born Charles
Kerin and had a sex change op-
eration after she was diagnosed
with cancer and -was treated with
female hormones. In 2000 she ran
unsuccessfully for the U.S. House
of Representatives.V

Paul Olsen is the Vermont
correspondent for Boston’5
In Newsweekly.

within a couple of years, harass-
ment, primarily from David Mar-
tel, Sr., suddenly began, then es-
calated and persisted for years.

“We have no clue,” Porter told
Seven Days. “The only conclu-
sion we can come to is that he
[David Martel] assumed I was a
homosexual.” Much of Martel’s
language repeated in the news
story is threatening and homo-
phobic toward Porter.

Despite numerous phone calls
to Brandon police over the three-
year period, only Sgt. Laurie Krupp
responded by thoroughly investi-
gating the complaints. Krupp said
that other officers not only refused
to take Porter’s complaints serious-
ly, but Verbalized “unprofessional
comments” in regard to Leo Porter,
the report said.

Porter, who eventually won
a hate-crimes protection order,
and later came out as a gay man,
said that order was also violated.
After his mother died, he did not
feel like pursuing the violations,
he said. He said the Martels have
since moved out of state.

Phelps said she was not living in
Vermont at the time of Porters or-
deal. However, when she was a crime
victim herself in Rutland County,
Phelps said that the state’s attorney
oflice didn’t provide the help she
needed. “The state’s attorney office
does not respond to you."

“Only since I’ve started run-
ning [for office] have they stood
up in court and asked for lengthi-
er sentences,” Phelps maintained.
While acknowledging that trials
are expensive, Phelps said she
is especially concerned that the
arrival of “major drug dealers”
arriving from New York and Mas-
sachusetts are “having a devastat-
ing impact” on Rutland County.
She cited increases in crimes in-
volving credit cards, burglaries,
and armed robberies that “didn’t
used to exist” in the area.

Mongeon has faced election
opposition only one other time in
his 26 years as state's attorney. He
is running on both the Republican
and Democratic tickets this year.

Rep. Steve Howard introduced
a resolution in the state legisla-
ture honoring Mongeon’s service
to the community. Howard spoke
of Mongeon as someone‘ very in-
volved in the community, includ-
ing joining Green-Up Days and
working with the Rutland United
Neighborhood as a way to com-
bat crime.

“My -experience with him is
that he's very responsible and
very eager to help victims of
crime,” Howard said. “I believe
Jim does the bestjob he can with
the resources provided."

 

Asked about the harassment
against Porter and his family,
Howard said it was “the first I’ve
heard of it," and he could not
comment on the case.

'7 Days reported in its story
thatrthe attorney general’s office
was involved with the case.

Mongeon also would not com-
ment on Porter's case. “I don't
comment on attorney general
cases,” he told OITM. “I don’t re-
call how the attorney general (be-
came) involved} he said.

Mongeon has four attorneys
in his office. He said one attorney
handles mostly motor vehicle and
DUI cases; one takes care of ju-
venile, family and domestic abuse
cases; a third handles the remain-
der of domestic abuse and sexual
assault cases, and misdemeanors,
and the fourth attorney primarily
covers drug court, felonies and
misdemeanors.

“I handle all of the homicide
and death” cases, Mongeon said,
plus escapes, other felonies and
aggravated assault cases.

He said in working together ‘

with the U.S. Attorney General’s
office on drug-related crimes,
“dozens of persons” have been in-
dicted and sent to federal prison.

As for settling cases, Mongeon

said “we look at where the issues
are” when reviewing cases brought
to him by police. Many times, cases
don’t need to go to trial. It’s also a
matter of resources, as trials take
time and money from other work
that needs to be done.

He said avictim’s advocate works
in the states attorneys office and
helps victims of crimes “depending
on what the person needs.”

Mongeon said it’s “very clear
the state’s attorney needs to be an
attorney.”

“I think the people in any coun-
ty need to have a state's attorney 
an attorney who can go into court,
present cases and argue motions,”
Mongeon said. If the states I at-
torney was not an attomey, “that
would have a major negative im-
pact on the office,” he said.

Phelps said if she is elected
state’s attorney, she will be han-
dling the agenda and decisions
about sending cases to reparative
justice and diversion. She said
she will reassign cases within the
office, and that there may be staff
changes, as well as budget con-
siderations that may permit the
hiring of a part-time attorney

Phelps said sh .-.- not simply
nmning against Mongeon, but be-
cause she Wants to work to stop
the growing problem of crime in
the Rutland area. .

“It’s the larger issue of what’s
going on in the county,” she said.V

\

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