Follows statement by police chief that repeat criminal had assaulted first responders, police
By Michael Donoghue, Vermont News First
Progressive Party Mayor Emma Mulvaney-Stanak has put a muzzle on the Burlington Police Department when it comes to future press releases about criminal cases impacting the city.
Mulvaney-Stanak issued an executive order that says she wants all BPD press releases to be sent to her in advance for her review.
“All press releases to be issued by the Burlington Police Department shall be sent to the Mayor’s Office for approval prior to issuance of the release by the Chief of Police or designee,” Mulvaney-STanak wrote.
She did leave a little wiggle room in the case of what she called an emergency.
“In the event that the Burlington Police Department determines that a press release must be issued on an emergency basis to communicate critical information to the public in urgent situations, such as missing person alerts or evacuation warnings, the following protocol shall be observed:” she ordered.
Mulvaney-Stanak went on to say the draft press release sent by Burlington Police to her office will need to say “Emergency Press Release” on it and she wants it submitted to her only in the form of a Microsoft Word Document.
The Mayor also said she is requiring police to tell her when the press release needs to go out immediately, or to provide her a deadline.
“If the Police Department does not receive approval of the emergency press release from the Mayor’s Office prior to the stated deadline, the Police Department may issue the press release without approval from the Mayor’s Office,” Mulvaney-Stanak wrote.
The order by Mulvaney-Stanak comes in the wake of a Public Defender Josh O’Hara and Chittenden County State Attorney Sarah George asking Judge John Pacht this week to muzzle the police following the arrest of a career criminal with about 1,850 police contacts in recent years.
Chief Jon Murad, following the latest arrest for Michael Reynolds, 47, of Burlington, raised questions about a failing Vermont criminal justice system providing protection for the public and help for the defendant.
Murad said Vermont has a habitual offender statute for criminals involved in ongoing “violent, incorrigible, antisocial behavior.” It provides for up to life in prison after 3 felony convictions for prosecutors interested in public safety.
Sarah George has not made use of the statute. George has said she does not believe many people, including Reynolds, belong in prison. The extreme liberal prosecutor also is a proponent for closing the women’s prison in South Burlington.
O’Hara took exception in court to Murad’s comments and asked Pacht to issue a gag order to Burlington Police. George joined in the anti-First Amendment motion.
Pacht said he would take it under advisement.
Reynolds has nearly 40 cases where he has blown off court-imposed orders, but judges continue to release him back into the community to deal with him. He also has 10 failures to appear in court when ordered.
Meanwhile George spoke to Mulvaney-Stanak, who opted to respond with the sweeping gag order on Thursday.
Mulvaney-Stanak has had a rocky relationship with Murad. She did re-appoint Murad when she was sworn in, but most people saw it as for a maximum of one year.
Attempts to reach Mulvaney-Stanak were unsuccessful on Thursday. Her office said she was attending the Inauguration Speech of Republican Gov. Scott in Montpelier and would not call back after it was over.
O’Hara said he thinks Murad’s comments could threaten the right to a fair trial for Reynolds.
With all of its high-profile criminal cases over the past 200 years, Vermont has never had any known cases thrown out for pre-trial publicity, courts have noted.
George has been involved in some cases that generated considerable publicity, but the trial proceed without a gag order.
Judges have often rejected similar requests from defense lawyers by citing earlier court rulings that cite various court protections, including extensive jury questioning and changes of venue for trials.
Murad said the 1,850 entries for Reynolds is more encounters than anyone else in the Burlington Police files.
“More than 170 trespass notices have been filed against him by business proprietors, property owners, and social service providers,” the chief said.
“He has harmed huge numbers of people; he routinely endangers himself and others; and Burlington’s officers deal with him more than any other person,” according to Murad, who is stepping down this spring.
“He has exhausted outlets of charity, treatment, or relief, and burned bridges with entities that seek to help the disadvantaged,” Murad wrote.
Mulvaney-Stanak directed her order only at the Burlington Police. It does not say whether the Burlington Fire Department, which reports on major fires and incidents, would also be required to have releases edited by Mulvaney-Stanak.
It is unknown whether Burlington Water Resources, which is run by the Mayor’s wife, Megan Moir, would need to get permission from the Mayor for their periodic news releases. Water Resources often issues news releases to the public about ongoing city sewage spills into Lake Champlain. The untreated sewage spills have involved up to 3 million gallons at a time.