Motion to Prohibit Department of Aging and Independent Living from Interference With William Bennett's Rights and Access to Counsel

8/6/2019 Motion to Prohibit Department of Aging and Independent Living from Interference With William Bennett's Rights and

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State of Vermont

Superior Court

Lamoille Unit39-2-11 Lecv

Emergency Motion to Prohibit Department of Aging and Independent

Livings ( DAILS) interference with William Bennetts right and access to

counselComes now the undersigned counsel, and hereby files this

Motion to Prohibit the Department of Aging and IndependentLivings( DAILS) interference with William Bennetts right andaccess to counsel, and as grounds therefore states as follows to the

best of her knowledge and belief:William Bennett is in custody of the Commissioner of DAIL, pursuant to Act 248.Mr. Bennett has been called mentally retarded by the State of Vermont; and Mr.Bennett has a learning disability.The Act 248 case had been in Caledonia County, docket number 12- 12- 09 Camh-act, however, it has been transferred to Lamoille County. (Please Note: As of filingthis Motion, on May 6, 2011, a Court furlough day, the undersigned is unsure ofthe Lamoille County docket number; however, Mr. Bennett has also filed a Petition

for Writ of Habeas Corpus, in 39-2-11 Lecv; that Motion is still contested and ispending a decision by the Court. The undersigned is filing this Motion in both 39-2-11 Lecv, and the Act 248 docket number.)


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As of early March, 2011, DAIL has placed William Bennett at NKHSs LowellHouse an alleged therapeutic group home, located at 419 Rickaby Road, Lowell,Vermont.

Mr. Bennett is unable to adequately communicate with counsel:

The Commissioner has apparently mandated that Mr. Bennettsphone conversations with counsel are no more than 5 minutes inlength; in addition there is no privacy for the attorney/client

phone calls.The events of May 5, 2011 are to the best of my recollection:

The afternoon of May 5, 2011, the undersigned spoke with Mr.Bennett, and Lowell House staff could clearly be heard talkingin the background during the phone call; in addition the LowellHouse television was on. The staff voices and TV were very

disruptive. I asked Mr. Bennett if he could please speak to meprivately and he told me that he was not allowed to. I thenasked to speak with Lowell House staff about this situation; Iheard Mr. Bennett asking staff to speak with his attorney, andLowell House staff refused to speak with me. I asked Mr.Bennett to please go upstairs to his room so he could speak withme privately; he was very hesitant and afraid of getting in

trouble. Mr. Bennett brought the phone up to his room to speakwith me, we had a brief conversation, and soon I could hearLowell house staff outside his door yelling at him. I asked Mr.Bennett to tell them he needed to speak with me in private, andhe attempted to tell them that. He was told by an unknown voice


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that he could not speak to me in his room, and that he had tocome back downstairs. I could clearly hear a commotion of sortsin the background, and it was obvious to me that Lowell House

staff was making negative comments about Mr. Bennettsconversation with me, which made Mr. Bennett understandablyvery nervous and upset. It was impossible to have an attorney-client conversation with him. At that time I ended theconversation with Mr. Bennett. I called back shortly after andonce again there were voices in the background. I asked Mr.Bennett to please tell the staff that he had a right to speak withme, in private; and I reassured him that he has a right to private

phone calls with his attorney. He informed me that staff told himthat he was forbidden to close the door to his room while hespoke with me. So, we proceeded to have a conversation withthe door to his room open- and thus anyone could be listening towhat he was saying to me. After several minutes I could hearknocking sounds and a raised voice sternly telling Mr. Bennetsomething to the effect of time to get off the phone! I asked

Mr. Bennett what was going on and he informed me that Theyare telling me I only have 5 minutes on the phoneI have tohang up now. We hurriedly said our goodbyes.

This situation is totally ludicrous and a complete denial of

Mr. Bennetts right to counsel. The lack of privacy and

rationed calls are an illegal restraint on his liberty. The

actions of DAIL, viz a viz Northeast Kingdom Lowell House

staff, are foiling, confounding and disrupting the attorneyclient relationship.The undersigned sees the Commissioners actions as an obstruction of justice, as

the Commissioners action stymie and interfere with Mr. Bennetts communicationand access to the undersigned counselas I am an officer of the court. Mr.


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Bennett has been harassed and intimidated, and is afraid to speak with his ownattorneyfor fear of breaking Act 248/ Lowell House rules.

My clients in prison are able to speak with me in private, and forany amount of time that they wish, on the phone or in person;thus my clients in jail have more rights than Mr. Bennett doesunder Act 248. Mr. Bennett has a learning disability, whichalready impacts his ability to communicate with counsel. Icannot have an intelligent, meaningful, conversation with him,with staff in the background yelling, eavesdropping on Mr.

Bennett, interrupting our conversation, and watching television.There is no reason for the Commissioner to not provide Mr. Bennett with his ownland line telephonehis Medicaid waiver monies(which are for his careand treatment) were recently, on information and belief, around $96,000

peryear, none of which, as far as I know, has ever gone into Mr. Bennettspockets. I am certain that counsel for DAIL can speak with their client, theCommissioner, in private, and with dignity and respect, behind closed doors if theyso wish, and their discussions are notrationed to hurried 5 minute phone calls and

further, that unknown people are not in the background yelling for them to endtheir conversation and hustling them off the phone.

The attorney client relationship between Mr. Bennett and

the undersigned is worthy of the exact same level of privacy,

dignity, and respect, that the Commissioner enjoys with

DAILs legal counsel. How can the State call Mr. Bennett

both a criminal and mentally retarded, and then limit his

access to counsel?

Wherefore, the undersigned respectfully requests the following relief:


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That this Honorable Court issue an emergency order immediately orderingthat DAIL, and its agents, are prohibited from interfering with Mr. Bennetts rightto counsel, which includes his attorney client relationship with the undersigned,and from interfering with Mr. Bennetts attorney client communications; and thatthe order specifically spell out for DAIL and its agents that Mr. Bennetts right tocounsel is un- rationed, confidential and private; and that DAIL provide Mr.Bennett with his own land- line telephone so that he may speak to counsel, in

private; and that this telephone, and the conversations made on it, may not bemonitored, eavesdropped upon, or rationed by DAIL or it agents in any fashionwhatsoever; and that DAIL and its agents may not harass Mr. Bennett for usingthat phone; and that DAILs actions in interfering with access to counsel are anillegal restraint on Mr. Bennetts liberty, and any other relief that is appropriate and

just.

Respectfully Submitted,

Dated at Newport, VermontThis 6th day of May, 2011

By___________________________________________Gertrude Miller, Attorney for William Bennett


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Cc Kim Velk, Esq. for DAIL

Documents

Motion to Prohibit Department of Aging and Independent Living from Interference With William Bennett's Rights and Access to Counsel