News 2008-04-27 Andanh.com

Rooney judge: Without proof, lawyer remains Sat, 26 Apr 2008 00:00:00 EST
The judge presiding over Brian Rooney's murder case says in court papers he will require substantial proof to allow the suspect's attorney to quit.

Volunteers build needed bridges Sat, 26 Apr 2008 00:00:00 EST
'Puncheons' installed at Williams Woods in Charlotte

Ben Stein holds court, attentions at UVM lecture Sat, 26 Apr 2008 10:36:00 EST
Comedian jokes about life, economics, work

Campaign finance reform defeated again Sat, 26 Apr 2008 00:00:00 EST
Override measure fails by single vote

Stimulus package challenged Sat, 26 Apr 2008 00:00:00 EST
Analyst scrutinizes 15-point proposal

Regular, decaf or ethical? Sat, 26 Apr 2008 07:49:00 EST
'Free trade' means better pay for growers in the developing world as coffee becomes a political statement.

Symington sounding more like a candidate Sat, 26 Apr 2008 00:00:00 EST
At a dinner Friday night in Burlington, Democratic House Speaker Gaye Symington delivered what could clearly be the makings of a stump speech.

Local transit companies add surcharges Sat, 26 Apr 2008 08:51:00 EST
Sanders urges options to keep down fuel costs

'King Lear' builds big drama Sat, 26 Apr 2008 00:00:00 EST
Review of Vermont Stage show

Horoscope Sat, 26 Apr 2008 00:00:00 EST
Today's predictions

My Turn: Opportunities of going green Sat, 26 Apr 2008 10:03:00 EST
Global warming opens doors to opportunity, if all Vermonters are willing to work together.

My Turn: Nothin wrong with Milton Friedman, free trade Sat, 26 Apr 2008 07:42:00 EST
You can spend your $50 on American shoes if you think that's prosperity, but don't vote for politicians who will deny me the freedom to buy $10 shoes.

Column: Nation's priorities are out of order Sat, 26 Apr 2008 00:00:00 EST
With rising food prices, food stamps fall short. Yet the government is doling out lavish farm subsidies to wealthy landowners who don't even farm.

Loose lips Sat, 26 Apr 2008 00:00:00 EST
You may have heard the statement from Hillary Clinton that she would be prepared to "totally obliterate" Iran if it should attack Israel. ...

After a year, hit-and-run case is still unresolved Sat, 26 Apr 2008 08:23:00 EST
It was one year ago today that a Jeep Wrangler hit and killed 52-year-old Stewart Dickson. ... - By GORDON DRITSCHILO Herald Staff

SOAR gets $616K federal grant Sat, 26 Apr 2008 00:00:00 EST
A federal grant for $616,000 will help keep a local after-school program afloat for another five years. ... - BY SARA-MEGAN WALSH Herald Staff

Chaffee head steps down Sat, 26 Apr 2008 00:00:00 EST
The executive director of the Chaffee Art Center announced that he will soon step down from the post he's filled for a little more than half a year. ... - By DAWSON RASPUZZI Herald Staff

Police seek BB gun vandals Sat, 26 Apr 2008 00:00:00 EST
Police are searching for the culprits who have been shooting out windows in and around Rutland in recent weeks. ... - By DAWSON RASPUZZI Herald Staff

City schools eye living lab Sat, 26 Apr 2008 00:00:00 EST
After 10 years of looking for a house to rent, Rutland City Public Schools may have found one in their price range. ... - By DAWSON RASPUZZI Herald Staff

School bus rolls in West Haven Sat, 26 Apr 2008 00:00:00 EST
WEST HAVEN -- Police responded to a bus that went off the road and rolled on its side in West Haven Friday. ...

Leaky library Rain coming through soggy roof destroys $1,500 in books Sat, 26 Apr 2008 00:00:00 EST
A leaking roof and soggy ceiling have been damaging books at Rutland Free Library. ... - By SARA-MEGAN WALSH Herald Staff

Outburst leads to court judge's warning Sat, 26 Apr 2008 00:00:00 EST
BENNINGTON -- A hearing on Friday for a New Jersey truck driver who is accused of gross negligence that caused the deaths of two local men earlier this month prompted outrage from a member of the audience and a warning from the judge. Kenneth A. Middlebusher, 42, of Deptford, N.J., was in court Friday asking for a reduction of his $50,000 bail on a felony charge of grossly negligent operation of a motor vehicle resulting in a fatality. Middlebusher was driving a tractor-trailer on April 16 on Route 9 in Woodford around a curve in the road when the truck overturned and collided with two vehicles in the opposite lane. Jeffrey Lamore, 29, of Stamford, and Thomas Peterson, 31, of Readsboro, were killed when the truck hit their pickup and a third man in a separate car was seriously injured as well. Middlebusher's attorney, Public Defender Frederick Bragdon, said Middlebusher was the kind of person who would have to live with the consequences of his action. "He's also the kind of man that didn't downshift that truck," called out a man in the court's audience. A court officer said after the hearing she believed the man was a relative of either Lamore or Peterson. Judge Katherine Hayes immediately warned the man that any similar outbursts would not be tolerated but did not ask deputy sheriffs to remove him. Despite several warning signs specifically for tractor-trailer drivers posted in that area of Route 9, Middlebusher had his truck in ninth gear at the time of the accident, according to a police affidavit. Police said Middlebusher told them he didn't like to downshift while traveling downhill. Hayes agreed at the end of the hearing to reduce Middlebusher's bail to $20,000, which was lower than the state's request of no bail reduction but higher than Bragdon's request of a reduction to $10,250. Bragdon offered testimony by phone from Middlebusher's wife, Michelle, who said her husband was the sole means of support for herself and the couple's 2-year-old daughter. She receives child support for two children she had with a different man. Michelle Middlebusher also testified that Middlebusher had served in the Navy until he was honorably discharged. Bragdon said Middlebusher had only one previous conviction for petit larceny from 1990. According to Bragdon, the accident that killed two people may have been negligence but may not have been a crime of gross negligence. "This is not someone who deliberately set out to hurt people or even considered that he might hurt people," he said. Bennington County Chief Deputy State's Attorney Christina Rainville said the state believed it had at least three indicators of Middlebusher's guilt: the speed he was traveling before the accident, the high gear and the condition of Middlebusher's cargo. Police said Middlebusher was carrying several large rolls of paper that were not secured. Their shifting weight as the tractor-trailer traveled around the curve may have caused the truck to tip over. Hayes reminded the people in the court room that Friday's hearing was not a trial to determine Middlebusher's guilt or innocence. She said that in Vermont there was a "strong presumption" that a defendant like Middlebusher would be given a bail that he could meet but which would be substantial enough to guarantee he would come back to court for future proceedings. One reason Hayes gave for lowering Middlebusher's bail was the failure of his employer, Heartland Express of Iowa, to provide an attorney or bail for Middlebusher. Representatives of Heartland said on April 17 the company would not comment on the case. As of 7:30 p.m., officials at the Rutland jail said Middlebusher was still in the facility. Contact Patrick McArdle at patrick.mcardle@rutlandherald.com. ... - By PATRICK McARDLE Herald Staff

Major awards : Governor honors watershed work Fri, 25 Apr 2008 22:32:00 EST
PUTNEY -- Beverly Bruhn Major is receiving honors from both state and national leaders this week for her efforts to preserve and improve the Connecticut River watershed. On Tuesday, Major received the President's Volunteer Service Award from EPA Administrator Stephen L. Johnson during an award ceremony at Faneuil Hall in Boston. On Saturday, Major will receive the Governor's Volunteer Service Award from Gov. James Douglas in Montpelier. Since 1991, Major has served on the Vermont Connecticut River Watershed Advisory Commission and has been chairwoman since 2006. "I've worked with Beverly off and on over the years and she has done a bang up with the commission," said Erik Beck, acting chief of watersheds and nonpoint source. Beck oversees river pollution generated by runoff from such places as farms and urban areas. "Beverly is really down to earth, understands the issues at the local level and understands how to bring people together to get things done," Beck said. Some of the things Major has gotten done is improving water quality, stabilizing the banks of the Connecticut River and its tributaries, and facilitating recreational use on and around the river by cutting new trails. Major said she was thrilled to receive an award in a place like Faneuil Hall. "It was impressive receiving an award in a room that has had such a history," Major said. Major said the commission is formed by representatives from both Vermont and New Hampshire, and despite the usually polarized politics of the two states, her commission is able to put politics aside and concentrate on river preservation. "It's a great thing that, when it comes to the river, political parties don't seem to matter," Marsh said. Major said while the commission has made many improvements to the watershed, there are still many challenges for the future. Major said the commission is battling invasive species, such as didymo or "rock snot," a green slime that grows on the rocks of the riverbed, and the purple loosestrife, which Major described as a "pretty weed" that crowds out local plant life along the riverbanks. Major said a more pressing problem is financial stability. The commission is funded by money from both Vermont and New Hampshire and until recently from the federal government as well. Major said that for the past two fiscal years, however, the commission has not received any federal funding, which Major said is a loss of several hundred thousand dollars a year. That money used to be awarded to regional river conservation groups -- sometimes for as much as $5,000 -- for water testing, bank reinforcement or trail cutting. Major said that without those federal dollars, the commission must look elsewhere and suggested she might seek money from foundations. Major taught kindergarten at Westminster Central School for 20 years and is now the librarian at Westminster West Public Library. For the last 17 years Major has led a 4-H Club that currently has 65 members. Despite her lifelong service to others, Major claimed to be shocked by recognition she is receiving. "This was all such a surprise to me," Major said. Contact Josh O'Gorman at josh.ogorman@rutlandherald.com. ... - By JOSH O'GORMAN Herald Staff

Guilty plea in marijuana seizure : Border patrol found 93 pounds' worth in Canadian man's vehicle Fri, 25 Apr 2008 22:32:00 EST
BURLINGTON -- A Canadian man has pleaded guilty to drug charges after Border Patrol caught him with 93 pounds of marijuana in Hartford last November. On Thursday, Alexander George, 20, of Cornwall, Ontario, pleaded guilty in U.S. District Court in Burlington to possession with the intent to distribute approximately 93 pounds of marijuana. George pleaded guilty without any plea agreement in place, said Assistant U.S. Attorney Barbara Masterson, who was present during George's change of plea. Masterson said if convicted, George is facing a maximum sentence of five years in prison, a $250,000 fine, two years of supervised release and a $100 surcharge. George is not facing a minimum sentence, Masterson said. According to court records, at about 2 p.m. on Nov. 7, Border Patrol agents stopped George at a checkpoint as he was traveling south on Interstate 91. The checkpoints on I-91 began in December 2003 to catch illegal aliens and to thwart possible terrorist activity. Since then, checkpoints have been run at various times and places on the interstate. According to the affidavit, George initially identified himself as a U.S. citizen before quickly changing his story and telling the agent he was Canadian. When the agent asked George where he was going, George said he was traveling from Malone, N.Y., to New Jersey, according to court records. "(The agent) knew that the more direct route from Malone N.Y., to New Jersey would be to travel south on I-87 in New York State," the affidavit stated. "I-87 leads directly to New Jersey and George would have had to cross I-87 while traveling east from Malone, N.Y., to Hartford, Vt." When the agent looked through the rear passenger-side window of George's vehicle, the agent saw two large hockey-style duffel bags, the affidavit stated. When asked, George told the agent the bags contained clothes, according to court records. George gave the agent permission to search the rear of his vehicle and the two bags, according to the affidavit. The agent found the bags filled with a "greenish brown chunky substance," which when tested later showed positive results for marijuana, according to court records. Agents seized the bags and George's vehicle and George was taken into custody, the affidavit stated. George will be sentenced at 10:30 a.m. on Sept. 29. George is being held at Northwest State Correctional facility in Swanton. Contact Josh O'Gorman at josh.ogorman@rutlandherald.com. ... - By JOSH O'GORMAN Herald Staff

Stratton man faces forgery, theft charges Sat, 26 Apr 2008 00:00:00 EST
BENNINGTON -- A Stratton man is being held in prison on $50,000 bail after police accused him of trying to cash a check stolen from a Ludlow business, while driving a Toyota Prius reported missing from a Rutland dealership. Gregory N. Sommer, 42, pleaded innocent on Tuesday to felony charges of forgery and possession of stolen property worth more than $100 and a misdemeanor charge of possession of stolen property worth less than $100. In an affidavit, Bennington Police Detective Sgt. David Rowland said an employee from Chittenden Bank on Main Street called police on March 25 around 1:15 p.m. to report that Sommer was at the bank and trying to cash a check. Many banks in the area had received notification that Sommer was suspected of stealing checks from a Ludlow business, according to the affidavit. While the employee was still speaking to police, she noticed Sommer had left the bank and was running down Main Street, according to Rowland. Police received information that Sommer left the area in a green Prius which was located a short time later in the parking lot of another Bennington business. Police said the Prius had different plates on the front and the back. By tracing the Prius' vehicle identification number, police learned it was reported missing on Feb. 20 by Alderman's Toyota in Rutland. The vehicle is worth more than $22,000, according to the affidavit. Police recovered the check from Chittenden Bank and traced it to Black River Associates, a real estate business in Ludlow. Police said there were five burglaries or thefts in Ludlow between March 15 and 17 and believe the check may have been taken at that time. Rowland and Detective Peter Urbanowicz searched the Prius the same day and found two crack pipes; two cameras, one of which was reported stolen by the Vermont Journal; and three laptop computers, two of which were reported stolen by Kelly Real Estate, Rowland said. The Vermont Journal's offices and Kelly Real Estate are in Ludlow. Police also found at least four checks they believe were stolen from various locations in Ludlow. According to Rowland, Sommer admitted stealing the Prius and told police he planned to use the money from the forged check to buy crack cocaine. Sommer was also wanted on a charge of escaping from furlough. According to a separate affidavit, Sommer was released from prison on furlough on Feb. 5. Sommer had been serving time for forging checks, petty larceny and violating the conditions of his parole from a charge of burglary. On Feb. 18, Sommer went missing from a Bennington apartment which led to the escape charge. If convicted of the forgery and possession of stolen property charges, Sommer could be sentenced to up to 21 years in prison. A conviction for the escape charge could add another five years. Sommer is being held in Marble Valley Regional Correctional Facility in Rutland. Contact Patrick McArdle at patrick.mcardle@rutlandherald.com. ... - By PATRICK McARDLE Herald Staff

Man pleads innocent to fourth DUI Sat, 26 Apr 2008 00:00:00 EST
WHITE RIVER JUNCTION -- A Perkinsville man pleaded innocent to his fourth count of drunken driving. On Tuesday, Travis J. Barton, 26, pleaded innocent to one count of drunken driving and one count of driving with a suspended license. According to court records, Barton was previously convicted of drunken driving in 2001, 2003 and 2004. Given his previous convictions, Barton is facing up to 10 years in prison if convicted of both pending charges. According to an affidavit, shortly before midnight on Friday, a Vermont State Police trooper clocked Barton driving 70 mph in a 40-mph zone north on Route 106 in Springfield. Police said when stopped, Barton was forthcoming and admitted he had been drinking, his license was suspended and the car he was driving was not registered. A breath test confirmed he had been drinking, police said, with Barton blowing a 0.132. The legal limit in Vermont is 0.08 According to court records, Barton's license has been suspended 16 times since 2001. ...

Lyndon man gets jail term for firearms Sat, 26 Apr 2008 00:00:00 EST
A Lyndon man was sentenced to 26 months behind bars after pleading guilty to federal charges of unlawful possession of firearms. Larry Clark, 47, was sentenced this week in U.S. District Court in Brattleboro. A federal grand jury in Burlington had earlier returned a two-count indictment charging Clark with unlawfully possessing seven guns because he was then an unlawful user of controlled substances, according to court records. The court ordered Clark to serve a two-year period of supervised release following his jail sentence, records indicate. The indictment accused Clark of having three guns during a court-ordered search of his residence in August 2005 and four different guns during a search in April 2006, records indicate. ...

Microtechnology Center fires chief Sat, 26 Apr 2008 00:00:00 EST
BENNINGTON -- The executive director of the Bennington Microtechnology Center has been fired, and center officials have filed a civil suit accusing him of misusing company money. Henry J. Klim, who was hired to the $70,000-a-year job in July 2006, downloaded or copied proprietary information for his own personal use, made cash withdrawals on a company credit card and refused to comply with record-keeping rules mandated by the center's funding agents, says a suit filed in February. Klim, who denied using the company credit card in a court filing in March, declined to comment on the allegations, other than to say "It will all come out." The center is a not-for-profit facility specializing in developing and testing microsystems. ...

Sign-tologist Fri, 25 Apr 2008 22:28:00 EST
Sonny Saul paints the sign at Pleasant Street Book Store on Route 4 in Woodstock on Friday. ...

It pays to be a bigtime lineman Sat, 26 Apr 2008 00:00:00 EST
NEW YORK -- Vernon Gholston dominated the Big Ten. Glenn Dorsey was an unstoppable force in the SEC. Chris Long made life miserable for blockers and ball carriers in the ACC. ... - By BARRY WILNER The Associated Press

One for the ages: Stickney outlasts Gray in 2:42; Raiders roll over Slaters 6-1 Fri, 25 Apr 2008 22:54:00 EST
The Rutland girls tennis team won its fourth consecutive match 6-1 defeating the Fair Haven Slaters in a Marble Valley League match at White Playground Friday, but the match the Raiders lost was what high school tennis is all about. ... - By CHUCK CLARINO Herald Staff

Horses in Kentucky Derby will be closely monitored for drugs Sat, 26 Apr 2008 00:00:00 EST
LOUISVILLE, Ky. -- When 20 of the best 3-year-old horses line up for this year's Kentucky Derby, they will be among the most closely monitored athletes on the planet. ... - By WILL GRAVES The Associated Press

Celts try not to be cocky Sat, 26 Apr 2008 00:00:00 EST
ATLANTA -- Wonder who the Boston Celtics will face in the second round of the NBA playoffs: Cleveland and LeBron James, or Washington and gimpy Gilbert Arenas? ... - By PAUL NEWBERRY The Associated Press

Spartans throttle UMPI Owls Sat, 26 Apr 2008 00:00:00 EST
In Castleton, the Spartans scored 14 runs in the third inning, and received five innings of two-hit pitching from Mat Tuthill to cruise to a 25-4 over the University of Maine at Presque Isle in nonconference baseball action on Friday. ... - Staff Reports

BCS inches toward playoff, but won't call it that Sat, 26 Apr 2008 00:00:00 EST
NEW YORK -- Big-time college football never has been closer to having a playoff. ... - By RALPH D. RUSSO The Associated Press

Indians bug Yankees again Sat, 26 Apr 2008 00:00:00 EST
CLEVELAND -- Jhonny Peralta stung the Yankees hardest this time. ... - The Associated Press

Plan to fix Vermont roads gains support Fri, 25 Apr 2008 22:30:00 EST
MONTPELIER -- A proposal to borrow $10 million for summertime transportation projects appears to have consensus support in Montpelier. ... - By PETER HIRSCHFELD Vermont Press Bureau

House fails to override campaign finance veto by one vote Sat, 26 Apr 2008 00:00:00 EST
MONTPELIER -- For the second time in a year, the Vermont House failed by a single vote to override Gov. James Douglas' veto of a new campaign finance reform bill. ... - By DANIEL BARLOW Vermont Press Bureau

N.Y. pair rescued after canoe capsizes on Lake Willoughby Sat, 26 Apr 2008 00:00:00 EST
WESTMORE -- Authorities say two people rescued after their canoe capsized on Lake Willoughby might not have survived its ice-cold waters if they hadn't been wearing life jackets. ... - The Associated Press

Victim's brother talks about fatal trooper shooting in Bradford Sat, 26 Apr 2008 00:00:00 EST
BRADFORD -- The brother of a man shot to death by Vermont State Police troopers says they had to defend themselves, but he has questions about their actions before the fatal confrontation. ... - The Associated Press

30-acre fire contained in New Hampshire Sat, 26 Apr 2008 00:00:00 EST
ALTON, N.H. -- A stubborn fire fed by tinder dry leaves and brush cut a mile-wide swath on rugged Mount Major on Friday, burning at least 30 acres before firefighters surrounded it. ... - The Associated Press

Environmental groups target races in N.M., N.H., Colo. Sat, 26 Apr 2008 00:00:00 EST
ALBUQUERQUE, N.M. -- The choice is clear for a coalition of environmental groups targeting three U.S. Senate races: who's for alternative energy and who's connected to big oil in an election issue that's already on voters' minds. ... - By SUE MAJOR HOLMES The Associated Press

Vandalism labeled hate crimes by police Sat, 26 Apr 2008 00:00:00 EST
MONTPELIER -- Two men from Barre were arrested Thursday for an incident last August police are labeling a hate crime. ... - By SARAH HINCKLEY Times Argus Staff

Yankee seeks to raid decommission fund Fri, 25 Apr 2008 22:30:00 EST
MONTPELIER -- A new twist has hit the contentious debate over how to force the owners of Vermont Yankee to assure there's enough money required for decommissioning the nuclear plant in Vernon. ... - By LOUIS PORTER Vermont Press Bureau

No 2nd Autopsy on PSU Student
Police in New York say they have NOT ordered a second autopsy on the body of Joshua Szostak.

Mount Major fire out. Nearly 40 acres burned
Associated Press - April 26, 2008 4:35 PM ET ALTON, N.H. (AP) - Nearly two full days after it started, the fire is out on Mount Major in Alton (New Hampshire).

NH Dems elect party delegates, reflect on Clinton-Obama race
Associated Press - April 26, 2008 4:05 PM ET MANCHESTER, N.H. (AP) - New Hampshire Democrats elected the remaining members of their delegation to the party's national convention today.

Navy offers timeline for redeveloping former prison
Associated Press - April 26, 2008 11:45 AM ET KITTERY, Maine (AP) - The Navy hopes to begin negotiations by this fall with a private developer on overhauling and reusing the former Portsmouth...

Former Mass. officer gets prison for wife assault in NH
Associated Press - April 26, 2008 9:55 AM ET OSSIPEE, N.H. (AP) - A former Massachusetts police officer has been sentenced to prison in New Hampshire after being convicted of breaking his...

Rochester police identify shooting victim
Associated Press - April 26, 2008 5:55 PM ET ROCHESTER, N.Y. (AP) - The 24-year-old man who was fatally shot in Rochester this week is identified as Dwayne Simmons.

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