Dean made it clear early in his tenure that he thought alleged criminals were cut too much slack. "My view is that the justice system is not fair," Dean said in 1991 during his first week as governor. "It bends over backwards to help defendants and is totally unfair to victims and to society as a whole." Robert Appel, former head of the state's public defender system, said he had constant clashes with Dean over funding for the service. According to Appel, Dean said on at least one public occasion that the state should spend less money providing the accused with legal representation, saying that "95% of criminal defendants are guilty anyway." (Carson says the comment was meant as a joke, but Appel counters that even if it was, "the underlying message was pretty clear.")
Which may be one reason why Dean, in 1999, wanted to refuse a $150,000 federal grant to the public defender's office for aiding mentally disabled defendants. "That was unusual, to say the least," says Appel. The state legislature overrode Dean's opposition. Dean spokesman Carson responded that Dean didn't want to create a program that the state couldn't afford to fund if federal money disappeared in the future. But he did not disavow Dean's anti-defendant bent. "This is a governor who was tough on crime and is a big believer in victims' rights," Carson says
http://www.time.com/time/election2004/article/0,18471,535358,00.htmlDean created a dual criminal justice system in Vermont, in which if you were arrested and could afford an attorney, you got off, ot got lighter sentences, but if you were poor, or mentally ill, you got arrested.
As a result, the prison population of Vermont doubled after he got rid of Robert Appel who was regarded as one of the best Defender Generals in the United states and now serves on a number of United Nations committees for human rights, civil rights and womens rights.
Most of them were poor or homeless.
AS an editorial in the Rutland Herald put it:
Appel noted that the public defender didn’t have the money to pay for expert witnesses. Thus, the burden is on the legislative and executive branches to make sure the judiciary has the resources it needs. And the judiciary includes the system as a whole — police, prosecution, defense, and courtroom personnel.
Making the case for adequate funding of the criminal defense system will be one of the principal jobs of the new defender general. Valerio, an experienced criminal defense lawyer and the incoming president of the Vermont Bar Association, will owe his appointment as defender general to Dean. But he will owe it to the people of Vermont to push Dean to include in his budget adequate resources so the state’s public defenders can do their jobs.
Public defenders handle most of the criminal defense work in the state. It is a thankless task in some ways. But one of the important differences between democracies and police states is a fair justice system. Without it, police round up people and throw them in jail as a matter of routine. Law becomes, not a guarantor of justice, but a method of intimidation.
Appel has served the state well by seeking to counter the biases of the governor. Let’s hope Valerio is willing to do the same.
http://rutlandherald.com/Archive/Articles/Article/31792Dean bases his ideas about the criminal justice system on his personal opinions rather than fact. In all cases those represented by public defenders never see their defender or even know who they are until they go to trial, and even then, they are in contact with their court appointed attorney for no more than five minutes.
Dean engages in personal popular rhetoric about crime and criminal and bases it on emotion rather than fact. However while Appel was
Governor General Vermonts system of public defendse was selected as a model for the poorest African nations:
UVM AND DEFENDER GENERAL HOST AFRICAN JUDGES
IN STUDY OF VERMONT PUBLIC DEFENDER SYSTEM
It is estimated that less than 10 percent of the people
accused of committing a crime in Tanzania, Ethiopia, Uganda and
Zambia receive any type of legal representation to argue their
case before the court. This is due to a variety of factors,
including their very new constitutions that list freedoms
politicians don't yet allow and the scarcity of financial
resources for a legal aid system.
The University of Vermont, in partnership with the Office of
the Defender General, will soon host twelve East Africans who are
interested in changing this situation.
The U.S. Information Agency is funding a $200,000 exchange
of legal experts between East Africa and Vermont. The Public
Defender/Legal Aid Citizen Exchange Program was proposed by Rob
Gordon, associate professor in the UVM Anthropology Department;
Vermont Defender General Robert Appel; and Lauren Kolitch, a
public defender in Chittenden County.
Study of Vermont's justice system, and close work with those
who run it, should help participants from Ethiopia, Uganda,
Tanzania and Zambia begin to develop their own public defender
and legal aid systems.
http://universitycommunications.uvm.edu/newsarchives/d.%20Spring-Summer%201995/UVM%20and%20Defender%20General%20Host%20African%20Judges%20in%20Study%20of%20Vermont%20PublRobert Appel was the man who Deal fired for trying to deal with Deans conservaitive and false biases. HE was able to do his job in spite of Denas repeated cuts to public defense and support of police ana prosecutors, and Dean doubled the number of people in Vermont jails in the process, creating the begniings of what the Rutland Herald noted again as :
But one of the important differences between democracies and police states is a fair justice system. Without it, police round up people and throw them in jail as a matter of routine. Law becomes, not a guarantor of justice, but a method of intimidation.
And who suffered most from Deans beleifs:
The poor, the disabled
the homeless.
Dean, the beleiver in the police state.