The Belief in a Just World: A Fundamental Delusion We No Longer Struggle With

A judge in Vermont recently ruled that a man civilly committed under Vermont’s civil commitment scheme known as Act 248 which places individuals who have been accused of a crime or are considered a “danger to the public” does not have the right to a renewed competency evaluation and to stand trial.  According to this ruling a person found incompetent to stand trial has forfeited the right forever to attain competency and face their accuser to clear their name.  Statutes: http://www.leg.state.vt.us/statutes/fullchapter.cfm?Title=18&Chapter=206

Upon a finding of incompetence the individual in this case, William Bennett was  “committed” to the care and custody of the Vermont Commissioner of the Department of Aging and Independent Living (DAIL) .  The  charges were then dismissed yet the State’s Attorney retains the right to reinstate the charges, in other words the statutes of limitations are stayed.

Competency unlike an insanity defense,  refers to an individuals ability to understand the court proceedings and  effectively assist their attorney in providing a defense.  The statutes clearly state that the individual, his attorney or a judge may at any time request a renewed competency evaluation.  Because competency is fluid some individuals  may be brought to competency through education.  This is especially true in this case where you have a borderline, or questionable diagnosis of mild metal retardation.  Even though V.S.A. 4814 (a) seems to allow for renewed competency evaluations, the Judge ruled otherwise.

http://www.scribd.com/doc/92323235/Manley-Decision-4-6-12-1

In this case the State’s Attorney argued that there are no charges pending and that the Statutes of Limitations had expired in June of 2011. Therefore States Attorney, Lisa Warren argued, a competency cannot be ordered.   Yet in November of 2011 the DAIL  Attorney with the State’s attorney proposed the following:

The charges against Mr. Bennett were dismissed without prejudice back in 2006 and so could be reinstated.  Under this agreement, your client would not challenge his competency.  Caledonia State’s attorney Lisa Warren (also co-signatory to this letter) would reinstate the original two counts of L&L and your client would plead guilty and be offered a probationary sentence.  This offer stands for a period of two weeks until November 9, 2011. Note: this offer is only good if your client agrees to a plea deal. This is not an offer to reopen the criminal case for the purpose of bringing the criminal case through trial. http://www.scribd.com/doc/92324748/Lisa-Warren-3-7-12

This was clearly an attempt to coerce my son into a guilty plea which if accepted would have brought him back to criminal court where a judge must inform a defendant of his or her right to a trial.  The judge would also have to ask the defendant if he or she was coerced into the plea.

In the original case William was charged with two counts of L&L, not L&L against a child.  The alleged victim was older than William and the circumstances surrounding the events were very suspicious.  A provider for the Agency brought William, then 18 and a 19 yr old female client to a hotel and left the their alone.  The provider had been explicitly instructed by me, Bill’s mother and Bill’s therapist to prevent these types of situations..  The State’s attorney waited a full year before bringing charges.  From reviewing the files, I believe the State’s attorney only filed the charges as a vehicle to the commitment.

In her decision Judge Manley also ruled that each annual review of the committment is a new case (even though they are filed under the same docket number), and that the proceedings occur in the family court  rather than the crimminal court which the statute clearly states.  In this particular court there has been a long standing practice to close these proceedings to the public.  This practice isn’t provided for by law or statute, it simply is the way for the State and the Court do it.

In her decision Judge Manly also denies the Guardian of the committed individual party status.  The Act 248 statutes provide for an annual review which is supposed to review whether or not the DAIL is providing  care and habitation in a “individualized manner” in accordance with the statutes and whether or not they pose a risk to public safety.  In this proceeding the Commissioner must show that the individual still poses a threat to public safety and is still in need of “care and habilitation”.

In the cases I have seen the individual is provided a Guardian by the State and an Attorney from Vermont Legal Aid.  If a state Guardian is involved they are given party status and they file a report agreeing with the state.   If the guardian is a  private non-state guardian, they are not given party status and receive no notification of a review before or after it takes place.  Attorneys form Vermont Legal Aid have Stipulated to the States recommendations that the individual should remain in custody for another year without ever meeting with their client.    The State and the Court have it pretty well rigged.

You might at this point be asking yourself why the State would want to keep someone in custody who doesn’t pose a threat to the public.  The answer is very simple, MONEY.  A lot of money comes into the State’s Coffers under these people’s commitments.   Some of of the money stays at the state level to pay salaries  for case managers and “Public Safety Specialists” and $100,000. to $300,000 comes straight to a local “Designated Agency” who provides supervision.  This is a big chunk of money that goes right into the Agencies budget and they do not like to see it go away.

In December of 2010, I hired a private attorney for my son.  Since that time my son has suffered at the hands of the Commissioner and the “Designated Agency”.  A bizarre series of attempts to isolate and intimidate and harass him began, he has been assaulted by a “home care provider”, denied his inhaler, forced to clean other peoples urine an feces, denied  access to his attorney, forbidden to see his private psychologist, he’s been moved from location to location without any idea where he’s being taken, he’s been forced to sleep on springs, he’s been  threatened, intimidated and harassed beyond what most of us could endure.

Yet he’s maintains composure and determination to end the cycle of abuse perpetrated against him by the courts and Vermont Human Services.  Adult Protective Services is currently investigating one of the placements where Bill had to clean someone else’s urine and feces.  During this time, he was also denied his inhaler for allergies and asthma.  This is disgusting and a disgrace to the State of Vermont.   video:http://youtu.be/O0fN5aDlB7k

After a year of wondering why an how the citizens and the Government of Vermont can witness such abuse and neglect of a disabled group of men without and fail to act,  I came across some research by Melvin Lerner that explains the psychology of what I’m witnessing.   In 2008 Lerner was awarded the Lifetime Achievement Award by the International Society for Justice Research.  Lerner sought to answer the questions of how regimes that cause cruelty and suffering maintain popular support, and how people come to accept social norms and laws that produce misery and suffering.  This is a question I have struggled with.  Why when abuse is obvious and blatant in this rural area of Vermont do Judges and law makers just turn their heads and even reward the abusers.

Lerner’s repeatedly witnessed the tendency of observers to blame victims for their suffering.  During his clinical training as a psychologist, he observed treatment of mentally ill persons by the health care practitioners with whom he worked.  Though he knew them to be kindhearted, educated people, they blamed patients for their own suffering.

In 1966, Lerner and his colleagues began a series of experiments that used shock paradigms to investigate observer responses to victimization. In the first of these experiments, 72 female subjects were made to watch a confederate receiving electrical shocks under a variety of conditions. Initially, the obseres were shocked by the apparent suffering of the subject.  However, as the suffering continued and observers remained unable to intervene, they began to blame the victim.  The blame became greater as the shock treatments intensified.  Other researchers were able to replicate Lerner’s findings.

Lerner hypothesized that the belief in a just world is crucially important for people to maintain for their own well-being. However, when daily with evidence that the world is not just: people suffer without apparent cause, one strategy people will use to make sense of nonsense is to blame the victim.  To avoid the feelings of  powerlessness victims will even blame themselves.  Most survivors of sexual abuse can identify with this.  http://en.wikipedia.org/wiki/Just-world_phenomenon

After years of presenting evidence of abuse to Mental Health professionals,  judges and  the Agencies tasked with protecting victims,  I’ve been relieved of the delusion.  I’ve found support among others who’ve also been freed of the delusion, we are working hard together to force justice upon the deluded.  Each of us has a role and a voice.  Write a letter to the editor, like it on facebook, educate your Grand children and children about the dangers of the system.  To speak out in any form and you are part of the solution.

Lets keep working toward peace an justice in reality.

Tracy Gilman

Pattern of abuse; Vermont Human Services

A pattern seems to be emerging from my relentless attempts to hold Vermont Human Services, specifically The Department of Aging and Independent Living (DAIL) and the local designated human services agency, specifically Northeast Kingdom Human Services accountable for gross systematic abuse and reckless endangerment of a vulnerable adult, Bill Bennett.

Under the Vermont Statutes that civilly Commit Bill to the “Care and Custody” of the Department of Aging and Independent Living  (DAIL)  The Commissioner, Dr. Susan Wehry of DAIL is responsible to provide Bennett with “Individualized Treatment” based on Bill’s disability and provides for his well-being.

Attorney’s for the Commissioner, Dr Susan Wehry, upon reports of abuse  have instantly reacted against the Guardian instead of the offending parties.  I can confidently say “offending” parties because as I said, a clear pattern has emerged as a result of investigations into the reports of abuse.

Claims made by Attorney’s for Vermont Human Services and Northeast Kingdom Human Services (NKHS) that the Mother is interfering and preventing Bill from receiving appropriate individualized “care and habilitation” seem laughable in light of the following investigations.

After repeated reports to APS an investigation resulted in the State finding many violations against the Safe choices Lowell House where Bill Bennett was placed by the Commissioner.  Reports made directly to the Commissioner were ignored but an investigation by the State Licensing  for Care Facilities turned up many violations which were directly related to my Complaints. See full Report  http://www.scribd.com/doc/81206732/Safe-Choices-Lowell-House-120911

The first retaliatory acts from Vermont Human Services began in 2011 immediately after Bill Bennett hired an attorney to help fight for his freedom:

On Feb. 23, 2011,  Bill Bennett reported being  picked up, thrown on a bed and held down by a home care provider after he asked to use the phone to call his attorney. I made a Report to Disability Rights Vermont.  Reports to APS were also made but that agency would not make a copy of the investigation available and made no findings of Abuse, which is in stark contrast to the DRV findings, which are as follows:

The evidence appears to support a finding that Home Care Provider #2 did hold Bill on the bed unnecessarily as other options,
such as allowing personal space, were available and could have been implemented without harm to any party or property.

Home Care Provider #2 could have given Bill distance and space at that time but instead chose to impose more confrontation on the situation. the use of restraint on the bed was more likely than not an effort on the part of Home Care Provider #2 to intimidate and
place Bill in fear in order to reassert control and express Home Care Provider #2’s frustration over the day’s events.

According to the Behavior Support Guidelines published by DAIL and dated October 2004, “[Th]e following types of restraint are
prohibited under any circumstances…Restraints that have the individual lying on the ground or in a bed with a worker on top of
the individual.”

Despite the fact that Home Care Provider #1 was the contracted home provider, SAS knowingly supported her in not complying with
the requirements laid out in their Contract for Services.

To Read full DRV Report http://www.scribd.com/doc/56888199/Disability-Rights-Vermont-Investigation-into-Abuse-By-Home-Care-Providers

Despite the fact that DAIL is aware of these findings and violations of their service providers they continue to attack me, the Mother, even going so far as blaming me for all their problems.  In a recent document sent to the Caledonia Court where Bennett’s Annual Review should take place but is now a full year overdue! DAIL asserts that the “Mother’s inability to work respectfully with providers” is the source of all Bill’s mistreatment,  providers found by investigating Agencies to be Negligent, Incompetent and in violation of the many State Regulations.

 

Vermont Human Services; Warehousing The Disabled

So what about Bill Bennett, I wonder if anyone would like to know?  For months I  have been silenced by the harsh brutality of the truth.   But I’ve shed the naïve and comforting beliefs that I grew up with, that I live in a free and just country.  I’ve come to understand how the Holocaust could have happened.

Bill Bennett is in a Warehouse in Derby Vermont.  I’ve always said Vermont Human Services was just warehousing him, it’s ironic that  he is now literally in a warehouse.  He’s shuffled from one place to the next by the Vermont Department of Human Services, like a game of  “where’s Waldo”.without any consideration for laws or rights supposedly afforded him as an American Citizen.

Over the last year reality has ripped through my psyche like a hammer smashing my skull open.   How do I still walk and work?  Knowing that My Governments steals people, Kills its people?  As I attempt to pay the price of justice, the physical comforts are whittled from my life.  Still, my psyche still searches for a safe place to hide.  The only reprieve I find in knowing that my children love me and each other dearly and that my parents help bear the burden of my pain and will stay the course. Finally all those who’ve helped me by calling me a “Freedom Fighter” and when hearing my name, think, then realize and through a knowing look and words of support show me that there is hope for us.

I now accept that Genocide is a common occurrence  and happens with the full participation of fellow citizens, it is painful knowledge.  People allow it out of fear, and our fear of “OUR GOVERNMENT” is nauseating.  From the “super wealthy” to the homeless,  fear has reached the point of “Common Place”, not a soul I speak with, (and I do speak with the super wealthy and the homeless)  doesn’t fully know and openly admit that they’re scared.  We’ve given  up everything from the seeds that grow our food, the water that sustains us, our access to education, to our land (that we stole from the natives).  Through the sweat of our brow we sustain it.  WE are responsible.

My son Bill Bennett has been in many court rooms in front of many judges over the last year and still he hasn’t had the “Annual Review” to determine his “dangerousness” to “”Public Safety” for over two years.  The reasons are obvious and most already know but I’ll say it anyway.  Each “Bill” has a $200,000 price tag pinned to him or her which we the tax payers are charged for,  judges are concerned for their next appointment,  Politicians need citizens to think they are in “danger” and need protection, too many citizens work for the government and are afraid to risk their retirement, benefits and security and finally we Americans can’t bear the truth that each and every one of us and our children  are vulnerable to being targeted by our all-powerful government.

I think there are only a few types of people, brave, weak and corrupt.  But we must remember, this is “our government” and like the Germans who may have thought they were protecting themselves and their kids by keeping their heads down,, the War came back to each and every one of them, to their own doorstep.  Don’t hide behind the illusion that you can somehow escape the wrath of Karma, it’s not some philosophical or religious belief that if you ignore won’t apply to you.  It’s as real as a tank rolling up your street. So the next time you hear a garbage truck at three in the morning, be grateful that for now, it’s just your government removing the trash.  Figuratively.

I will have my son back!!!!

Why Not Occupy Vermont?

My last Post which remains below clearly states what I believe to be True about corruption in the Country.  I don’t believe it’s just wall street.  I believe Greed, Corruption & Power have taken over so many of our systems that they no longer serve or protect the people / citizens of this country.

I went to the small Occupy Burlington on Friday night.  What I saw was not for me….I’m not in the habit of blindly parroting the views of others just because they’ve found a platform, but I tried it.  It felt weird.  When a dissenting voice raised a concern about the need to make rules for ourselves rather than simply make a statement I was nearly voted off the island.  Because I persisted in what I thought was supposed to be an open discussion, I was quickly informed that if I could leave if I didn’t agree with the group.

It doesn’t matter what the rule was going to be about.  My point was that if we start making rules for the “group” we then need to define what a violation is, who will enforce it and what is the punishment.

The group tabled the proposed rule because they thought the  process of listening to opposing views was taking to long.  They were in a hurry to have their proposals approved by each other.   Several kids on their way to being social workers came over to help me understand why it was so important to make rules for the group.

I wasn’t the only person concerned that the right of the individual should not be something you sacrifice to a group.  I was called combative because I was loud I guess, but it was a Human Mic thing where we had to raise our voices.  Another woman about my age, 45 was told she should leave.

They never did get the point, that it wasn’t the content of the rule that I was disagreeing with.  It was making it a rule and not a statement of agreement.

At one pint in the General Assembly a gentleman  around 80 years old wanted to share with the assembly an important Historical Fact.  He was asked by a 20-year-old if it was directly related to the proposal being discussed.  “No not directly’ the old man said, “well than it’s not time for that” he was told.  The twenty year old, told the elderly man that there was an agenda and he’d have to wait.  Total disrespect.  I for one am not a part of a group that shows such lack of compassion to the elderly.

It was 8:30 and cold, this old guy was there but who knows if he could hang out till it was “Time on the Agenda”.

I did have some positive interactions with some people my age and some younger people who had gone to the OWS and stayed long enough to compare this with the NYC encampment.  They shared with me that they weren’t getting much out of this gathering.

All in all I’m glad I went.  Change needs to come to this country.  Corruption is at the core.  I have specific areas of concern to discuss and take action on and whether this is my movement I’m at least moving.

My son is being held hostage  and abused by Northeast Kingdom Human Services and the State of Vermont.   All in the name of  “Public Safety”.

Almost a year ago I hired an attorney to represent my son and stop the abuse by this Agency and the State of Vermont.  My son has suffered the following retaliation:

Physical Assault by a “Home Care Provider” after asking to call his attorney.

Forced to clean up other people’s feces and urine.

Denied access to a shower for five days.

Taken on multiple occasions to “Undisclosed Locations” by undisclosed people.

Prevented from communicating with his Legal Guardian who is also his mother.

Denied his inhaler. Denied Food. Denied treatment by his privately hired therapist.

My Son Has Been Terrorized by the State of Vermont.  Employees of Northeast Kingdom Human Services’ “Safe Choices Program” have pounded on his attorney’s door, whisked him away, tried to intimidate and bully his therapist, have forced his family to meet with him while supervised by two or more employee / thugs who won’t identify themselves.    State workers are so protected “consumers” don’t even have a right to know there educational backgrounds or qualifications.  Believe me I’ve made the written requests.  State Terrorism is legal in Vermont.  This doesn’t make me proud to be an American.

The abuse has been well documented many video taped (which I will post in the next few days, too tired now )and reported to Adult Protective Services…Another Dept. of Human Services…get it….What would motivate the state to condone this abuse you ask.  Well due to his disability the state need only call  “Risk to Public Safety” and Shazam!  they can bill Medicaid and the Federal Government for 100’s of thousands of dollars every year for services he “supposedly” needs.

So let’s keep up Hope for the better future we can build.  Here’s one of my favorite music messages;

http://www.wsws.org/articles/2009/mar2009/pris-m04.shtml

http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf

Why Not Occupy Vermont?

My last Post which remains below clearly states what I believe to be True about corruption in the Country.  I don’t believe it’s just wall street.  I believe Greed, Corruption & Power have taken over so many of our systems that they no longer serve or protect the people / citizens of this country.

I went to the small Occupy Burlington on Friday night.  What I saw was not for me….I’m not in the habit of blindly parroting the views of others just because they’ve found a platform, but I tried it.  It felt weird.  When a dissenting voice raised a concern about the need to make rules for ourselves rather than simply make a statement I was nearly voted off the island.  Because I persisted in what I thought was supposed to be an open discussion, I was quickly informed that if I could leave if I didn’t agree with the group.

It doesn’t matter what the rule was going to be about.  My point was that if we start making rules for the “group” we then need to define what a violation is, who will enforce it and what is the punishment.

The group tabled the proposed rule because they thought the  process of listening to opposing views was taking to long.  They were in a hurry to have their proposals approved by each other.   Several kids on their way to being social workers came over to help me understand why it was so important to make rules for the group.

I wasn’t the only person concerned that the right of the individual should not be something you sacrifice to a group.  I was called combative because I was loud I guess, but it was a Human Mic thing where we had to raise our voices.  Another woman about my age, 45 was told she should leave.

They never did get the point, that it wasn’t the content of the rule that I was disagreeing with.  It was making it a rule and not a statement of agreement.

At one pint in the General Assembly a gentleman  around 80 years old wanted to share with the assembly an important Historical Fact.  He was asked by a 20-year-old if it was directly related to the proposal being discussed.  “No not directly’ the old man said, “well than it’s not time for that” he was told.  The twenty year old, told the elderly man that there was an agenda and he’d have to wait.  Total disrespect.  I for one am not a part of a group that shows such lack of compassion to the elderly.

It was 8:30 and cold, this old guy was there but who knows if he could hang out till it was “Time on the Agenda”.

I did have some positive interactions with some people my age and some younger people who had gone to the OWS and stayed long enough to compare this with the NYC encampment.  They shared with me that they weren’t getting much out of this gathering.

All in all I’m glad I went.  Change needs to come to this country.  Corruption is at the core.  I have specific areas of concern to discuss and take action on and whether this is my movement I’m at least moving.

 

My son is being held hostage  and abused by Northeast Kingdom Human Services and the State of Vermont.   All in the name of  “Public Safety”.

Almost a year ago I hired an attorney to represent my son and stop the abuse by this Agency and the State of Vermont.  My son has suffered the following retaliation:

Physical Assault by a “Home Care Provider” after asking to call his attorney.

Forced to clean up other people’s feces and urine.

Denied access to a shower for five days.

Taken on multiple occasions to “Undisclosed Locations” by undisclosed people.

Prevented from communicating with his Legal Guardian who is also his mother.

Denied his inhaler. Denied Food. Denied treatment by his privately hired therapist.

My Son Has Been Terrorized by the State of Vermont.  Employees of Northeast Kingdom Human Services’ “Safe Choices Program” have pounded on his attorney’s door, whisked him away, tried to intimidate and bully his therapist, have forced his family to meet with him while supervised by two or more employee / thugs who won’t identify themselves.    State workers are so protected “consumers” don’t even have a right to know there educational backgrounds or qualifications.  Believe me I’ve made the written requests.  State Terrorism is legal in Vermont.  This doesn’t make me proud to be an American.

The abuse has been well documented many video taped (which I will post in the next few days, too tired now )and reported to Adult Protective Services…Another Dept. of Human Services…get it….What would motivate the state to condone this abuse you ask.  Well due to his disability the state need only call  “Risk to Public Safety” and Shazam!  they can bill Medicaid and the Federal Government for 100’s of thousands of dollars every year for services he “supposedly” needs.

So let’s keep up Hope for the better future we can build.  Here’s one of my favorite music messages;

http://www.wsws.org/articles/2009/mar2009/pris-m04.shtml

http://www.nccd-crc.org/nccd/pubs/2006nov_factsheet_incarceration.pdf

Vermont Commissioner: Dr. Susan Wehry, Prescribes Abuse

I received a phone call from my son on October 3rd at 5 p.m.  He said “Mom they just came in and told me to put some clothes in a bag because I’m being taken somewhere,  and they won’t tell me where”.  This Agency did take my son away.  Under orders of the Commissioner of the Department of Aging and Independent Living, Dr Susan Wehry, my son was taken to a house and forced to sleep on springs covered by a thin layer of fabric.

The next day when I went to the house where my son was supposed to be with a memory foam mattress, I was told he wasn’t there and he wouldn’t be returning.  I had no idea where my son was or where he was being taken.  I packed Bills things up and left.  I received a call from Bill saying he was being taken to Dirby Vermont, but nobody would tell him the address or who he would be staying with.

I drove to meet the worker we’ll call Wheels, because that’s how he described himself to the Hardwick Police Department the night before, saying, “I know nothing, I’m just wheels”.  I met Wheels on the side of the road, as you can see in the video, he wouldn’t tell me where he was taking Bill.  The worker was so “bothered” by Bill’s family wanting to know where Bill was being taken that he drove off leaving Bill on the side of the road.

Bill was left on the side of the road so we decided to go to the St Johnsbury Police Department and let them know that Bill was with me, not because we fled but because his worker had “eloped” (as they like to put it).  After talking with the St Johnsbury Police, realizing Bill had not eaten all day, we went to a restaurant and I bought him dinner.  Three hours after leaving him on the side of the road a Human Services Worker called to tell me if they didn’t get Bill back they’d call the police.

That evening Bill Bennett was taken to an address in Dirby Vermont.  I was eventually told the name of the person he was going to stay with, Barbara McGee.  But once again I wouldn’t be allowed to inspect the placement.  (These Videos Tell You Why)

 The following day I received a call from Bill, he was distraught.  He said the bedroom and the bathroom were disgusting.  The bedroom floor was littered with cigarette butts, leaves and dirt.  The bathroom was covered with someone’s hair, urine, dirt and feces as you can see in the videos.  The woman who owns this house is the mother- in -law of Bill’s Case Manager, don’t tell me she doesn’t know what she’s done.

When I was allowed to pick Bill up for 24 hours on Saturday, he hadn’t showered in five days.  Not because he’s a slob, but because he wasn’t given any towels or soap.  Even if he had been he said there was no way he was going into that bathroom without shoes on.  Bill has thoroughly documented the disgusting conditions which Dr. Susan Wehry, the Commissioner of The Department of Aging and Disability has personally forced him into.   Bill was forced to clean this disgusting filth.

My son has been taken to several locations in one week, he’s not told where he’s going or who he’ll be with.  He’s stuffed into a car and taken.  “Stuffing” is a term used by the clients of Northeast Kingdom Human Services.  “They moved me around like a ketchup bottle” as Bruce Wilson would say.

Human Services Of Vermont does what our Government rails against other Governments for doing to their citizens.  As my sons Legal Guardian I hold The Governor of this state responsible.

Dr. Susan Wehry, a medical doctor has taken an oath to do no harm.  Yet she is forcing my son to sleep on springs and live in filth.  She has treated him worse than a dog.  Bill Bennett, my son hasn’t  had his inhaler in a week.   He has repeatedly told the Commissioner’s minions he needs it but still he is without it.   And I, Bill’s Mother and Legal, Court Appointed Guardian “hah” am being prevented by the Commissioner from fulfilling my responsibilities as a mother, a guardian and a a decent human being.  Commissioner Dr. Susan Wehry, should remember her oath as an M.D.

I swear to fulfill, to the best of my ability and judgment, this covenant:

I will respect the hard-won scientific gains of those physicians in whose steps I walk, and gladly share such knowledge as is mine with those who are to follow.

I will apply, for the benefit of the sick, all measures [that] are required, avoiding those twin traps of overtreatment and therapeutic nihilism.

I will remember that there is art to medicine as well as science, and that warmth, sympathy, and understanding may outweigh the surgeon’s knife or the chemist’s drug.

I will not be ashamed to say “I know not”, nor will I fail to call in my colleagues when the skills of another are needed for a patient’s recovery.

I will respect the privacy of my patients, for their problems are not disclosed to me that the world may know. Most especially must I tread with care in matters of life and death. If it is given to me to save a life, all thanks. But it may also be within my power to take a life; this awesome responsibility must be faced with great humbleness and awareness of my own frailty. Above all, I must not play at God.

I will remember that I do not treat a fever chart, a cancerous growth, but a sick human being, whose illness may affect the person’s family and economic stability. My responsibility includes these related problems, if I am to care adequately for the sick.

I will prevent disease whenever I can, for prevention is preferable to cure.

I will remember that I remain a member of society with special obligations to all my fellow human beings, those sound of mind and body as well as the infirm.

If I do not violate this oath, may I enjoy life and art, respected while I live and remembered with affection thereafter. May I always act so as to preserve the finest traditions of my calling and may I long experience the joy of healing those who seek my help.

Dr. Susan Wehry has violated every one of these promises.  My son’s physician and psychologist abide by this oath.  Everything this Commissioner does is observed by her peers.  This is not an ethical woman.

The Governor of the State of Vermont, Peter Shumlin and the Secretary of Human Services, Douglas Racine have facilitated this abuse through their refusal to address what has been reported to them and highly reported on and documented over several administrations.  Governor Shumlin, you should be ashamed and disgraced to have this going on in your State.

Governor, you are spending the tax dollars of hard-working Vermonters to fund and cover up Abuse of Disabled People.  If you can stomach the truth, watch the videos.  My son voted for you! It’s time for you to do what he put you in office to do.  Investigate and end the Abuses of the Safe Choices Program of North East Kingdom Human Services! Before It’s to late.

Governor Shumlin This is Sheer Stupidity and Reckless Endangerment “Trial By Fire”

The Video Says It All.

Supervisor at NKHS comes forward with the truth, Will Secretary Douglas Racine Intervene

Rick Devost may not see himself as a “whistle blower” but when someone witnesses injustice and they have a lot to lose by speaking out, I consider them a whistle blower.  Will Secretary of Human Services Douglas Racine respond?

On Tuesday the 5th of July 2011, Rick Devost a supervisor of case managers at Northeast Kingdom Human Services, Safe Choices Program put me on speaker phone with William (Bill)  Bennett in his office for a conversation which could cost him his job but allow him to live with himself.  He said he  had some things he wanted to say to me and that he wanted Bill to hear as well.

I braced myself not knowing what to  expect.

He told me that he respects me and what I’m doing for my son, that I have always treated him with respect, courtesy and professionalism and that he would tell that to anyone because it’s the truth.

Rick had been on vacation the previous week and was reviewing the emails exchanged  between Kathy Aiken (his supervisor) and myself. Rick made the following comments about Kathy Aiken’s responses to my questions,  “I don’t understand her tone in the emails or her lack of cooperation, she could have easily answered your questions and I don’t understand why she didn’t”.  Before going on vacation Rick said he arranged for the services and supports Bill is supposed to be provided but Kathy being in charge of scheduling while he was awa,y undid the arrangements.  He said  “Her anger is getting in the way” .

He brought up the previous team meeting and Kathy’s hostile confrontational attitude.  He said he had spoken with Dixie McFarland, Kathy’s supervisor and that he would be bringing the latest actions up again in a meeting with the three of them.  When I asked him why if everyone is aware that Kathy is obstructing  Bill’s treatment why she’s the only one corresponding with me.  He sated “because she as Program Director is ultimately responsible”.  I interpret this to mean that their letting her hang herself.  And I can tell you, she has tied her own noose and tightens it with every venomous word out of her mouth.  Having dished out,  for over a decade, verbal and emotional abuse to disabled men )paid for by the State of Vermont) she is now acting out of desperation.  Kathy Aiken along with Saul Schoenberg, (owner of the “Safe Choices” program) and contributors to the “Best Practices Manual” for Supervision and Treatment of Sex Offenders with Developmental Disabilities are clearly culpable if the accusations I’ve made, can be proven, and they can.

With Bill sitting right there in his office Rick said “I see a great deal of positive growth in Bill and credit 100% of that growth to you”, meaning me, Bill’s mother and fierce advocate.  He thanked me for bringing this all forward because he entered this profession to help people and that a change needs to happen. He assured me that behind the scenes it’s happening, even if I don’t yet see it.

He also said “I don’t feel Bill is a danger” and that he hopes soon Bill will be able to move on into a much more independent life, and that Bill should be getting the supports he needs to acquire independent living skills.  Rick Devost showed compassion and concern for Bill and referred to him as a victim.

I asked him if he would put this in writing because it means nothing if it isn’t said to the people who are making the decision.  He assured me that he is a man of his word and he will stand behind his statements and bring this to his superiors.  He said he would either be taken seriously, transferred off Bill’s case or fired altogether but he was prepared for any consequence, saying “I need to be able to sleep at night”.

I phoned Rick the next day to reaffirm his statement and check in to see if he would retract it.  I asked him if the attorney from NKHS was aware of the content of our conversation, he said he hadn’t spoken to the attorney.  I stated to him that I am interpreting his comments to mean that Kathy Aiken is obstructing Bill’s treatment and he affirmed that was an accurate interpretation.  I asked if he would be willing to speak to a reporter and he said he needed to address the issue directly with his and Kathy’s superiors.  I told him that I will be bringing his comments to the public and he said and I quote “you need to do what is best for your son, I am a man of my word and stand behind my statements to you”.

Bill and I have been so confounded by NKHS’s actions over the last four months we haven’t even been able to determine who the case manager is so I asked Rick who Bill’s case manager is, he replied that technically it’s Tammy Crowe, I replied “but she hasn’t participated in any of the meetings, the Individual Support agreement or anything”.  Rick Devost said that Kathy Aiken is acting as case manager (ultimately accountable).  I responded, “if she’s the case manager and as you said acting as an obstructionist how are we to accomplish any of the things Bill needs”?  He said he didn’t know, that all he could do is bring it to his superiors and hope they handle it appropriately.

I said to Rick, what I’m hearing you say is that I’m on my own and his reply was “you’ve been on your own the whole time”.  To that I thanked him for trying and that I would wait to hear, or see what the result would be.

My prediction is that the attorney from NKHS will shut him down.  Another one bites the dust.  

Bill and I will persevere, I’m the driving force out here, but Bill is in the line of fire.  He maintains his sanity, compassion and dignity against evil corrupt minions interested in profit and power.

Tracy Gilman, proud mother

Vermont Human Services Ignores Medicaid Fraud and Abuse

Disability Rights Vermont uncovered Medicaid fraud in an investigation of an assault on a disabled man by a “home care provider”. http://www.scribd.com/doc/56888199/Disability-Rights-Vermont-Investigation-into-Abuse-By-Home-Care-Providers

In the report the Sterling Area Agency, in Morrisville Vermont admits they knowingly put a contract into the name of a person not providing the service.  SAS also knowingly supported the contracted provider in not complying with the requirements laid out in her contract.  This has been reported to the Vermont Attorney General and they have said they are going to investigate.

The Vermont Agency of Human Services oversees this provider, has received a copy of the DRVT report but has taken no action on the fraud or the assault.  Earlier that day, I Tracy Gilman, the Legal Guardian and mother of Bill Bennett attempted to remove him from the placement due to concerns for his safety.  Vermont Human Services ordered him back to the placement just hours before the assault occurred.

The  DRVT report also concluded that:

The information provided by the contracted Home Care Provider, Wendy Demar and the assaulting “home care provider”  Wayne Demar were “strikingly” inconsistent.  Wayne Demar admits to following Bill to his bedroom and pushing him down on his bed but did not admit to holding him down.  Yet Wendy Demar state that Wayne admitted to her having pushed and held Bill down.

The two HCP’s also differed in their stories one saying that Bill was agitated upon arriving home and the other saying he was not.

The Home Care Provider did not comply with Bill’s Behavioral Support Plan, Crisis Response Plan or his SAS training.

The Home Care provider entered into Bill’s room to unnecessarily confront Bill within his own personal space.

That he forcibly placed Bill on the bed and held him there against his will.

That more likely than not the Home Care Provider acted in an effort to intimidate and place Bill in fear in order to reassert control and express his frustration over the days events.

The Home Care Provider did restrain Bill on the bed in a manner that was not appropriate pursuant to the Guidelines cited in Behavior Support Guidelines published by Vermont Human Services 2004 that prohibits under any circumstances, “restraints that have an individual lying on the ground or in a bed with a worker on top of the individual”.

Adult Protective Services apparently never interviewed either provider before making the determination that “No Abuse Occurred”.

William Bennett’s troubles with the state have been ongoing since he entered into services.  In 2005 he was set up by a home care provider who dropped him off at the Comfort Inn and Suites with a nineteen year old girl.  As a young man with a disability this was exactly the sort of “encounter” William wasn’t ready for and the guidelines clearly outlined in his support agreement made that clear.

The Agencies records clearly acknowledge “poor supervision L&L resulting.  Bill was then charged with Lewd and Lascivious conduct and “successfully” court ordered into the custody of Vermont Human Services.  Where he has been subject to years of Abuse and Neglect at the States Hands.

One can only conclude that the Agency will go to any lengths to avoid responsibility/liability for the actions of its minions.  The only avenue for Justice seems to be to sue the State of Vermont.

I have carefully documented the neglect and abuse against my son for many years and I can tell you there are so many fraudulent practices occurring at the area agencies that the counts of abuse and neglect won’t be counted on one hand.

I’m certain documentation is being created and destroyed by these agencies in an effort to erase all evidence and create new evidence.

Instead of addressing the abuses that have been reported Vermont Human Services has harrassed, intimidated and retaliated against me, costing me tens of thousands of dollars in legal fees to maintain my guardianship of my son,  to file motions for relief from abuse, motions to prohibit them from interference with his right to legal counsel.  They have attempted to intimidate me into signing releases of information without legal counsel.  They have  harrassed my son relentlessly, interference of his access to legal counsel.    They have isolated him from his whole family and have treated us like criminals forcing us to have our visits in parking lots supervised by unidentified staffers.  They have acted in an egregious manner in an attempt to break our spirits.

After repeatedly informing our Governor Peter Shumlin, Douglas Racin Secretary of Human Services, Dr Susan Wehry Commissioner of The Department of Aging and Independent Living of the abuses to no avail, I will be commencing a Hunger Strike one month from the fourth of July, 2011.  If this supposed Human Services Agency wants to break people’s spirits and it will be in a public forum for all the world to see, not in some rinky dink little town where nobody pays attention.

Please sign our petition http://www.thepetitionsite.com/1/vermont—investigate-the-abuse-of-quotdevelopmentally-disabled-offendersquot/  Maybe, just maybe someone will do the right thing.

And Let’s not forget the DRVT report where the 24 year old man died a slow,  gruesome death while in Sterling Area Services.  The care givers where negligent, forged documents, ignored his desperate pleadings for help, failed to provide medical attention and watched this young man deteriorate for six months until he was found face down in his bed, dead.  Yet, was anyone held accountable for that? http://www.scribd.com/doc/52929838/Disability-Rights-Investigation

Tracy Gilman, Mother of William Bennett

Vermont Human Services Agency Poses Risk to Public Safety

Vermont Human Services is ignoring the standards of their own Best Practices Manual http://www.ddas.vermont.gov/ddas-publications/publications-os/publications-os-documents/os-pub-supervision-treatment-sex-offenders-with-ds committing Medicaid fraud and helping agencies such as Northeast Kingdom Human Services and Sterling Area Agency to cover up reports of abuse, posing a seriouse  “Risk to Public Safety”.  “Risk to Public Safety”  is the same term used to civilly commit and incarcerate some of the very people this service is supposed protect.

Vermont Human Services charges the state and federal government millions of dollars every year to pay for services not provided.  These State contracted Human Services Agencies are supposed to protect the public by “treating” and rehabilitating people; who could not be convicted of crimes, people who have served their sentences for crimes and in many cases people who haven’t even been charged with a crime.

Civil Commitment  is being used as a continuum of incarceration.  All over the country people are being detained indefinitely without charges or convictions.  Treatment is mandated and provided through state human services agencies and corrections.  The very people and agencies responsible for assessing and treating are the people profiting  from “treatment”.  This conflict of interest does not encourage treatment that results in successful rehabilitation.

In Vermont 194 individuals are in the custody of the Department of Aging and Independent Living (DAIL) under Act 248, Vermont’s civil commitment law for people with mental retardation (18 V.S.A Section 8839 et seq).  In a 2010 Report to Representatives Lippert and Marcotte on Individuals with Developmental Disabilities Who Pose a Public Safety Risk, http://www.ddas.vermont.gov/ddas-publications/…/ds-offenders-report-2009 DAIL  makes the following recommendations (to themselves) which remain unfulfilled;

1. Competency evaluations for individuals suspected of having a DD should include a current evaluation by a psychologist skilled in assessing individuals with DD.
2.  Some ACT 248 commitments should be for a defined period rather than indefinitely.
3. Additional review processes should be adopted  for individuals who are under guardianship and in a restrictive program.
4. The State should adopt the best available risk and criminogenic needs assessment tools, to ensure that these individuals do not remain in treatment or in restrictive settings longer than necessary.

Although the Act 248 Statutes give the individual the right to seek judicial review of an order of commitment, in many of the ACT 248 cases, annual reviews take place with no participation from private guardians or the DD clients themselves.

In the case of William Bennett notice of annual reviews were not given to him or the guardian.  This goes against Section 4.10 – (c) – (pg. 36) of Regulations Implementing The Developmental Disabilities Act of 1996 March 2011.  Clients with DD cannot be expected to fully understand and initiate these proceedings without support from their guardian and real advocacy from their attorney.

In the most recent annual review Bennett was phoned by a Vermont Legal Aid Attorney and asked if he needed a consultation.  For a person with a developmental disability the word “consultation”  may have no meaning.

Recommendations for continued services/incarceration were made by the service providers and DAIL, agreed to by the Legal Aid Attorney, submitted to the courts and approved by a  judge.  This automated system to extend “care” to ensure the continued funding is a breach of human rights.

Without  proper procedures for legal representation of DD individuals outlined in the legislation their human rights will continue to be violated for a profit to these privately owned publicly funded institutions at a cost to the state of $100,000 a year and up, per client.  The report to Lippert and Marcotte goes on to say that no court has ever concluded in the 23 years since the passing of Act 248 that a person committed should be released.  This should raise questions about the treatment being provided.

From a review of  the reel to reel tapes of the hearings it is clear that during the  formation of Act 248, the testifying professionals were concerned that DD people would be “swept up” due to public discomfort and families of DD individuals not wanting to deal with them   They expressed a clear concern that these individuals civil rights would be violated, that people would be detained longer than necessary and that treatment would not be given on an individualized basis.

Expert testimony given by mental health professional, felt that long-term commitment was not necessary for many of the Developmentally Delayed Individuals.  In testimony given by Charles Mosley to the House Judiciary, Mosley states that there is a lot of potential to train individuals with Mental Retardation and 24 hour supervision could often decrease after the first few months.  He goes on to say that Lots of these people are mildly retarded and have great potential for employment teaching.

During Testimony Walt Morris, Defender General disagrees with the characterization of the individuals as “getting off the hook”.  He also points out that public discomfort with street people and people who are different tends to sweep them up into the system.

Testimony by Bill Reedy of the Vermont Coalition of the Handicapped urges access to the same civil rights proceedings as any other citizen.  He also voices concern that commitment be provided in the “least restrictive manner” and adhere to constitutional standards.

Roger Strauss, Director of Washington County Mental Health refers to the Judicial Review as a method to see if  “appropriate therapy” is being received.  Saying that “constitutional law requires the commissioner to provide appropriate therapy”.  In discussions of the annual review it is repeatedly stated that the Commissioner is responsible to provide “individualized” treatment in the “least restrictive manner” possible.

It also requires that the burden of proof be more substantiated as the individual proceeds through the care-program. Thus putting more pressure on the Department of Human services to prove the individual still poses a danger to public safety.  This is obviously a measure that has failed.

An expert witness in the taped hearings, believed to be Bill Reedy of the Vermont Coalition of the Handicapped puts it very clear, we are talking about people with inappropriate behavior, not armed and dangerous criminals.  He continues saying “very few people need to be shackled, mentally retarded people actually are less violent than you and me“.

Major parts of the original Act 248 statutes in Vermont have been repealed leaving civilly committed individuals with no civil rights and undermining the oversight and accountability originally intended by the legislatures.  Section 8821-8834 regarding Provisions of Service and Judicial Review has been repealed, Section 8842 stated that Hearings be  in accordance with 8827 which has been repealed, Section 8845 states that procedures shall be in accordance with 8834 which has been repealed.  Just take a look at the most recent draft, it looks as though they will cross-out (repeal) the entire Act.

Total authority is given to DAIL due to the Court’s and the Legislature’s lack of concern for civil rights for all and fear of public opinion, “out of sight, out of mind”.   Developmentally Disabled people remain in restrictive and abusive environments for decades without hope.

DAIL has demonstrated that they will go to great lengths to silence reports of abusive practices.  In a recent petition for Relief From Abuse in which one DD client’s life was threatened by another client in a State Licensed Group Home, Attorney’s from the Agency (NKHS) running the  home and an Attorney for the Commissioner of DAIL showed up to fight the order.  The Defendant nor his guardian or attorney for the defendant was even present.  NKHS and DAIL made  no denial that the threat was  made, yet the judge dismissed the order after the attorney from DAIL threatened to call in the Attorney General if the judge pursued the matter further.  DAIL and NKHS immediately moved the aggressor client back into the group home with no concern what so ever to the risk posed psychologically and physically to the Aggressed client.

In January of 2011 William Bennett”s guardian and mother hired an attorney to contest the Act 248 placement. William’s Guardian is concerned that his placement in this program will have permanent detrimental effects on him.  Since his placement in this “Safe Choices”  program he has been assaulted by a home care provider, kept incommunicado, been double staffed by workers who refuse to give their names, been denied his rescue inhaler, been sexually harassed by a staff member, been kept isolated from his family and guardian, been denied a low fat diet recommended by his physician, been denied opportunities to exercise, forced to witness another client having daily uncontrolled grand maul seizures, has been denied private conversations with his attorney and his guardian, has been threatened and intimidated to sign releases of information for medical and psychological appointments. William Bennett has and still is being harassed and Bullied by the State of Vermont.

DAIL and it’s Agents have been actively thwarting efforts by William and his guardian to improve his mental and physical health through years of suppressing and isolating William.  The damage done due to the negligence and incompetence of these supposed providers is inexcusable.

DAIL has the ultimate responsibility for the well-being of people in custody, they have a vested interest in covering up abuse by providers they contract with.  The Human Services Board would normally review decisions made the Commissioner of DAIL  but has recently stated that they don’t have authority over the commissioner in Act 248 cases.  The  Human Services Board defers to the courts, which under threat of the Attorney General submit to the DAIL.

Adult Protective services is supposed to defer to the Secretary of Human Services when the Commissioner of DAIL is implicated in reports of abuse but instead make findings that the abuse never occurred.  The Secretary of Human Services Douglas Racine, after repeated pleas from the guardian of William Bennett defers to the Commissioner.  Vermont’s Governor Shumlin after repeated pleas from the guardian of  William Bennett defers to the Secretary of Human Services.

Adult Protective Services, commissioned with investigating abuse has recently been threatened by Vermont Legal Aid and Disability Rights Vermont for not investigating reports of abuse.  APS settled out of court and is supposed to implement changes and clear up a back log of abuse reports.  William Bennett and his guardian have made several recent reports of abuse to APS  and has not seen any action taken.  No doubt they will at some point write a letter saying “no abuse occurred”.

In case after case of abuse reported to The Department of Human Service they have hammered clients and advocates into submission with their incredible powers and access to tax payer funded attorneys.  It is time we as a Civil Society end this atrocious abuse of this vulnerable group of fellow human beings.