The Brillon Case Continues: The Government Appeals
Unhappy with the Vermont Supreme Court’s decision vacating Michael Brillon’s conviction for excessive pretrial delays, the Bennington County State’s Attorney is appealing to the U.S. Supreme Court. The essence of the matter, presented in previous posts, is that the government blames Mr. Brillion for the delays, in part for firing attorneys that confessed they were unprepared for trial.
Particularly disturbing here is that a friend of the court brief is being filed by Vermont Law School on behalf of victims’ rights groups. Clearly what’s intended is to keep Mr. Brillon in jail, even if it means forcing defendants to accept admittedly incompetent counsel. As discussed in an earlier post, these appeals essentially wish to impose a character test on whether basic rights apply to criminal defendants. If the defendant is unpopular, the Constitution need not apply.
Serious problems with the Public Defender’s office were, or should have been, known to all the players here who failed to squawk loudly until the Vermont Supreme Court said enough was enough. Where were they when they were needed?
Comments
Comment from Roy Goodwin
Date: April 7, 2009, 4:58 pm
It is outrageous for the state to charge a defendant for the delays IT caused by its own inherent systemic FAILURE! The public defenders system! it is infuriating!!! and to think that anyone behind bars, charged! NOT convicted! is using prolonged pre-trial incarceration as a tool or strategy, is giving too much intellectual credit to criminals, and condones the inadequacy of court appointed counsel! But even worse and far more dangerous is that it puts no accountability on the court or the state to ensure that the rights of the ACCUSED! is protected by LAW! just like the ACCUSER’s rights are! Even ASSHOLES have rights!
I am thankful that the Vermont Supreme Court saw fit to recognize the rights of Vermonters! It is unfair for indigent Vermonters and ALL Americans for that matter to be subject to pre-Conviction imprisonment BECAUSE the Public defender’s office is unable or unwilling to adequately serve it’s primary function to DEFEND!
If any normal citizen has ever had the experience of having to depend on a public defender, they realize just how under staffed and overwhelmed the system is! and unless you are lucky enough to be assigned an attorney who actually gives a shit, about right and wrong or even winning, you’re stuck! and God help you cause the court aint!
Comment from John Krats
Date: January 14, 2009, 4:42 pm
You are either an idiot or you do not know the history of the case in question. Michael J. Brillon is a habitual offender who was sentenced to 12 – 20 years for yet another felony conviction, his fourth. He alternately fired or threatened several of his six attorneys. He delayed his own trial repeatedly and then convinced the idiots on the Vermont Supreme Court that his right to a speedy trial was denied.
That’s known as an absurd result to those of us who do not suffer from heavy metal poisoning. You are correct in one respect. There really is no reason to like Mr. Brillon. He is a violent registered sex offender who should be kept in a cage until he stops breathing or better yet, executed.