Donovan Discloses Polling Questions — At Least to Reporters

Seeking to put behind him allegations that his campaign engaged in push polling, Chittenden County State's Attorney T.J. Donovan on Friday provided reporters with a fleeting glimpse of the poll in question.

Donovan's campaign set restrictions on how the press could report on the poll. Reporters were allowed to view the poll's questions during a half hour period Friday afternoon, but they were barred from reporting on the wording of all but a couple questions. (Pictured at right is campaign manager Ryan Emerson displaying the thing.)

The unusual move comes after two recipients of the poll who support Donovan's rival in the Democratic primary for attorney general — incumbent Bill Sorrell — told Seven Days they believed the poll intended to dissuade voters from voting for Sorrell, not gauge public opinion. Unlike a conventional public opinion survey used to hone a candidate's message and determine how a candidate is doing, push polls are generally deployed in the late stages of a campaign to spread negative — and sometimes false — information about a rival to a large number of voters.

Seven Days asked the Donovan campaign to provide copies of the poll early this week before the story went to press, but the Donovan campaign declined the request. After the Sorrell campaign pressed Donovan on the point Thursday in a letter from one campaign to the other, the challenger decided to allow limited access.

So, was Donovan's poll a push poll? We'd tell you, but we're not allowed to.

Just kidding!

In Email Exchange, AG Candidates Call on Each Other to Debate More, Stop Hatin' & Release Poll

There's really nothing more passive aggressive in politics than the old campaign-to-campaign email exchange — cc'ing the media, of course.

That tactic emerged in the Democratic race for attorney general Thursday as incumbent Bill Sorrell and challenger T.J. Donovan traded barbed requests through the press.

It started in the morning with an email from Donovan campaign manager Ryan Emerson to his counterpart on the Sorrell campaign, Mike Pieciak, calling for more debates before the Aug. 28 primary.The candidates have already taken part in two debates and are scheduled for seven more.

"What better way to inform the public than engaging in more debate?" Emerson wrote. "I know that both campaigns are very busy, but I'm sure we can work together to adjust our schedules accordingly. Will Bill Sorrell join T.J. Donovan by committing to three more debates?"

Rather than directly responding to the Donovan email, Sorrell's campaign issued its own requests by email later in the day. In a letter to Donovan, Sorrell called on his opponent to publicly release a script of the questions his campaign asked in a recent poll of 400 Vermonters. Two Sorrell supporters who participated in the poll characterized it to Seven Days as a "push poll" intended to influence voters, not gauge public opinion — though Donovan's campaign maintains it was a rigorous, scientific survey.

Citing Vermont's tradition of civility in politics, Sorrell also called on Donovan to sign a "positive campaign pledge," which he helpfully included as an attachment to the email. The four-part pledge would bar the candidates from engaging in or condoning "negative or defamatory attacks" on each other's character and issuing campaign materials that mislead or distort the other's record.

"Join me in signing the attached pledge to run a positive issue oriented campaign and to refrain from negative campaigning," Sorrell wrote. "Our party is made stronger by positive issue oriented debate, but can be torn apart by employing negative campaign tactics."

So, will each of the campaigns accede to their opponent's request?

Yes, yes and yes! (Well, kind of.)

Chief Schirling Says Pic 'Clearly' Shows Protester Reached for Cop's Baton, Photographer Disputes Chief's Version

Updated below: Chief Schirling retracts statement, apologizes for mistake. 

Does this photograph show a protester from Sunday's clash with Burlington police grabbing a cop's baton?

Burlington Police Chief Michael Schirling said on Vermont Public Radio's "Vermont Edition" today that the photo — snapped by Dylan Kelley and posted online at Seven Days — "clearly" shows the demonstrator in the black bandana grabbing the baton of police Lt. Art Cyr.

"What I see in the photograph, they have a hold of it," Schirling told VPR host Steve Zind. "They are clearly resisting and you can clearly see in the left of the photo, a man in a black bandana grabbed hold of Lt. Cyr's baton, and that is what precipated the first event."

Activists and cops have traded accusations about who's to blame for the incident in which police fired "stingball pellets" into a crowd of demonstrators blocking a bus of dignitaries from leaving a conference of New England governors and eastern Canadian premiers. The tension gave way to a moment of cooperation yesterday when demonstrators and their lawyer called for a dialogue with police about the events that led to the clash.

After hearing Schirling's remarks on VPR, the photographer who took the picture said he was "livid," calling Schirling's claim "an absolute lie."

"If you look at the picture, it clearly illustrates that that person's hand is not wrapped around the baton," said Dylan Kelley, who has photographed occupy protests around the country. "It is wrapped around a flag or banner or something else. If you zoom in on that lower left hand corner of the frame, and you look at that person's hand, it is not wrapped around the baton."

Kelley, who said he was at most four feet away from Cyr, sent Seven Days higher-resolution version of the photograph, which we zoomed in on and cropped to publish here. From the photograph, it's difficult to say what the bandana-clad protester is clutching, and Schirling was not immediately available Thursday afternoon to respond to Kelley's comments.

Update - 4 p.m.

Upon viewing the close-up of the photograph, Chief Schirling has retracted his earlier statement made on Vermont Public Radio. In a statement emailed to Seven Days and VPR Thursday afternoon, Schirling said:

"On the show earlier today I described a photograph from the 7 Days website that was given to us this morning as showing a man grabbing an officer's baton. A few moments ago 7 Days emailed us a much higher resolution enhanced version of the photograph. Upon examination of this new photograph we realize it is not the baton. We will work during our investigation and 'after action' review to try to determine what it is. Our assessment of this portion of the event was based solely on the photograph available earlier in the day. I want to be sure we set the record straight as quickly as possible as new information comes to light. I apologize for the error. We continue to ask that anyone with information about this incident, video, photographic, or otherwise, contact us so we may be as thorough as possible."

ACLU Asks Police to Disclose How They're Using Data Gathered From VT Drivers

The American Civil Liberties Union (ACLU) of Vermont has called on local law enforcement agencies to disclose how they're using, sharing and storing data gathered automatically from passing motorists on Vermont's highways.

This week, the ACLU of Vermont joined affiliates in 34 other states in requesting information on police use of automated license plate readers, or ALPRs. The use of ALPRs in Vermont was first reported in a December 8, 2010 Seven Days cover story, "Digital Apprehensions: High-tech computer crime fighting has arrived in Vermont — but at what price?"

ALPRs are digital devices mounted on patrol cars or stationary objects along roadways, such as telephone poles and highway overpasses, that scan every license plate that enters their fields of view. An ALPR, which is capable of scanning several thousand license plates per hour, is connected to a computer in the patrol car that alerts the officer whenever it gets a "hit." The technology can be used to identify drivers who are runaways, have outstanding warrants, are driving under suspended or revoked licenses, or have recently fled the scene of an accident or crime.

Although ALPRs are still believed to be in limited use in Vermont — as of 2011, only six law enforcement agencies in the state had them — they have been used successfully to fight crime. The St. Albans Police, for example, working with the Vermont Fusion Center in Williston, used one in 2010 to nab a suspect believed to be responsible for a series of armed bank robberies in Franklin County in 2009.

Slamming Shumlin on FEMA Funding, Brock Makes Irene a Campaign Issue

If you thought Tropical Storm Irene wouldn't become a political football this campaign season, think again.

At a hastily-called press conference Wednesday morning on the flood-damaged campus of the Waterbury State Office Complex, Sen. Randy Brock (pictured) took a direct shot at the crowning achievement of Gov. Peter Shumlin's first term: his administration's response to last August's devastating storm.

Clutching a stack of emails he requested from the Shumlin administration, the Franklin County Republican said the correspondence proved the governor misled the legislature and the public into believing the Federal Emergency Management Agency had promised more recovery funding than it had.

"Governors and governments can't withhold facts and information from the public they serve. Vermont taxpayers are not going to be satisfied with vague statements and reassurances that we have from the governor. They demand facts. They demand and deserve answers," Brock said, listing warning signs he gleaned from FEMA's emails to the administration. "These warnings weren't told to the legislature. And the question is: Why weren't we told? Why weren't Vermonters told?"

Brock's charge comes nearly two weeks after the Shumlin administration revealed to legislators new worries about how much money FEMA would provide to help rebuild the Waterbury complex and the Vermont State Hospital. In recent meetings with legislative leaders, administration officials claimed that FEMA had backtracked from earlier guarantees, potentially leaving taxpayers liable for tens of millions of dollars.

After Sunday's Tumult, Activists and Authorities Agree on Need for 'Conversation'

The confrontation that occurred on Sunday between some protesters and authorities is now giving way to expressions of cooperation by both sides.

Jonathan Leavitt (pictured at left in photo), who says he received 19 bruises from police pellets fired during Sunday's demonstration on College Street, called for a public dialogue with police and city officials. Reading a prepared statement at a City Hall Park press conference on Wednesday, Leavitt said, "Hopefully today will mark the beginning of an important conversation."

In an interview a half-hour later, Burlington Mayor Miro Weinberger said he welcomes a meeting with the activists and their representatives. He agreed there should be a "community conversation" about Sunday's events and about the general topic of policing at protests. An internal police investigation of officers' actions is getting underway, with results expected to be made available in about a month, the mayor added. A public meeting on the same concerns will be held sooner than that — in two or three weeks, Weinberger indicated.

Asked whether there could be a problem with the police investigating themselves, the mayor said "That thought has crossed my mind." But he expressed confidence in the integrity of such an inquiry and noted that there is considerable videotape evidence of what occurred when some demonstrators sought to block a bus carrying governors and Canadian provincial premiers who were taking part in a conference at the Burlington Hilton.

Mayor Weinberger Holds Photo Op, But Not a Question Op

Updated below with apology from mayoral assistant Mike Kanarick.

On Monday, Burlington Mayor Miro Weinberger's office alerted the local press to a "photo opportunity" that would take place on the back steps of City Hall at 9:40 a.m. the following morning. The occasion was the prelude to the mayor's first formal meeting with both Fletcher Allen Health Care CEO Dr. John Brumsted and the recently installed University of Vermont president, Tom Sullivan.

Photo ops are not a common occurrence in Vermont. They're staged publicity events more associated with the president of the United States than with the mayor of Burlington. Two other reporters in attendance — Joel Banner Baird of the Burlington Free Press and Greg Guma of VTDigger.org — said they had no recollection of a photo op in these parts.

Sure enough, though, the trio of local VIPs showed up on schedule with smiles for the cameras. Trying to follow up on last week's story about UVM's disinclination to construct more student housing, I asked Sullivan a question about why the university does not require juniors and seniors to live on campus — as, for example, St. Michael's College does.

Sullivan replied that in providing campus accommodations for 60 percent of its student body, UVM has already done more in this regard than have many other institutions of its kind. But before Sullivan could field a followup question — "Will UVM commit to building more student housing?" — mayoral aide Carina Driscoll intervened to announce that this was a photo op, not a press conference, so further queries would not be appropriate.

The White House press corps, by contrast, is sometimes able to get answers from the president to questions asked at "photo ops."

Weinberger, Sullivan and Brumsted then climbed the steps to city hall, paused for a few more clicks of cameras, and headed inside for their private discussion.

**Update**

Mayoral assistant Mike Kanarick, who was not present at the photo op, called soon after it ended to apologize for its abrupt ending. Kanarick said he wants to emphasize that "the mayor has an open-door policy." Kanarick also arranged for Seven Days to conduct a half-hour interview with Weinberger early this afternoon. A Blurt on the mayor's remarks during that session will be posted soon.

Photo credit: Kevin J. Kelley

'Occupy' Photographer Gets Close-Up of Burlington Pepper-Spraying

Vermont photographer Dylan Kelley was in the middle of the action Sunday when police dressed in riot gear fired pepper spray and "stingball pellets" into a crowd of protesters at the conference of New England governors and eastern Canadian premiers. His pictures are some of the most arresting images to emerge from a melee that veteran demonstrators say is unprecedented in Burlington history.

Kelley posted the photos on his blog and the online news journal Vermont Commons, where he is a board member. They appear on Blurt by permission.

Kelley, a 25-year-old student at Burlington College, has been documenting the Occupy movement with his lens for months. He’s travelled all over the country photographing occupiers in New Hampshire, Boston, Chicago, Minneapolis, Cleveland and Oakland.

“I’ve photographed all this stuff in various places where headlines are emerging,” says Kelley. “But to come back and be hanging out on College Street and see this go down, it feels like another thing entirely.”

More photos after the jump.

An Anti-Climactic Protest Bids Govs and Canadian Premiers Adieu from Burlington

Corrected below regarding the Burlington police presence.

What one Occupy agitator had billed earlier in the day as "an awesome action" turned out to be an anti-climactic fizzle on Monday evening. About 30 demonstrators briefly jeered a convoy of New England governors and Canadian premiers exiting the U.S. Coast Guard station on the Burlington waterfront following a cruise on Lake Champlain.

The protest would have been a bit bigger, and perhaps more militant, if the dignitaries had not engaged their detractors in a semi-successful game of hide-and-seek. Even so, Monday's demo would probably not have replicated the commotion on College Street the previous day when Burlington police fired non-lethal projectiles. Their target: a few civil disobeyers among an outpouring of 500 law-abiding protesters. The confrontational cadre was trying to block buses carrying the govs and their Canadian counterparts to a dinner reception in Shelburne.

As a followup, a group of 50 or so dissenters had initially gathered at Perkins Pier under a hot sun late Monday afternoon. They waited about an hour, expecting the VIPs to set sail from the ferry dock, as had been indicated in publicity material for the conference taking place at the Hilton on Battery Street. The patient remnant then walked or cycled to a small park adjoining the Burlington Community Boathouse. The Spirit of Ethan Allen cruise ship had docked alongside, leading the protesters to assume that the govs and premiers would actually be setting sail from there.

Video: Police Clash With Protesters Outside Governors Conference in Burlington

Police fired pepper balls and sting balls at protesters outside the New England Governors and Eastern Canadian Premiers Conference in Burlington yesterday.

Activists from New England and Quebec converged on the Queen City for a day of protests outside the conference, which took place at the Hilton Burlington. The protests centered on Canada's mining of tar sands oil and what environmentalists believe is a plan to ship tar sands oil through the Northeast Kingdom. Protesters also rallied in solidarity with Quebec's student demonstrations and representatives from the Innu First Nation denounced Hydro Quebec.

The rallies were peaceful and non-violent all day long, with protesters numbering in the hundreds. But late in the afternoon, a small group of protesters attempted to block buses believed to be carrying the governors and premiers from leaving the Hilton's side driveway on College Street. It was then that protesters and police clashed and some protesters were shot with "less-lethal" munitions.

From a Burlington Police Department press release:

[Protesters] were warned several more times before a crowd control team of officers with plastic shields and helmets was deployed to walk ahead of the bus following standard procedure to ensure that protestors were not struck and to assist the bus in leaving. As the officers walked forward they were physically confronted by the crowd. Some began pushing back toward the officers, others sat on the ground while at least two others laid down locking arms. 

Click here to read the full account of the incident from the police department.

Below are some videos and photos shot by protesters and onlookers.