Vermont, Officer, Senator Sears discussed on The Dave Gram Show on WDEV

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On W. Devi. It's your show about the people places and the issues that matter the most to you. Now. Here's your host Dave Graham. Good were Vermont, it is Wednesday June, the twenty, fourth, two, thousand and twenty, and we have a good show lined up for you this morning. We are to be talking in the first forty five minutes, or so about legislation that would ban the chokehold. You use of the chokehold by police officers in Vermont, of course to have become. Really notorious and. Around the country. After the George Floyd killing, in Minneapolis, and of course, the wasn't the first time that someone had been. Killed by police officer without by basically being denied the ability to breathe. Another famous case was the Eric Garner case in New York City a few years ago and That that That was the first time they've the phrase. I can't breathe. Really became famous because that's what Mr Garner was trying to tell. Officer Pantaleo as officer Ventalio was has had his arm around. Around Mr Garner's throat and was denying Mr Gardner the the ability to breathe eventually. Killing Mr Garner George Floyd had the neon his neck also being denied the ability to breathe. We're GONNA be talking with one of the people heavily involved in this legislation Vermont senator. dixie is the chair of the Senate judiciary. Committee here also I think it'd be hearing from John How he is a member of the Vermont State Employees Association He. He is a state worker who is a reliigous, strongly supportive of of this ban There's a lot of consternation in the union the. The other day, a trainer from the Vermont. Police Academy in Pittsford was presenting the Vermont. State Employees Association testifying in front of the the Senate Judiciary Committee drew bloom. Longtime police trainer in Vermont was saying he does not want to see chokehold abandoned does not wanna see use of chokehold subject to a criminal penalty Vermont which I'm pretty sure this legislation contemplates We can talk to dig Senator Sears about that in just a couple of minutes and the. The. Police trainer drew drew bloom was saying that there are rare occasions when somebody's in a very close quarters, fight in for institute both reaching for. A weapon that has been dislodged to see. There's a gun on the ground and. The police officer in the suspect are both reaching for the gun and the police officer might want to use his hands on the suspects throat to prevent the suspects from getting the gun and and would not want to be be forbidden and criminally penalized for doing something like that so we can talk all about that with senator sears I i. WanNa mention the later on in the program. We're talking about the subject of a TV. Safety ATV crashes are have tripled in Vermont so far this year compared to. The same time period last year, the we talking. With A. Injury Prevention expert. Abby bearman from the University of Vermont Medical Center, they issued a statement the other day talking about ATV safety and Making recommendations we. Also, were going to be speaking with Danny Hale? He is the president of the VASA. As it's known of Vermont, ATV. Sportsman's Association, and will we have that conversation to the second hour of the program I believe we also have a conversation. With Ken Squire? The longtime owner of wd radio radio, and who is well known broadcaster of NASCAR. Events Ken Squire has some stuff he wants to tell us about recent developments with Nascar. Of course it's been much in the national news recently isn't has tried to turn away from a history which many people see as being somewhat somewhat steeped racism and so on. Confederate flags of band, NASCAR events for instance and we'll. We'll be talking with Ken about that into Latin. In the latter part of this hour. Okay well, let's get right into with the first Senator Dick Sears Democrat of Benedict County Longtime Chair of the Senate Judiciary Committee Senator Sears. Thank you so much for joining me this morning. David, thank you for having me. Uh certainly timely and board subject. and. So tell us. About this legislation, what is the bill a? Bill for us for tenure around the Senate our. Cover a couple of issues before we get and then maybe questions. But if you look at the fourth amendment to the United States, constitution. The right of people to be secured their persons, houses, papers and effects against unreasonable searches and seizures. Shall not be violated and no warrant so issue, but apart probable cores caused by oprah affirmation. And particularly describing the place could be searched and the persons. You're things to be seized. So when you have. over the years? As the US Supreme Court and in some cases with launch pay court has looked at the use of force. It's been guided by the fourth amendment. And then a particularly In the Graham case in the US Supreme Court. they established. What's called a reasonable officer? Standard. And that reasonable officer standard in terms of use of course is what guides currently legislation both in the state, federal level and That standard is coming under fire. And part of that region for the hat is. reading now from an earlier draft of. At nineteen. the authority to use visit. The forest is a serious responsibility, but she'll be q dot exercise judiciously with respect, human rights and dignity, and for the sanctity of every human life. Every person has a right to be creep accessory abusive forced by. that. Statement I. Think is an important one and understanding how we got where we are. The Senate Judiciary Committee's version of us to nineteen adopted unanimously yesterday. By the full Senate. Improper. Strengths Meaning which prohibited lists the use of any new a person that applies pressure to the neck, wrote Windpipe Dorato artery. May prevent interbreeding reduced intake of air or impede the flow of blood or oxygen to the brain, showing and say chokehold is not necessary. That's not how it's described. The building collapsed although it in in a sense as the same think. There are two sanctions for a prohibited restraint wanted be where there is no doubt of serious bodily injury, and it could be a kind of great be on. Offense that the criminal justice training. Council would look at a person could be. The move fired at sector dealt with that that way. If serious bodily injury. or depth results from a prohibited restraint, then officer could stay up to twenty years in prison plus other. Charges including not limited to murder. Manslaughter succulents so this what we tried to do this is I think. Allow for case by case review, but the courts of any case came to court so the concerns. That have been expressed by. The gentleman from the Training Council I. Think is addressed frankly calm by a case by case with you of anything that happens. Obviously if they. Is Description. I believe was. An opposite struggling where they posted. They've been subject to arrest. Tries to grab his gun or something like that is Christ. Danger Skill. Has All the rights accorded any citizen Kind of review as to. The totality of the page. I I, think and as you look at what other states done. In talking with police and others And pray frankly in my own. Experience as you know. I was director of the program for troubled youths. We had to be taught restraint. and. I retired in two thousand and six I received before I retired actually restraint trading that. was clearly do not use any kind of chokehold or any kind, those Restraint would. Hit that the person's ability believer and it just was. So. How. Anyone could look at what happened in Minneapolis. And Justify. That is beyond me frankly. I! Don't think anyone I don't think anyone has done that and group. Bloom from the from the Criminal Justice Training Council Vermont. Police Academy was very clear that he thought that that that action by the officer Derek Show van in Minneapolis was horrible I think I was the word you used, and by the way I was hoping to get drew bloom on the program this morning. He is tied up today unable to join us, but I talked with him at length yesterday afternoon. I listened to his testimony. I believe. It was last Thursday in your committee. Senator Sears and. And and he you know He. He has a definite. Definite point of view here, one of the one of the interesting aspects of this of course. Is that there? where he comes from representing state employees, he was actually there from what I. Understand is a as a witness for the Vermont state employees. Association State Workers Union and and and it took this stance against the legislation. Banning Choke holds obviously quite controversial. There are many union members who favor a such legislation and. I?.

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