Governor Orders Police to Circumvent County Prosecutor
MONTPELIER, Vt. — In a move senior aides said may be without precedent, Vermont Governor Jim Douglas ordered state law enforcement officers Wednesday to redirect marijuana cases away from Windsor County State's Attorney, Robert Sand.
Sand is under fire for his decision to allow 61-year old Martha Davis to enter "court diversion". The program allows first-time offenders to admit their crime but avoid jail time despite the fact that Davis was caught with dozens of marijuana plants growing on her property and 2.5 pounds of processed marijuana in her home.
"This is not a small amount. It's a very substantial amount," Douglas said, adding no other county's prosecutor agreed with Sand's handling of the case. Vermont Attorney General William Sorrell has said Sand's decision "doesn't pass the smell test."
The governor's order directs the Vermont State Police, Fish and Wildlife and DMV officers to refer significant pot cases to the U.S. Attorney or the Attorney General for prosecution, rather than to Sand. The order has no legal effect on local police agencies in Windsor County.
"We have to make sure our drug laws are taken seriously and I think this step will ensure that in all counties of this state, they are," the governor said.
But Sand is standing firm, telling NewsChannel Five's Stewart Ledbetter, "If cases of interpersonal violence go to (court) diversion, why shouldn't a case of possession of marijuana for a woman with no prior criminal history?"
Sand said, "It's troublesome to me that as a result of a decision in one case the governor is seeking to redirect law enforcement energies."
Sand has long been an outspoken critic of the nation's drug policy. "I continue to believe that marijuana makes us crazy. Not from its use but from how we respond to it."
"I don't control the police, and can't prevent the governor from whatever directive he wants," the three-term prosecutor added. "All I can do is promise the people of Windsor County I have their interest and safety in mind. Our approach to illegal drugs is not working at an optimal level and the governor needs to confront that reality."
Douglas said that debate is appropriate, but belongs in the state Legislature. | 
