Pressure Points
A family lawsuit and pending legislation turn up the heat in Woodward investigation.
By Chris Kanaracus
Published 01/24/02
"In cases like these, things can tend to get swept under the rug," said Stephen Monroe Tomczak in a recent conversation with the Advocate. Tomczak was referring to the ongoing investigation by state officials into the death of his friend, Bellows Falls, Vt., resident Robert Woodward, who was shot to death on Dec. 2 by two Brattleboro police officers.
But given the events of the past week, it seems less and less likely that that will happen. On Jan. 21, Woodward's parents sued the town of Brattleboro and the officers involved. On Jan. 20, nearly 200 Brattleboro residents attended a public forum about the shooting, at which they grilled town officials, including acting police Chief John Martin.
And on Jan. 19, after mounting pressure from Woodward's supporters, Windham County State's Attorney Dan Davis removed himself from the investigation into Woodward's death. As reported in the Advocate on Dec. 20, many people have alleged that Davis' relationships with the Brattleboro police constituted a conflict of interest. As a public prosecutor, Davis depends on police testimony to make his cases; in December, Windham County District Court Manager Ann Patterson told the Advocate that Brattleboro police officers were involved in about 100 pending cases.
On the morning of Dec. 2, Woodward had entered All Souls Unitarian Church in Brattleboro in an agitated state, asking for "asylum" and claiming to the congregation that the CIA and other government officials were after him. When church members began to leave, Woodward drew a small knife and threatened to harm himself. Three police officers soon arrived, having been called by churchgoers. After events that remain in dispute, officers Marshall Holbrook and Terrance Parker opened fire, hitting Woodward at least six times.
At a Jan. 21 press conference announcing the lawsuit, Woodward's parents said their legal action was prompted by the lack of information about the shooting given them by investigators. "This [suit] is the only way we can get some answers," said Woodward's father, Paul Woodward of Bozrah, Conn. The only information given the family so far, Paul Woodward said, was on Dec. 7, when Davis and state police investigators visited the family in Connecticut to discuss the results of their son's autopsy. That autopsy revealed one bullet had hit Robert Woodward in the back.
Since Dec. 13, Vermont Attorney General William Sorrell, whose office has jurisdiction over the case, has suspended any official comment.
"The state's refusal to cooperate with the family leaves us no choice but to file suit. Now we will subpoena police and autopsy reports so that the family can learn what happened to Woody, and help identify ways to train police officers so something like this will never happen again," said family attorney Joel Faxon, of Bridgeport, Conn.
In addition to the officers involved in the shooting, the complaint filed Jan. 22 in Windham County Superior Court charges that the town of Brattleboro is also liable, due to the lack of proper training given to the officers. The suit calls for unspecified punitive and compensatory damages.
Along with the suit, said co-counsel Thomas Costello of Brattleboro, the family is calling on Vermont Gov. Howard Dean to appoint both an independent counsel to oversee the investigation being conducted by the Vermont State Police and a grand jury to examine whatever evidence is collected.
Buttressing this effort is pending legislation filed by Windham County state Reps. Michael Obuchowski (D-Rockingham) and Steve Darrow (D-Dummerston), which would require the attorney general to appoint a state's attorney from a different county to investigate "when a person is killed through the use of deadly force by a law enforcement officer." The bill would also require that a civilian review commission be appointed to conduct an independent investigation in such cases.
Costello called a Dec. 3 statement released by the State Police a "knee-jerk reaction." The statement said, in part, that the officers "discharged their service pistols when they believed their safety and members of the congregation's safety was threatened." Many eyewitnesses of the shooting have said Woodward posed no threat to anyone but himself.
In addition, a number of Brattleboro residents are calling for a town civilian review board as a means to create a bridge between the police and the public. According to Paul Berch, a Brattleboro public defender who has participated in talks about a board, this effort is largely being undertaken by people who didn't personally know Woodward. "There's a significant portion of the community that doesn't feel this is a full, fair, open investigation," Berch said.
Also, a number of Woodward's friends have created a group dubbed Justice for Woody. Shutesbury resident Paul Borneo, a member of the group, said Justice for Woody will take its cause directly to Vermont legislators and officials.
Given Davis' departure from the case, though, one of Justice for Woody's goals has already been achieved. Borneo said the group will meet soon to firm up its future plans.
In the meantime, Borneo and others have compiled a list of 17 questions about Woodward's death that they hope an independent inquiry can answer. Among the group's queries: Why did the police resort to lethal means to subdue Woodward, rather than use pepper spray, tasers, a body tackle or even a shot to an extremity? Why were the officers who shot Woodward returned to duty before any investigation was completed?
Ultimately, said Borneo, the group is calling for the public release of any evidence gathered by police so far, including witness testimony, 911 and police radio tapes and autopsy results. Radio transmissions, in particular, could be key to illuminating what happened. In December, Martin told the Advocate that the recordings held "indisputable evidence" that would exonerate the officers.
On Jan. 21, Sorrell told the Associated Press that any official finding on the case would not come until late February, at the earliest.
It's unlikely that will be soon enough for many, especially Woodward's family. At the Jan. 21 press conference, as some in the audience sobbed, Paul Woodward said, "This has broken the heart of our family. ... We are deeply grieved, and we need to find some justice."
Chris Kanaracus can be reached at ckanaracus@newmassmedia.com
