[T]he Vermont Department of Public Safety in 2014 conducted an internal investigation into an attorney’s complaint about an alleged arrest of a state official in China.
The review, which consisted of a series of interviews, was narrow in scope and focused on one trip made by former Gov. Peter Shumlin, a Democrat. The investigation turned up nothing and then was closed.
Public Safety Commissioner Tom Anderson released a statement about the Internal Affairs Unit investigation Tuesday, responding to a claim by attorney Russell Barr last week that a state official was arrested in China for having sex with a minor.
Typically, IAU investigations are kept confidential. In an unusual move, Anderson released the complaint and the findings of the probe.
The Internal Affairs Unit looked at whether members of the Vermont State Police Executive Protection Unit were involved in or aware of an arrest during a September 2013 trip to China made by Shumlin, an entourage of other state officials and Jay Peak Resort representatives.
The complaint was filed by Brady Toensing, an attorney and vice chair of the Vermont Republican Party.
“I have been informed that a Vermont state employee was arrested while on an official state trip overseas,” the complaint says. “It is believed that this arrest took place during an official state trip to China from September 21, 2013 to September 29, 2013.”
Toensing writes that if there was an arrest of a state employee while on official state business, it should have been reported by the two-member state police security detail on that it. “It is believed, however, that no such report has been made,” he says.
Toensing said his complaint was not intended to focus only on the September 2013 trip, and that he expected the Internal Affairs Unit to pursue a broader probe into whether an arrest occurred during a several year period from 2012 to 2014 in which state officials took multiple trips overseas for the EB-5 program.
According to the DPS chief, Toensing’s complaint did not contain enough information to launch a criminal investigation.
“The Internal Affairs Unit does not investigate allegations of misconduct by non-sworn VSP employees,” the statement said. “With respect to a criminal investigation, Attorney Toensing’s complaint was vague, non-specific, based on his ‘beliefs,’ and did not allege any violations of Vermont law.”
Anderson took a swipe at Toensing’s rationale for the complaint, citing politics. Anderson’s boss, Gov. Phil Scott, is also a Republican.
“The Department of Public Safety and the Vermont State Police have a fundamental constitutional and ethical obligation not to launch criminal investigations of Vermont citizens based on rumor, innuendo, or which are solely politically or financially motivated.”
The internal investigation was conducted by Ingrid Jonas, who was director of the Internal Affairs Unit and had previously specialized in sex crimes and crimes against children. According to information provided by the Department of Public Safety, Jonas spoke with Toensing who did not provide the source of his information or additional details about the alleged incident. She also interviewed police officers who were on the 2013 trip and a non-police state employee.
“[Jonas] also determined that no member of the security unit was arrested during this trip nor did they have any information about any state employee being arrested or engaging in criminal conduct while on this trip,” the statement said. “Lieutenant Jonas also spoke with a non-DPS employee who was on this trip and that individual likewise provided no information substantiating Attorney Toensing’s complaint.”
Toensing said the commissioner should release all documents related to the investigation so that the public can judge its thoroughness and scope.
“For instance, my complaint indicated that I had ‘been informed an employee was arrested while on an official state trip overseas.’ My complaint was qualified as to the date of the trip and left open the possibility that the arrest could have taken place during one of the many other overseas trips involving state employees,” Toensing wrote in an email.
“Therefore, were employees who went on other overseas trips interviewed? Were witnesses asked about other trips? Was Governor Shumlin interviewed? If not, then why not?” he added.
The claims by Russell Barr were made in relation to his work representing foreign investors who lost money to a $200 million fraud carried out by developers of the Jay Peak ski resort. He claims that the state colluded in the fraud and is now seeking to cover up their involvement.
“We have solid information that an official from our regional center on Jay Peak business was arrested for a crime and then it was apparently covered up,” he said last week to a group of reporters following a hearing on the matter. Barr did not provide evidence supporting his claims, and has said he will offer more information next week as part of an amendment to the investor lawsuit.
Both Anderson, Gov. Phil Scott and Attorney General TJ Donovan have called on Barr to come forward with the evidence and indicated that they will not pursue a criminal investigation until he does.
Scott said his next step after asking Anderson to look into previous investigations was to see what Barr comes up with.
“I think what I’m looking forward to is maybe some more information,” Scott said at a press conference on Tuesday. “I know Russell Barr has said there’s information there that he’s going to be bringing forth. If there is credible evidence there, as I’m sure Commissioner Anderson will reiterate, we will move forward.”
Anderson released his statement about an hour after the governor made his comments.
Donovan said last week that the AG’s office twice responded to records requests, once in 2014 and again in November 2017, for information about the “arrest, detainment or holding of any state employee while traveling overseas in promotion of the Vermont Regional Center and its related projects.” He said there were no records from the commerce agency or the governor’s office that were responsive to the request.
Donovan declined to say last week whether he would try to compel Barr to hand over evidence.
