[B]ENNINGTON — For almost a decade Christine Rainville was Erica Marthage’s deputy at the state’s attorney’s office here. Now the two are locked in a fierce contest to be county’s top prosecutor.
Both were part of a criminal justice system in Bennington that is responsible for the highest incarceration rate in the state — about 1 percent of the county population is in prison — and reputation for being too tough on crime.
Rainville, the former deputy state’s attorney in Bennington, is running as an Independent against her former boss, incumbent Marthage.
Both candidates have attracted sharp criticism. Some lawyers and advocacy groups say Rainville, 56, is “divisive” and “inflammatory,” while Marthage, 48, who has the endorsement some of the state’s leading criminal justice figures, is accused by some of being harsh and inflexible.
The campaign has become a “shouting match” between the two candidates, said Sen. Dick Sears, D-Bennington, who chairs the Senate Judiciary Committee.
Rainville, who was deputy state’s attorney for almost nine years, was fired by Marthage in 2015. Rainville said she was fired because, as a witness to a 2015 DUI case, she disclosed a judge’s opinion about questionable testimony she gave during a separate case years ago.
Marthage declined to be interviewed for this story but responded to questions in a series of emails. She would not say why Rainville was terminated, citing personnel reasons. “It is forbidden by Vermont law,” Marthage said.
Rainville said Marthage, who has been in office since 2006, created a “chaotic” environment and fired employees without reason.
Rainville said 22 employees have left the office during Marthage’s 12-year tenure — at least half of them were fired, she said. Marthage denies those claims.
“Unfortunately, Ms. Rainville has made a number of false claims during her campaign, and I think her lack of truthfulness is a significant problem for her, reinforcing the idea that her actions are those of a disgruntled former employee,” Marthage said.
Defender General Matt Valerio and several defense attorneys in Bennington were critical of both candidates. Valerio said Marthage hasn’t kept pace with modern practices involving restorative justice.
Valerio said there’s a certain way of thinking in Bennington — “if someone does something bad, lock them up,” he said.
“It’s way out of whack, but people keep electing them,” Valerio said. “At this point, I think it’s something cultural to Bennington County.”
Meanwhile, lawyers say Rainville has a tendency to rely on her intuition instead of facts when it comes to clients.
David Silver, a lawyer in Bennington, said he wouldn’t otherwise comment but said he believes strongly Rainville “would be a disaster as a state’s attorney.”
Silver has been in private practice for 30 years and estimates he’s dealt with Rainville in 50 cases.
“The most important qualities for a state’s attorney are judgement and integrity,” he said. “I feel she is woefully lacking in both those areas.”
About a half dozen defense attorneys with extensive case histories in Bennington either declined to comment or refused to speak on the record about Marthage, often citing fear of retaliation as they expected her to stay in office.
Rainville said local attorneys don’t like her because she’s tough in court.
“I don’t roll over for defense lawyers—that’s true,” Rainville said. “The job of the state’s attorney is not to make life easy for defense lawyers.”
A couple of the defense attorneys also complained that Rainville acts more like a victim’s advocate than an attorney in her cases.
Rainville said she sympathizes with victims who are misunderstood because several members of her family have autism. She added that she learned about compassion from her father, who was abandoned by his family at a Catholic orphanage in Los Angeles at age 3.
Rainville’s ethics have also been called into question.
In 2011, Judge Paul Diamond of the U.S. District Court for the Eastern District of Pennsylvania was critical of testimony Rainville provided in 2010 for a client she represented on a pro bono basis in 2000.
The judge said “significant portions” of Rainville’s testimony were “not credible.”
However, Vermont Disciplinary Counsel Beth DeBernardi’s review of the case in 2013 “did not find clear and convincing evidence of a lack of diligence.”
“He was abused—sexually, physically and emotionally at the orphanage,” Rainville said.
Rainville’s father, Dewey Rainville, ran away when he was 7 and supported himself working two jobs while living on a beach in Santa Monica, California, Rainville said.
“I grew up knowing people could do horrible things to children,” Rainville said.
Rainville’s father, who died in 2014, overcame his traumatic childhood and became a leader in the plastics industry, creating more than 15 patents.
“He taught me countless important life lessons about childhood trauma, poverty and hunger,” Rainville said. “From a very young age, I had a sense of injustice versus justice and I wanted to do something to make the world a better place.”
Rainville has been practicing since 1988. Though her work’s been criticized, it’s also received accolades.
In 1999, Rainville received an award from the American Bar Association for her pro-bono work involving a woman in Pennsylvania who was accused of murder.
On Jan. 27, 2014, Rainville triggered Vermont’s first AMBER alert for a missing 12-year-old boy who disappeared in Sunderland.
“I have such respect for Christina,” said Sharon Elstein, a retired research director for the ABA’s Center for Children and the Law.
Elstein said she met Rainville in 2008. Elstein came to Bennington to evaluate how the state’s attorney’s office was using grant money it had received. Elstein was immediately impressed with Rainville, she said.
“She’s brilliant,” Elstein said. “She thinks outside the box.”
Rainville later spoke at conferences organized by the children’s law center and became a voice for the most vulnerable, including children with disabilities and those who had been sexually abused.
Rainville is focusing her campaign on opioid addiction. She said she would establish a drug court—something several say has long been needed in Bennington and something Marthage openly opposes.
“Our community has other pressing needs,” Marthage said.
Marthage explained resources should instead go to strengthening education and prevention efforts and making treatment more easily available.
A group who is dissatisfied with both candidates has launched a campaign in support of Arnold Gottlieb, another candidate who dropped out of the election following the Aug. 14 primary. Gottlieb ran as a Democrat and lost by about 500 votes to Marthage.
“Trying to run against two other candidates was an uphill battle,” said Gottlieb, who had little name recognition going into the primary.
Ever since dropping out, Gottlieb has been getting calls from his supporters, he said.
As he took down his lawn signs, a group has been putting them back up. About two weeks ago, a group of five people from Vermont Rights & Democracy raised about $420 to purchase 50 lawn signs for Gottlieb.
“We explained we needed him,” said Mary Gerisch, who leads the group. “That office has developed a culture of convictions and not being open to new ideas.”
Gottlieb, 66, has been in private practice since 1978. He moved to Vermont from Ohio four years ago.
“I’m very flattered,” he said of the group’s efforts.
Gottlieb’s name still appears on the Nov. 6 ballot as an Independent. He said he would take the position if elected, but Gottlieb says his chances of winning are low.
Several predicted Marthage, who appears on both the Democratic and Republican ballots, had the backing she needed to win. If elected, this would be Marthage’s fourth term in office.
Marthage has been endorsed by Attorney General T.J. Donovan and Sen. Sears of Bennington. Both of them said Marthage has made improvements in Bennington, with more lower level crimes going to court diversion programs.
“Erica has evolved, and now seeks to balance the underlying causes of criminality while maintaining the public safety,” Donovan said his endorsement letter.
“I know there’s a lot of people who don’t think Erica has done enough,” said Sears, but he, like Donovan, endorsed her because of the improvements he’s seen in Bennington.
But, Rainville says the Marthage era is over.
Rainville lives in Chester now and has worked in private practice as a defense attorney for Ellis, Boxer & Blake in Springfield since 2016. She knocks on doors in Bennington every weekend to talk with voters. Support, she said, has been in her favor.
“I’m planning on getting elected,” Rainville said.
