Investigation Into
Courthouse Dispute
Is Released
By Cornelia Cesari

A State Police investigator heard dramatically different accounts of a confrontation between Orange County officials when he was called to the venerable Chelsea courthouse the day after Christmas.

Sgt. Det. Cooper of the St. Albans barracks was responding to a criminal complaint filed by Orange County Side Judge Prudence Pease against Orange County Clerk Emily Newman and her deputy, Lisa Eastman. The complaint—alleging assault and wrongful imprisonment—stemmed from a confrontation in Judge Pease’s office Dec. 20.

After investigation by the State Police, the case was referred to the Vermont Attorney General’s office, which, as reported last week, declined to press charges.

This Tuesday, the AG’s office released the full investigation report to the Herald. Asst. Atty. Gen. John Treadwell stated that, while the file could be deemed exempt from the "Public Records Act" allowing access to public records, "as a matter of discretion we have determined that it is not in the public interest to assert such protections in this case."

The complete file reveals significant inconsistencies between the account given by Judge Prudence Pease and the testimony of other courthouse personnel.

Deputy Superior Court Clerk Lisa Eastman and Newman went to the Orange County Sheriff’s Department immediately after the Dec. 20 dispute and separately gave written statements. Statements were also taken from Darlene Moran and deputy sheriff George Contois, who was the court officer at the time.

Pease declined to give an immediate statement to the Sheriff’s Department, despite Contois’s recommendation, but she had prepared a "nine-page typed statement" when Sgt. Det. Cooper arrived Dec. 26 to conduct further interviews. At that time, he also interviewed Judge Theresa DiMauro, who heard the incident from her office.

His final report, detailing his investigation and citing written statements and interviews, concludes that there "is not enough evidence to indicate that this contact [between the hands of Judge Pease and superior court clerk Emily Newman] was anything more than unintentional and there was no intent to cause harm."

Not in Dispute

Certain details are not in dispute, according to the investigation report. All parties agree that Eastman delivered some files to Pease’s office. While there, she was told that she would not be allowed to work 40 hours a week, and would therefore lose her benefits.

DiMauro, whose office is about 12 feet away, reports hearing Lisa say, "Don’t involve me in this; don’t do this to me!" Eastman left the office, visibly upset, told DiMauro what had happened, and went to Newman’s home (where she was on vacation).

All accounts agree further that Newman called Pease’s office to ask her why she had withdrawn Eastman’s benefits; Pease hung up the phone without a word.

Newman and Eastman then went back to the courthouse to talk with Pease.

Differing Accounts

Here, the accounts differ. Here are Newman’s and Eastman’s accounts, basically supported by Judge DiMauro’s, as far as what she heard and witnessed.

Newman reports asking, "Why are you doing this with Lisa’s insurance? I want to talk to you reasonably about this." Pease did not want to talk to them. She picked up the phone to call security and have the clerks removed. Judge DiMauro reports hearing Pease say, "I want you to leave," to which Newman replied, "No, we came to talk about this."

Newman pushed the receiver button to hang up the line and asked to talk reasonably. Pease grabbed Newman’s hand. Eastman quotes Newman as saying, "Do not touch me. Don’t touch me."

According to Eastman, Judge Pease then told Emily Newman, "You touch my phone again and I will have you fired."

"I put the receiver [button] down," said Newman, "and she kept screaming at me and said she was going to fire me. She went to call again and I went to put the receiver [button] down again and she put her hand under mine and screamed that I struck her, and kept screaming that." Eastman estimated that Pease screamed, "You struck me!" ten or twelve times.

DiMauro describes Pease’s tone differently, according to Cooper’s report. She said it was "pretty loud but not in an excited state." She "didn’t hear any connection of flesh or anything. It was ‘an odd declaratory statement.’" She heard Newman say, "I did not, I did not strike you," and then heard Eastman join in, "She didn’t strike you; she was going for the phone."

Newman left the room as Pease called for security. When Contois came upstairs, Pease stated, "I was just assaulted," to which both clerks protested that Newman did not strike Pease.

Pease’s Account

Judge Pease’s detailed statement paints a different picture. She describes the clerk’s approach to her office as "loud foot steps, almost stomping." Both Eastman and Newman were angry and threatening, speaking in loud tones with many expletives. Judge DiMauro, however, reported that she did not hear any swearing during the exchange in Pease’s office.

Pease says she "retreated back around the side of my desk, to put the desk between myself and Emily (Newman)." She describes how Eastman closed the door, then "backed up and placed her body against the door, placing her hand on the door latch, blocking my exit and said, ‘Sit down!’"

Detective Cooper asked Deputy Clerk Eastman if Pease was free to leave the room; Eastman "advised Judge Pease never asked to leave the room, but wanted them to leave"; furthermore, the door was open, she said.

Pease’s own reaction, she wrote, was one of shaking severely and feeling very afraid. She alleged Newman "made a grab for me with her right hand, I jumped back and she missed me."

The Red Mark

Finally, Pease says, "Emily reached across Judge Brown’s desk and slapped my arm directly above the wrist bone. The slap made a loud ‘crack,’ my arm stung and burned … The blow knocked the phone from my hand and it fell to the desk."

When Contois approached Pease’s office, he says, she pointed out a red mark on her left forearm and "then began to cry openly."

During the investigation, Contois told Detective Cooper in detail the way in which Pease was gripping her left arm with her right hand.

"Judge Pease removed her hand and showed him (Contois) a red mark which he told me appeared to be caused from where she was holding down on it," Det. Cooper said. Contois then "went downstairs to get a statement form for her and when he returned the red mark was gone," the detective reported.

In her office, however, Eastman described Pease pointing to a red mark on her right arm, rather than her left, and recalled that she had seen Newman’s fingertips touch Pease’s knuckles, not the forearm area.

Other Witnesses

Court employee Darlene Moran, who was downstairs, simply reported receiving a call from Pease asking her to send Contois upstairs immediately. She heard Pease say, "You did too; look, you left a red mark." She heard Emily respond, "I did not."

Moran advised Contois that she thought it was getting physical and he responded immediately.

According to Contois, he locked the front door and proceeded upstairs. Eastman volunteered that Newman had not struck Pease, Pease protested, and then Contois advised the three women to separate and each write a statement.