Negligence is the issue

June 22,2016

Rutland Herald

Does it matter whether Craig Mosher is a recreational “pet” owner or a farmer? The legal issue and the important moral issue of negligence is what is really in question in this case. Why did Mr. Mosher’s bull roam freely so many times prior to the tragic night when its presence on Route 4 resulted in the death of an innocent traveler? Why did Mr. Mosher go back to bed on that tragic night when he had been alerted to his bull’s presence along the roadway? 

Maybe there are reasonable answers to these questions, maybe not. Some members of our community seem to forget that the grand jury decided that there is sufficient evidence of negligence to bring the case to trial. But for Vito Rasenas in yesterday’s “Responsibility of the driver” to imply that Mr. Bellis was in any way responsible for the accident is repugnant. On behalf of many — and I hope most of the people in Rutland, I would like to express our heartfelt sorrow to Mrs. Bellis for her continued suffering as this case unfolds.

RACHEL ALEXANDER

Thank you Rachel Alexander for confirming what I’ve been trying to convey, that it doesn’t matter whether Craig Mosher is a “pet owner” or a farmer. Kathryn Bellis and her lawyer Jerry O’Neil have repeatedly publicly stated that Mosher is an excavator not a farmer inferring he is somehow more culpable than a farmer would be in a situation where livestock got loose and caused an accident. I agree with Ms. Alexander it doesn’t matter. She points out the troubling “evidence” of  Mosher’s behavior the night of the accident. Yet we have not heard his side of the story. 

I do not why Ms. Alexander feels the need to vilify my wondering if there was not some culpability for the accident on the part of the Bellises. Why are the questions I posed, "was [the driver]distracted, tired..., or because of his age, 62, somewhat night blind?” repugnant. Why is wanting to know the whole story repugnant? Is the American Medical Association  stating that older drivers are a “public health issue because of age-related declines in vision, cognition and motor function” which makes them more  "vulnerable to crashes in complex situations that require good visual perception, attention and rapid response.” repugnant? I think not. 

What I think is repugnant is Ms. Alexander’s ad hominen broadside at me for asking these difficult questions.  

As I stated in my previous letter, I sympathize with Ms. Bellis’ loss. Her statement to the Killington Select Board last night was at times heart wrenching as she related how her idyllic Shangri-la-esque life was shattered. But now a man’s future and the future of all animal owners is at stake. These questions must be asked and answered no matter that Ms. Alexander and her ilk think it “repugnant”.

Vito Rasenas

Responsibility of the driver

Rutland Herald

6/17/2016

In response to “A fatal encounter”:

Ms. Bellis certainly has my sympathy for the loss of her husband. As she stated, not only did she lose her husband but also her best friend.

But I question her characterization of Craig Mosher as the some sort of misanthrope who orchestrated this unfortunate tragedy. He is not Satan or Beelzebub. We have not yet heard his side of the story. Statements like “My personal tragedy is about an irresponsible pet owner who repeatedly chose to avoid taking the steps needed to prevent his pet bull from being out on Route 4” show a disconnect between Ms. Bellis’ personal need for another pound of Mosher’s flesh and the ramifications of this prosecution to livestock and animal owners of any stripe, whether they be farmers or pet owners.

The law does not make that distinction when it applies liability to the animal’s owner. Ms. Bellis is trying to disclaim this vengeful prosecution as not having anything to do with farmers, yet this case will affect all farmers with livestock. It will affect their insurance rates, the cost of fencing, and has already created the fear of prosecution if their animal is involved in some malady as befell the Bellises.

I hesitate to bring up these unanswered-as-yet questions because I do not want to be seen as trying to blame the victim, but if the Bellis’ car was only traveling 35-40 mph on a major highway posted at 50 mph, why is it they couldn’t avoid an apparently stationary (“bull was standing”) object in the road? The road is plenty wide and while the bull was big, its not big enough to block half the road, never mind the whole road. Is it because the driver was distracted, tired at the end of a three-hour drive, or because of his age, 62, somewhat night blind?

An American Medical Association (AMA) statement notes that the large number of senior drivers is a public health issue, because of age-related declines in vision, cognition and motor function. I think Ms. Bellis should take a long and deep contemplation on the realities of the situation. While she may find vengeance in the law, because of our justice system, i.e. precedents and case law, millions of people will be affected. And maybe there are some personal accountability issues that should be reflected upon as well.

VITO RASENAS

Killington

A Fatal Encounter

Rutland Herald
June 15,2016

On July 31, 2015, at 10:10 p.m., an 1,800-pound pet bull was standing in the darkness of the westbound lane of Route 4 in Killington. What was the bull doing there?
According to a recently released State Police report, shortly before 10 p.m. that night, a milk truck driver had to lock up his brakes on Route 4 to avoid hitting this bull. The truck driver, who knew the bull’s owner, turned around, drove to the owner’s house, leaned on his air horn until the owner came to a window and told him about the loose bull in the road. When the owner did not come out, the truck driver drove farther down Route 4 until he had cell service to call the police. The truck driver called the police at 9:58 p.m. The owner of the bull at 10:37 p.m. told police that he looked for the bull on his property, not where the truck driver had told him to go on Route 4. The owner chose to go back to sleep rather than actually look for the bull, find the bull and effectively restrain the bull.
At approximately 10:10 p.m., my husband, Jon Michael Bellis, was killed when our Subaru, traveling at approximately 35-40 mph, crashed into this massive beast as it stood in the middle of our travel lane on Route 4.
Vermont State Police have verified that the bull was loose on or near Route 4 on May 19, June 20, June 23, July 26 and July 30. It was known that the bull liked apples on the other side of Route 4 at the Val Roc Motel. The State Police received a report of the bull in the road twice on the evening of July 31. They were minutes away, but at 10:13 p.m. it was too late. My husband was dead, and I was found sitting in the dark, surrounded by air bags, shattered glass and mangled metal.
My personal tragedy is about an irresponsible pet owner who repeatedly chose to avoid taking the steps needed to prevent his pet bull from being out on Route 4. This was a pet, not a farm animal. This crash and the resulting criminal case have everything to do with reckless conduct and gross negligence. My husband’s death is not related in any way to farming. The owner, who was not a farmer, was reckless and irresponsible in how he chose to allow his pet bull to be loose on Route 4. As a result, my wonderful husband and best friend of 40 years is now dead, and I am very lucky to be alive.
I am grateful to so many professionals who came to my assistance that night, in particular the Killington Rescue team, the State Police, the emergency room staff at Rutland Regional Medical Center and the Church of our Savior. I am also very grateful for the thorough investigation conducted by State Police and the serious diligence of the state’s attorney to protect the public.

Kathryn Barry Bellis is a resident of Woodbridge, Conn., and Killington.

Comment: Ms. Bellis certainly has my sympathy for the loss of her husband. As she stated not only did she lose her husband but also her best friend.
But I question her characterization of Craig Mosher as the some sort of misanthrope who orchestrated this unfortunate tragedy. He is not Satan or Beelzelbub. We have not yet heard his side of the story.   Statements like "My personal tragedy is about an irresponsible pet owner who repeatedly chose to avoid taking the steps needed to prevent his pet bull from being out on Route 4. This was a pet, not a farm animal. This crash and the resulting criminal case have everything to do with reckless conduct and gross negligence. My husband’s death is not related in any way to farming.", show a disconnect between Ms. Bellis' personal need for another pound of Mosher's flesh and the ramifications of this prosecution to livestock and animal owners of any stripe, whether they be farmers or pet owners. The law does not make that distinction when it applies liability to the animal's owner. Ms. Bellis is trying to disclaim this vengeful prosecution as not having anything to do with farmers yet this case will affect all farmers with livestock. It will affect their insurance rates, the cost of fencing, and has already created the fear of prosecution if their animal is involved in some malady as befell the Bellises.
I hesitate to bring up these unanswered as yet questions because I do not want to be seen as trying to blame the victim, but if the Bellis' car was only traveling 35-40 mph on a major highway posted at 50 mph, why is it they couldn't avoid an apparently stationary ("bull was standing") object in the road? The road is plenty wide and while the bull was big, its not big enough to block half the road never mind the whole road. Is it because the driver was distracted, tired at the end of a 3 hour drive, or because of his age, 62, somewhat night blind?
 "An American Medical Association (AMA) statement notes that the large number of senior drivers is a public health issue, because of age-related declines in vision, cognition and motor function.
According to the AMA, these factors make older drivers "vulnerable to crashes in complex situations that require good visual perception, attention and rapid response.""
I think Ms. Bellis should take a long and deep contemplation  on the realities of the situation. While she may find vengeance in the law, because of our justice system, i.e. precedents and case law, millions of people will be affected. And, maybe, just maybe, there are some personal accountability issues that should be reflected upon as well.

Vito

Killington mulls slogan change

Rutland Herald

By Lola Duffort

STAFF WRITER | June 13,2016

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KILLINGTON — The “Heart of the Green Mountains” could soon change.

With the town’s three welcome signs due for a resurfacing, Killington’s marketing and events department is polling residents and Killington/Pico Area Association members about changing the town’s slogan.

Town Manager Deborah Schwartz introduced the idea to the Select Board Tuesday, saying she’d run across the town’s slogan while researching the town before her appointment in March. While the slogan expressed a “pleasant sentiment,” Schwartz said, it might still be due for an update.

“It seems much more sedentary than (what) … Killington is aspiring to be as far as a four-season resort and year-round community,” she said.

Killington Marketing and Events Coordinator Amy Morrison told the board Schwartz’s timing had worked well, since the town was about to resurface all of its welcome signs.

“Especially with the World Cup coming in November, I think it’s very important to have our Welcome to Killington signs, you know, up to par and matching branding,” she said.

The town first adopted its current slogan in the 1990s after a community contest, Morrison said.

Select Board members approved Morrison’s suggestion to get community input with a two-week survey.

“There’s nothing wrong with ‘Heart of the Green Mountains’ — because we are the heart of the Green Mountains — but it doesn’t say anything about us or what we want to be,” Select Board Chairwoman Patty McGrath said.

A different slogan might be more likely to entice passing drivers to stop and take a look around, she said.

“I think it would be nice if we promoted ourselves more in that manner,” she said.

An online survey has gone out to residents via the town’s e-news service and the KPAA’s newsletter, and paper ballots are available at the town office and the Killington Welcome Center. The survey will close June 27.

It gives survey takers six options for slogans — the town’s current slogan, “Discover More,” “Something for Everyone,” “Discover the Heart of the Green Mountains,” “Elevate Your Experience,” “Your Adventure Starts Here” — and the chance to suggest their own.

lola.duffort

@rutlandherald.com

To Rose Kennedy: please drop the ridiculous charges against Mosher

Mountain Times 

June 10, 2016

Dear Editor,

It is very dismaying to see the charges State’s Attorney Rose Kennedy has filed against Craig Mosher. Kennedy, please drop these ridiculous charges. They are not only an undeserved and malicious attack on a very upstanding citizen, but an insult to every resident of this state. Others have covered, often eloquently, why Craig is the last person anyone should ever try to “make an example out of.” But even leaving that very important fact aside, the ramifications of charging an animal owner with a felony for escaped livestock or pet involved in an accident are far-reaching and seriously detrimental anyone in this state.

It is my understanding that Craig was in search of his bull at the time of the accident. Are we to punish an owner’s good faith effort, throwing the case in the same classification as a fatal DUI? Are we saying that an animal owner must only keep his animals securely tied inside a building (talk about animal cruelty)? That emergency services must be called every time an animal gets loose? That is not realistic and an expensive drain of time and energy on our emergency responders. Animals escape, and in my experience as a previous horse owner and current owner of dogs, a lot more often than we would like. Even with the best of efforts of their owners, animals can have a mind of their own. Typically tragic accidents like this don’t occur. Often because those owners, like Craig, are diligent about keeping fences in good repair and respond to loose animals not only because it’s the right thing to do, but because those animals are important to them.

These charges are a flat out slap in the face to not only Craig Mosher, but to every single farmer and pet owner in the state. If not dropped, they will have a very chilling effect on everything we cherish about life in this beautiful state. Do the right thing, and reconsider this folly.

Patty McGrath, Killington

- See more at: http://mountaintimes.info/to-rose-kennedy-please-drop-the-ridiculous-charges-against-mosher/#sthash.Sn7XiqFa.dpuf

Killington police recover stolen goods

Mountain Times

Dear Editor,

A few weeks ago I was the victim of theft as someone stole a large value of money and stuff from my car, which was parked at my house. In the weeks since I reported this to local officers Howard and Montgomery, they’ve been very proactive in tracking down the perpetrator that broke into my car. Last week I met with Office Howard who told me that they had retrieved all of my money that was stolen.

I want to recognize both officers for all of their hard work, commitment and motivation to keeping this close-knit community safe. The speed of their detective work was remarkable. I am thoroughly impressed and thought I would never see that money again.

Their dedication, intelligence and enthusiastic passion for public service shows. We are so fortunate to have these two officers, they bring great qualities to the town of Killington.  They turned a hard and difficult situation and a job that comes with extreme challenges from a bad to a positive outcome.

They wholeheartedly have my full support and, most importantly, they have earned my trust and utmost respect. Best,

Andrea Weymouth, Killington

- See more at: http://mountaintimes.info/killington-police-recover-stolen-goods/#sthash.ncsypIbo.dpuf

Killington Women’s Club Renamed

Vermont Standard

After 53 years, the Sherburne Women’sClubwasrenamed the Greater killington Women’s Clubat its recent annual meeting. This was decided to broaden the club’s membership reach to include surrounding towns as well as seasonal residents. The new name may also better welcome visiting tourists to participate in the club’s various fundraising events.

The town of killington was originally chartered in 1761 but the name was changed to Sherburne in 1800 and then reverted back to the killington name in 1999. The club was seeking to betteralign with the current name of the community as well as to capitalize on the marketing efforts and name recognition of the killington resort.

Members also voted at the meeting to approve disbursements to support the following local organizations which benefit the community including the killington Aquatic Club, killingtonElementary School (Sunny Day Fund), and killington Active Seniors. In addition, the two annual $1,000 awards were approved for killington/Pittsfield graduates of Woodstock Union High School.

The Greater killington Women’s Club is a charitable organization whose focus is providing supporting fundraising efforts and a socializing network to nurture our local community. For more info go to: swcvt.com.