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Vermont Fugitive Seeks Help, and FBA Responds

By Kimberly Feliciano

It was a fateful day on Jan 31st when the Fourth Branch of America (FBA- publishers of The Informed Constituent), met Mary Ellen Gottlieb (MEG) on Union College campus in Schenectady. MEG arrived at their info table on her way to contact particular college professors she hoped could help her find legal help.

Mary Ellen Gottlieb with FBA founder Kimberly Feliciano.

After seeing their newspaper, and learning of the organization’s purpose to connect people to their government and community, and their focus on covering all sides of a story, she told the Felicianos part of her distressful tale, admitting she just escaped from Vermont State Hospital where she believed she was wrongfully held, fleeing desperately to NY with the aim of finding an attorney to adequately represent her.

The Felicianos parted ways with MEG that day with the intention of meeting her again to record her story, put her in touch with legal resources, and help her get an independent psychiatric evaluation. They also discussed potential employment opportunities, as she expressed a great deal of interest in helping the FBA with their sales and fundraising efforts.

Both Ray and Kimberly Feliciano have a psychology background, including experience with mentally ill people. MEG definitely did not fit the profile for psychosis, nor did she display symptoms of bipolar/manic disorder with tendencies of violence. Given her situation, she was obviously and understandably under a lot of stress. “I’m scared for my life,” she said.

The Felicianos kept an open mind to the possibility that this woman’s plausible story was legitimate, or at least should be verified. As it turned out, a VT lawyer recently confirmed that MEG’s story “checks out perfectly”, but will not get involved in this case “because everybody knows everybody in Vermont, and this case needs to be out of this state.”

Two days after their initial meeting, MEG called the Felicianos from a hotel near SUNY Albany. Ray Feliciano picked her up on the way to a political meeting, and the Felicianos decided to have her stay overnight in their home to help her save money. They had the chance to record a detailed account of her story, and prepared to call their lawyers the next day (for their own sake as well). But, before they were able to get in touch with their attorneys, the Vermont State Police called. Sgt. Matt Raymond, a Vermont State Trooper, told Mrs. Feliciano their phone was tapped and there was a “spotlight” on their home. Sgt. Raymond told Mrs. Feliciano, “She is dangerous and has felony charges against her. If you assist her in any way, I will be sure you receive the maximum punishment possible, and you will be extradited to Vermont jail.” Mrs. Feliciano asked Sgt. Raymond for a faxed copy of the felony charges. His response was an initial pause and then, “Why would you want that? I tell you what: You help me and I’ll help you.”

Because of the wire tap concern, Mr. Feliciano left to call their attorneys from a pay phone-Warren Redlich (member of FBA) and Lee Greenstein (who spoke with MEG and had an appointment scheduled with her the next day - [see his ad on opposing page] )

After the police stopped Mr. Feliciano on the road, they went to his home. A crowd of Albany County and Bethlehem police then pressured Mrs. Feliciano to allow them in to search for the ‘fugitive with felony charges’.

According to Sgt. Brian Hughes of Bethlehem, “She might be innocent, but all that matters on our side is that we have orders from Vermont that she is wanted, and we have to comply with those orders.”

After much delay and telling them, “I am just not comfortable with you coming in without a warrant,” Mrs. Feliciano gave in, allowing them to search for the ‘fugitive’, who hid under a bed in their basement.

The police did not find her under the bed, which was surrounded by bundles of newspapers. As MEG put it, “It was a miracle. I was protected in the palm of God.”

MEG stayed one more night with the Felicianos. The next day they got in touch with Lee Greenstein. Fearing they would be charged for ‘aiding and abetting a felon’, they followed Greenstein’s counsel-talked MEG into turning herself in to Bethlehem police. Greenstein spent the afternoon speaking with authorities, keeping them at bay, and the Felicianos out of trouble.

The Felicianos and MEG herself appreciate the non-intimidating, kind manner in which Sgt. Brian Hughes dealt with Mary Ellen. Hughes patiently waited while MEG completed her recorded statement to FBA, even adding that MEG did not appear insane to him.

That night at City Court of Bethlehem, Judge Frank P. Milano ordered MEG to Albany County jail, temporarily, and according to a copy of the Securing Order, gave special instructions for a “local mental health referral” before admittance-but according to MEG, she was sent directly to the jail and never received the psychiatric evaluation Milano ordered.

After two weeks in Albany County Jail, during which time MEG says she was abused by other inmates, she was returned to Vermont State Hospital. She says she is fighting for her life again, hoping to find a lawyer before they get a court order to force medicate her with the anti-psychotic Geodon used for schizophrenia. Dr. Malloy tells MEG it is a mood stabilizer.

MEG pleads to anyone who will listen, “Please help me find a lawyer before they drug me and turn my mind to f*cking mush!” The hospital has recently lost its certification for the second time due to recent suicides, escapees, and a history of problems. VT Governor Douglas is planning to shut it down by end of decade.

The FBA continues investigation. As it turns out, according to a Vermont State Attorney, Brian Marthage, “Charges were dismissed without prejudice. No felony charges are on file.”

The Informed Constituent visited MEG on February 25^th to help her with personal business, including a release for a tape of evidence MEG gave the Bennington Co. States Attorney’s Office. The tape supposedly has a recording of Manchester Chief of Police, Manfred Wessner, walking into MEG’s home without permission or warrant, threatening and cursing at her. The tape has been mailed to The Informed Constituent. If nothing is erased, it is a key piece that may prove her innocence. But the biggest piece of the puzzle is this: A lawyer to accept her retainer and adequately represent her case.

The next day, Saturday, the FBA was banned from visiting MEG, even though she had signed releases for the staff and treatment team to communicate openly with the Felicianos. It was hours until they were finally able to get in touch with the Medical Director, Dr. Simpatico, who told Mrs. Feliciano that not only is the hospital concerned about MEG's safety (the hospital was concerned the Feliciano were exploiting MEG--she paid them for their travel expenses), but that he also heard that they took a camera and a knife onto MEG's floor the day before.

This is how the FBA perceived the series of events: The FBA found that apparently anyone can just walk right into this hospital and gain access. The Felicianos walked straight through the front door of Admissions, asked to visit MEG, and were given detailed directions on how to navigate through the hallways to the second floor. No signing in was requested, nor any visitor badges provided. Upon receiving the Felicianos on the second floor outside of MEG's hall, they went through a sort of security-- they signed in, and were asked to put their camera and sharp belongings, such as keys, in a locker. Mr. Feliciano handed over his Swiss-Army pocket knive to be stored away, and joked that it would probably be good not to bring it in. The only belongings taken inside were a pen and clipboard for notes.

Once inside, they were directed to a small visitation room. Less than a minute after sitting down to speak with MEG, a crowd of staff surrounded the room and they were told to leave. What apparently happened is the Admissions receptionist called the staff to warn them that the Press had just walked through the door (and had given her a newspaper). After waiting in the lobby another hour for the hospital to clear our visit, we were led back down the hall to a first floor Activities Room. At that time, two attendants asked us to surrender any forbidden items ("contraband"), and we happily obliged, turning in Kimberly's purse, our camera, keys, and the pocket-knife. These were then held by one of the hospital staff for the duration of our meeting with MEG. It has now been alleged by the hospital that the FBA intentionally tried to sneak this contraband into the hospital, and that is the basis for them denying the FBA further visitation access to Mary Ellen.

The FBA and the Felicianos have nothing to hide. After Dr. Simpatico told Mrs. Feliciano of the allegations and that they would be discussing the issue with their legal department before allowing them future visits, the Felicianos provided the administration with copies of their paper and a reference letter from their New York Assemblyman, Jack McEneny, who applauds the FBA and the objectivity of The Informed Constituent. That same day, Mrs. Feliciano also spoke with Vermont State Representative Anne Donahue hoping she could help influence the hospital to allow their visit. This was nothing new to Donahue who said, "Dr. Simpatico will say whatever he can. That hospital should have been shut down a long time ago." Donahue also edits a quarterly newsletter, Counterpoint, published by Vermont Psychiatric Survivors, Inc., a 'voice' for current and former mental health patients, their families, and others interested in mental health issues.

Mary Ellen Gottlieb’s Story

"I'm currently a patient at Vermont State Hospital, a mental health facility. The family court decided to help me. I certainly needed help, but not like this. My openly gay roommate battered me on October 10, 2004. I expected the Manchester police to do their jobs and enforce the judge's terms and conditions for my attacker's release from jail-that my attacker have no contact with me, including 3rd parties." (FBA has a faxed copy of the order to confirm this.)

The FBA visited Mary Ellen at the Vermont State Hospital in Waterbury, VT. - Photos: Ray Feliciano

“I repeatedly asked for help to protect me from my attacker’s friends. After getting an Order or Relief of Abuse, they insisted they still could not help. My attacker’s friends harassed me over and over, ordering employees to bother me. The police said they were getting legal counsel from the attacker’s lawyer, James Malady III. The police blatantly disregarded all the judge’s orders for my protection.”

“They prompted me to leave town, and when I did not, they falsely accused me of arson, a local fire I had nothing to do with. Chief of Police, Manfred Wessner, entered my home without a warrant, and threatened me with prosecution.”

“Chief Wessner even went to my neighbors and family in Florida looking for a way to smear my name and discredit me. He tricked my 80-year-old mother who has Alzheimer’s disease into thinking he was concerned about my welfare, never telling her I had been attacked, and that I complained to the Bennington Co. Assistant State’s Attorney and the Vermont State Police about his conduct. After talking with her they decided I am an unreliable witness, and they dropped the charges against my attacker.”

“Eventually I was arrested for the 1^st time in my life, handcuffed and shackled for 15 hours at Manchester police station, then thrown into a mental hospital, also for the 1^st time in my life.”

“I was supposed to be held for observation no more than 72 hours. But I did not know this, because my lawyer never called me back, nor would he discuss with me the questions he would be asking the state’s witnesses at my hearing.”

“A dear friend of mine, a 30-year veteran of the Tampa Police Dept, flew up for the hearing as a character witness. But my legal aid attorney, John McCullough, refused to call on him. In fact, Mr. McCullough told me at our first meeting that he helped other clients to be discharged from Vermont State Hospital, but that he would not help me. He lost the case. Later I found out that I’m not the only client to complain about John McCullough. As a Tampa police officer said, ‘And they talk about Southern justice!’”

“I intend to sue the Manchester and Vermont State Police. The only people who have helped me are this newspaper (TIC) and the Vermont Psychiatric Survivors. I will do everything in my power to help other women who have mistakenly trusted the authorities in Vermont when they were attacked.”

[To help Mary Ellen Gottlieb, call the FBA at (518) 475-0303]

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