Windham County Sheriff's Department
~ Breaking News ~

By PATRICK J. CROWLEY, Reformer Staff
Brattleboro Reformer

A total of 298 participants were stopped by members of the Windham County Sheriff's Department as they gathered at their starting point at the Townshend Dam on Aug. 4, 2004. At the time, deputies told the participants they needed state-approved tires, goggles, helmets, directional lights and license plates to ride on Vermont highways.

The club's lawsuit alleges that the bikers were lied to about those Vermont requirements.

After the cancellation of the event, the Vermont Attorney General's office started an investigation into the handling of the situation and concluded that although the actions of the Selectboard and sheriff's department improperly halted the event, no criminal misconduct was discovered.

The motorcycle club's suit is targeting then-Sheriff Sheila Prue and the sheriff's department, the town of Jamaica and its Selectboard.

A motion requesting class status was denied in January after Judge J. Garvan Murtha said the lawyer for the Pathfinders Motorcycle Club of Connecticut failed to provide documentation along with the motion showing he was qualified enough to handle the class action suit.

William Palmieri, the club's attorney, then filed a motion for reconsideration along with paperwork showing his qualifications. Murtha granted that reconsideration on Wednesday, therefore granting the class-action status.

"What this means is justice for my clients," said Palmieri on Wednesday.

The class will now be able to include every person that signed up for the Red Fox Turkey Run motorcycle ride in 2004.

A hearing is scheduled for May 3 for both parties to argue a motion for summary judgment.

Up until this point, much of the case has been moving through paperwork. The case has seen 54 entries into the court record, so Palmieri said he is looking forward to oral argument.

"We've turned the corner from paperwork to action," he said.

Murtha's recent ruling addressed the experience of Palmieri.

"Attorney Palmieri is an experienced civil rights attorney who has handled numerous cases at the trial and appellate court levels. Based on this additional information, the court finds he is sufficiently experienced and qualified to serve as class counsel in this litigation," Murtha wrote in the ruling.

Palmieri said he was looking forward to fighting the case.

"I feel that I can make some very positive advances for the causes of motorcycling and for the cause of all the constitutional rights underlying this case," he said.

Also in the ruling, Murtha said the plaintiff's proposed class representative, William DiFrancesco, does indeed share the same interest and injury as the others of the class.

"Mr. DiFrancesco's alleged injuries typify those of the rest of the proposed class," Murtha wrote in the ruling.

Neither DiFrancesco nor the defendants' attorney, Jeffrey Marlin, could be reached for comment before press time.

Patrick J. Crowley can be reached at pcrowley@reformer.com, or 802-254-2311, ext. 277.