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YCQM: May 26, 2013 - WCAX.COM Local Vermont News, Weather and Sports-

YCQM: May 26, 2013

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BURLINGTON, Vt. -

>> GOOD MORNING, EVERY ONE, I'M DARREN PERRON, OUR NEWS MAKER IS VERMONT ATTORNEY GENERAL BILL SORE HE'LL. THANK YOU FOR BEING HERE.

>> GLAD TO BE HERE.

>> WE HAVE NEW LAWS THAT MAY BUT YOU IN A LEGAL FIGHT. LET'S GET TO NEWS THIS WEEK ABOUT THE MURDER OF THE GRANDMOTHER, FEDERAL COURT FILINGS SHOW THE STATE MAY NEVER FILE CHARGES AGAINST THE THREE SUSPECTS SAYING THERE'S NOT ENOUGH EVIDENCE. BUT THE AG BILL SORRELL SAYS IT MUST BE TAKEN CARE OF.

>> IT'S ON TOP OF THE LIST OF FRUSTRATING CASES.

>> INVESTIGATORS SAY THEY HAVE HAD THREE SUSPECTS SINCE SHORTLY AFTER THE GRANDMOTHER WAS FOUND MURDERED IN 2010. THE THREE OF CHEF SHEFFIELD HAVE BEEN ARRESTED. THE MOTIVE IS THAT SHE DISCOVERED A METH MAKING OPERATION NEXT DOOR TO HER HOME. THE MENTALLING MEN TELLING PROSECUTORS SHE WAS RAPED AND SHOT IN THE BACK OF THE HEAD.

>> A WONDERFUL WOMAN WHO MET AN UNFORTUNATE DEATH.

>> FEDERAL COURT FILINGS AGAINST FLETCHER IN A CHILD PORN OG PORNOGRAPHY CASE SHOWED THE OTHERS KNEW THINGS. FEDERAL PROSECUTORS HOPING FOR A TOUGH SENTENCE IN THE PORN CASE SAYS THE STATE DOES NOT PLAN TO CHARGE FLETCHER WITH MURDER BECAUSE THERE'S NOT ENOUGH EVIDENCE, FEDERAL PROSECUTORS WRITING IT IS EXPECTED THIS WILL BE THE COURT ADDRESSING FLETCHER.

>> I DIDN'T READ IT IN THERE.

>> WE SHOWED HIM THE FILINGS BUT HE DOESN'T AGREE.

>> THAT'S THE U.S. ATTORNEY AND, AGAIN, I REMAIN HOPEFUL THAT WE WILL GATHER ENOUGH EVIDENCE.

>> SO WHAT DO YOU NEED IN ORDER TO CHARGE THEM?

>> I'M NOT GOING TO GO INTO THAT, BUT, AGAIN, IF WE CHARGE SOMEONE AND DIDN'T HAVE ENOUGH EVIDENCE AND THE INJURY A QUITTED THAT PERSON, HE OR SHE COULD GO OUT ON THE COURSE HOUSE STEPS AND CONFESS AND THERE'S NOTHING WE COULD DO, THAT WOULD BE A DOUBLE TRAGEDY.

>> THE PILE OF DETAILS HAS SOME CLOSE TO OHAGEN FRUSTRATED THERE HAVE BEEN NO CHARGES BUT FORMER PROSECUTOR JERRY O'NEAL SAYS PROSECUTORS ARE RIGHT TO WAIT.

>> ONCE THOSE CHARGES GET WORKED THROUGH, ONE OR MORE OF THEM IS GOING TO COOPERATE AGAINST THE OTHERS AND THE STATE OR FEDERAL PROSECUTORS WILL HAVE WHAT THEY NEED TO BRING THE MURDER CHARGES.

>> SO THERE WE HAVE IT. THE FEDS SAY MURDER CHARGES UNLIKELY AGAINST FLETCHER. I THINK WHAT SURPRISED ME THE MOST WAS THAT YOU WERE UNAWARE THAT THE FEDS ARE CLAIMING THAT. IS THERE NO COLLABORATION ON THIS?

>> NO, WE HAVE ACTUALLY BEEN WORKING CLOSELY WITH THE FEDERAL AUTHORITIES AND MUCH APPRECIATE THE WORK THAT THEY ARE DOING IN THE CASE THAT IS COMING UP FOR SENTENCING. IT'S A CHILD PORNOGRAPHY CASE. I THINK IT'S THAT CONCLUSION THAT THERE WILL BE NO STATE MURDER CHARGES HERE AND, CLEARLY WE DON'T HAVE ENOUGH EVIDENCE IN OUR VIEW TO GO FORWARD AND MEET THE HEAVY BURDEN OF PROOF BEYOND A REASONABLE DOUBT RIGHT NOW. I REMAIN OPTIMISTIC THAT THIS CASE, WHICH IS A PRIORITY, CONTINUING TO BE INVESTIGATED, THAT WE WILL AT SOME POINT IN TIME IN THE FUTURE WILL HAVE ENOUGH EVIDENCE TO GO FORWARD. THAT'S WHAT I HOPE.

>> IS IT LOOKING LIKE THAT WILL BE THE CASE?

>> WE DON'T HAVE ENOUGH EVIDENCE TODAY IN OUR VIEW TO OBTAIN A CONVICTION, MEETING THE STANDARD OF PROOF BEYOND A REASONABLE DOUBT. WILL THERE BE FURTHER EVIDENCE THAT WILL BE FORTH COMING TOMORROW OR NEXT WEEK OR AFTER SOME OF THE PENDING CASES GET RESOLVED? I'M HOPEFUL EVENTUALLY THAT WE WILL GET THERE. I WANT TO SEE JUSTICE DONE FOR MRS. OHAGEN AND PEOPLE IN THAT COMMUNITY.

>> THERE'S NO STATUTE OF LIMITATION.

>> THERE IS NO STATUTE OF LIMITATION FOR MURDER. IT COULD BE A YEAR FROM TODAY, IT COULD BE 15 YEARS FROM TODAY, BUT WE ARE GOING TO DO OUR LEVEL BEST TO SEE THAT JUSTICE IS DONE.

>> AND HOW ACTIVE IS THIS INVESTIGATION? ARE FOLKS, YOU KNOW, WORKING THIS CASE DAILY?

>> IF NOT DAILY, I WOULD BE VERY SURPRISED IF IT'S NOT CLOSE TO DAILY. I TALK TO MY STAFF ABOUT THE CASE FREQUENTLY, AND, YOU KNOW, WE ARE LOOKING FOR THAT BIT OF COMPELLING EVIDENCE THAT WOULD BE ADMISSIBLE IN COURT THAT WE COULD START PROSECUTIONS. RIGHT NOW OUR VIEW IS THAT WE COULD BRING CHARGES BUT THAT THAT BURDEN OF PROOF BEYOND A REASONABLE DOUBT IS SUCH A STEEP BURDEN THAT IF WE LOST, WE ONLY GET ONE BITE OF THE APPLE HERE, IT WOULD BE SO UNFORTUNATE. SO, WE ARE GOING TO BUILD THE BEST CASE WE CAN, WE HOPE THAT PEOPLE WITH EVIDENCE WILL COME FORWARD AND GIVE US THE ABILITY TO HAVE A STRONGER CASE SO THAT WE CAN DO OUR PART. BUT RIGHT NOW WE MUCH APPRECIATE WHAT THE FEDERAL AUTHORITIES ARE DOING AND SEEKING JUSTICE IN THE CASES THAT THEY HAVE.

>> I THINK FOLKS MAY BE A BIT CONFUSED AS TO WHY THERE IS NOT ENOUGH EVIDENCE GIVEN THAT A COUPLE OF THESE GUYS IN JAIL HAVE SAID THEY PLAYED A ROLE IN HER MURDER, KNEW SPECIFIC DETAILS ABOUT THE BODY, WHERE THE BODY WAS DUMPED. HOW IS THAT NOT ENOUGH EVIDENCE?

>> BECAUSE IT'S A QUESTION OF WHAT EVIDENCE IS ADMISSIBLE AGAINST WHAT DEFENDANT. WHEN YOU HAVE ALLEGEDLY THREE DIFFERENT PEOPLE INVOLVED WITH NUMEROUS STATEMENTS, SOME OF WHICH AS THE FEDERAL AUTHORITIES SAY ARE POINTING THE FINGERS AT OTHERS, WELL, WE'RE NOT GOING TO GET, UNLESS THERE'S AN AGREEMENT, GET ONE COME IN AND WAIVE HIS FIFTH AMENDMENT AND TESTIFY AGAINST THE OTHERS. IT'S ONE THING TO SAY THE STATEMENTS WERE MADE, IT'S ANOTHER TO HAVE THE STATEMENTS, INTRODUCE, BE ADMISSIBLE IN A TRIAL AGAINST A PARTICULAR PERSON. SO, THERE IS A LOT OF WHAT WE ARE DOING IS TRYING TO FIGURE OUT WHO SAID WHAT WHEN AND COULD WE GET THIS EVIDENCE IN AND AGAINST WHOM. SO, TRUST ME, WE WANT TO GET THERE AND I UNDERSTAND THE FRUSTRATION, YOU CAN BELIEVE, YOU KNOW, WHAT HAPPENED, PROVING IT AGAINST A PARTICULAR PERSON BEYOND A REASONABLE DOUBT, MORE THAN HE WAS JUST PRESENT OR MORE THAT HE PARTICIPATED IN SOME ASPECT OF IT OR ANOTHER, IT'S DIFFERENT WHEN YOU ARE TRYING TO PROVE BEYOND A REASONABLE DOUBT ACTIVE PARTICIPATION IN A PREMEDITATED MURDER OR FELONY MURDER.

>> LET'S SWITCH GEARS AND TALK ABOUT THE PAST LEGISLATIVE SESSIONS. A COUPLE LAWS THAT THE GOVERNOR HAS SIGNED, ONE MARIJUANA DECRIMINALIZATION, BASICALLY SMALL AMOUNTS OF POT WOULD BE MORE LIKE A CIVIL TRAFFIC TICKET.

>> WOULD BE CIVIL, UNDER AN OUNCE OR LESS, I THINK A $300 FINE, NO CRIMINAL RECORD.

>> DO YOU SUSPECT THAT THE STATE IS GOING TO RUN INTO TROUBLE WITH THE FEDS OVER THIS LAW?

>> I DON'T. THE REASON I DON'T, IN THE PAST I'VE EXPRESSED CONCERNS BECAUSE IT REMAINS AGAINST THE LAW IN FEDERAL LAW TO POSSESS SMALL AMOUNTS OF MARIJUANA. SINCE THE STATES HAVE TALKED ABOUT THIS, THE STATES OF COLORADO AND WASHINGTON BY REFERENDUM HAVE LEGALIZED MARIJUANA POSSESSION. SO, YOU KNOW, PREDICT AT YOUR PERIL BUT I THINK VERMONT AND A COUPLE STATES HAVE DECRIMINALIZED MARIJUANA OR LEGALIZED THE USE OF MARIJUANA FOR MEDICINE AL PURPOSES. IF THE FEDERAL WAS GOING TO COME DOWN ON A STATE IT WOULD BE COLORADO OR WASHINGTON OR CALIFORNIA WHERE THERE IS A HUGE AMOUNT OF USE OF MARIJUANA FOR MEDICAL REASONS BEFORE VERMONT.

>> DO YOU THINK IT'S GOOD LEGISLATION?

>> I SUPPORTED THE LEGISLATION. THERE ARE THOSE THAT THINK PROSECUTION -- INVESTIGATION, PROSECUTION AND POSSESSION OF SMALL AMOUNTS OF MARIJUANA IS TAKING UP WAY TOO MUCH LAW ENFORCEMENT TIME. I DISAGREE WITH THAT, I DISAGREE WITH THE FACT THAT WE ARE ALL OF A SUDDEN GOING TO HAVE ALL KIND OF BEDS IN OUR PRISON THAT WILL BE OPEN BECAUSE THIS WON'T BE A CRIME, BUT VERMONT HAS TAKEN THE STEP ALREADY OF LEGALIZING IT FOR MEDICAL USE AND IN TRUTH THE DRUG THAT CONTINUES TO HAVE THE GREATEST IMPACT IN TERMS OF CRIMINAL BEHAVIOR IN THIS STATE IS ALCOHOL, OUTRIGHT LEGAL DRUG IN TERMS OF DRIVING OFFENSES, FATALITIES, ASSAULTIVE BEHAVIOR AND SUCH, SO I THINK I SUPPORTED THE DECRIMINALIZATION, I DON'T THINK THE SKY WILL FALL AND I WOULD NOT BE SURPRISED IF IN SIX TO TEN YEARS IT'S NOT LEGAL IN VERMONT.

>> LET'S TALK ABOUT DRIVER'S LICENSES FOR IMMIGRANT WORKERS HERE IN THE STATE. IT BASICALLY GIVES THEM THE RIGHT TO DRIVE LEGALLY WITHIN VERMONT. DO YOU THINK THAT IS GOING TO GET US IN TROUBLE WITH THE FEDS?

>> I DON'T THINK SO BECAUSE THERE ARE 10 TO 15 OTHER STATES THAT HAVE DONE THIS AND THIS DOESN'T PURPORT TO CHANGE FEDERAL IMMIGRATION LAW, IT DOESN'T TIE THE HANDS OF FEDERAL LAW ENFORCEMENT TO INVESTIGATE AND PROSECUTE VIOLATIONS OF FEDERAL IMMIGRATION LAW. THIS JUST SAYS IF YOU ARE IN THE STATE AND YOU HAVE THE REQUISITE SKILLS, THEN YOU CAN DRIVE A MOTOR VEHICLE, SO, I THINK VERMONT -- IT MAKES SENSE GIVEN HOW MANY FOLKS WHO ARE MAYBE NOT IN COMPLIANCE WITH FEDERAL IMMIGRATION LAW WHO ARE PLAYING A VERY IMPORTANT PART, PARTICULARLY IN THE DAIRY FARMS IN THE STATE, WE REALLY SHOULD APPRECIATE THEIR PRESENCE. LET THE FEDERAL GOVERNMENT ENFORCE FEDERAL LAW AND FOR THOSE PROVIDING EMPLOYMENT SERVICES IN THE STATE, WE SHOULD CRY TO TRY TO ACCOMMODATE THAT, TRYING TO GET AROUND THE STATE AND NOT BEING IN VIOLATION OF OUR DRIVING LAWS IS ONE WAY WE CAN ACCOMMODATE THOSE WHO ARE HERE DOING HARD WORK ON OUR FARMS.

>> CONTROVERSIAL SUBJECT, WHERE FOOD LABELS WOULD BE PUT ON PRODUCTS GENETICALLY MODIFIED. THERE'S A GREAT PUSH BACK FROM LARGE CORPORATIONS IN THE U.S. ABOUT THIS. IT HAS PASSED THE HOUSE, LIKELY TO BE BROUGHT UP NEXT YEAR.

>> THE SENATE WILL TAKE IT UP.

>> WHAT IS YOUR TAKE?

>> WE HAVE TESTIFIED THAT THERE IS RISK IF VERMONT ENACTS THIS STATUTE BECAUSE WE GET INTO THE AREA OF MANDATORY LABELING OF CONSUMER PRODUCTS WHERE IT IS A CONSTITUTIONAL FREE SPEECH RIGHT. THE RIGHT TO REMAIN SILENT IS ESSENTIALLY AN EXERCISE OF THE FREE SPEECH RIGHT. VERMONT IN THE PAST HAS HAD TWO LAWS, ONE THAT REQUIRED LABELING OF BOVINE GROWTH HORMONE IN DAIRY PRODUCTS, ANOTHER THAT REQUIRED LABELING OF PRODUCTS, CONSUMER PRODUCTS THAT CONTAINED MERCURY. VERMONT GOT SUED IN BOTH CASES ALLEGING THAT THOSE LAWS WERE UNCONSTITUTIONAL. WE SUCCESSFULLY DEFENDED THE MERCURY LABELING LAW BUT IN THE RSBT OR BOVINE GROWTH HORMONE CASE THE COURT FOUND THERE WASN'T ENOUGH COMPELLING EVIDENCE OF PUBLIC HEALTH HARM IN PRODUCTS WITH BOVINE GROWTH HORMONE TO SUPPORT OR OVERCOME THE CONSTITUTIONAL RIGHT OF THE COMPANIES NOT TO PUT THAT ON THEIR LABELS. SO WHAT WE HAVE SAID IN THE HOUSE AND WE WILL SAY IN THE SENATE IS WE WILL DO OUR LEVEL BEST TO DEFEND ANY LAW THAT YOU ENACT, BUT THE QUESTION IS IF THEY DO A GMO LABELING LAW, IS THAT MORE AKIN TO BGA OR MORE AKIN TO MERCURY? SO THE MORE COMPELLING CASE THAT CAN BE MADE THAT PRODUCTS THAT CONTAIN GMO'S ARE, IN FACT, BAD FOR YOUR HEALTH, THE STRONGER CASE WE WOULD HAVE TO SUPPORT THE LAW. BUT GIVING IT'S A CONSTITUTIONAL RIGHTS CASE, IF WE LOSE THE LAWSUIT, WE HAVE TO PAY ATTORNEY'S CHARGES. WE HAVE HAD CASES GONE TO THE U.S. SUPREME COURT AND WE HAVE HAD TO PAY OUT MILLIONS OF DOLLARS AND I KNOW LEGISLATORS ARE CONCERNED NOT HAVING VERMONT FOOT THAT KIND OF BILL. I HAVE SAID WE HAVE SUCCESSFULLY DEFENDED THE VAST NUMBER OF VERMONT LAWS THAT HAVE BEEN LITIGATED, WE HAVE BROUGHT IN AND CONTINUE TO BRING IN MORE MONEY EVERY YEAR THAN PAID OUT FOR LOST CASES BUT THE LEGISLATURE WILL TAKE A SERIOUS LOOK AT WHETHER THEY SHOULD LEAD THE NATION ON THIS AND FACE THE RISK OF AN EXPENSIVE LAWSUIT.

>> WE LEARNED ABOUT PATENT TROLLING THAT PEOPLE CLAIM VERMONT COMPANIES ARE VIOLATING CERTAIN PATENTS. YOU HAVE GONE AFTER THESE, TELL US WHAT THE STATE IS SEEKING.

>> THIS IS A PROBLEM NATIONALLY. CERTAIN COMPANIES THAT ARE PATENT TROLLS, THEY BUY UP PATENTS AND THEN SAY THESE COMPANIES ARE VIOLATING THEIR RIGHTS. THEY CHARGE THE COMPANIES TO USE THE ALLEGED PATENT. IF YOU HAVE A GOOD PATENT AND SOMEBODY IS VIOLATING THAT YOU HAVE EVERY RIGHT IN THE WORLD TO DEFEND YOURSELF AND GET VALUE FOR WHAT YOU OWN. PATENT TROLLS ARE THOSE WHO DON'T HAVE THE PATENT OR THEIR PATENTS DON'T PROTECT WHAT THEY SAY, SO WE'VE HAD A NUMBER OF SMALL BUSINESSES IN VERMONT AND NONPROFITS THAT HAVE GOTTEN LETTERS FROM THIS ONE TEXAS COMPANY THAT SAY YOU ARE IN OUTRIGHT VIOLATION OF OUR PATENT AND IF YOU DON'T PAY US MONEY WITHIN TWO WEEKS, WE ARE GOING TO SUE YOU. WE CONTEND WE HAVE INVESTIGATED AT LENGTH THIS COMPANY, IT'S A COMPANY OUT OF TEXAS, WE CONTEND THEY ARE VIOLATING OUR CONSUMER PROTECTION LAWS AND FILED THE FIRST IN THE NATION LAWSUIT AGAINST THIS ALLEGED PATENT TROLL. BUT ALSO, VERMONT, THE GOVERNOR JUST SIGN THE FIRST IN THE NATION, PARTICULARLY SPECIFIC PATENT TROLL LAWS THAT GIVES BUSINESSES THE RIGHT WHEN A PATENT TROLL WITH BAD FAITH IS TRYING TO ESSENTIALLY EXTORT MONEY A CAUSE OF ACTION, GIVE EXTRA ENFORCEMENT JURISDICTION OR AUTHORITY TO US, AND THE BOTTOM LINE IS WE HAVE GOT A LOT OF HIGH TECH COMPANIES, WHETHER IT'S THE DEALER.COM OR COFFEE ROASTERS OR WHATEVER THAT ARE VERY CONCERNED ABOUT PATENT TROLLING AND I THINK WHAT THE LAW, THE LEGISLATURE JUST PASSED AND GOVERNOR SIGNED IN WITH THIS LAWSUIT, FIRST OF ITS KIND LAWSUIT THAT MY OFFICE JUST FILED, WE ARE TRYING TO SEND A MESSAGE TO PATENT TROLLERS, STAY OUT OF VERMONT, YOU WILL HAVE A FIGHT ON YOUR HANDS. IF YOU COME IN YOU DON'T HAVE LEGITIMATE PATENTS OR TRYING TO EXPAND THE AUTHORITY OF YOUR PATENT.

>> IS THE STATE SEEKING DAMAGES AND HAVE ANY BUSINESSES LOST MONEY AS A RESULT OF THIS?

>> THAT WILL COME OUT DURING THE TRIAL, WE WILL SHOW EXTENSIVELY THE NUMBER OF BUSINESSES THAT WERE THREATENED WITH LITIGATION. OBVIOUSLY A NUMBER OF THEM HAD TO GET LAWYERS TO PROTECT THEMSELVES, BUT THE REAL QUESTION WILL BE ARE THEY IN VIOLATION OF OUR EXISTING STATUTE AND SHOULD THERE BE INJUNCTIVE RELIEF THEY CAN'T DO THIS ANYMORE IN VERMONT AND SEEKING MONDAY TORE PENALTIES AND ARGUABLE THAT IS EVERY SINGLE LETTER THAT A PATENT TROLLER HAS SENT COULD BE A SEPARATE VIOLATION. IT COULD BE VERY COSTLY FOR THIS COMPANY IF WE ARE ABLE TO PREVAIL AND MEET OUR BURDEN OF PROOF.

>> I UNDERSTAND YOU WERE IN WASHINGTON TESTIFYING BEFORE CONGRESS ABOUT SOME SENIOR SCAMS PEOPLE SHOULD BE ON THE LOOK OUT FOR. WHAT CAN FOLKS LOOK FOR AND HOW CAN THEY AVOID THEM?

>> THERE ARE A LOT OF SCAMS DIRECTED AT SENIORS NATIONWIDE AND HERE IN VERMONT. WE HAVE HAD TERRIBLE STORIES OF TENS OF THOUSANDS OF DOLLARS, YOU HAVE WON A SWEEPSTAKES, YOU HAVE TO SEND THE TAXES FOR IT. THE GRANDCHILD ONE WHERE YOUR CHILD HAS BEEN IN THE HOSPITAL AND NEEDS MONEY OR IS IN JAIL, WE HAVE HAD SENIORS IN VERMONT SEND TENS OF THOUSANDS OF DOLLARS TO TRY TO PROTECT THEIR LOVED ONES, SCAMS OUT OF JAMAICA. ROMANCE SCAMS, PEN PALS OUT OF VERMONT. ONE WOMAN SPENT $29,000 TO GUANA IN THE LAST COUPLE WEEKS TO HER DEAR FRIEND OVER THERE, TOTAL SCAM. SO WE NEED PEOPLE TO BE VIGILENT ABOUT THESE THINGS, IF YOU HAVE ANY QUESTION WHATSOEVER, TALK TO YOUR RELATIVES IF YOU ARE A SENIOR, CALL OR CONSUMER ASSISTANT PROGRAM FOR ADVICE. IF YOU WIRE MONEY, PARTICULARLY OVERSEAS, THERE ARE ESTIMATES 70% OF THOSE ARE FRAUDULENT, SO, BE CAREFUL WITH YOUR MONEY NO MATTER HOW LEGITIMATE IT SOUNDS, HOW MUCH YOU WANT TO WIN THE LOTTERY OR WHATEVER, THESE IN ALL LIKELIHOOD ARE SCAMS AND ASK FOR HELP AND ASSISTANCE BEFORE SENDING ANY MONEY.

>> THANK YOU FOR THE TIPS. VERMONT ATTORNEY GENERAL BILL SORRELL, WE THANK YOU. WE ARE B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B B

>> A PAIR OF BUGS THREATENING VERMONT'S FOREST AND THE MAPLE INDUSTRY. STEVE RECENTLY PUT THE EMERALD ASH BOARDER AND THE BEETLE UNDER THE MICROSCOPE. HERE'S HIS REPORT.

>> SOLDIERS ON A RECONSANCE MISSION, A BATTLE IN THE STREETS OF CONCORD.

>> WE HAVE A LIST OF TARGETS AND LOCATIONS WHERE THE ENEMY MAY BE HIDING IN CLOSE SIGHT. SOME COME UP EMPTY. OTHERS ARE OUT OF REACH. IT'S A WAR THAT IS TOUGH TO WIN WHEN YOU CAN BARELY SEE THE ENEMY. NO LARGER THAN A PENNY. DESPITE THE SMALL SIZE THERE ARE TREE TESTS KNOWN AS THE EMERALD ASH BOARDER HAS LEFT A WAVE OF DESTRUCTION.

>> IT'S THE DUTCH ELM OF OUR GENERATION.

>> IT GOES AFTER ONE TYPE OF TREE IN PARTICULAR -- ASH. THE ASH BORER LAYS ITS LAR VIRGINIAAEARVAEDEEP IN THE TREE.

>> EXPERTS SAY IT'S THE COLLATERAL DAMAGE OF GLOBALIZATION. BEFORE 2002 IT HAD NEVER BEEN DETECTED IN NORTH AMERICA. ORIGINALLY FOUND IN ASIA, U.S. FOREST OFFICIALS SAY ALL THAT WAS KNOWN ABOUT THE METALLIC HALF INCH BUG WAS TWO PARAGRAPHS IN A CHINESE TEXTBOOK.

>> THE BARK IS BREAKING OFF.

>> NOW IT'S INFECTED 19 STATES, THAT'S A NUMBER THAT CONTINUES TO GROW. THE LATEST IS NEW HAMPSHIRE, JUST DISCOVERED IN MARCH. THERE ARE CONSERVATIVE ESTIMATES FROM THE USDA THE COST TREATMENT, REMOVAL AND REPLACEMENT AT $250 MILLION. MOST NEW ENGLAND CITIES AND TOWNS LINE THEIR MAIN STREETS AND PLANT THEIR PARKS WITH ASH TREES. NOW LOCAL AND STATE GOVERNMENTS ARE FACING THE COST OF REMOVING THOSE TREES INFECTED WITH THE INVADER AND REPLACING IT WITH ANOTHER TREE NOT SUSCEPTIBLE TO THE BUGS. KYLE IS THE GENERAL IN THE BATTLE AGAINST THE ASH BORER.

>> HERE IN NEW HAMPSHIRE, IS ANY OF THE MONEY BUDGETED?

>> NO, NOBODY HAS THE MONEY BUDGETED. SO ANY EFFORT WE CAN MAKE RIGHT NOW TO CONTROL THE SMALL OUTBREAK WE HAVE AND KEEP IT CONTAINED, THAT WILL SAVE MILLIONS OF DOLLARS OVER THE NEXT FEW DECADES FROM OTHER REGIONS THAT DON'T GET INFECTED.

>> CONTAINING THE OUTBREAK IS NOT JUST ABOUT SAVING MONEY FOR TAXPAYERS, IT'S ABOUT PROTECTING LIVELIHOOD. LUMBARD SAYS JOBS ARE AT RISK LIKE THE STATE'S LUMBER INDUSTRY WHICH REALIZE ON ASH TO MAKE EVERYTHING FROM TOOL HANDLES TO BASEBALL BATS. AND CRITICAL FOR THOSE WHO SELL FIREWOOD.

>> WHAT HAPPENS TO THE FELLOW YOU FIND WHO IS -- HIS PLACE AS MAPPED AS YOU COULD, CAN YOU DO ANYTHING WITH THE WOOD?

>> AT PUBLIC MEETINGS LIKE THIS AT CONCORD THE SOLUTIONS ARE TOUGH AND NOT CLEAR.

>> THEY SAY THEY CAN'T KILL THE BUG, ONLY SLOW THE MOVEMENT.

>> WE KNOW WE HAVE TO LIVE WITH ASH BOARER IN OUR FOREST FOREVER.

>> THE COST TO DO NOTHING IS EVERY SINGLE ASH TREE IN THE STATE. SO THE STATE MADE A QUARANTINE AROUND THE CAPITAL, NO WOOD IN, NO WOOD OUT. FIREWOOD IS LARGELY BLAMED FOR THE INVASIVE SPECIES SPREAD. EXPERTS SAY IF YOU STOP THE SPREAD OF FIREWOOD YOU CAN SLOW THE ASH BOARER TO A HALT. SUSPECT TREES ARE TAKEN FOR TESTING. BACK TO THE FOREST ARMY'S MAKESHIFT CAMP WHERE VOLUNTEER SOLDIERS FROM ACROSS NEW ENGLAND FIND TREES.

>> THAT'S BASICALLY MY FIRE EVERY DAY.

>> THE STATE COORDINATES FROM A TRAILER NORMALLY USED TO BATTLE WILDFIRES. PREPARING FOR ACTION LATER, CUTTING DOWN TREES, USING CHEMICALS AND RELEASING GENETICALLY MODIFIED WASPS AT $4 A PIECE, ALL OPTIONS THE STATE IS CONSIDERING TO CONTAIN THE ASH BOARER.

>> WE'RE GETTING A CHANCE TO HELP OUR NEIGHBORS.

>> VERMONTERS ARE WORKING IN CONCORD WORRYING, THEY HAVE BEEN FOUND IN NEW YORK, QUEBECK AND NOW NEW HAMPSHIRE WORRYING THEY WILL FACE IT IN THE GREEN MOUNTAINS.

>> IT WON'T BE IF WE FINE IT BUT WHEN WE FIND IT.

>> SO THEY ARE TAKING THE FIGHT TO THEM IN THE STREETS OF NEW HAMPSHIRE'S CAPITOL, CONSIDER URBAN FORESTRY WORKING.

>> AND YOU CAN LEARN MORE ABOUT THESE BUGS, THE ASIAN LONG HORNED BEAT WHICH THREATENS OUR MAPLE INDUSTRY AND INVASIVE PLANT GROWING IN VERMONT BY WATCHING STEVE'S SERIES ONLINE, YOU WILL FIND IT ON OUR WEBSITE WCAX.COM. THAT'S IT FOR US, TAKE CARE, HAVE A GREAT SUNDAY, EVERY ONE. . CAPTIONING PROVIDED BY CAPTION ASSOCIATES, LLC WWW.CAPTIONASSOCIATES.COM.

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