Vermont Attorney General TJ Donovan in an undated photograph. (VtDigger - Morgan True)
Vermont Attorney General TJ Donovan in an undated photograph. (VtDigger - Morgan True)

MONTPELIER — Vermont’s attorney general is urging a review of a police department’s practices following its handling of reports of racial harassment against the state’s only black female lawmaker, who later resigned.

T.J. Donovan said in a written statement on Monday that he believes an outside law enforcement expert should review the Bennington Police Department’s policies and procedures. He is urging the town to take that step.

“This action step will promote and maintain the public trust in the Bennington Police Department,” he said.

His statement came after the NAACP Vermont branch and the American Civil Liberties Union of Vermont jointly called for a review of police involvement in the case, including whether evidence was withheld.

Donovan’s office took over the investigation of online racial harassment against then-Rep. Kiah Morris in August, telling Vermont Public Radio that there was a “breakdown in Bennington.” Donovan announced last month that Morris was the victim of racial harassment but no charges would be filed because of free speech protections and insufficient evidence.

Less than a month later, police arrested the man accused of harassing Morris, a self-described white nationalist, on a charge that he possessed large capacity gun magazines, which now are illegal in Vermont. Max Misch, 36, pleaded not guilty on Thursday.

“The Attorney General’s conclusions and public statements in this case have focused on the conduct of private citizens, while remaining silent on the actions and inactions of Bennington officials,” the NAACP and ACLU said in a joint statement, adding that the ACLU has a pending racial profiling lawsuit against the Bennington Police Department.

Town Manager Stuart Hurd released a statement on Monday saying the Bennington Police Department “cooperated fully” in the investigation by turning over all information regarding the complaints to the attorney general and Vermont State Police, the Bennington Banner reported. The police department also worked with state police on the weapons-related investigation, he said.