Projo 7 to 7 News Blog

PROVIDENCE, RI -- The state Supreme Court has overturned a conviction against a Cranston man accused of sexually abusing a six-year-old boy saying the state violated the man's right to counsel by introducing incriminating testimony at trial that had been taken without informing the man's lawyer.

The justices sent the case back to Superior Court for a new trial.

James F. Oliveira, 56, formerly of 41 Franklin Ave., was convicted in 2006 to 60 years, with 40 to serve, for first-degree child molestation.

In an opinion released today and written by Justice Paul A. Suttell, the justicies said that while the prosecution had a strong case against the defendant -- including the child's testimony, his mother, the arresting officer, the examining physician, an earlier statement to the police, and compelling DNA evidence -- the testimony from the investigator for the state Department of Children, Youth & Families "was particularly prejudicial. It was the only testimony offered that mentioned penile, as opposed to digital, penetration of the young boy."

Moreover, Suttell wrote, the testimony in question "was much more graphic and inflammatory than any other evidence offered.

Read the full opinion.

 Tags  Cranston Supreme Court

Comments

Don said:

Justice Paul A. Suttell should be fired for his ruling. Does he have sympathy for what this animal did...or does he not think it was that bad of an act?

Link | December 19, 2008 4:38 PM
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