Projo 7 to 7 News Blog

Taking the news pulse of Rhode Island and Southeastern Massachusetts, by Providence Journal and projo.com staff, from 7 to 7, every business day

Get the 7 to 7 on your mobile at www.projo.com. Twitter: projo | RSS | Email alerts

Judge halts assault case against Providence detective

2:44 PM Thu, May 14, 2009 |
Gregory Smith    Email

PROVIDENCE, R.I. -- Superior Court Judge Daniel Procaccini has thrown out felony assault charges that were lodged against Providence Detective Jason Simoneau by his own police department.

After hearing six days of testimony from 13 prosecution witnesses, Procaccini stopped the trial and said he did not find the key witnesses credible.

Two of Simoneau's four accusers were intoxicated in the altercation on a downtown street on Christmas Eve 2006 that led to the charges, and the accounts of all four were riddled with inconsistencies, the judge declared.

Without waiting for the defense to present its case, he granted a motion by defense lawyer Kevin J. Bristow to dismiss two counts of assault with a dangerous weapon.

"I will be forever grateful to the judge (for having seen) what was obvious two years earlier if the department had just wanted to see it," declared retired Providence police Maj. Dennis Simoneau, the defendant's father. Jason Simoneau, 34, of Glocester, declined comment.

Michael Healey, spokesman for Atty. Gen. Patrick C. Lynch, said prosecutors do not regret having brought the case even though it was dismissed mid-trial. The key witnesses' early statements to the police largely squared with their testimony to the grand jury that returned an indictment against Simoneau, he said.

Procaccini signed a dismissal order Monday and Healey acknowledged the ruling Thursday.

social bookmarking

Comments

TPM said:

Patrick Lynch does not regret having his office bring a case that is so weak it is thrown out mid-trial? He did not seem to regret Principal Ray Dalton's damaged reputation and high legal bills either. I wonder what the threshold is for before addressing your office's incompetence?



MH said:

TPM...the job of that office is not to decide guilt or innocence, it is to decide if it merits justice.....once that decsion is made, it is up to the judge/jury to decide the outcome. You should be happy that the judicial system worked in this case. People like you just want to hear yourself talk. Either you want Lynch to do his job, or you want him not to do his job. It is very simple, a law was broken and someone was being held accountable, presumed innocent, but held accountable. These charges were not being made by a citizen, the freaking police department wanted these charges brought against him. Are we supposed to support the police that protect and serve you or would you rather the prosecution office and police departments work separate and against each other? Go worry about something that will actually help this state instead of making desparaging comments against a person who actually has the best interest of the state beind their motivations. Patrick Lynch will be our next Gov, so get used to people not getting away with corruption and him having the balls to fight them tooth and nail.




Leave a comment

Please be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish.




Type the characters you see in the picture above.