Projo 7 to 7 News Blog

The union representing the state's deputy sheriff's responded to criticism Friday, saying that persistent staff shortages, a failure to follow established security practices, and the antiquated state of Rhode Island courthouses were the real root cause of a recent mistrial.

Armand Musumeci, president of the Local 2409, Council 94, American Federation of State, County and Municipal Employees, responded to complaints from court officials that sheriffs routinely bring prisoners in late to court, wasting time and money, and that their actions had helped lead to a mistrial in a rape case in April.

An assessment report, conducted by the state police in 2003, recommended that the state Sheriff's Department have 213 deputies. Currently, only 169 deputy positions are authorized to provide security for 83 judges and magistrates, Musumeci said.

"Due to forced retirements and staff reductions we operate with at least 44 fewer positions than the state police recommended on a daily basis," he said. "The members of Local 2409 go above and beyond to make sure that defendants are transferred to court rooms in a timely and safe manner."

The union's statement came in response to a Journal story Tuesday in which Judge Netti C. Vogel in Providence County Superior Court complained that sheriffs had sabotaged a trial by diregarding her directive that the defendant should remain in the courtroom during a morning break. Instead, a sheriff took the prisoner to the bathroom.
Vogel declared a mistrial after it was learned a juror had seen the defendant, Jesse A. Boyd, shackled, violating his due-process rights.

Musumeci said that "standard operating procedures" call for the jury be taken to a separate room during breaks that they can only leave when it is clear a defendant has been taken to the cell block.

"This procedure provides for the safety of the public, the victim, the victim's family, court staff, and preserves the defendants' constitutional rights. Leaving a defendant in a court room during a recess is not customarily done due to safety concerns," Musumeci said.

When the defendant requested to use the rest room, the sheriffs asked a supervisor what course of action to take. The supervisor [Joann Macari] directed the sheriffs to escort the defendant to the cell block. With two conflicting instructions issued, the Sheriff's complied with standard operating procedure."

He added: "The security procedures followed by each Deputy regarding prisoner handling reflect the best practices of our profession and are designed to protect the public, prisoners in our custody, and the defendant's constitutional rights. While we share the judiciary's concern on the impact of staffing reductions on security, we cannot agree with some of the statements made in the article."

Presiding Superior Court Justice Joseph F. Rodgers was not in the office Friday afternoon and could not be reached for comment.

CORRECTION: The original version of this story misstated the first name of Jesse Boyd.

 Tags  Providence County Superior Court

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