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Magistrate: Imprisoned lawyer Cicilline should stay put

11:28 AM Mon, Nov 23, 2009 |
Katie Mulvaney    Email
jcicilline.jpg John M. Cicilline


BOSTON, MASS. -- A federal magistrate judge recommended Monday that disgraced lawyer John M. Cicilline's bid to win early prison release be dismissed.

U.S. Magistrate Judge Robert B. Collings issued a report and recommendations calling for the dismissal of Cicilline's request that he be released immediately to a halfway house. It will now be up to U.S. District Judge Joseph L. Tauro to make a final decision.

His father and former law partner, John F. "Jack" Cicilline, told Collings Thursday that the U.S. Bureau of Prisons violated his son's due-process rights by failing to consider his personal struggles in deciding when he would be released to a halfway house.

"What we're talking about is current conditions. It's about saving his residence, saving his kids," the elder Cicilline said in U.S. District Court in Boston.

But Collings accepted the government's arguments that the bureau had considered Cicilline's case individually based on the factors set forth by federal law and therefore maintained "virtually unlimited discretion" to place Cicilline as it saw fit.

John M. Cicilline and Joseph A. Bevilacqua Jr., a former state Supreme Court chief justice's son and also a disbarred lawyer, pleaded guilty in June 2008 to engaging in an illegal shakedown scheme to gain money from people accused of drug crimes.

That October, Cicilline, the brother of Providence Mayor David N. Cicilline, began serving an 18-month sentence at Fort Devens for conspiracy, obstruction of justice and making false statements to federal authorities.

Cicilline, 52, is due to be put on supervised release in Rhode Island on Feb. 8, 2010, after he serves 41 days in a halfway house in Massachusetts. He is being held at a federal medical center in Fort Devens, Mass., north of Worcester.

Cicilline has 10 days to file a written objection to the report.

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Comments

Abe Froman said:

Didn't his past conditions (residence, kids) thrive due to his criminal income? Why should we feel sorry for him.

I have a perk he can get from being behind bars - a nice exercise program, looks like he needs one.



RI born and raised said:

I guess that good ole' boy network doesn't quite reach from Providence to Boston. Let's hope that the recommendation is followed by the District Court.



pm said:

I agree with the judge..he needs to finish serving his time. Its unfortunate that he has mortgage issues..but so many people who DIDN'T break the law do also. How many others behind bars would like their promient daddy to argue their earlier release b/c of mtg or bill problems?

If his daddy is so concerned about the mtg..then why doesn't he help his son out of the bind?



Just saying said:

Don't you think that between his brother,the Mayor,and his high priced lawyer father,that they could find the means to save his house and his kids? Just saying!



RIRealist13 said:

I fail to see where the present conditions confronting him and his family are any different from those of the families of other criminal defendants who are servng their sentences. Any defendant convicted of a crime needs to serve his sentence and suffer the consequences of his actions. Unfortunately those consequences usually impact others. The defendant should appreciate the impact on himself and others before he commits a crime.



zman07 said:

Mortgage issues? Don't we all. How is he going to resolve those if he gets out early? Joining Cianci on WPRO? He's been disbarred. No employment. Maybe he buried some cash out in the backyard.

Blood is thicker than water. Let his brother, Mr. Mayor take care of the mortgage. That's what family is for.



john said:

You mean his brother can't help out? He spends the taxpayers money on overpaid Department Heads. Mello, Ogden, Esserman, Brady. Time for all of them to go, or take a pay cut like everyone else.



sue said:

John, and his brother the Mayor, own a large office bldg.on Atwells Ave.,which they purchased in 1991 for $300k.
The rents they receive for said offices should far exceed their expenses and additionally provide a nice income for both.
Are this man and his family really as destitute as they claim ?



bigstick said:

The Federal Bureau of Prisons should grant him an early release, only if he agrees to be released into the Amazon jungle's rainforest, fully outfitted with a straw hat, a loin cloth (the size of a bedspread), a GPS ankle bracelet and a butt cam. The footage transmitted from the butt cam can be used to create a reality series, which the feds can sell to prime-time television and the GPS tracking data can be sold to the drug cartel, to add further intrigue to the reality series.

At first glance these conditions may appear to be extreme, but at least he has a 50/50 chance of survival, higher odds than those who he represented, and much higher odds that you would end up paying the fee he originally quoted. This guy is so bad he could milk a bull in under 3 minutes. Of course, he would still be responsible for the cost of transportation to and maybe from (should he survive) this chosen destination.




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