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Prosecutors fight mayor's brother's bid for prison release

12:49 PM Mon, Nov 02, 2009 |
Katie Mulvaney    Email

Prosecutors are fighting disbarred lawyer John M. Cicilline's bid to win early release from prison, arguing that the federal Bureau of Prisons alone has discretion to decide where and how an inmate is held.

Cicilline, 52, the older brother of Providence Mayor David N. Cicilline, is due to be released to Rhode Island under supervision Feb. 8, 2010, after 41 days in a halfway house in Massachusetts. He is being held at a federal medical center in Fort Devens, Mass., north of Worcester, Mass.

Casting himself as an anguished father at the brink of losing his home, John M. Cicilline in September asked the court for immediate release. He argued he had a job opportunity that would only be available for a short period and that early release would better situate him to save the Narragansett house in which his three teenage daughters live from foreclosure.

The U.S.Attorney in Massachusetts opposed Cicilline's motion's last month, saying the courts are not empowered to review the bureau's inmate placement decisions. The bureau alone has the discretion to place a prisoner as it sees fit, the government said.

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

On Oct. 21, 2008, Cicilline began an 18-month federal prison sentence in the federal prison at Fort Devens.

Cicilline's motion has been assigned to a magistrate in U.S. District Court in Massachusetts, who has not yet decided whether to hold a hearing or make a decision on the motions, according to the U.S. Attorney's office.


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Comments

LEC said:

Why should be get out early? He is no better than anybody else even if he thinks he is. Once a crook always a crook and he should have thought of what he did before he did it. His only remorse is he got caught. Well, to bad.



doughboys said:

What happened to the $75,000 rubber check that the city spent $300,000 investigating? No restitution?

Granted he wrote that for someone else but legally that doesn't matter.

Swept under the floor till the statute of limitations kicks in?



zman07 said:

Why does he need to get out early? It's not like he's rushing to a make an interview for a new job.

He's got a dry bed and 3 quares a day. Let him serve out his sentence pondering what he did.



Joe said:

Davey boy again Where is the $ 75,000.00!!??
No he should not get out early,everyone else
has to do there time and many pay restitution
opps that word restitution again !!??This is
surely going to be swept away !!!It does not
look good around relection but I am not sure
they are pretty dumb when it comes to reelecting
corrupt poltical crooks in Providence!!??



Craig said:

This is why I moved to Florida ! This slimey backroom dealing and preferential treatment for corrupt politicians. Where is the restitution of the $75k check he bounced? If you or I owed $20.00 we could not register a car!! I'd be willing to bet he gets out!




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