Projo 7 to 7 News Blog

PROVIDENCE -- Volunteer advisers are offering free financial advice this afternoon from a bus at Washington Street and Cookson Place along Burnside Park in downtown Providence.

The yearlong Your Money Bus Tour is sponsored by TD Ameritrade Institutional, the National Association of Personal Financial Advisors Consumer Education Foundation and Kiplinger's Personal Finance magazine to help people across the nation with alarming rates of debt, negative savings and other economic concerns.

The bus, which recruits local advisers at each stop, has attracted hundreds of people seeking answers. Free tool kits have information about debt reduction and saving.

The bus will be on site today until 3 p.m.

-- Journal report

Journal photo / Frieda Squires
Michel Mercier of Westerly unfolds his kite surfer at Salty Brine Beach in Galilee this afternoon, with 15-18 knots of wind coming off the water. With a cold front coming through, a small-craft advisory for coastal waters is on for tonight and will continue tomorrow for Narragansett Bay and Block Island Sound. For a sense of what it was like to actually take off from the shore, watch this projo.com video.

Get the latest local conditions and forecasts at: projo.com/weather

Journal photo / Bob Thayer
Larry Bonoff stands with movie director Michael Corrente during a press conference today as slides of former Warwick Musical Theatre performers, such as the late comedian George Carlin, flash on the screen behind them.

By Rick Massimo
Journal music writer

PROVIDENCE -- The Warwick Musical Theatre may have closed in 1999, but the 45 years of memories "the Tent" created will live on in two ways.

At a nostalgia-laden news conference today at the Providence Performing Arts Center, Larry Bonoff, the former general manager of the Warwick Musical Theatre, announced a partnership with the University of Rhode Island that will see his collection of more than 10,000 pieces of memorabilia and artifacts - from tickets to photos to financial records and more - housed at the university library.

"This is a dream come true," Bonoff said of the collection, which spans four generations of his family's involvement in show business, including the Tent and a theater in Arizona that they owned.

Bonoff also announced the beginnings of a documentary on the Tent that will premier next fall, in coordination with the 10th anniversary of the closing of the theater.

Brian C. Jones, a lawyer from Washington, D.C., who grew up in Rhode Island and worked at the theater for 14 years, is producing the film, and Rhode Island-based director Michael Corrente is acting as a consultant.

Jones said that the film would consist largely of old footage from shows at the Warwick Musical Theatre, as well as interviews with former employees and with Rhode Islanders who enjoyed the shows for 45 years. Jones said that he is looking for input from the public. The best stories and footage will end up in the film. To submit a story, go to the Bonoff Web site, and click on WMT Movie Info, or e-mail brian@wmtmovie.com

The documentary will be a nonprofit venture. Proceeds will go to the Bonoff Family Fund, which supports the Bonoff Theatre Fund at URI and theater-arts scholarships through the university's Dean's Excellence Fund; diabetes research and cancer research. (Bonoff's father, Buster, and mother, Barbara, died of the two diseases, respectively.)

Journal photo / Bob Thayer
Catwoman peers out from the windows of the Rhode Island Costume shop on Westminster Street in Providence. Over the weekend, more signs of Halloween popped up around the area, as homes were decorated and pumpkins carved before the spookiest day of the year.

Did you lock into a heating oil contract ...

... when the price was near record highs earlier this year? Have you tried to renegotiate since? Providence Journal business reporter Timothy C. Barmann would like to talk with you, for a possible story on the topic.

If you're interested, please contact Barmann as soon as possible, at tbarmann@projo.com or by calling 277 -7369. Please give your name, a phone number and/or an e-mail address where you may be reached during business hours. Thank you.

Have a famous name ...

...but aren't famous? For example, your name is George Bush but you've never been president? Elizabeth Taylor but you've never been in movies? Harry Potter but you're real?

Providence Journal staff writer G. Wayne Miller wants to hear from you for a story and an Our World video he is producing. Please e-mail Miller, with your name, e-mail address and or a daytime phone number, at gwmiller@projo.com.

First broken bone ...

Miller is also writing a story and shooting an "Our World" series video of a child's first broken bone -- one that requires a cast. If your child has recently broken his or her first bone and is still in a cast (and on crutches, in the case of a broken leg) and you are interested in being profiled, please contact Miller at gwmiller@projo.com

By Steve Peoples
Journal State House bureau

PROVIDENCE -- Thousands of rank-and-file union members will vote next week on a four-year contract that will increase their health care costs, delay pay increases in the first year, and boost co-pays for emergency room care and specialists.

The tentative agreement reached this week with Council 94, American Federation of State, County & Municipal Employees, is aimed at resolving a three-month standoff that jeopardized roughly $10 million in savings needed to balance the state budget.

But the governor's office has refused to say whether the new agreement produces the necessary savings. And the "memorandum of settlement" obtained by The Journal today suggests that the deal contains concessions that could further endanger the state's already-precarious fiscal situation.

"We're not going to talk about [the agreement] until they have a chance to vote," Carcieri spokeswoman Amy Kempe said today, adding that discussing financial impacts may "compromise the integrity of the process."

The 22 local unions that make up Council 94 will begin voting on the deal as early as Tuesday, according to Council 94 executive director Dennis Grilli. His members soundly rejected a similar deal in July.

"It's tweaked a little bit," Grilli said of the latest proposal. "Although it's not the greatest package, we think it's a package that will secure the future for our members."

Indeed, the governor and organized labor agreed to the tentative agreement just before court-ordered arbitration began. Given the state's weakening economic situation, the arbitrator could have decided to force a new contract on Council 94 that was worse than the deal its members already rejected, according to Council 94 president Michael Downey.

"I'd rather have a contract by us deciding it," said Downey, who was a vocal opponent of the previous agreement. "I'll be voting for it."

By Steve Peoples
Journal State House bureau

PROVIDENCE -- The governor's office has confirmed that a private consulting firm is working with state officials on plans to transform Rhode Island's Medicaid system.

The Lucas Group, which has offices in Boston and Toronto, is working on the state's "Global Medicaid Waiver" negotiations with federal officials on a "voluntary basis," according to Governor Carcieri spokeswoman Amy Kempe.

"We are not engaged with Lucas. There's no contract," she said. "It's strictly voluntarily offering advice and guidance."

She could not say how Lucas became involved in Rhode Island's negotiation, which the governor says will save taxpayers $67 million this year by giving the state flexibility to restructure health care programs for the poor, elderly and disabled in exchange for a cap on spending.

But Kempe did confirm that Lucas employs John Stephen, a former New Hampshire health and human services commissioner, and recently failed Republican candidate for Congress in the Granite State's First District.

Stephen is a longtime friend of Rhode Island's director of human services, Gary Alexander. The two spent a day campaigning together in New Hampshire in July.

Alexander was recently shifted from managing day-to-day operations at DHS to focusing on Medicaid issues, which include obtaining the global waiver.

>> Continue reading: Consultant giving R.I. help on bid to reform Medicaid

Journal photo / Kathy Borchers
Hideko Tamura, one of the last survivors of Hiroshima, spoke to students at Shea High School this afternoon about her personal experiences.

PAWTUCKET -- Through the memories of Hideko Tamura, the students of Shea High School traveled back in time today to a sunny August day in 1945 in Hiroshima, Japan, when a great "boulder of radiation came down like a waterfall."

Tamura was 12 years old at the time, several years younger than her Shea listeners. American involvement in World War II was in its fourth year, and the United States had just dropped the first atomic bomb on her city, known then as the Venice of the Orient.

Now 75, Tamura still remembers the swishing sound the bomb made, the way it threw her off her feet, like an earthquake, and the tremendous heat of the explosion, which incinerated everything and everyone at its epicenter, including her mother.

Tamura spoke to about 400 students to help raise awareness about impact of nuclear weapons on behalf of the Hiroshima Peace Culture Foundation, which says the human race is nearing a turning point in deciding its long-term survival on earth.

With the spread of nuclear technology in a volatile political landscape worldwide, a decision will be made in the next two to three years whether to ban these weapons or allow all nations to have them, according to Steven L. Leeper, the executive director of the Hiroshima Peace Culture Foundation.

Today's presentation was one of about 140 events that the foundation has undertaken throughout the United States during the last 18 months in a campaign calling for worldwide nuclear disarmament.

Lawyers met in Kent County Superior Court this morning to sign the stipulation dismissing the $1.1 million lawsuit filed against the Town of West Warwick by the School Department.

"The agreement was enacted as of last night when it was accepted," said Town Solicitor Timothy A. Williamson.

Under the deal, the so-called Caruolo lawsuit was dismissed with prejudice, and the town agreed to pay three oustanding debts the School Department owes totaling $1,162,343.

in addition, the agreement encourages open dialogue between the School Committee and Town Council, and requires the School Committee to hire a labor attorney to negotiate contracts.

The Town Council has placed an item on its agenda for Tuesday to withdraw the necessary money from the town rainy day fund.

Journal photo / Bob Thayer
Maple leaves land in a graceful pattern on Washington Street in Providence. Share your autumn views by uploading photos to our slideshow, and see what others have snapped.

Journal photo / Glenn Osmundson
A wild turkey crosses West Shore Road in Warwick this afternoon. Perhaps it would rather take its chances with a car than a hunter; it's fall turkey hunting season this month in Rhode Island, albeit for archers only.

By Katherine Gregg
Journal State House bureau

The leadership of the state's largest state employees union reached a proposed contract settlement with the Carcieri administration today, on the day before an arbitrator was queued up to begin hearing the high-stakes dispute that affects the state budget and the pocketbooks of thousands of state workers.

In a brief interview after the governor's office announced the signing of the "memorandum of settlement,'' Dennis Grilli, executive director of Council 94, American Federation of State, County & Municipal Employees, said the proposal is similar - but not identical - to the contract rejected by his membership this summer.

Asked specifically if he believed the new health-care cost proposal was "fairer'' to those low-wage workers that were the thrust of Council 94 President J. Michael Downey's concerns, Grilli said: "We believe it is.''

The governor's statement was brief. It said "a memorandum of settlement has been signed by the State and Council 94 leaders....(that) will now be presented to the union membership for ratification. No additional comment on or details of the agreement will be made public until after the union members have voted.''

"Unfortunately, this was a long process to get us to this point," said Governor Carcieri. "There is no question that the state is facing even more fiscal challenges now than when the original agreement was reached with union leaders in June. This agreement will allow the State to attain the cost savings originally projected, and it is my hope that the union membership will ratify the agreement quickly."

He did not elaborate, but the current state budget was hinged in part on at least $10 million in personnel savings, including higher-payments by Council 94 members - along with other state workers - to their health care.

Asked how and why the governor still expected to achieve the savings hinged on early-summer passage of the new contract, his spokeswoman Amy Kempe said: "We are not going to comment on the settlement until the union members have a chance to vote on it.''

As a result of the proposed settlement, both parties have agreed to postpone the arbitration hearing until union membership votes. Council 94 members are expected to vote on the memorandum of settlement on or before Oct. 24.

Those signing the agreement included Department of Administration Director Jerome Williams for the state, and Grilli, Downey and Council 94 vice president Jonathan Braddock, among others.

Journal photo / Bob Thayer
Tourism officials from across the region are gathering in the Blackstone Valley this week for a summit to discuss creating and marketing their communities as visitor destinations. Today, they met at the historic Slater Mill in Pawtucket for speeches and a round-table discussion called "Put the heart back in your community" and, above, lunch.

Rhode Islanders know how important Narragansett Bay is as a fertile estuary for fish and shellfish. This week, some 900 people are in Providence to learn about the Bay and other estuaries around the country.

The 4th Annual Conference on Coastal and Estuarine Habitat Restoration has attracted scientists, environmental activities and engineering firms and others who work on estuary restoration.

Rhode Island's own Save The Bay is one of the organizers of Restore America's Estuaries, the group sponsoring the conference, which runs until today at the Rhode Island Convention Center.

Yesterday, the group honored U.S. Sen. Sheldon Whitehouse, a member of the Senate Environment and Public Works Committee, for his work in supporting coastal and estuary restoration projects. The group gave the Rhode Island Democrat its 2008 "Coastal Habitat Restoration Champion Award."

-- Journal environment writer Peter B. Lord

WEST WARWICK -- The West Warwick School Committee is meeting tonight to vote on proposed settlement of the so-called Caruolo action it filed against the town in April.

The lawsuit seeks $1.4 million more in operating funds from the town, for the fiscal year that ended June 30.

No details of the proposed settlement have been released as of yet, but School Committee Chairman Daniel T. Burns said that the general tenets are "well known. We're going to cooperate [with them] in the future. They will pay our bills."

Previous settlement offers suggested the Town Council and School Committee meet on a regular basis to discuss financial matters, and also proposed consolidating some offices, such as the financial departments, of both entities.

The settlement would stave off the trial set to begin on Monday in Kent County Superior Court, and allow the district to focus on a projected $4 million deficit for the current fiscal year.

"We've got to concentrate on this school year," Burns said. "This is ancient history. It's been dragging on too long."

The Town Council has yet to vote on any proposed settlement, said Acting President Peter F. Calci Jr., but will meet on Thursday to discuss the offer.

-- Journal staff writer Talia Buford

BOSTON (AP) -- Sen. Edward Kennedy, who has been in treatment for brain cancer, was taken by ambulance to a hospital near his Cape Cod home Friday after complaining of feeling ill.

A 911 call from the Kennedy compound in Hyannis Port came around 5 p.m. Friday, said Barnstable police Sgt. Ben Baxter. Kennedy was taken to Cape Cod Hospital and was "alert and responsive" during the trip, Baxter said.

Representatives for the Massachusetts Democrat, who is the father of Rep. Patrick Kennedy of Rhode Island, and the hospital did not immediately return calls for comment.

Kennedy had a seizure in May and underwent surgery in June for a malignant brain tumor. After undergoing six weeks of chemotherapy and radiation treatment, he has been steadily increasing his public activity.

Get the latest from the Associated Press ...

BURRILLVILLE -- Town officials gathered for an emergency planning meeting this afternoon and eyed the town's dams as heavy rain sopped the region.

"We're prepared for the weather," the town's manager, Michael Wood, said following a meeting with public works officials and police Lt. Kevin S. San Antonio.

Many of the town's lakes, including Wallum Lake, were drained down this week as part of normal preparations for the coming winter, Wood said.

"It's actually going to be a benefit," he said.

Nonetheless, town workers will regularly measure the heights of local waters and drain them even further if necessary, he said.

The town's public works department will keep a crew on standby through the weekend, Wood said.

-- Journal staff writer Mark Reynolds

From the National Weather Service, at 12:15 p.m.:

AN EXTENDED PERIOD OF HEAVY RAIN IS EXPECTED ACROSS SOUTHERN NEW ENGLAND THROUGH SATURDAY NIGHT. RAIN HAS BEEN FALLING ACROSS THE REGION THROUGH THE MORNING. RAINFALL AMOUNTS HAVE RANGED UP TO ONE QUARTER OF AN INCH ACROSS NORTHEAST MASSACHUSETTS INTO SOUTH CENTRAL NEW HAMPSHIRE TO OVER 2 INCHES ALONG THE SOUTHWEST COAST OF RHODE ISLAND THROUGH 11 AM THIS MORNING. THE RAIN WILL CONTINUE...HEAVILY AT TIMES...THROUGH THIS AFTERNOON.

PERIODS OF RAIN WILL CONTINUE TONIGHT THROUGH SATURDAY NIGHT. THE RAIN WILL CONTINUE TO FALL HEAVILY AT TIMES BEFORE FINALLY COMING TO AN END SOMETIME EARLY ON SUNDAY. TOTAL RAINFALL AMOUNTS LOOK TO RANGE BETWEEN 3 AND 5 INCHES WITH ISOLATED 6 INCH AMOUNTS POSSIBLE.

THESE RAIN AMOUNTS MAY CAUSE FLOODING ACROSS URBAN CENTERS AND POOR DRAINAGE AREAS. ROADWAYS COULD BECOME IMPASSABLE AT TIMES. A SECONDARY CONCERN WILL BE THE POTENTIAL OF PERHAPS SOME MINOR RIVER FLOODING.

A FLOOD WATCH MEANS THERE IS A POTENTIAL FOR FLOODING BASED ON CURRENT FORECASTS.

YOU SHOULD MONITOR LATER FORECASTS AND BE ALERT FOR POSSIBLE FLOOD WARNINGS. THOSE LIVING IN AREAS PRONE TO FLOODING SHOULD BE PREPARED TO TAKE ACTION SHOULD FLOOD

The current temperature is 64 degrees.

But cast back to a year ago today, when a record high for the date was set, with a temperature of 89 degrees.

Go to the latest alerts, observations, forecasts and discussions, as well as reports from spotters around the region, by clicking here.

Journal photo / Steve Szydlowski
Governor Carcieri signs the contract today with Christopher Brown, CEO of Deepwater Wind, whose company was chosen to construct a $1.5 billion wind energy project off the coast of Rhode Island. The project would be one of the largest private development projects ever in the state, with 100 wind turbines; a model is on the signing table. Deepwater, a three-year-old company, beat out six other wind farm developers. The exact location has not been chosen, and regulatory approvals are required.

By Katie Mulvaney
Journal staff writer

A federal appeals panel today upheld a lower court's dismissal of a suit accusing state police of violating the civil rights of seven Narragansett Indians arrested during the 2003 raid on a tribal smoke shop.

Three 1st U.S. Circuit Court of Appeals judges found that the suit lacked necessary detail about the claims brought against the state troopers. In their appeal, the Narragansetts had accused police of arresting them without probable cause.

"Our precedent is clear," the court wrote, "that courts 'must always exhibit awareness of the defendant's inalienable right to know in advance the nature of the cause of action being asserted against him'."

The court also rejected the Narragansetts' assertion that the U.S. District Court had erred in refusing their motion to amend the suit because they needed more time to unearth further information to support the allegations that the state police used excessive force.

The seven Narragansetts sued the state police on July 13, 2006, alleging they had violated their Constitutional rights when they executed a search warrant to stop the tribe from selling tax-free cigarettes at a roadside shop on tribal land in Charlestown three years earlier. The raid erupted into a confrontation in which those Narragansetts were arrested.

Yesterday's ruling upholds U.S. District Court Judge William E. Smith dismissal of that suit. In his decision, Smith characterized the civil suit as a "placeholder of sorts" if the U.S. Supreme Court reversed an appeals court finding that the state police had authority to enforce Rhode Island laws on the tribe's land. Smith called the complaint "legally insufficient and on its face plainly fails to state a claim."

The Supreme Court did not reverse the appeals court ruling.

Journal photo / Steve Szydlowski
Demetrius Andrade, 20, of Providence, a 2008 U.S. Olympian and reigning World Amateur Boxing welterweight champion, holds his daughter, Autum, 2, at a press conference at the Dunkin' Donuts Center today to announce his professional boxing debut. Video: Watch the video Read more about his plans on projo.com's Sportsblog.

Journal photo / Kathy Borchers
Cooler autumn weather brought out the sweaters and sweatshirts today as children played in parks around Providence. Aubrey McVay, left, Pawtucket, and Ella Maher-Santarpia, Providence, were swinging at Lippitt Park on the East Side in the late-morning sun.

By John E. Mulligan
Journal Washington bureau

After languishing for months in disagreements over how to pay for it, Rep. Patrick J. Kennedy's signature mental health bill has come alive today in separate House and Senate proceedings.

But the mental health parity bill is far from a sure thing as Congress rushes to bail out the financial system, come up with the money to keep the government running and finish the rest of its "must'' legislation before it adjourns for the remainder of the campaign season.

In keeping with this week's frantic atmosphere on Capitol Hill, the parliamentary outlook for the mental health parity is complex. Ostensibly, the chances for a bill-signing ceremony with President Bush look good, because Rhode Island Democrat Kennedy and his allies have mustered overwhelming support in both houses for their effort to make insurance companies cover mental illness on the same footing as physical illness.

But in order to beat the legislative clock, mental health advocates are pursuing a two-track approach that could yet come up short.

About a year ago the Senate unanimously passed a version of the bill that enjoyed broad support from the mental health lobby, the insurance industry and business interests generally. That represented a victory for the longtime chief Senate sponsors of the initiative, including Rep. Kennedy's father, Sen. Edward M. Kennedy, D-Mass., and Sen. Pete V. Domenici, R-N.M.

The House followed suit early this year with a more generous version, co-sponsored by Patrick Kennedy and Rep. Jim Ramstad, R-Minn., that risked opposition from business groups. The two men were linked by their experience as alcoholics who found recovery in part because they had medical insurance that covered addiction treatment.

After months of negotiations, supporters of the two bills struck a compromise on the workings of the equal insurance coverage for mental patients and addicts. But differences persisted over how to cover the cost of the new system. Budget and tax writers in the two houses made strides on that front over the summer, tentatively settling on a plan to attach the mental health bill to a big package of tax legislation considered a good bet for passage. But that deal failed to materialize before Congress adjourned for its summer recess.

This afternoon, the House debated and appeared likely to pass a stand-alone mental health bill that embraces the earlier compromise on how parity would work, plus a new financing mechanism considered broadly acceptable to the Senate.

Early this evening, the Senate passed its tax extenders bill, 93 to 2, which includes the mental health parity bill. The House was voting on its version of the legislation as of 6:30 p.m.

The bill is "fully paid for, bipartisan, bicameral and a compromise,'' Kennedy declared during a floor debate filled with tributes to how he and Ramstad have used their personal experiences to advance the larger cause of mental health.

"Treatment works'' for mental illness and addiction, Kennedy said. "If you're a member of Congress you have treatment options,'' he added, arguing that all Americans should enjoy such options. Kennedy said the stigma attached to mental illness cannot be removed until insurance discrimination is outlawed.

>> Continue reading: Update: Congress acting on Kennedy's mental health bill

By Tracy Breton
Journal staff writer

PROVIDENCE -- Lawyers for some of the parties sued by the victims of The Station nightclub fire say they need a few more days to file a response to a proposed plan for reviewing settlement offers to those who lost loved ones or were injured in the disastrous blaze.

The victims have been offered more than $176 million by a raft of defendants they have sued in connection with the Feb. 20, 2003, fire. If the court and all the victims approve the settlement offers and a plan of distribution for the proceeds, there will be no trial of the civil suits.

The fire at the West Warwick nightclub began when sparks from fireworks set off by the rock band Great White ignited highly flammable polyurethane foam that the owners of the club, Michael and Jeffrey Derderian, had installed as soundproofing. One hundred people died; more than 200 others were injured.

A special master is devising a grid that would apportion the settlement proceeds among the victims based on such factors as severity of injury and number of dependents. Some victims say they have meetings scheduled this week to meet with their lawyers regarding the settlement process.

On Sept. 9, lawyers representing the fire victims asked Senior U.S. District Court Judge Ronald R. Lagueux -- who is presiding over the fire cases -- to set up a timetable for reviewing the proposed settlements and to establish scheduling orders to speed up the process by which the victims can get their money.

To date, there has been no response from the court.

But today, lawyers representing foam manufacturers sued by the victims filed papers asking Lagueux to give them until Monday, Sept. 29, to file a response to the plaintiffs' scheduling proposal. They say they have conferred with the lawyers representing the victims and that the victims' lawyers have agreed to extend the time.

The special master, Duke University law professor Francis E. McGovern, has declined all requests for interviews. But the fire victims have been told in letters from their lawyers that his grid will consist of a "point system" that for the dead victims, will factor in such things as the decedent's age, marital status, education, number and ages of children and annual income.

Journal photo / Sandor Bodo
A "peace pole' created by Coventry High School students is dedicated today at the Paine House Museum in Coventry. A six-sided structure, it shows the prayer "May Peace Prevail on Earth," written in six languages: English, German and French, and the ancient languages of Baelic, Breton and Native American translation. Gordon Nemier (Gordon Two Bear Stands,) a chief of the Kenner Creek Metis Clan, and Nancy Nemier (Nancy Dove Spirit Dancing), his wife, perform a purification ceremony. The event, sponsored by the Western R.I. Civic and Historical Society, followed the celebration yesterday of the International Day of Peace. The pole was designed by Sister Cities International and constructed by the carpentry students at Coventry High School. Watch video of the dedication.

Journal photo / Gretchen Ertl
Ellen Johnson Sirleaf, president of the Republic of Liberia, appeared at Brown University's Sayles Hall today. While she may be known internationally as Africa's "Iron Lady," this photo captures the soft shimmer of her pearls. Video: See more of her visit, and the warm reception she received.

PROVIDENCE -- Liberian President Ellen Johnson Sirleaf said today her country has made significant progress but has a long way to go before emerging from decades of violence and mismanagement.

The president made the remarks at Brown University this afternoon, while on campus to accept an honorary degree. It was making her second visit to Providence.

Sirleaf stopped in Rhode Island, which has an estimated Liberian population of 10,000 to 15,000, in March 2006 shortly after taking office.

She is the first democratically elected woman to serve as a head of state in Africa.

-- Journal staff writer David Scharfenberg

By Edward Fitzpatrick
Journal staff writer

The state Supreme Court today rejected, on technical grounds, an appeal filed on behalf of "gap kids" who were charged as adults during the 130 days when Rhode Island prosecuted 17-year-olds as adults.

In 2007, Governor Carcieri proposed saving money by treating 17-year-olds as adults in criminal matters, and the General Assembly adopted the idea, which was based on the notion that the Adult Correctional Institutions would prove cheaper than the Training School. But the savings proved to be questionable, at best, and the Assembly soon repealed the law. But the repeal was not retroactive, so that created a population of about 500 "gap kids" charged as adults between July 1 and Nov. 8, 2007.

In July, the Supreme Court ruled that those teenagers are entitled to Family Court hearings to determine if they should be tried in adult courts. But while it had broader implications, that ruling technically only applied to Ryan Greenberg, charged in the Barrington boating death of a friend, and to Harold Chartier, a teenager charged with simple assault, a misdemeanor.

Today's ruling dealt with an appeal that the public defender's office filed, under the heading "State v. John Doe," on behalf of "gap kids" that it represented in Superior Court and other "gap kids" who lacked their own lawyers. The public defender sought to dismiss those cases or transfer them to Family Court.

"Although we recognize the seriousness of the issues presented by the short-lived jurisdictional amendment and we commend counsel and the trial justice for their efforts on behalf of juveniles accused of criminal behavior, as well as the expeditious handling of this controversy, we are persuaded that this appeal is not properly before the court," the Supreme Court said in today's order.

"The parties candidly acknowledge that 'John Doe,' who was identified as the aggrieved party in the case, is not a real person. Significantly, the record before us is devoid of any indictment or criminal information upon which the order of dismissal may rest," the court wrote. "Further, a list of names appended to the omnibus motion to dismiss or transfer jurisdiction does not alter the result in this case. Accordingly, the appeal is denied."

Chief public defender John J. Hardiman said the order has no immediate impact on the "gap kids" his office represents because the Supreme Court has already spoke on how such cases should be handled. Many of the teens have already had their cases resolved in Family Court, and others are awaiting hearings to determine if they will be prosecuted in adult courts, he said.

Meanwhile, in the Greenberg case, a trial date of Jan. 26 was set this morning.

>> Continue reading: R.I. high court rejects appeal filed on 'gap kids' behalf

How do thls week's Wall Street developments affect you?

Providence Journal MoneyLine columnist Neil Downing -- who's been on top of the question all week -- hosted a live chat with projo.com readers at noon today.

Read the transcript

The chat lasted an hour. If you missed your opportunity to ask Downing your question, you may also contact him for possible replies via his MoneyLine column. Call (401) 277-7484 and leave a message, or e-mail: moneyline@projo.com

Be sure to include your name, hometown and home phone number in case he needs to reach you. Sorry, no personal replies; as many questions and issues as possible will appear in the columns.

Take a look at Downing's reports this week, plus more stories with Rhode Island angles, at: projo.com/business/yourmoney

PROVIDENCE - Defense lawyers are expected to call several staff members of The Village at Elmhurst, an assisted living center, where former North Providence Sen. John A. Celona worked as a paid consultant, to the witness stand this morning in federal court.

The witnesses are expected to tell jurors in the corruption trial of two former Roger Williams Medical Center executives that Celona worked long hours as an advocate for the The Village at Elmhurst, which is affiliated with Roger Williams Hospital. The government rested yesterday and the defense is expected to call witnesses for several days.

Testimony begins at 9 a.m. and runs until 1 p.m.

On trial are Robert A. Urciuoli, former president of the hospital; and Frances P. Driscoll, once the hospital's vice president of external affairs. They are accused of buying Celona's services in exchange for influence he could have on legislation that was favorable to the financially-strapped hospital.

Read coverage of yesterday's testimony.

Read the Journal's continuing coverage of the trial

By Tom Mooney
Journal staff writer

Watch the video

SEEKONK, Mass. -- Scores of wishful thinkers descended on the Ramada Inn today carrying their old gold and coins in hopes of making a few dollars.

The event, which extends through Saturday, is being run by a company called Anderson, Carter Tyre & Associates, which is offering cash for items it feels are worthwhile.

Organizers rented out a wing of first-floor hotel rooms where 15 buyers waited in their individual rooms to appraise the goods coming in. Workers directed visitors looking to sell coins to rooms on one side of the hall, jewelry sales to the other.

Most of those arriving this morning were middle-aged women and elderly couples. Much of what they were prepared to part with, they said, had just been hanging around the house for years -- if the price was right. Their motivation? Curiosity more than economic desperation.

Tom Zelano of Johnston drove his mother, Lucy, to the event on the one-year anniversary of his father's passing. They brought with them an envelope stuffed with German and Japanese currency, which Robert A. Selano, a World War II veteran, had collected during the war.

"I saw the ad in the newspaper and thought, `What am I going to do with it?' Let's go see what we can do,'' said Lucy Zelano.

She was disappointed in the end. An appraiser offered her only 3 cents for each bill. She told her son to hand on to the money: "In another 20 years they may be worth something.''

The state Board of Elections will hear protests today over the results of two primary elections last week after recounts left the apparent winners ahead.

Longtime state Sen. Stephen D. Alves of West Warwick is asking for a new election after the recount gave Michael J. Pinga, a baker and political neophyte, 996 votes, compared to Alves' 977.

Alves contends there are discrepancies between the number of ballots cast and the number of corresponding signatures for voters.

The Board of Elections has not granted a reelection in recent memory, said Chairman John A. Daluz.

A recount also affirmed Erin P. Lynch's victory in last week's Democratic primary for a Warwick Senate seat. But the board will hold a hearing today at the request of her opponent, David Bennett, to further examine ballots.

That recount dropped a vote from Bennett's Tuesday night tally, giving him 848 votes to Lynch's 859.

If Lynch prevails, she will face Republican Thomas M. Madden in November for the District 31 seat held by Democrat John C. Revens Jr. Revens, who has served in the Senate for four decades, chose not to seek reelection.

-- With Journal reports

Journal photo / Bob Thayer
"Turn your oar a little more forward," says instructor Kenneth Greer, left, of East Providence as he teaches Jeffrey Brock of Providence the intricacies of how to row a single scull on the Seekonk River near the Narragansett Boat Club in Providence. Brock and a dozen other students spend every Tuesday morning, weather permitting, learning proper rowing technique from Greer. Lessons are open to the public.

By Timothy C. Barmann
Journal staff writer

At the end of the second day of financial turmoil on Wall Street, shares of Rhode Island companies were mixed, with some getting a boost, while others suffered big drops.

The good news for local investors is that for the year, a majority of the 14 companies are faring better than the S&P 500 index, which is down about 19 percent since Jan 1.

Today's biggest local decliners were Towerstream, which closed at $1.01 a share, down 13 cents or 11.4 percent; and Astro-Med, which closed at $8.82, down 86 cents or 8.9 percent. Towerstream's decline followed a 4.2-percent drop yesterday.

Towerstream, based in Middletown, sells wireless, high-speed Internet access services to companies in several markets across the country. Astro-Med, based in West Warwick, designs and makes a range of specialty printers and electronic instruments.

Shares of Providence-based Textron fell 73 cents or 2 percent to close at $34.54, to set a new 52-week low. That followed a drop of $2.65 a share, or 6.8 percent yesterday. The conglomerate has now lost half of its market value since the beginning of the year.

Shares of CVS Caremark closed at $36.13, down 39 cents or 1.1 percent today. That followed a drop of $1.12 or 3 percent yesterday. CVS is down 9.1 percent for the year.

The two companies that experienced the biggest declines yesterday, Capital Properties of East Providence and Washington Trust of Westerly, recovered them today.

Capital Properties, which owns the land beneath several prominent buildings in downtown Providence, gained $1.45 or 6.7 percent to close at $23.20 a share today. That followed a decline of a decline of $1.65 or 7.1 percent yesterday.

Washington Trust, which offers banking and wealth management services, rose $1.89 or 8.5 percent to close at $24.15. Shares had fallen $1.85 or 7.7 percent yesterday.

Several of the companies posted modest gains both yesterday and today. They include Bancorp Rhode Island, FGH International, KVH and LIN TV.

The company with the best performing stock so far this year has been Pawtucket-based Hasbro, which has seen its share price increase by 49 percent since Jan. 1.

Today, shares of the giant toymaker were up 64 cents or 1.7 percent, to close at $38.11. Shares fell 41 cents or 1.1 percent yesterday.

Stock watch: 14 Rhode Island-based companies

Keep up with these R.I. companies, stock markets and your own stocks, at projo.com's Market Watch page.

By Mike Stanton
Journal staff writer

PROVIDENCE -- Former Blue Cross president Ronald Battista and a lobbyist for United Healthcare followed Roger Williams Medical Center lawyer Kim O'Connell to the stand today in the retrial of the federal corruption case against two former hospital executives.

They testified about former state Sen. John Celona's role in arranging meetings between the two health insurers' CEOs and former Roger Williams president Robert A. Urciuoli in 2002 and 2003 to help resolve the hospital's concerns that it wasn't being paid enough for medical treatment.

Battista testified that he attended a meeting at Celona's State House office in the fall of 2002 regarding Urciuoli's concerns that Roger Williams was in financial peril and needed Blue Cross to increase its reimbursements to the hospital.

Although Blue Cross already had a contract with Roger Williams, and Battista said that he did not normally involve himself in negotiations, he said that he agreed to attend the State House meeting. Prosecutors contend that he did so because of pressure from Celona, who chaired the Senate committee that handled health-care legislation.

Battista was not allowed to say why he attended the meeting when asked by Assistant U.S. Attorney Luis Matos, following defense objections. But in response to a question from Urciuoli's lawyer, Battista said that he did so out of concern for a major Blue Cross partner.

According to Battista, Celona opened the meeting by saying that he understood Roger Williams was having financial difficulties, and "he hoped the hospital and Blue Cross could get together and solve those difficulties.'' Urciuoli then outlined the hospital's plight.

Battista said that he came to the meeting prepared with a three-point plan: that Roger Williams undergo an "accounting evaluation'' and a review of its efficiency, and that it also agree to give Blue Cross a discount on costs if it charged other insurers less for various procedures.

That culminated in another meeting in Celona's State House office in early July 2003, during which independent auditors reviewed their findings that Roger Williams was entitled to an additional $3.6 million. Battista said that payment of the money was still contingent upon Roger Williams agreeing to the discount matching other insurers.

But a few weeks later, Blue Cross sent the hospital a check for $3.6 million, even though the discount issue had not yet been resolved. Battista explained that that was because Blue Cross still had "leverage'' over Roger Williams by withholding an additional $2 million in additional reimbursements.

>> Continue reading: Witnesses: Celona a go-between for insurers, hospital

By Karen Lee Ziner
Journal staff writer

PROVIDENCE -- A Superior Court judge today denied a request for a temporary restraining order to prevent the state from requiring its vendors to screen new hires through a federal E-Verify program that determines whether those hires can legally work in the United States.

But Judge Mark A. Pfeiffer also found that the Department of Administration "more likely than not" violated the rule-making requirements of the Administrative Procedures Act, and must now publicly announce a new rule pursuant to that act.

Until then, the state will not be allowed to terminate any existing contracts, and current vendors are not required to register with E-Verify until further notice.

The complaint was filed by the American Civil Liberties Union/Rhode Island affiliate and three other plaintiffs, against Governor Carcieri and Administration Director Jerome Williams. The governor's March executive order on illegal immigration in part directs the DOA to use the E-Verify system.

The ACLU said, "Although our request for a restraining order was formally denied, we are pleased that the judge in essence granted us one. By acknowledging that the state clearly violated the Administrative Procedures Act in implementing the program, and by preventing the state from taking any action for the foreseeable future against vendors who do not register with it, the court has temporarily halted state enforcement of this flawed program, as we had requested," the ACLU stated.

The governor, in a statement issued by his office, said, "We are pleased with the judge's decision to deny the temporary restraining order, which allows the Administration to move forward in requiring vendors to use E-Verify. More importantly, the decision clearly recognizes that my Executive Order was within my authority and allowed by the state's Constitution."

Carcieri said that in accordance with Judge Pfeiffer's decision, the administration department "will immediately move forward to promulgate a purchasing regulation that expressly requires vendors who are doing business with the State of Rhode Island to use E-Verify."

Extra: Read Judge Pfeiffer's 7-page decision

PROVIDENCE -- Erin P. Lynch has kept her lead over David Bennett in the Democratic primary to vie for the Senate District 23 seat in Warwick.

After a recount at the state Board of Elections this afternoon, Lynch was ahead of Bennett by 11 votes, 859-848. Bennett lost one vote in the recount.

But the nomination isn't secured yet. Bennett's lawyer, Angel Tavares, has filed a protest on the candidate's behalf with the state Board of Elections. But it's not certain yet what grounds they'll use to challenge the outcome,Taveres told a reporter this afternoon.

Bennett's protest is expected to be heard this Wednesday, along with a protest filed by state Sen. Stephen Alves, who appears to have lost his seat after a recount earlier today.

Neither race will be certified and the winner officially declared until after the protests are decided.

Both Lynch and Bennett are newcomers. Four-decade incumbent Democrat John C. Revens Jr. is stepping down from the District 23 seat. The primary winner will face Republican Thomas M. Madden in November.

-- With reports from Journal staff writer Talia Buford

By W. Zachary Malinowski
Journal staff writer

PROVIDENCE -- The prosecution called state Rep. Joanne Giannini, D-Providence, as a witness today in the federal corruption trial of two former Roger Williams Medical Center officials, but her appearance was brief and she offered little to advance the criminal case against Robert A. Urciuoli, the hospital's former president; and Frances P. Driscoll, once a senior vice president.

Giannini testified that she had lunch with Driscoll and former North Providence Sen. John A. Celona, at Camille's, an upscale Italian restaurant on Federal Hill. She had no memory of when they had lunch and, for the most part, they exchanged pleasantries. Giannini said there was some talk about treatment for patients with cancer, seeing that her mother had recently succumbed to the disease.

Dulce Donovan, an assistant U.S. attorney, attempted to pose dozens of questions to Giannini. Almost every one was met by objections from Howard Cooper, one of Urciuoli's lawyers. Chief U.S. District Court Judge Mary M. Lisi sustained nearly all of Cooper's objections.

Giannini testified that she never spoke to Driscoll about the hospital's position on health-care legislation that could help the struggling medical center. She spent about 35 minutes on the witness stand. After a five-minute sidebar session, Donovan abruptly ended her redirect examination of Giannini.

Urciuoli and Driscoll are accused of hiring Celona in exchange for the influence he had on healthcare legislation that would benefit the hospital. They are being retried in federal court after an appeals court overturned their 2006 convictions based on the judge's instructions to the jury.

This morning, Thomas L. Slowey, the hospital's chief financial officer in the late 1990s, testified that Roger Williams agreed to pay Celona's entire salary, $700 per week, at the Village of Elmhurst, an affiliate of the hospital, off the hospital's books.

Catch up with coverage of the trial, and find out more about Operation Dollar Bill, at projo.com's continuing special report.

Journal photo / Frieda Squires
The Portsmouth Fire Department honors the firefighters who died on Sept. 11, 2001, after a terror attack on the World Trade Center in New York, by placing a memorial at their own station on East Main Road. People dropped off food, cards and honked as they drove by. Video: The local firefighters have been putting up a display since the attack's first anniversary.

By Jennifer Jordan
Journal staff writer

The Rhode Island School of Design is preparing for tomorrow's inauguration of its 16th president, John Maeda, by hanging thousands of muslin squares that have been decorated, embossed, embellished and woven by faculty, staff and alumni in recent weeks.

Modeled after nautical flags, in homage to Rhode Island's maritime past, and Tibetan prayer flags, the squares will hang in the First Baptist Church in America, where the inauguration ceremony begins at 5:30 tomorrow night.

The flags will also be strung along the riverfront at the campus-wide community block party that follows, from 7 to 9 p.m

The one-and-a-half hour ceremony at the church will feature a slate of speakers: RISD Board of Trustees Chair Merrill Sherman; Director of RISD Museum of Art Hope Alswang; U.S. Sen. Jack Reed; Governor Carcieri; Providence Mayor David N. Cicilline; Brown University President Ruth Simmons; RISD Provost Jessie Shefrin, and Maeda.

Nicholas Negroponte, co-founder of the Media Laboratory at the Massachusetts Institute of Technology, where Maeda also worked, and a pioneer of computer-aided design, will deliver the keynote address. Negroponte, currently on leave from MIT, is the founder of the One Laptop per Child initiative, which seeks to provide millions of poor children throughout the world with educational opportunity by giving them low-cost laptop computers.

The ceremony is followed at 7 p.m. by a two-hour campus-wide block party along Canal Walk at Market Square. Musical guests feature Triangle Forest and the Awesome Brothers.

Journal photo / Steve Szydlowski
Award-winning actress and activist Sigourney Weaver speaks today at a celebrity luncheon held by Women & Infants Hospital to raise funds for a new addition, including an 80-bed neonatal intensive care unit and 30 additional adult inpatient rooms. The event was held at the Rhode Island Convention Center in Providence.

By Amanda Milkovits
Journal staff writer

PROVIDENCE -- At a celebrity luncheon this afternoon that raised more than $650,000 toward building an addition at Women & Infants Hospital, actress Sigourney Weaver told the crowd of 1,000 people that she chose roles of strong women because they are her inspiration.

"We women are strong because we have to be," Weaver told the audience of mostly women at the Rhode Island Convention Center. "We are the glue that holds everything together."

During a speech that was warm, funny, and endearing, Weaver talked about her life growing up in New York City, being a mother, and being a woman.

"Women, we are the heroes of our time, in my opinion," Weaver said. She recalled the lives of the women on the prairies from the Little House on the Prairie books that she read when her daughter was a child. "We've always done so much," Weaver said. "It's my privilege to play women as you are -- complex."

While it's been said that women are more alike than not, Weaver said she appreciates women's differences. "I've always wanted to let women know it's OK to be unlike others, to be different, and to let your differences shine," Weaver said.

Later, in response to a question about the presidential election, Weaver said without hesitation that she supports Democratic presidential nominee Barack Obama. Weaver added that she could not support the Republican's vice presidential candidate Gov. Sarah Palin because of Palin's strict religious views and interpretation of the Bible. Weaver said that she has always been a strong supporter of the separation of church and state.

Weaver was the celebrity guest at the fund-raising luncheon that is benefiting the ONWARD campaign for Women & Infants, which is supporting the construction of a five-story addition to the hospital, including a new two-story neonatal intensive care unit. So far, the campaign has raised $20.7 million toward its goal of $22 million.

>> Continue reading: Sigourney Weaver headlines hospital fundraiser / Photo

By W. Zachary Malinowski
Journal staff writer

PROVIDENCE --The federal corruption trial of two former Roger Williams Medical Center executives is scheduled to resume tomorrow morning.

Government prosecutors began introducing exhibits and witnesses yesterday in the criminal retrial of Robert A. Urciuoli, the hospital's ex-president and chief executive officer; and Frances P. Driscoll, the hospital's former vice president.

James R. McGuirk, longtime legal counsel for Roger Williams, is expected to return to the witness stand. He spent more than three hours today testifying about the consulting job that Urciuoli approved for John A. Celona, the former North Providence senator, at the Village at Elmhurst, a nursing home in Providence that was affiliated with the hospital.

Prosecutors allege that the hiring of Celona was a bribe to get him to support state legislation that would prove beneficial to the financially-strapped hospital in the late 1990s.

By Edward Fitzpatrick
Journal staff writer

The presidential candidates are hogging the headlines and slinging mud over Barack Obama's use of the phrase "You can put lipstick on a pig. It's still a pig."

But here in Rhode Island, we've heard this barnyard banter before.

Obama's use of the phrase yesterday, which came in criticizing John McCain's policies as similar to those of President Bush, mirrors a General Assembly debate in 2004.

As that year's legislative session neared a hectic, heated conclusion, House Majority Leader Gordon D. Fox, D-Providence, launched into a late-night speech about the annual budget vote.

"What the House leadership has tried to do tonight is to pass a budget that is responsible," Fox said during the debate on June 18, 2004. "But what has gone on tonight in this State House is absolutely, unequivocally despicable."

"The governor of the state of Rhode Island, who is chairman of the Republican Party, with other Democratic members in here -- and we'll leave them nameless, Representative Caprio -- calling Democratic members into his chambers and offering to get Republican opponents out of the race for a vote against this budget," Fox said, his voice rising.

Fox then called for a budget vote and said, "This is about: You put lipstick on the pig, Governor Carcieri, it's still a pig. This is the wrong way to pass a budget for the people of the state of Rhode Island."

Extra: Read the original Journal report of the debate, by Journal staff writer Edward Fitzpatrick.

Video: Watch the 15-minute exchange on the floor of the House that night. Fox's "lipstick" remarks are about 1:30 seconds into the video.

A recount has been scheduled for this Monday by the state Board of Elections in the tight primary race that has a newcomer apparently taking the seat from a longtime state senator from West Warwick.

Senate Democrat Stephen D. Alves, apparently was toppled in his bid for a ninth term by Michael J. Pinga, the owner of a local bakery, by a scant 17 votes in District 9.

The District 9 contest was winner-take-all. There are no Republican or independent candidates on the November ballot.

Alves, 49, who heads the powerful Senate Finance Committee, went into the primary with the party endorsement. Last night, he said he was not prepared to concede.

The third candidate in that primary, Paul Paul P. Caianiello, didn't vote yesterday. He said was mulling the possibility of a write-in campaign in November.

According to the Board of Elections, Pinga received 994 votes to Alves' 977. Caianiello received 110. The tally does include any absentee votes.

-- With Journal reports

Journal photo / Kathy Borchers
Assistant Attorney General Bethany Macktaz tries to comfort Sobeida Pena, the murder victim's mother, as she gives a statement in court this morning. At right is an interpreter.

By Gregory Smith
Journal staff writer

PROVIDENCE -- Kelbyn Ramirez, 27, an illegal immigrant from the Dominican Republic, this morning pleaded guilty to second-degree murder in the shooting of a friend in May 2007.

Superior Court Judge Robert D. Krause accepted a plea bargain between Ramirez and the office of Atty. Gen. Patrick C. Lynch, and sentenced Ramirez to a 40-year prison term on a charge of second-degree murder, with 25 years to serve and the balance suspended with probation.

On a second count, carrying a pistol without a license, Krause imposed a 10-year suspended sentence to run concurrently with the main sentence.

Ramirez had been indicted on charges of murder and discharging a firearm with death resulting. But under the plea deal, Lynch's office agreed not to seek first-degree murder and to downgrade the second charge to carrying a pistol without a license.

Ramirez, who has an extensive criminal record, admitted to the judge that he shot to death Aneuris Caceres, 21, also a citizen of the Dominican Republic, after the two argued and parted ways long enough to arm themselves.

Caceres got a shotgun and Ramirez, a 9mm pistol, and Ramirez shot Caceres several times behind a tenement in South Providence.

Sobeida Pena, Caceres' mother, gave a tearful victims' impact statement to the judge in court in which she demanded to know why Ramirez had killed her son, with whom he had been friends.

By W. Zachary Malinowski
Journal staff writer

PROVIDENCE -- The legal counsel for the Roger Williams Medical Center testified this morning that in 1997 Robert Urciuoli was eager to hire a state senator as a consultant.

James R. McGuirk, a partner at Edwards and Angell of Providence, said he warned Urciuoli, the hospital's president/CEO at that time, that it would be a "bad idea" to hire John A. Celona, a legislator from North Providence.

McGuirk's remarks came as the retrial of the Urciuoli and another former hospital official on federal corruption charges went into its second day.

McGuirk said that Urciuoli told him that Celona a was "a good guy" and "well connected" with senior citizens in the Providence area.

McGuirk testified that having a state legislator would present all kinds of conflict of interests for the hospital. Still, he said, Urciuoli remained undeterred.

A few weeks later, McGuirk met with Urciuoli and Frances Driscoll, the hospital's then-vice president, in Urciuoli's office in Roger Williams Hospital. Again, Urciuoli pressed McGuirk about his idea of hiring Celona.

"He reiterated that John Celona had an unbelievable reputation" in the elderly community. Urciuoli mentioned that Celona might be a good fit at the Village at Elmhurst, a 190-bed nursing home that is affiliated with the hospital.

In the following weeks, McGuirk drew up a contract to hire Celona as a $700 a month consultant for the Village at Elmhurst.

McGuirk gave similar testimony in the first trial of the two former hospital executives, who were convicted on corruption charges. But that conviction was later overturned by a federal appeals court. The U.S. Attorney's Office in Rhode Island is retrying the case.

The state Board of Elections is closing up shop for the night, even though two Providence precincts have not yet sent in their primary tallies.

As of 11 p.m., all precincts except for the two -- Nathanael Greene Middle School and the Regency Plaza apartment complex -- had reported their numbers.

Tallies are also showing all absentee, or mail-in, ballots at this time.

See the unofficial Board of Elections results, sorted by race, town and precinct, at: http://projo.com/news/politics

If you're looking at primary election returns coming in online, and wondering why some towns are not yet showing any numbers, here's the reason:

It depends on when the town or city's Board of Canvassers has sent its numbers into the state Board of Elections for tallying and distribution from there.

As noted in an earlier post, there is a way to do this electronically, via phone lines. But there is no rule saying when the boards actually have to transmit vote results.

So, they come in piecemeal, with some towns -- like Portsmouth, for example, tonight -- in earlier than others.

Results are also updated on a timetable, not every minute, so there is usually a pause of several minutes between online updates.

Projo.com is picking up its numbers from the state Board of Elections, and sorting them by race, town and precinct, from its home page.

Journal photo / Connie Grosch
Cranston polling officials were ready for action at 4:30 p.m. today, but primary voters were sparse at Western Hills Middle School. Raymond Insana, back left, was only the 36th person to cast a vote. From left to right, poll supervisors are Rita Vingi, Kathy Spooner, Fred Spooner, Ron Cabral; at right is poll clerk Elicia Hoyle. The low turnout may be the story of this state primary, as compared to the presidential primary in March, when voters turned out in record numbers.

By Mark Reynolds
Journal staff writer

BURRILLVILLE -- The teachers' union approved a contract proposal earlier today and the School Committee could ratify the same proposal at its meeting tonight.

The contract proposal was developed by a mediator who is trying to help both sides reach an agreement after years of prolonged contract negotiations, according to the union's spokesman, Thomas Landry.

It isn't clear how the School Committee will respond to the proposal.

Schools Supt. Steven Welford and the committee's lawyer, Benjamin Scungio, did not immediately respond to a request for comment.

An item that says "possible contract ratification" is on its agenda, but the agenda also includes an item that allows the committee to meet in a closed session to discuss negotiations.

Landry declined to discuss the specifics of the proposal prior to tonight's meeting. Bruce Kogan is the mediator who developed the proposal.

The teacher's union, a unit of the National Education Association with more than 200 cardholders, has been working without a contract since Aug. 31, 2007.

By Tracy Breton
Journal staff writer

PROVIDENCE -- Lawyers representing victims of The Station nightclub fire are asking a federal court judge to set up a timetable for reviewing the proposed settlements that have been offered by the dozens of parties sued by those who lost loved ones or suffered injuries in the 2003 blaze.

In papers just filed in U.S. District Court, lawyers for the fire victims are asking Senior U.S. District Court Judge Ronald R. Lagueux to establish scheduling orders that so their clients can get money from the proposed settlements as quickly as possible.

They say that by Oct. 15, they would like to submit for the court's review a grid for distribution of the settlement proceeds that has been created by Duke University Law Prof. Francis E. McGovern, whom Lagueux has appointed as special master in the fire case.

Lawyers for the fire victims say it is important to speed up the settlement review process because many of the fire victims are facing "critical, indeed critical, financial needs." Each month of delay in finalizing the proposed settlement agreements means that there will be a "loss of substantial interest" that could be accruing on the settlement funds, they assert.

Yesterday, lawyers for the fire victims finalized the last of a raft of tentative settlement agreements that have been reached in the mass tort case. All together, more than $176 million has been offered to those hurt or who lost family members in the fire.

>> Continue reading: Lawyers push to speed settlements to Station fire victims

So, where's Hanna?

As the day dawns bright and clear here in Rhode Island, the National Weather Service's update of its tropical storm advisory puts it succintly:

• Hanna loses tropical characteristics as it moves through New England...
• At 5 am EDT...0900 UTC...all coastal tropical storm warnings are discontinued.

Highs in the mid 80s. West winds 10 to 20 mph. Tonight: Clear. Lows in the upper 50s. West winds 5 to 10 mph.

And if the looking out the window isn't enough, check projo.com's weather page, where our live Webcam of downtown Providence shows nary a cloud, and our live radar is clear of any color except blue.

But there is one strong indicator of Hanna's presence in our area: A new rainfall record for the date of Sept. 6, at 3.95 inches. The old record was 1.39 inches, set in 1979.

Yesterday -- no surprise -- the rain flooded streets. But it didn't stop the annual Dragon Boat races in the Blackstone River valley. Officials did, however, decide to close hurricane barrier gates at Fox Point in Providence.

As for today, the current Northeast flooding map does shows one area near a flood stage -- in Cranston, where the Pawtuxet River is normally a troublespot. Take a look here.

Ike is the storm that continues to make news today, for Florida and the Turks and Caicos.

But yes

Here's the latest public advisory from the National Weather Service, which issued a tropical storm warning for the Rhode Island area this morning.:

Tropical Storm Public Advisory Statement as of 11:00 am EDT on September 06, 2008

A Tropical Storm Warning means that tropical storm conditions are expected within the warning area within the next 24 hours.

For storm information specific to your area...including possible
inland watches and warnings...please monitor products issued
by your local weather office.

At 1100 am EDT...1500z...the center of Tropical Storm Hanna was
located near latitude 36.6 north...longitude 77.4 west or just
southeast of Emporia Virginia. This position is also about
65 miles...105 km...west-southwest of Norfolk Virginia.

Hanna is moving toward the north-northeast near 24 mph...39 km/hr.
A turn toward the northeast with an increase in forward speed is
expected during the next 12 to 24 hours. On the forecast track...
the center of Hana will move through the eastern mid-Atlantic
states today...near or over southern New England tonight and
Sunday...and near the Canadian Maritimes Sunday night.

Maximum sustained winds are near 50 mph...85 km/hr...with higher
gusts. Little change in strength is forecast during the next couple
of days. However...Hanna is forecast to lose tropical
characteristics on Sunday.

Tropical storm force winds extend outward up to 200 miles...325 km
from the center. Edenton North Carolina recently reported a wind
gust of 45 mph...72 km/hr.

Estimated minimum central pressure is 988 mb...29.18 inches.

Storm surge flooding of 1 to 3 feet above normal tide levels...with
locally higher levels in bays and accompanied large and dangerous
battering waves...is expected in the warning area. Coastal storm
surge flooding along the Atlantic coasts of South Carolina and
North Carolina...including the Pamlico and ablemarle sounds...
should gradually subside today.

Hanna is expected to produce rainfall accumulations of 4 to 6 inches
from central North Carolina...northeastward through eastern portions
of the mid-Atlantic states...southern New York...and into southern
New England...with isolated maximum amounts of 10 inches possible.
These rainfall amounts could produce flash flooding across these
regions.

Isolated tornadoes are possible today over eastern North
Carolina...eastern Virginia...southern Maryland...Delaware...
southern New Jersey...and southeastern New York today.

Repeating the 1100 am EDT position...36.6 N...77.4 W. Movement
toward...north-northeast near 24 mph. Maximum sustained winds...50
mph. Minimum central pressure...988 mb.

An intermediate advisory will be issued by the National Hurricane
Center at 200 PM EDT followed by the next complete advisory at 500
PM EDT.

$$
Forecaster Beven

To keep up with Hannah's impact on Rhode Island, visit projo.com's home page for updates, tracking charts, advisories, helpful information and to send in your own storm reports.

For the local impact of Tropical Storm Hanna, check back with projo.com throughout the weekend.

On our home page, we'll be offering links to several resources, from storm tracking charts and live satellite views, to Rhode Island emergency contact information and closings.

We're also asking you, our projo.com readers, to send in your reporters, via our storm reports survey and storm shots photo upload feature.

In the meantime, you can see the latest local forecasts here, at our weather page, and get an overall view of Hanna and other tropical storms in the making -- like Ike -- via our Tropical Storm Center.

While our 7to7blog reports this Labor Day holiday are abbreviated, projo.com is featuring updates from Journal Washington bureau chief John E. Mulligan from the site of the Republican National Convention in Minneapolis as part of its Labor Day news offerings.

They can be found via projo.com's Politics blog, whose headlines are now posted on our home page. Or can you see them directly -- and add your comments -- here.

Already in from Mulligan: An interview with former U.S. Sen. Lincoln Chafee of Rhode Island, a former Republican turned independent. See what he has to say about GOP John McCain's choice of a vice presidential running mate, and Chafee's plans to stump for Democratic presidential nominee Barack Obama in Florida.

As contracts expire and some school openings remain, the status of teacher talks is on the minds of many Rhode Islanders.

Journal education writer Jennifer Jordan will be checking during the day today to see what the latest may be, and projo.com plans to post the information as soon as possible.

Please check back to this blog or try projo.com's Education page for later reports.

Catch up with recent information on contracts and school openings on projo.com/education, too.

As Labor Day dawns, eyes are turning to one eye in particular -- that of Hurricane Gustav, now bearing down on the Louisiana coast.

While at the moment it looks as if the storm will not be as fierce as the tragic Katrina or aimed directly at New Orleans, it is still packing a punch.

Also in the mix: A tropical storm named Hanna, heading toward the eastern coast of Florida.

In a press release last night, Rhode Island National Guard and Emergency Management Agency officials say they are monitoring the situation.

"RIEMA and the RING have taken the steps necessary to ensure Rhode
Island can both support requests for assistance from the governors of the
affected states and maintain a high level of readiness here," the press release states.

Coincidentally, the notes, this comes at a time when the Ocean State is getting ready for "Operation Enterprise," a statewide hurricane exercise scheduled for Sept. 13.
The exercise is described as the last stage of RIEMA's 2008 hurricane preparedness campaign, Get Ready RI!

Right now, an element of the New England regional Disaster Medical Assistance
Team, comprised of many Rhode Island medical professionals, has been
dispatched to the southeast, the Guard release said.

Communications experts from the 281st Combat Communications Group and the 282nd Combat Communications Squadron, Rhode Island Air National Guard , have also been placed on stand-by to support the National Guard Bureau's Joint Enabling Team.

For more about gettting ready for a hurricane here, the R.I. Emergency Management Agency has emergency plans and an itemized list of things to include in an emergency kit at its Web site: www.riema.ri.gov/preparenow/.

Journal staff writer Mark Reynolds sends in this report this morning on the opening of schools in two R.I. districts where teacher contract talks continue:

JOHNSTON -- With their contract just a few days away from expiration, teachers reported to their classrooms all over town this morning and welcomed students back for the first day of the new school year.

The district's contract with the Johnston Federation of Teachers, Local 1702, expires Aug. 31. Schools Supt. Margaret A. Iacovelli could not be reached for comment.

BURRILLVILLE --The town's teachers reported to their classrooms this morning and started their second consecutive school year without a contract.

Last year, teachers spoiled the opening day of school by holding a strike. Soon after, a Superior Court judge ordered them back to school.

Journal photo / Andrew Dickerman
Auctioneer Sal Corio, third from right, takes bids on the assets of the Education Partnership, at 345 South Main St., today.

Video: Everything must go at Education Partnership auction

By MIKE STANTON
Journal staff writer

PROVIDENCE -- It's high noon at the offices of the Education Partnership, and everything must go.

Desk, chairs, computers, file cabinets, Education Partnership golf shirts and coffee mugs, artificial trees, paper shredders, even the framed prints on the walls.

"Here we have a large, wooden executive desk with matching credenza,'' booms auctioneer Sal Corio, speaking into an electronic headset attached to a megaphone.

A few dozen bidders crowd into the private office of former Education Partnership president Valerie Forti. Some sit on a red camelback sofa that, like everything else in the office, is for sale.

In a scene reminiscent of the television sitcom "The Office,'' a bidder points to a young woman who works for Corio, seated at Forti's desk collecting cash and checks, and shouts, "Does the secretary go with it?''

"You couldn't afford her,'' quips Corio, as the woman smiles.

And so it went today as the office furnishings and other physical assets of the defunct Education Partnership were auctioned off for the court-appointed receiver.

The non-profit advocacy group, citing financial woes, filed for receivership in June, leaving behind tangled finances and questions about missing funds that a forensic auditor is now trying to sort out.

With several hundred thousand dollars apparently missing from a scholarship fund for Rhode Island college students, and a $300,000 line of credit owed to Sovereign Bank, the auction will do little to satisfy the organization's long list of creditors, including unpaid teachers from Providence after-school programs.

Although final figures were not available, and several computers went unsold and will be auctioned later, the court-appointed receiver told a judge last month that the auction was expected to gross about $10,500.

For about two hours at midday, the suite of offices, spread over two levels of an office building at 345 South Main St., were filled with reporters and would-be buyers toting clipboards and an appraising eye for the merchandise. Some were small businessmen looking for deals on office furniture and supplies, from printer cartridges to paper cutters. Others buy for resale.

"It was a nice crowd, but the sale of office furniture and equipment is down,'' said Corio, proprietor of the S.J. Corio Co. "There are a lot of empty offices around the city.''

According to the landlord, who is looking for a new tenant, the Education Partnership spent more than $100,000 remodeling the offices about five years ago. But today, sleek desks, plush chairs, gleaming conference tables and other furniture went for a pittance.

The highest single item sold was Forte's desk and credenza, an impressive blond-wood piece of furniture with a black accent stripe. The contents of the drawers -- some cleaning supplies and knives -- were included.

>> Continue reading: Bidding low at Education Partnership auction / Video

New York Times photo / Brendan Smialowski
Workers hang a 2008 Democratic National Convention sign today outside the Pepsi Center in Denver, where the event will take place next week.

The political compass will point to Denver next week, as Democratic delegates gather to support their presidential candidate and platform.

The Providence Journal will also be there, in the persons of Washington bureau chief and veteran political reporter John E. Mulligan, and editorial writer and columnist Froma Harrop.

In addition to their reports for the newspaper, Mulligan and Harrop will blog reports, observations and anecdotes for projo.com, as part of our politics blog.

You can see their latest headlines on our home page or go directly to our mini-political blog on the convention here. Add your comments to their posts, too.

For more coverage of the convention and this year's local and national elections, please visit -- and bookmark -- projo.com's Politics page.

Journal staff writer / Frieda Squires
Boston Celtics legend Cedric Maxwell is the hoop as he and Eddie House, a Celtics guard, held a basketball clinic today at the Boys and Girls Club of Warwick. About 100 youngsters participated in the event co-sponsored by RE/MAX of New England.

Recognizing that local police departments may encounter immigration matters in their daily policing, the State Police say they will work to help local police departments handle such situations.

That starts this morning when the agency will host a training seminar called "Basic Immigration & Best Practices" for police officers from local departments across the state.

Speakers will include Governor Carcieri, U.S. Attorney Robert C. Corrente, State Police Col. Brendan P. Doherty, and Julie L. Myers, assistant secretary of homeland security for the U.S. Immigration & Customs Enforcement (ICE).

(The seminar is Doherty's idea. He had state troopers go through an "ICE 101" training that explains different immigration documents, document fraud and other issues.)

A press release about the event notes that the panel members will not take questions or comments from the media during the training.

Thunderstorm alert just in from the National Weather Service. See the storm as it moves through via projo.com's live radar at projo.com/weather.

At 1118 am EDT National Weather Service Doppler radar indicated a strong thunderstorm with the potential to produce wind gusts to 40 mph 2 miles northwest of Central Falls...or about 6 miles southwest of North Attleborough...moving east at 37 mph.

The thunderstorm will be near...attleborough and North Attleborough by 1130 am EDT...Taunton and Norton by 1140 am EDT...Raynham and Berkley by 1150 am EDT...Middleborough and Lakeville by noon EDT.

For your safety...get inside when this storm approaches. Heavy rain may cause minor street flooding as well as ponding of water in poor drainage areas.

Journal photo / Glenn Osmundson
Kite surfer Brian Kology, of Vernon, Conn., gets some air this afternoon as he kite surfed off the Camp Cronin Fishing Area in Point Judith, Narragansett.

By TRACY BRETON
Journal staff writer

Continuously updated

The Town of West Warwick and the State of Rhode Island have each agreed to pay victims of The Station nightclub fire $10 million in tentative settlement agreements announced today in federal court filings.

Both agreements are premised upon a number of conditions. The conditions include the stipulation that the town's insurance provider, the Rhode Island Interlocal Risk Management Trust, contribute the maximum amount of the town's insurance policy and that the town secure a bond to pay the balance of the settlement.

The settlements are also subject to approval by all of the victims and the court, and the court's approval of an allocation plan being developed by a special master.

The disastrous Feb. 20, 2003, fire at the West Warwick nightclub left 100 dead and more than 200 injured.

Lawyers for the fire victims alleged in their lawsuits that the state, the Town of West Warwick and some of their employees were responsible for the deaths and injuries suffered by their clients because of "egregious" negligence.

The employees they fingered cited for blame included Irving J. Owens, the state fire marshal who retired at the end of 2005; now-retired West Warwick fire inspector Denis P. Larocque; the town's former building inspector Stephen D. Murray; and West Warwick police officer Anthony Bettencourt, who was working as a special detail officer at the overcrowded club the night the fire broke out at The Station.

Including today's $20 million proposal, approximately $175 million has been tentatively offered to settle the fire victims' claims. This includes $1 million that the court is holding from the rock band Great White, whose pyrotechnics sparked the deadly fire. Many millions have been offered by other parties, including corporations that allegedly made the flammable foam that lined the walls of the club as well as sponsors of the Great White show, among them, the beer manufacturer Anheuser-Busch.

Lawyers for the victims are hoping that Senior U.S. District Court Judge Ronald R. Lagueux will approve the settlements before year's end so that the victims can in time for the victims to have their money by the end of this year.

Proposed settlements: State of RI / West Warwick / More on the fire

>> Continue reading: Update: W. Warwick, R.I. to pay Station fire victims

Above is a YouTube video of the fish kill featuring Baykeeper John Torgan.

By Peter B. Lord
Journal environment writer

A few hundred dead menhaden were discovered near Bullock Cove in East Providence Thursday by one of several teams that was sampling upper Narragansett Bay for what it believed were worst case conditions, high temperatures, low oxygen and neap, or weak tides.

John Torgan, Save The Bay's Baykeeper, said he considered it a relatively small fish kill and the fish were already several days old.

No one reported the fish kill to the state Department of Environmental Management, according to spokeswoman Gail Mastrati and there was no word as to whether it was related to a sewage overflow nearby about a week ago.

Torgan said he believed conditions in the Bay will improve as temperatures cool and tidal flushing increases.

"We expected bad conditions and we found them," Torgan said. Much of the upper Bay had oxygen conditions so low the water would not support marine life.

"It's not a huge cause for alarm," said Torgan. "But it does underscore the problems that we have out there."

The water sampling program has been done since 1999 by a team from Brown University, the state Department of Environmental Management and Save the Bay who call themselves the Insomniacs. Click here for more information on the team and for data on oxygen conditions.

If you're in northerneastern Rhode Island, get ready to break out the umbrellas -- again. There's a severe thunderstorm warning on for the area in the next half hour. Here are the details from the National Weather Service:

The National Weather Service in Taunton has issued a

* Severe Thunderstorm Warning for...
northeastern Providence County in Rhode Island...
this includes the city of Woonsocket...
extreme southeastern Worcester County in central Massachusetts...
extreme southwestern Norfolk County in eastern Massachusetts...

* until 430 PM EDT

* at 350 PM EDT...National Weather Service Doppler radar indicated a
severe thunderstorm capable of producing penny size hail. This
storm was located near Millville...or 6 miles west of Woonsocket...
and moving northeast at 18 mph.

* The severe thunderstorm will be near...
Millville by 400 PM EDT...
Blackstone...Woonsocket and Cumberland by 410 PM EDT...
Bellingham by 425 PM EDT...

Watch live radar of the storm approaching at: projo.com/weather

Journal photo / Andrew Dickerman
Groups gather outside the Wyatt federal detention facility this morning in the wake of a detainee's death in custody.

CENTRAL FALLS -- A coalition of advocacy groups called on U.S. Atty. Robert Clark Corrente and Atty. Gen. Patrick Lynch to conduct a "thorough and immediate" criminal investigation into the death of Hiu Lui Ng, a 34-year-old Chinese immigrant from New York who died in immigration custody last week.

Ng's lawyers allege he was denied medical care and access to legal aid while he was detained at the Donald W. Wyatt Detention Facility during the last month of his life.

Standing outside the Wyatt facility, Shanna Kurland of the Olneyville Neighborhood Association faulted immigration authorities for Ng's death. She cited numerous deaths of detainees in U.S. Immigration and Customs Enforcement custody that have been documented in the media.

"It stops in Rhode Island," Kurland said. "This is our state, and ICE not going to torture people."

Other groups represented the Community HIV/AIDS Mobilization Project; Direction Action for Rights and Equality, the Immigrants and Action Committee, Fuerza Laboral (Power of Workers).

They also called on Rhode Island's congressional leaders to support the demand for a federal investigation "and to work for passage of legislation that would guarantee mandatory standards of care for detainees."

-- Journal staff writer Karen Lee Ziner

NORTH KINGSTOWN -- A search is on for a 60-year-old Warwick man who went out to fish on Carr Pond this morning and did not return.

The man, identified by family members as Pierre Terry, of Sandy Lane, had said he would be back by noon.

His boat, a 14-foot bass fishing boat, was found in the pond behind the Gilbert Stuart Birthplace museum early this afternoon.

Boats are out on the pond now, as rain falls, with two seen searching in grassy areas near the shore. State police, and North Kingstown police and rescue are on the scene.

Family members said Terry knows the area and pond well -- "he's been fishing here most of his life," one said -- but that he can't swim.

He's a disabled Vietnam War veteran, with nerve damage, according to his son, Matthew Terry of North Kingstown, who said he and his father have recently been fishing on the pond every Sunday.

Terry, another of his two brothers, and a sister were among a small group of family and friends standing on the side of Gilbert Stuart Road, opposite the museum, as the search went on early this evening.

Sue Terry, the missing man's wife, told reporters this evening that her husband -- who she described as a strong man -- would normally be home by 11:30 in the morning.

He keeps a cell phone in his fishing jacket. "I must have called him 20 times," she said. Then she said she got a call from the groundspeople who found the boat. "That's when I started to freak," she said.

She said she and her husband are both religious and that she had had a vision of him walking around with a white bandage on his head. "They're going to find him," she said.

The museum was the early home of one of colonial America's most famous painters, Gilbert Stuart. It was the site of an operating 18th-century snuff mill, the first in America with a waterwheel. In early spring, herring swim up the Narrow River from the sea past the mill and into Carr Pond to spawn, according to a University of Rhode Island Seagrant publication. See satellite view map of the area.

-- With reports from Journal staff writer Paul Davis

By Karen Lee Ziner
Journal staff writer

PROVIDENCE -- Having signaled their intentions several times in the past few weeks, eight out of 12 members of the Governor's Hispanic Advisory Commission say they have resigned. They are scheduled to announce their resignations publicly tomorrow at a State House press conference at 11 a.m.

The Rev. Eliseo Nogueras, the group's chairman, is one of four commissioners who are not resigning.

A statement issued today from the eight members who are leaving the group said, "Recently, there have been decisions and policies enacted by Governor Carcieri that have hurt the immigrant and Latino community, the most recent being the raids in the Rhode Island state courthouses. This has instigated eight members of the commission to resign."

Jaime Aguayo, one of the resigning members, said the governor's executive order cracking down on illegal immigrants, and data the governor presented to support that order, factored heavily in the resignations.

"To establish this public policy, the governor used incorrect data ... and he's not willing to retract (the order) or at least take one step back and say, 'let's get the right data. Let's get the right information and move forward.' "

Instead, Aguayo said, "He didn't even listen to us. He didn't even alert us to the fact that he was having his executive order. Essentially we weren't good enough to be his advisers. We were just (a) showcase."

The resigning commissioners said that "the Rhode Island Latino community deserves an explanation" from the governor.

But Nogueras, the chairman, said, "We feel that the members who are resigning have their reasons for resigning, and we respect those reasons. But we feel our community needs a lot of representation at this time, and we can work better within the system" to try and effect changes "that are necessary for our community."

Carcieri spokeswoman Amy Kempe said that the governor "appreciates the service of the individuals to the commission, their commitment to the promotion of the Hispanic and Latino community and to the state of Rhode Island." She said he remains committed to the commission, and will seek new members to fill the open posts. He also thanked Nogueras, the chairman, and three other members who have decided to stay on.

Kempe added, "The Hispanic community is an important part of the fabric of the Rhode Island community and they will continue to have a voice in the Carcieri administration."

Commissioners last week accidentally issued a press release announcing their resignation.

>> Continue reading: 8 members of governor's Hispanic advisory panel quitting

Photo from video by Journal photographer Ruben W. Perez

What does it take to make a pig turn the corner? Contestants took their turns last night at the Washington County Fair in Richmond, in the Swine Obstacle Course competition. See a variety of, ah, management styles in this projo.com video.

The fair, off Route 112, runs through Sunday. Tonight's highlights include an oxen pull, beef clipping, motorcycle rodeo, two performances by Bomshel, and weather permitting, fireworks at 9:15 p.m. (rain date Friday).

For more videos from the fair, photos, including an aerial view of the fairgrounds, stories, and information about fair events, go to: projo.com/richmond

FOXBORO, Mass. -- You've got another chance.

If you had been hoping to visit the New England Patriots' training camp practices, that is.

The Pats have added another day, tomorrow, which will be open to the public. Previously, today was to have been the last day.

Here's the schedule:

Thursday: 2:30-4:30 p.m.
Friday: 12-2 p.m.

Parking at Gillette Stadium is free, as is admission. As always, public access is weather permitting; check patriots.com or projo.com's PatsBlog for updates.

-- With reports from Journal sportswriter Shalise Manza Young

Journal photo / Bob Thayer
Lindsay L. Gartsu, 19, of North Providence, is happy as can be after she received her high school diploma today, as the Tri-Town Community Action Agency held its annual GED graduation at the Johnston Senior Center. Some 32 adults recently completed Tri-Town's 2007-08 GED program, which operates under a grant from the Rhode Island Department of Education. Graduation speakers included Congressman James Langevin and Johnston Mayor Joseph Polisena.

Journal photo / Bill Murphy
Mike Sosnowski of West Kingston judges cabbage in the Agricultural Building at the Washington County Fair in Richmond this morning, as the annual event gets ready to open its gates tomorrow.

The fair runs through this Sunday; for more on its events, click here. For a closer look at the judging video, watch this projo.com video.

By Phllip Marcelo
Journal staff writer

A 22-year-old U.S. Marine and Woonsocket native was killed in action Sunday in Fallujah, Iraq, according to family and friends.

Sgt. Michael Ferschke was fatally wounded in a gun battle while conducting a house-to-house search in the city, which is located in the province of Al Anbar, roughly 43 miles west of Baghdad, said his aunt, France Cote, of Smithfield.

Ferschke was a team leader and radio operator in the 3rd Reconnaissance Battalion, 1st Platoon.

His family in Maryville, Tenn., was notified of his death at 10:45 p.m. Sunday, said Doug Cooper, a close family friend in Maryville. Ferschke's body arrived in Dover, Del., today and will arrive in Tennessee later this week, said Cooper.

Capt. Carl B. Redding, of the USMC Division of Public Affairs, could not confirm reports of Ferschke's death or his service record this afternoon, but said an official release from the Marines is pending.

Ferschke was born in Woonsocket to parents Michael Sr. and Robin. The family moved to Tennessee when Ferschke was 9 years old, but much of his extended family still resides in Woonsocket and northern Rhode Island, according to Cote.

Ferschke enlisted in the Marines upon graduation from Maryville High School in 2003. He was stationed in Okinawa, Japan, until March, when he was deployed to Iraq.

Ferschke was married, with a child due to be born in January. He is also survived by his brother, Raymond, and sister, Alyssa, and many nieces and nephews.

Ferschke's wake will be held at Smith Mortuary 1402 Tuckaleechee Pike, Maryville, Tenn. ,on Aug. 17, from 5 to 8 p.m. Funeral services will be on Aug. 18 at Our Lady of Fatima Church in Alcoa, Tenn.

Ferschke will be laid to rest in East Tennessee Veterans Cemetery in Knoxville, Tenn.

Journal photo / Bill Murphy
Two of three new emergency boats spray water as they are unveiled at the Port of Providence this afternoon. The identical 34-foot boats -- one each for Cranston, East Providence and Providence -- were purchased with $1.635 million in federal money. The boats, capable of handling many types of hazards, are equipped with firefighting equipment and chemical, biological and radiological detection equipment. They can spray water up to 2,600 gallons per minute for firefighting from Narragansett Bay.
A fourth boat, for the city of Warwick, is expected next year.

-- With reports from Journal staff writer Amanda Milkovits

PROVIDENCE - The House and Senate Committees on Finance say they will meet next Tuesday to review the Carcieri administration's request to the federal government to cap spending on Rhode Island's health-care programs for the low-income, elderly and disabled at $12.4 billion over the next five years.

The 91-page waiver was released this past Tuesday to the General Assembly, as required by state law, 10 days before the first-of-its-kind application may be submitted to federal regulators.

The 1 p.m. hearing will be held in Room 35 of the State House, and will be televised live by Capitol TV (Channel 15 for Cox Communications and Full Channel subscribers, Channel 34 for Verizon subscribers).

The waiver is among the more contentious moves Governor Carcieri is pushing to help control state spending as Rhode Island trudges through its worst fiscal woes in nearly two decades. The General Assembly authorized the plan -- and a projected $67 million in savings this year alone -- in the state budget adopted last month.

The press release today on the hearing said an expedited review process has been promised to the state, with a decision to be made by Oct. 1.

Read the request for the "global Medicaid waiver" here.

PROVIDENCE -- The jury in the trial of two former corrections officers accused of abusing inmates at the Adult Correctional Institutions deliberated for nearly three hours today without reaching a verdict.

Superior Court Judge Daniel A. Procaccini dismissed the nine women and three men at 4 p.m. and told them to return tomorrow at 9:30 a.m.

The day ended quietly after the prosecutor and defense lawyers provided spirited closing arguments following the testimony of 24 witnesses over three weeks.

The defense team of Olin W. Thompson III and John Lynch Jr. called the inmates liars who were out to get Capt. Gualter Botas and Lt. Kenneth Viveiros, while Molly K. Cote, special assistant attorney general, said the guards -- not the inmates -- were the ones telling tall tales on the witness stand.

"If anyone was lying, and making up stories, it was Botas and Viveiros,'' Cote said. "The defendants thought they were better than their captives. They could do what they wanted to do. What a sense of power! What a sense of entitlement!''

Botas, 39, of Pawtucket; and Viveiros, 56, of North Providence, are charged with a total of 11 counts of simple assault for allegedly abusing and humiliating four inmates in the prison's minimum security unit in 2005 and 2006.

The inmates, who have been released from prison, are Matthew Gumkowski, Robert Houghton, Anthony Romano and Jose Gonzalez. They all took the witness stand and testified that Botas summoned them to his office and administered beatings over contraband. The way the beatings were meted out varied, although Houghton, Romano and Gonzalez alleged that Botas repeatedly struck each of them with a phonebook.

Botas is charged with seven counts of simple assault on the four inmates; while Viveiros is charged with four counts of assault on Houghton, Romano and Gonzalez. Romano claimed that Viveiros broke a clipboard over the back of his head.

-- Journal staff writer W. Zachary Malinowski

>> Continue reading: Jury gets case of ACI guards accused of inmate abuse

Today's 4 p.m. trading deadline for major league baseball has come and gone. And there's still no word on whether the Boston Red Sox have reached a deal to trade disgruntled slugging star Manny Ramirez.

For the latest reports -- or lack of them -- go to projo.com's Red Sox blog.

By Katherine Gregg
Journal State House Bureau

While Governor Carcieri hammers the need to reduce state spending, his Department of Administration has posted an opening for a newly created job for a public relations person -- at a salary of $66,677 to $75,598 -- to assist new DOA director Jerome Williams with communications and the release of media information.'

The only other person in state government with the same job title and classification code, "chief public affairs officer,'' is Dana Alexander Nolfe, who worked for Williams during his stint as state transportation director last year. No DOA director in recent history has had a press secretary.

The Department of Administration is the hub of state government with control over hiring, contracting, purchasing, auditing and state-owned and leased property management. Until a recent rash of retirements and departures, a string of administration directors have relied on the key people within the agency to respond to media requests for information, from the state controller to the state purchasing chief to the state personnel administrator.

The application period runs from yesterday until Aug. 8, 2008.

Job qualifications include education "such as may have been gained through possession of a masters degree in public administration, journalism or a related field ... and experience such as may have been gained through considerable employment in a highly responsible position involving responsibility for the research, analysis, policy development and dissemination of information or any combination of education and experience that shall be substantially equivalent.''

There was no immediate response from the governor's office to questions about the creation of a new job at this time. This afternoon, Carcieri announced an executive order requiring some state employee unions to follow changes in health-care insurance plans, as part of his effort to reduce spending.

PROVIDENCE -- A hearing in which state prosecutors are trying to convince Family Court Chief Judge Jeremiah S. Jeremiah Jr. to allow a Barrington teenager accused in a fatal boating accident last year to be tried as an adult will resume for the third day at 11 a.m.

Ryan Greenberg, now 18, was the operator of a motorboat that allegedly struck a fellow Barrington high student, Patrick Murphy, who had fallen off a kneeboard in the Barrington River. Greenberg has been indicted on charges of second-degree murder, reckless boating with death resulting, underage possession of alcohol and refusal to submit to a chemical test. He has pleaded not guilty.

In order for the case to be waived into adult court, prosecutors must establish probable cause that the alleged crimes occurred.

Expected to testify today is state Environmental Police Officer Daniel K. White, whose reconstruction report on the fatality was entered as an exhibit in the hearing yesterday.

PROVIDENCE -- Governor Carcieri is expected today to announce a "course of action" after Rhode Island's largest state employees union rejected a proposed contract.

The governor plans to hold a 2 p.m. news conference in the State Room of the State House related to the Council 94 union decision.

The standoff between union and governor has mounted since the union announced earlier this month it had turned down a contract that would have saved the state more than $10 million this year by delaying pay raises and increasing employee health-care contributions. Those are savings the state budget agreement banks on, raising implications for the state's financial situation if the impasse remains.

The union has formally accused the governor of violating state law by refusing to negotiate a new contract, the latest move in an escalating labor dispute that threatens tens of millions of dollars in taxpayer savings.

The clash centers on a key legal question: Have the two sides already "negotiated" or simply "discussed" a new deal?

The controversy will be investigated by the state Labor Relations Board, which received the complaint Tuesday from the state's dominant public employees' union, Council 94, American Federation of State, County & Municipal Employees.

-- projo.com staff writer Michael P. McKinney, with Journal archival reports

PROVIDENCE -- A teen aboard the boat that struck and killed a Barrington youth last July testified today that he wasn't "completely truthful" about what happened when he first spoke with police about the incident.

Under questioning by a lawyer for Ryan Greenberg, the Barrington teenager driving the boat, Brendan Loflin said that he had at first told police that Greenberg was heading straight toward Patrick Murphy, then swerved to the right at the last minute.

But, Loflin said today, he went back to police in September and told them instead that Greenberg had pushed the throttle forward, toward Murphy, who had fallen into the water from a kneeboard, and that Greenberg did not turn the boat away.

The testimony came during a second day of a hearing before Family Court Chief Judge Jeremiah S. Jeremiah Jr., who state prosecutors are asking to waive jurisdiction over Greenberg so they can try him in an adult court. Greenberg, now 18, was 17 at the time of the incident.

Greenberg's lawyer, former Gov. Philip W. Noel, asked Loflin why he changed his story.

"I realized I could no longer help Ryan," he said. "I was no longer in shock."

Loflin said he had "cleared" his head and decided to tell the truth.

Greenberg has been indicted on four charges, including second-degree murder, in connection with the boating death of his former Barrington High School classmate, Patrick Murphy.

The hearing adjourned for the day at about 2 p.m. after its start was delayed by a fire alarm at the Garrahy Judicial Complex sent hundreds of people into the street. The hearing will resume tomorrow.

The parents of Murphy were at the court but did not comment after today's proceedings.

Their lawyer, Todd White, said, "They are just appreciative of the efforts of the attorney general. They understand this is going to be a process and they are doing their best to allow the process to make its way through the court system."

White said no litigation has been filed by the Murphys and that he is serving as their liaison.

-- With reports from Journal staff writer Edward Fitpzatrick

For a state where it feels like there is one of these doughnut shops on almost every corner, and whose company name graces its Providence civic center, this is news.

Looking to entice those hungry for a healthier option, Dunkin' Donuts will begin offering a new slate of better-for-you offerings in August.

The menu, which will debut in stores Aug. 6, will feature two new flatbread sandwiches made with egg whites. Customers will be able to choose either a turkey sausage egg-white sandwich or a vegetable one. Both will be under 300 calories with 9 grams of fat or less, the company said.

"We just felt it was important to provide some choice in our menu," said Will Kussell, president and chief brand officer of the Canton, Mass.-based Dunkin' Brands Inc.

The new menu will be called DDSmart and will include all current and new items that either have 25 percent few calories, sugar, fat or sodium than comparable products or contain ingredients that are "nutritionally beneficial," the company said.

A number of restaurants have added better-for-you options to their menus in the past few years to take advantage of a trend toward healthier eating.

The company will spend several million dollars marketing the new menu.

And if you visit the company's Web site right now, you'll get a taste of it, in the form of a video featuring food personality Rachel Ray.

-- With Associated Press reports

PROVIDENCE -- After deliberating just a few hours, a jury found in favor of State Trooper Kenneth Jones in the retrial of a civil suit brought against him by a Narragansett tribal member whose ankle was broken during the smoke-shop raid five years ago.

Three jurors who spoke with a reporter after the verdict late this afternoon said they found state police testimony in the case more credible.

Among them was the jury foreman, Harold Gorman of Coventry, who said, "There wasn't enough evidence to prove excessive force was used."

This was the second civil trial in what had become a see-saw matter.

Adam Jennings filed suit after his ankle was broken during the contentious state police raid on the tribal smoke shop in Charlestown.

In 2005, he was successful. But U.S. District Judge Ernest Torres overturned the verdict.

Then, an appeals court ruled in Jennings' favor, sending the case back to Torres to consider motions he did not rule on after the 2005 trial.

In May, Torres granted the state's motion for a new trial. In ruling, he wrote that the state police testimony proved more believable than that of defense witnesses and Jennings during the 2005 trial.

Today, the jurors appeared to agree with Torres. The six women and two men had been charged with deciding whether Jones violated Jennings' Fourth Amendment right, which guarantees his freedom from unreasonable search, seizure or other bodily violations from the government.

Another juror, Carol Felber of Cumberland, also said that Jennings' resistance played a big part in their decision. Gorman also noted that, as said at the trial, that state police had been trained in the ankle-hold technique applied to Jennings.

In a separate criminal trial stemming from the raid, Jennings had been acquitted of disorderly conduct and resisting arrest. In the civil suit, testimony featured state police and surveillance videos of the raid.

After the verdict, Trooper Jones said, "Yes, I'm happy. It's been a long time coming."

No comment was available yet from Jennings.

-- With reports from Journal staff writer Katie Mulvaney

Correction: A previous version of this story erroneously reported that Jennings was convicted of disorderly conduct. He was acquitted.

>> Continue reading: Update: This time, trooper wins smoke-shop civil suit

Journal photo / Frieda Squires
Friends and family leave a memorial service for Philip Ruhle Sr. at Calvary United Methodist Church, Turner Road, Middletown. Ruhle, of North Kingstown, was lost at sea last week off Cape May, N.J. He was captain of the 80-foot fishing trawler, Sea Breeze, homeported in Newport. At a memorial yesterday in Narragansett for 57 Rhode Island fishermen taken by the sea since the 1940s, Ruhle was mentioned the most often.

PROVIDENCE -- At 6:02 p.m. tonight, the Russian missile submarine Juliett 484 rose from under water, its bow majestically breaking through the surface of Providence harbor to gasps and cheers from the American military crews who have worked for a year to raise her.

The sub rose suddenly, shooting from the harbor floor to the surface in perhaps 10 seconds, six full hours after salvage teams started pumping water out of her and after several aborted attempts.

Frank Lennon, president of the Russian Submarine Museum, summed up his reaction in one word: Wow.

"I wasn't prepared for how fast it came up. I thought it would come up slowly, but it just went 'whoom,' " Lennon said. "But it's up, and it's up just the way they planned. Wow."

At noon today, military dive and salvage teams began pumping out some of the 575,000 gallons of water inside the submarine, as their final push to bring the submarine off the harbor bottom. Water, some of it murky and black, plumed out of pumps at the bow and stern of the museum ship, which sank at its mooring at Collier Point Park in April 2007.

It was a long day of incremental progress, as military engineers halted to check their work at each step. They pumped water out, then one by one released the six guide wires anchoring the submarine in place. Then they pumped again, absorbent sponges soaking up the pungent, oily water rolling around the sub for 18 months. By late afternoon, enough water was be pumped out that the bow of the submarine broke the suction holding it in the mud, and shook off the harbor floor.

With the aid of eight inflatable pontoons buried underneath the submarine, the rest of the boat slowly rose thereafter.

"I was absolutely thrilled. It was just pure excitement. After all of this hard work, to see it just rise out of the water, to see it come up like this, was amazing," said Petty Officer First Class Eric Lippmann, one of the Navy divers on station to help raise the submarine.

The military had hoped to raise the submarine last week, but the operation was delayed three times because of weather and concerns that the pontoons would not support the boat's weight.

-- Journal staff writer Daniel Barbarisi

The Coast Guard believes that Philip Ruhle Sr. is out there, somewhere.

And the search for the missing captain aboard the Sea Breeze, which capsized off Cape May, N.J., Wednesday, continues tonight.

"We will continue to search for him as long as there is a possibility of survival,'' said Petty Officer Crystalynn Kneen.

Ruhle, 56, along with fishermen Rayford Carr and Anthony "Tony" Hendrickson, were aboard the 80-feet-long fishing trawler when it overturned. Carr and Hendrickson swam to the top and clung to the hull until they were rescued. The boat carried 100,00 pounds of squid bound for Cape May, which may have caused it to flip over.

Meanwhile, Ruhle's family has arranged a memorial service for him, set for 10 a.m. Monday at Calvary United Methodist Church, 200 Turner Rd., Middletown. The family will receive visitors from 9 to 10. A reception will follow at Easton Point, 116 Aquidneck Ave., Middletown.

-- Journal staff writer Lisa Vernon-Sparks

Journal video / Rita Escolero
Idol hopefuls strut their stuff at Swansea Mall today.

SWANSEA, Mass. -- The American Idol gods have spoken.

After naming 12 finalists, the winner, who will perform in front of the producers at the Idol's Jacksonville , Fla., auditions that begin Aug. 13, is a 16-year-old from North Kingstown who has been singing since she was 5.

Melanie Donnelly, who just turned 16, sings for Trinity Repertory Theater and Theater by the Sea. She performed at Harlem's famed Apollo Theater when she was 10.

Journal file photo / Melanie Donnelly, in 2004

At the news that she had won today's competition, she was nearly speechless.

"I feel like . . . I don't even know what to think."

Melanie's winning audition featured the song You'll Never Walk Alone. Melanie referenced Elvis Presley's performance of the song, as well as 2007 Idol Jordin Sparks'.

She and her family planned to stay Thursday night at a hotel near Swansea Mall, in Swansea, where today's auditions were held. But around 3 a.m., they decided they wanted to get in line. When they arrived at the mall, there were only seven people in line, so Melanie's father, Dennis Donnelly, stayed behind to save the spot.

Contestants must be between the ages of 16 and 28, and Melanie's mother, Sharon Donnelly, said if those limits hadn't been in place, her daughter would already have tried out.

"She's been wanting this for so long," Sharon Donnelly said.

The eight judges conducting today's auditions for hundreds of "American Idol" hopefuls included local music promoters, DJs, vocal coaches and musicians.

Matt Tortorella, lead singer of the band, Days Unknown, said he liked Melanie right from the beginning.

"Her song built with each verse and she kept control throughout the whole thing," he said. She really impressed him, he said, so much so that he thought she would win the day.

No men made the final cut today. The top 12 finalists, in no particular order, are:

1. Janel Hurtt, 27, from Neward, Delaware
2. Jacklyne Tasca, 24, Providence
3. Samantha Vincente, 21, New Bedford
4. Andrea Wynder, 23, Providence
5. Jessica Brooks, 24, Nashville, Tenn.
6. Yesemia Rubio, 21, Central Falls
7. Jennifer Santos, 26, Fall River
8. Melanie Donnelly, 16, North Kingtown
9. Chantal Ambroise, 28, Swansea
10. Meline Vergne, 18, North Kingstown
11. Stephanie Hunt, 26, Warwick
12. Meagan McNulty, 20, Rumford

The tryouts were sponsored by Fox Providence, which has held local auditions for the last four years.

The Florida tryouts are among five remaining locations where contestants are tested to see if they should perform for Randy, Paula and Simon.

Contestants are judged on stage presence as well as vocal talent.

Angela Fox seemed quiet, at first. Petite, dressed casually with a bright yellow top, jeans and a printed clutch, the North Attleboro resident blended into the crowd as just another 18-year-old.

She smiled at the judges and introduced herself, and that's where the softness ended.

Though she's "used to being behind the scenes" as an event planner, her powerful voice erupted and resonated throughout the small room, covering "At Last" by Etta James.

The judges were smiling.

"This is kind of a nerve-wracking situation," Fox said afterward.

Kasey Jeronimo, 18, picked a traditional audition song -- "Open Arms" by Journey -- confessed she "was starting to get butterflies" as she entered the audition room.

Samuel Aboh, 21-year-old Providence resident who arrived in the United States six years ago from Ghana, chose a gospel piece for his audition, "His Eye is on the Sparrow." He'd been up since 3:30 a.m. to get to the mall by 4:45 to be near the front of the line.

The first contestants arrived at 6 p.m. last night and slept in the rain.

-- With reports from Journal staff writers Alisha Pina and Chloe Thompson

Video: Idol auditions draw a crowd at Swansea Mall

A WJAR television reporter whose two-part series called into question the effectiveness of Rhode Island tourism centers -- and set off a storm of controversy -- is leaving Channel 10 as of Sunday, the station's general manager confirmed today.

Station general manager Lisa Churchville would not say whether the departure of Leslie Yeransian was related to the controversial segment, which ended with the station issuing an on-air apology and the station's ombudsman criticizing the report.

"We wish her well," said Churchville.

Yeransian could not be reached for comment. The station said it did not have a forwarding number for her.

Paul M. Giacobbe, the station's ombudsman, investigated the reporting of the story after the station received complaints.

Giacobbe said in his report that Yeransian's two-part story suggested that local restaurants (Federal Hill was specifically mentioned) cannot rely on the Rhode Island Tourism Division for support and that representatives of the tourism division's 800 number could not answer basic questions.

-- Journal reporter Tom Mooney

>> Continue reading: WJAR reporter caught in controversy is leaving

PROVIDENCE -- The sunken Russian missile submarine resting on the bottom of Providence harbor is on track to finally rise out of the water this afternoon, but so far nothing but the top of the submarine's conning tower is visible.

At noon today, military dive and salvage teams started pumping out some of the 575,000 gallons of water inside the submarine. Water plumed out of pumps at the bow and stern of the museum ship, which sank at its mooring at Collier Point Park in April 2007.

They expect the process to take six to eight hours. By late afternoon, the hope is that enough water will be pumped out that the bow of the submarine will break the suction holding it in the mud, and will rise off the floor.

With the aid of eight inflatable pontoons buried under the submarine, the rest of the boat should slowly rise thereafter.

The military had hoped to raise the submarine last week, but the operation was delayed three times because of weather and concerns that the pontoons would not support the boat's weight.

-- Journal staff writer Daniel Barbarisi

>> Continue reading: Sunken Russian sub on its way to the surface

WESTERLY -- Lifeguards at Misquamicut State Beach raced into the water five times this morning to rescue swimmers caught in dangerous rip-tide currents.

"You can't fight Mother Nature," said Misquamicut lifeguard Leah DelGiudice. The sun-tanned blonde nursed a red rope burn on her right shoulder caused by pulling ashore swimmers with a yellow lifeline.

She and nine other lifeguard spent much of their morning blowing on whistles, motioning swimmers to return to shore -- and hauling in those who didn't.

No one was seriously hurt, but lifeguards said the combination of high waves and wide and powerful currents forced them to restrict swimming to a central part of the beach. The currents can form instantly, and drag even strong swimmers far from shore.

Recently, high waves have broken bones -- necks, backs, collar bones, arms and legs -- at Misquamicut, said Lifeguard Supervisor Andrew Girard. The lifeguards have participated in 200 rescues since June 30, he said.

At Narragansett Town Beach, there have been 175 rescues -- 120 in the last two weeks. "We're breaking records," said Dave Cannon, waterfront manager.

The pace is so brutal that Girard recommends that lifeguards take a few days off. As a result, there were 10 on duty at Misquamicut today, a few less than normal, he said.

About 1,500 visitors come to the beach each day. When the waves are rough and the danger of rip tides is high, lifeguards put out red flags and restrict swimming. Signs posted outside of the beach's restrooms illustrate rip tides and how to escape them. Warnings boom from a loudspeaker every half-hour.

"You have to have a lot of respect" for nature on a day like today, said DelGiudice. If not, "You're going to be a victim of the rip tides," she said. "That's why we have lifeguards."

His advice is supported by the No. 1 and 2 tips on dealing with rip currents, from the National Weather Service:

Whenever possible, swim at a lifeguard-protected beach. Never swim alone.

Extra: More tips on dealing with rip currents, from the NWS.

-- Journal staff writer Paul Davis

Video: Treacherous riptides give Misquamicut lifeguards a workout

Journal photo / Frieda Squires
Members of Warren's DPW and National Guard Specialist Matthew Travers, Pawtucket, tshred branches and limbs from trees on Harris Avenue in Warren that were damaged by yesterday's thunderstorms. DPW employees worked until 10 last night clearing the street and were back this morning with 14 members of the National Guard helping them clean up.

The raindrops are falling on projo.com's Webcam again.

And the live radar shows a swath of yellow and orange -- i.e., rain -- crossing the region now.

That's because, the National Weather Service says, tropical moisture ahead of an approaching cold front continues to bring numerous showers and thunderstorms to the region. Some thunderstorms may bring localized heavy downpours of 1 to 3 inches
in one hour. As a result, the threat of flooding still exists.

And that means that a flood watch remains in effect until 2 a.m. tomorrow. It covers:

* portions of northern Connecticut... Massachusetts... southern New Hampshire and Rhode Island... including the following areas... in northern Connecticut... Windham CT. In Massachusetts... central Middlesex MA... eastern Essex MA... eastern Norfolk MA... eastern Plymouth MA... northern Bristol MA... northern Middlesex MA... northern Worcester MA... southeast Middlesex MA... southern Bristol MA... southern Plymouth MA... southern Worcester MA... Suffolk MA... western Essex MA... western Norfolk MA and western Plymouth MA. In southern New Hampshire... eastern Hillsborough NH and western and central Hillsborough NH. In Rhode Island... Bristol RI... eastern Kent RI... Newport RI... northwest Providence RI... southeast Providence RI... Washington RI and western Kent RI.

Get the latest conditions and forecasts at projo.com/weather.

By W. Zachary Malinowski
Journal staff writer

PROVIDENCE -- There was no need for State Police Detective Joseph F. Philbin to introduce himself when he walked through the front door of the Adult Correctional Institutions.

Just five days earlier, on Feb. 17, 2006, prison officials announced the suspension of more than a half-dozen guards and staff for abusing, or covering up the abuse of inmates, in minimum security.

The guards and staff knew why the 6-foot, 5-inch, 240-pound trooper was paying them a visit.

"It was tense in the facility," Philbin said. "There was tension. They were little bit more cold.''

Philbin spent about three hours on the witness stand today testifying about the investigation that led to multiple charges of simple assault against two former ACI officers, Capt. Gualter Botas, 39, of Pawtucket, and Lt. Kenneth Viveiros, 56, of North Providence.

Both men, who were fired last year, are on trial in Superior Court for assaulting and verbally abusing four ex-inmates in the prison's minimum security unit in 2005 and 2006.

The former inmates, Jose Gonzalez, Anthony Romano, Robert Houghton and Matthew Gumkowski, have spent days testifying about Botas and Viveiros striking, screaming and humiliating them in his office while they were questioned for violating prison rules.

Philbin was the lead investigator in the abuse case against Gonzalez, and he assisted in the probes of Romano and Houghton. He said all three inmates were skeptical of his motives and were reluctant to provide him with information.

Once he assured them that he was conducting an independent investigation into the conduct of the guards. Philbin said that the inmates were forthcoming.

Gonzalez, he said, was the most reluctant.

"Definitely, the toughest,'' he said. "He didn't want to talk to us about anything. It was a tough thing for him to talk about.''

During the course of three days this week, Gonzalez, now a free man, provided the court with emotionally-charged testimony about the abuse he suffered at the hands of the ranking corrections officers.

>> Continue reading: Detective tells of probe into abuse at ACI

By Katherine Gregg
Journal State House bureau

PROVIDENCE - The Carcieri administration notified the owners of TriState Enterprises and Falcon Maintenance this afternoon that their contracts to clean almost four dozen state buildings are being terminated as of 11:55 p.m. tomorrow night.

The two companies surfaced as the employers of the 31 court employees who were arrested by immigration officials last week at state courthouses as they were leaving their work shifts.

While the status of those court contracts remains uncertain, Department of Administration Director Jerome Williams said he decided to terminate another 45 or so contracts with the companies after an internal review in which he found the companies had been reporting many fewer employees to the Department of Labor & Training than they had told the state they had available to perform the cleaning contracts.

TriState told the state it had 100 or so employees and state labor officials, it had about a half-dozen.

"The way I am interpreting that is (that) they are telling us one thing and reporting something else,'' Williams said.

Williams said the president of Falcon acknowledged his company was not in all cases completing the so-called "I-9 process'' that all employers are required by federal law to perform to determine whether all their employees are eligible to work in this country.

That Falcon was not obtaining the necessary information to complete this federal employer requirement "causes me grave concern,'' Williams said. He said he asked TriState to produce the same documentation; up until this point, he had not received all of the documents requested.

Governor Carcieri said in a statement about the move, "This should send a clear message to all companies who are doing business with the state. We will not tolerate non-compliance of state and federal laws and we will not tolerate companies who violate the terms of their contract."

Williams said the administration has put all state agencies on notice that they are responsible for the "cleanliness'' of their buildings while the state does an "emergency procurement'' to bring in replacements, by Aug. 12, for up to 90 days, while going back out to bid for new multi-year cleaning contracts.

When reached after the governor's announcement, David A. Civetti, vice president of Tri-State Enterprises, said, "Yeah, it's all news to me...This is the first I'm hearing of that.''

Civetti said he and the company's president, Anthony E. DeSimone Jr. were planning to meet with their lawyer, Thomas DeSimone, Anthony's brother, last evening and might have more to say tomorrow.

>> Continue reading: State ending most TriState, Falcon cleaning contracts

NORTH PROVIDENCE -- The largest state employees union has overwhelming rejected a four-year deal brokered by its own leaders and the Carcieri administration, by a vote of 2,870 to 196.

Council 94, American Federation of State, County & Municipal Employees, announced the election result this afternoon, after tabulating the votes of its 24 member local unions this afternoon in the basement of its Charles Street headquarters. Union leaders counted the ballots by hand.

More to come ...

PROVIDENCE -- An expert witness who evaluates police practices took the stand today on the behalf of a Narragansett tribal member who accuses a state trooper of violating his civil rights during a 2003 raid on a tribal smoke shop.

Reginald Allard, of the company called the 13th Juror, said in his assessment that Trooper Kenneth Jones applied unreasonable and unnecessary force because Adam Jennings was under control when his ankle was twisted and broken.

Allard based his conclusions on viewing state police video of the raid -- which he considers a witness.

Allard said the video shows another state police officer, Sgt. Wilfred K. Hill, after Jennings has been taken to the ground, getting up, putting on his hat and walking away. Allard said an officer would not do that if there were a safety concern. About 10 seconds later, Allard said, the video shows Jennings yelling out.

On cross-examination, Assistant District Attorney Partington got Allard to acknowledge that the fact that it took five troopers to get Jennings to comply indicates that someone was resisting arrest.

Later, state police Lt. Darren Delaney, an instructor at state police training academy, testified that the ankle-turn control technique that jones used was appropriate, given level of resistance Jennings was showing -- tucking his hands into his body and kicking at officers.

Just because Jennings' ankle was broken in the confrontation does not mean Jones used the technique incorrectly, Delaney said.

The technique is taught at the training academy, Delaney said, where Jones went in 1997.

The testimony came in the third day of the re-trial of the civil suit brought by Jennings against Jones.

Yesterday, an orthopedic surgeon told jurors that Jennings suffered some permanent loss of motion from the injury.

-- Journal staff writer Katie Mulvaney

Batman. The Joker. The Dark Knight. Which is which?

Moviegoers are being drawn to the current dark depiction of the comic-book hero, showing in theaters near you.

This latest chapter in the Batman saga features a new twist -- scenes shot with IMAX cameras.

Rhode Islanders will find a place to see that film in Providence, at the Feinstein IMAX Theater at the Providence Place mall. Check the Web site for details, times.

The movie is playing at many other theater around the area. Check our listings for showtimes and locations.

Journal photo / C. Eugene Emery
This tree was struck by lightning and fell this afternoon on Hope Street in Bristol, just north of Gooding Avenue. It blocked all lanes except the northbound breakdown lane, causing a major traffic tieup.

National Grid reports that roughly 7,100 customers lost power in a fast-moving thunderstorm that passed through Rhode Island in the last hour.

The largest numbers of power failures have been in Exeter, with about 1,500 customers, and in East Greenwich, with 1,400 customers, according to National Grid spokesman David Graves.

Hundreds of customers in North Kingstown, Warwick, Bristol, Burrillville, East Providence and Hopkinton also are without power.

Graves said multiple factors contributed to power failures including high winds, lightning, hail and broken limbs that may have interfered with equipment.

He said trucks began rolling out to these areas immediately. Power should be restored to most customers by 9 tonight.

East Greenwich police report no injuries from the storm, but said there are multiple power failures along the Route 2/Frenchtown Road corridor to many homes and business.

The 2500 block of Division Road is closed to traffic because of flooding. Numerous trees around town have been uprooted and are blocking roads, including South and Middle roads.

In West Warwick, police report a lot flooding on Main, Providence and Washington streets, but no road closures. A tree is down on Pond Street, but there are no injuries.

In Bristol, a tree fell across Hope Street, blocking the way there.

-- Journal staff writer Lisa Vernon-Sparks, with reports from The Journal East Bay bureau

Journal photo / M. Charles Bakst
The storm strikes downtown Providence shortly after 4 p.m.

While the dark clouds have passed over quickly in Providence, their impact is still being measured.

According to the National Weather Service, rain fell at a rate of 8 to 10 inches per hour at T.F. Green Airport in Warwick.

"This is very heavy rain!," the service exclaimed.

The NWS said that one urban flood report in Warwick indicated cars floating on Route 5.

So, it's understandable that:

...A Flash Flood Warning remains in effect until 515 PM EDT for Bristol County in southeast Massachusetts...and eastern Kent... southeastern Providence...extreme northeastern Washington... northwestern Newport and Bristol counties in Rhode Island...

At 424 PM EDT...National Weather Service Doppler radar continued to indicate a cluster of thunderstorms producing torrential downpours.

Once the rain arrives in your community...it is expected to last for about one half hour.

Widespread urban flash flooding is likely as it crosses through far eastern Rhode Island through the Taunton...Attleboro...Rehoboth...
and Fall River areas in southeast Massachusetts.

Do not drive your vehicle into areas where the water covers the roadway! The water depth may be too great to allow your car to cross safely. Move to higher ground.

A Severe Thunderstorm Watch remains in effect until 1000 PM EDT Wednesday evening for northern Connecticut and Massachusetts and central Rhode Island.

From the National Weather Service:

... A Tornado Warning remains in effect until 445 PM EDT for west
central Bristol County in southeast Massachusetts... and extreme
northeastern Kent... southeastern Providence and northern Bristol
counties in Rhode Island...

At 404 PM EDT... trained weather spotters reported a water spout near
Barrington Beach. This funnel cloud has since lifted but is still
capable of producing a tornado as it moves across southern Bristol
County in Massachusetts through 445 PM. This includes
Swansea... Rehoboth and Dighton.

When a Tornado Warning is issued based on Doppler radar... it means
that strong rotation has been detected in the storm. A tornado may
already be on the ground... or is expected to develop shortly. If you
are in the path of this dangerous storm... move indoors and to the
lowest level of the building. Stay away from windows. If driving... do
not seek shelter under a Highway overpass.

Do not use Highway overpasses for shelter. Overpasses do not provide
protection from tornadic winds. Vehicles stopped under bridges block
traffic and prevent people from getting out of the storm's path and
to shelter. If you cannot drive away from the tornado... get out of
your vehicle and lie flat in a ditch as a last resort.

A Severe Thunderstorm Watch remains in effect until 1000 PM EDT
Wednesday evening for northern Connecticut and Massachusetts and
central Rhode Island.

By Daniel Barbarisi
Journal staff writer

PROVIDENCE -- The organizers of the Puerto Rican Cultural Festival have been given last-minute city approvals that will allow them to hold their waterfront festival this weekend. But today they were denied a liquor license, a rejection that they say will put their entire event in jeopardy.

The lead sponsor, they said, is Budweiser, and if they cannot serve alcohol and retain Budweiser's sponsorship, they may not be able to pay for the significant police details required by the city.

"You might as well close the festival. Budweiser is our main sponsor," said festival president Carmen Bucholz.

The festival's organizers are contending that the denial is race-related. Other festivals, like a WBRU event last week, have been allowed to serve alcohol.

"That's completely unequal treatment -- they approved it before, for other people," said organizer Vivian Moreno.

Licensing Board Vice Chairman Gordon Fox, who is also a state representative, said the board doesn't know enough to condone liquor sales at the festival.

"I am not convinced, ladies and gentlemen, that a liquor license is appropriate for this outing," Fox said.

The board, Fox said, has "very little information about the control of it, and in the past this has been a non-alcohol event," he said.

"We don't know how many people are going to show up, we don't know what exactly the parking situation is going to be, we don't know exactly what the police are going to deal with because of those two situations," he said.

Jenny Rosario, a festival organizer, said that it is unfair to do this to the festival at the last minute.

Fox fired back that this is the fourth time that the organizers have been before the board, and that they have not yet presented adequate plans.

"The reason that it's been here four times is that this has been evolving. No one came here the first hearing with a plan to do this. We're trying to balance the equities here, but at some point, look in the mirror," Fox said.

"I don't want to hear any more about how this is unfair or prejudiced."

The festival has become part of a larger battle over zoning along the Allens Avenue waterfront. The festival is planned for the Providence Piers property owned by developer Patrick T. Conley, who has been holding festivals there all summer even though it is not zoned for that use.

>> Continue reading: Puerto Rican fest fails to get liquor license

Rose Calise of Warwick sent projo.com this view of the shore, from the Ocean Mist at Matunuck Beach in South Kingstown. See more photos by projo.com readers, or share your own, at our Summer Snapshots slideshow.

PROVIDENCE -- The retrial of a civil case stemming from a broken ankle suffered by a Narragansett tribe member during the 2003 state police raid on the tribal smoke shop goes into its second day today.

State Police Detective Kenneth Bell, who was undercover inside the shop, will return to the stand after being the first police officer to testify yesterday in the case brought by Adam Jennings.

A detective specializing in cyber crime, Bell described having profanities hurled at police when they announced their presence. He said he told an officer to arrest Jennings after his repeated outbursts, including making threats to uniformed officers who came through the door.

Bell's testimony continues today under questioning by Special Assistant Attorney General John Moreira.

At Governor Carcieri's orders, the state police executed a search warrant on the shop July 14, 2003, to stop the Narragansetts from selling tax-free cigarettes. The raid descended into a confrontation that left at least eight people, including Jennings, injured and eight tribe members under arrest.

Jennings filed suit, accusing State Trooper Kennth Jones of violating his civil rights by twisting his ankle until it broke.

It is the second time the case has gone to trial. In 2005, a jury found that Jones used excessive force and battery against Jennings and awarded Jennings $301,000.

U.S. District Judge Ernest Torres overturned that verdict, but the federal appeals court ruled in Jennings' favor, sending the case back to Torres to consider motions he did not rule on after the 2005 trial.

In May, Torres granted the state's motion for a new trial. In ruling, he wrote that the state police testimony proved more believable than that of defense witnesses and Jennings during the 2005 trial.

-- With reports from Journal staff writer Katie Mulvaney

Tonight is movie night at Misquamicut Beach in Westerly. The featured film is Bee Movie, an animation about a bee (voiced by Jerry Seinfeld) eager to explore the world outside his hive. The show starts at dusk. Admission is free. The event is sponsored by the Chamber of Commerce, (401) 596-7761.

If, on the spur of the moment, you were thinking of going to the opening night of the Kingston Chamber Music Festival at the University of Rhode Island --it's sold out.

Tonight's performances feature violinists David Kim and Stephanie Jeong; pianist Natalie Zhu; violists Rose Armbrust and Che-Hung Chen; cellist Priscilla Lee and Kenneth Olsen; Biava Quartet, featuring violinists Austin Hartman and Hyunsu Ko; violist Mary Persin and cellist Jason Calloway. Works by Mozart and Mendelssohn.

Take a look at the concert schedule to see what's coming up.