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May 5, 2006

Man who pepper-sprayed dogs on beach apologizes

NEWPORT -- The man who attacked two dog owners and their unleashed pets with pepper spray on Middletown's Second Beach this past winter apologized and pleaded no contest in District Court today to misdemeanor charges of simple assault and disorderly conduct.

David T. Hayes, 51, of 7 Renfrew Park, Middletown, was ordered to make restitution -- the cost of one of the pet owner's damaged clothing -- and to stay away from his victims. Judge Stephen Erickson also banned Hayes from returning to the town's most popular beach for a year. The charges were filed for one year and will only be revisited if Hayes runs afoul of the law during the next 12 months.

The incident sparked an emotional debate in Middletown over whether dogs should be allowed on the beach without a leash during off-peak times of the year. Hayes complained to the pet owners about their unleashed dogs before using the pepper spray one person and one dog. The police arrested Hayes, but also cited the pet owners with violating the town's leash law.

-- Journal staff writer Rich Salit

Posted by Andrea Panciera at 6:50 PM | Comment

Flanders on Carcieri legal team against Beacon

Robert G. Flanders is among a team of attorneys representing Governor Carcieri in his court battle with Beacon Mutual Insurance Co. board members George H. Nee and Henry R. Boeniger.

Flanders, a former Rhode Island Supreme Court justice, has been nominated to join the 1st Circuit Court of Appeals.

Carcieri's spokesman, Jeff Neal, confirmed this afternoon that Flanders is one of the attorneys from the law firm Hinckley Allen Snyder assigned to the case. He could not say how many attorneys are on the team fighting to preserve the governor's right to fire the embattled Beacon Mutual board members.

Flanders was recommended to the federal court by U.S. Sen. Lincoln Chafee, R-R.I., in March. President Bush has yet to act on the recommendation, which is subject to Senate confirmation.

Posted by Steve Peoples at 6:45 PM | Comment

WaterFire begins anew May 13

PROVIDENCE -- Downtown will be aglow next Saturday, May 13, when WaterFire is held for the first time this season.

The"full" lighting will begin shortly after sunset, around 7:55 p.m., and continue until 1 a.m.

Thousands of visitors are attracted to to the rivers of downtown Providence each year for WaterFire, a free, dream-like multimedia fire installation by artist Barnaby Evans. This is WaterFire's 11th year.

Posted by Steve Peoples at 6:25 PM | Comment

Electric Boat designers' union inks deal

NEW LONDON, Conn. -- Submarine builder Electric Boat agreed to a four-year contract with its unionized designers earlier today, a deal the company said provides union stability as it seeks work on the next generation of nuclear subs.

The deal covers about 1,500 members of the Marine Draftsman Association, which represents designers, draftsmen and technicians.

Electric Boat, a division of General Dynamics Corp., is suffering from a slow pace of submarine work. In December, the company announced plans to eliminate up to 2,400 jobs this year.

Today's deal allows the company and its congressional allies to lobby for a faster submarine construction schedule without the threat of labor disputes hanging over EB.

Unlike past contracting slumps, there is no next-generation submarine being designed to offer hope of a future boom.

"We're going to have to be scrambling to find work for this part of our work force and they've agreed to work with us to go get it," company spokesman Robert Hamilton said.

The deal includes a $1,000 signing bonus, 3-percent annual raises and increases in the pension, Hamilton said.

-- The Associated Press

Posted by Steve Peoples at 5:30 PM | Comment

R.I. building permits jump in first quarter

Building permits for new single-family homes in Rhode Island jumped 24 percent in the first quarter, running counter to a six-year decline that has prompted complaints from builders about restrictive zoning regulations in the state.

Single-family building permits totaled 415 in the first three months of this year, the Rhode Island Builders Association reported today. That is up from 334 in the same period last year.

The builders group attributed the rise, in part, to a warm winter.

Posted by at 5:07 PM | Comment

Red Sox sign record radio deal

BOSTON -- In a landmark deal guaranteed to reverberate throughout baseball and the broadcasting industry, the Red Sox today secured a record-breaking 10-year, $200 million deal to return their play-by-play rights to Boston flagship WEEI Radio.

The rights had been the subject of a bidding war between Entercom Radio, the parent company of WEEI, and Greater Media, which owns a handful of stations in Boston, including WBOS-FM.

-- Journal sports writer Sean McAdam

Greater Media had offered the Red Sox an equity stake in WBOS-FM in return for the play-by-play rights for the team's broadcasts, but, ultimately, Red Sox principal owner John Henry opted for the more conventional -- if record-setting -- standard rights-fee arrangement.

The deal more than doubles the Red Sox' rights fee from this past season, the final year of a multiyear arrangement with Entercom/WEEI. The last deal, which escalated yearly, topped out at approximately $8 million for this season.

The $20 million-per-year average, which combined cash and value, is unprecedented in its length and value. It's believed the New York Yankees, whose deal with WCBS-AM in New York expires after this season, had held the previous record for most lucrative rights fees, earning in the neighborhood of $10 million annually.

The deal benefits Entercom in two ways. First, in keeping the rights away from Greater Media, Entercom also succeeded in preventing a potential competitor taking shape on WBOS-FM. It had been Greater Media's intent to turn WBOS-FM, which currently has a music format, into an all-sports station to compete directly with WEEI.

WEEI's ratings dominance in Boston is unchallenged. The station is a powerhouse, leading the market in the critical men's 25-54 demographic throughout the day. A recent broadcast trade industry report said the station billed $47 million in advertising in 2005.

Secondly, Entercom can attach the successful Red Sox brand to its family of stations. It's likely Entercom will place the team's broadcasts on WRKO-AM in Boston to help lift the sister station's profile. The games will continue to air in the Rhode Island market on WEEI-FM (103.7).

Henry is likely to be hailed by fellow baseball owners for securing such a significant leap in local media income. Several small-market teams have local TV deals which don't equal one-quarter of today's radio windfall.

-- SEAN McADAM

Posted by Art at 4:28 PM | Comment

3 ACI guards accused of assaulting 5 inmates

PROVIDENCE -- Three state prison guards, including a captain who allegedly forced an inmate to taste his own feces, were arrested today for assaulting five inmates at the Adult Correctional Institutions.

Capt. Gualter Botas, 37, was charged today with eight counts of simple assault; Lt. Kenneth Vivieiros, 53, was charged with four counts of simple assault, and Ernesto Spaziano, 37, was charged with one count of simple assault.

They were arraigned on the misdemeanors today in District Court and released on their own recognizance.

If convicted, ACI Director A.T. Wall said today he would move to fire the three officers who will remain suspended from work with pay.

-- Journal staff writer W. Zachary Malinowski

Posted by at 3:55 PM | Comment

Kennedy says he will enter rehab

WASHINGTON - - Rep. Patrick Kennedy will enter rehab for addiction to prescription pain medication today after a highly publicized car crash near the Capitol.

Kennedy, D-R.I., plans to seek treatment at the Mayo Clinic in Rochester, Minn.

-- The Associated Press

Posted by Jack Perry at 3:04 PM | Comment

Judge fines Lynch for comments in lead-paint case

PROVIDENCE -- A judge fined Attorney General Patrick C. Lynch $5,000 and held him in civil contempt after he publicly accused former lead paint makers of twisting the facts during Rhode Island's landmark lawsuit against the companies, according to newly unsealed court documents.

In a ruling dated Dec. 6, Superior Court Judge Michael Silverstein said Lynch's remarks violated rules on court conduct regulating what lawyers may say publicly about cases. The judge said in his contempt order that he had earlier warned Lynch to comply with the rules during the state's second trial against former lead paint manufacturers.

The contempt order was among dozens of documents from the civil trial that were unsealed late yesterday and made publicly available today in Providence Superior Court.

After fining Lynch, Silverstein agreed to stay the penalty to allow the state to appeal it.

In a statement this afternoon, Lynch said he disagreed with the court's findings of contempt: "I did not commit, and never would commit, any willful act to challenge any Court order concerning the limiting of statements that could affect pre-trial or trial publicity."

However his comments were interpreted, he said, "they carried my deep concern" for the thousands of Rhode Island children and families who have been, and continue to be, harmed by lead-based paints."

-- The Associated Press, with projo.com reports

Lynch referred to the companies as "those who would spin and twist the facts" during comments made outside court, according to a Nov. 17 article in The Providence Journal.

The comment came after Silverstein rejected mistrial motions filed by the four defendants a few weeks after the trial began.

A jury in February held three of the companies - Sherwin-Williams Co., NL Industries Inc. and Millennium Holdings LLC - liable for creating a public nuisance. They will be ordered to clean up contamination caused by lead paint, which the state says could cost billions of dollars.

After the article appeared, Millennium Holdings filed a motion to have Lynch held in contempt.

The company argued in its memo that Lynch's comments represented a "direct and unambiguous assault upon the very character and credibility of the defendants" and said the words "spin" and "twist" were prejudicial.

-- The Associated Press, with projo.com reports

Posted by Jack Perry at 1:52 PM | Comment

Police report: Kennedy cited for 3 infractions

WASHINGTON, D.C. -- U.S. Rep. Patrick J. Kennedy received three "notices of infractions" in connection with his car crash early yesterday morning near the Capitol, according to a police report.

The report by a U.S. Capitol Police officer said Kennedy drove his green 1997 Ford Mustang convertible into a security barrier near the Capitol shortly before 3 a.m. Thursday, and that Kennedy had red, watery eyes, slurred speech and unsteady balance.

The Rhode Island Democrat, 38, told the officer he was "headed to the Capitol to make a vote," the report said. It said he failed to keep in proper lane, traveled at "unreasonable speed" and failed to "give full time and attention" to operating his vehicle.

Kennedy spokeswoman Robin Costello acknowledged earlier today that the police report was filed, but said "we have no knowledge of any citations."

Kennedy aides received the accident report this morning at his congressional office, said Costello, who is Kennedy's spokeswoman in Rhode Island.

The accident involving the son of U.S. Sen. Edward M. Kennedy, D-Mass., and member of the famous Kennedy clan has drawn widespread attention. National media are camped outside his Washington home this morning.

-- Associated Press, with reports from Journal Washington bureau writer John E. Mulligan

Posted by Steve Peoples at 12:37 PM | Comment

Where's Marjorie Yashar?

How hard is it to find a retired judge?

If it’s former Traffic Tribunal Judge Marjorie R. Yashar, it’s been almost impossible.

For the last month Attorney General Patrick C. Lynch has been trying to serve Yashar with notice of a lawsuit seeking to reduce her pension benefit.

First a complaint was sent certified mail. Then Lynch hired somebody to hand-deliver the summons – but after 11 attempts, Yashar has yet to answer the door at her Florida home.

At times, there' s a car with Rhode Island license plates in the driveway, according to court records. Now, Rhode Island judge has given Lynch permission to tack the summons onto Yashar’s front door.

Judge Yashar retired in September after spending eight months on unpaid leave. However, court officials gave her credit for those months of leave, which boosted her annual pension from $81,650 to $120,310.

``Our effort to protect the taxpayers of Rhode Island against this gross overpayment has been stuck in neutral, but I am confident that taking it to the next level and tacking the summons and complaint onto Judge Yashar's door will soon shift the legal process into drive,’’ Lynch said in a statement.

-- Journal State House bureau Scott Mayerowitz

Posted by Jack Perry at 11:50 AM | Comment

Health care experts to discuss nursing shortage

A nonprofit organization that conducts research on health care issues has gathered national experts today to discuss what it calls “Rhode Island’s dangerous nursing shortage.”

The Rhode Island Shape Foundation, which has conducted a study on nursing shortages, has invited university leaders and health care professionals to discuss topics such as why nurses are needed at the bedside and creative models for nursing education. The conference continues throughout the day at the Providence Marriott, with expert lectures in the morning and small group discussions in the afternoon to consider solutions to the nursing shortage, according to Allison Kerbel, a policy communications associate for Clarendon Group, which represents the Shape Foundation.

The conference is not open to the public.

Posted by Kate Bramson at 9:42 AM | Comment

Warmest day of the year?

PROVIDENCE -- That’s right. With temps in the lower 80s expected for the Providence area, today is poised to be the warmest day of the year -- so far, that is, according to National Weather Service meteorologist Tracy McCormick.

Today’s temps would top yesterday’s 77-degree high at T.F. Green Airport in Warwick and two April days in the lower 70s, but they won’t break the record temperature for May 5 of 91 degrees set back in 1949, McCormick said.

Nevertheless, low 80s are high for this time of year. Normal would be mid-60s, according to the National Weather Service.

Get the latest conditions and forecasts from projo.com.

Posted by Kate Bramson at 6:59 AM | Comment