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November 30, 2006

Warm days weren't your imagination

This month has been the warmest November in Rhode Island in nearly 60 years and the second-warmest on record.

The average temperature last month at T.F. Green Airport, as of Wednesday, was 48.9 degrees, which was 4.9 degrees higher than normal, according to the National Weather Service.

Only one other November on record was warmer. November 1948 had an average temperature of 49.8 degrees.

Those higher temperatures translated into a reduction in heating costs by an average of 24 percent, according to the U.S. Department of Energy.

“Part of the reason is the unseasonably-cold air has been locked up in western Canada,” said Neal Strauss, a meteorologist with the National Weather Service in Taunton, Mass. He also suggested that global warming may be a factor.

“If you just go back to 1990, we’re headed in a direction that would indicate global warming,” Strauss said. Six of the 10 warmest years on record have occurred since 1990.


Get current weather conditions and forecasts...

-- Journal staff writer Timothy C. Barman

Posted by Steve Peoples at 6:25 PM | Comment

Woonsocket man charged in friends' deaths denied driving

PROVIDENCE — The man charged with the death of three of his friends initially denied being the driver of the car that launched through a Woonsocket intersection and crashed into a tree last month, according to testimony presented today in the suspect's first court appearance in nearly a month.

Police believe that Patrick G. Coyle, 21, of 41 Congress St., Woonsocket, was the driver of the car and that he was under the influence of alcohol when he crashed. Coyle has been charged with three counts of driving to endanger, death resulting, three counts of driving under the influence; and one count of driving with a suspended license.

But today's hearing was primarily focused on a probation violation. At the time of the crash Coyle was serving an eight-year suspended sentence for a 2005 drug charge. If prosecutors prove that Coyle broke the law, they can seek to have him serve part or all of the eight-year sentence.

Among those who testified for the prosecution today was Woonsocket firefighter Steven Encarnation, one of the first to arrive at the scene on Oct. 29. He told prosecutors that Coyle said he was sitting in the back seat of the car at the time of the accident, even though Encarnation saw him in the driver’s seat when he arrived.

After pulling himself out of the driver’s side window, Coyle also told rescue personnel that Travis Trifault -- who was found dead in the front passenger seat -- was driving at the time of the accident, and that he and his friends were at Amvets Post 7 before the accident.

-- Journal staff writer Kia Hall Hayes

Appearing in court in handcuffs today, Coyle said little but often turned to look at his family members.

The single-car crash at 10:45 p.m. at the intersection of Winter Street and Harris Avenue, near the entrance to Cold Spring Park, claimed the lives of brothers Victor and Steven Vasquez, 24 and 21, and Travis Thifault, 20.

Photographs the prosecution showed during the hearing showed the mangled white car lying upside-down and nearly flattened by the impact.

-- Journal staff writer Kia Hall Hayes

Posted by Steve Peoples at 6:22 PM | Comment

Bishop to stay in hospital 'at least another day'

PROVIDENCE -- It looks like the Rev. Thomas J. Tobin won't be leaving the hospital in the immediate future.

The Roman Catholic Bishop of Providence will stay in Our Lady of Fatima Hospital "for at least another day, likely longer, for ongoing treatment and evaluation of pain he is experiencing in his back," according to a brief statement released this afternoon by the Diocese of Providence.

Tobin was admitted to the hospital Tuesday afternoon "following consecutive days of back pain," according to the Diocese.

"The bishop expresses his gratitude for the many prayers and well wishes he has received throughout the week," reads the statement.

Posted by Steve Peoples at 5:04 PM | Comment

Common Cause nudges Assembly over separation of powers

commcausereport.jpg
Journal photo / Bill Murphy
Peter Hufstader, research director of Common Cause of Rhode Island, announces the release of a progress report on separation of powers today. Looking on is Christine Lopes, the new executive director of Common Cause.

PROVIDENCE – The General Assembly isn’t finished implementing separation of powers, and the advocacy group Common Cause held a press conference today to remind the Assembly of just that.

"The bottom line is that progress is being made, but we’re not done," Common Cause of Rhode Island’s new executive director, Christine Lopes, said. She later added, "We’re dealing with something that no other state has dealt with in over 200 years. It’s going to take time."

The Common Cause event focused on annual reports from state agencies – a part of separation of powers that the Assembly isn’t ready to tackle just yet, said state Rep. Elaine M. Coderre, D-Pawtucket, who chairs the House Committee on Separation of Powers.

In an interview after the press conference, Coderre said Common Cause is "getting a little bit ahead" of what her committee can handle. However, she said she appreciates the group's research and advocacy on the issue.

The Assembly has not yet addressed several important boards, in part because Common Cause strongly opposed proposals for how to reconstitute those boards during the 2006 legislative session.

There are sure to be fireworks during the 2007 session over what those boards, which include the Narragansett Bay Commission and the Coastal Resources Management Council, should look like.

But today's focus was on the reporting requirement. Part of the reason for removing legislators from the boards is that the legislative branch is supposed to perform an oversight function – that is, oversee the executive branch, which includes the boards in question – as part of the checks and balances between the three branches of government.

-- Journal staff writer Elizabeth Gudrais

All of the boards are required to file reports, but not all the requirements specify what the reports should contain, or who’s supposed to read them or respond when a board misses a filing deadline.

In order for the oversight function to work, the reports "must be submitted, someone must enforce compliance, and someone must verify the contents and follow up if necessary," Common Cause research director Peter Hufstader said.

A constitutional amendment to require that Rhode Island’s three branches of state government be "separate and distinct" was approved by 78 percent of voters in 2004. Since then, the most visible aspect of the measure’s implementation has been removing legislators from state boards and commissions.

The Assembly removed lawmakers from 50 boards and repealed 13 more boards that were inactive. Still, work remains to be done on that step.

-- Journal staff writer Elizabeth Gudrais

Posted by Steve Peoples at 5:02 PM | Comment

R.I. officials: Time to roll up your sleeves for flu shots

PROVIDENCE -- A bevy of high-ranking state and federal health officials today urged Rhode Islanders to roll up their sleeves and get flu shots before peak flu season hits.

"Getting the flu causes even healthy people to miss work, disrupts their lives, and has important consequences for society,’’ Dr. David R.Gifford, director of the Rhode Island Health Department, said at a State House press conference today.

Gifford said it is especially important for health care workers, children younger than 5 years old, adults 50 or older, pregnant women and anyone with a chronic medical condition, including asthma, heart disease or diabetes.

"The good news is that it is not too late to vaccinate. This year there is plenty of flu vaccine available in the state and getting vaccinated in December, January or even later, will still provide significant protection against the flu,’’ Gifford said.

Find out more about flu, its symptoms and how to prevent it, from the state Department of Health.

-- Journal staff writer Scott MacKay

Posted by Steve Peoples at 4:49 PM | Comment

State Christmas tree may survive this year

PROVIDENCE -- So far, Rhode Island's official Christmas tree is a success. That is, the state hasn't killed it.

Guided by a stringent fire code, State House workers last year subjected an 18-foot spruce to an overnight drying before commercial fans. Then they showered it with fire retardant. The tree dropped its needles and died beneath the Capitol rotunda days before Christmas.

This year, new rules allowed workers to skip the fans and chemicals.

But they still require a fire marshal to inspect large, public buildings before a Christmas tree can go up. Lights must meet industry safety standards, and extra fire extinguishers have to be close by.

The rules also require a start-to-finish watering schedule.

The public is invited to a State House tree-lighting ceremony planned for 5:30 p.m. tomorrow. Santa and Mrs. Claus will be on hand, as will a story teller and an arts and crafts table for children. Cider and gingerbread cookies will be served.

-- Staff and wire reports

Posted by Steve Peoples at 3:35 PM | Comment

Update: Judge won't waive Derderians' $1 million fine

PROVIDENCE -- A federal bankruptcy judge refused to wipe out Michael and Jeffrey Derderians' $1.06 million fine this afternoon as part of The Station nightclub coowners' bankruptcy proceedings.

The Derderians did not have the required workers compensation insurance for their employees the night of the February 2003 fire that killed 100 people and injured another 200. The state fined them $1.06 million as a result.

Their lawyers argued today that the fines should be wiped out as part of the brothers' bankruptcy proceedings. But a lawyer for the government said that federal statutes don't allow government fines to be discharged in bankruptcy cases.

The judge agreed, noting that federal statutes clearly exempt government fines from bankruptcy proceedings.

The issue now goes back to the state workers compensation court. Two years ago, a judge there ruled that the Derderians' were personally liable for the fine. The Derderian's had planned to appeal that decision, but the appeal was delayed while the bankruptcy judge decided the case that was heard today.

Now, a three-judge panel of the workers compensation court will hear the Derderians' appeal of the original decision that they were personally liable for the $1.06 million fine. Whichever way the appeals board decides, the issue is expected to end up in the state Supreme Court.

-- Projo.com staff writer Steve Peoples with reports from Journal staff writer Lynn Arditi

Posted by Steve Peoples at 3:17 PM | Comment

Ceremony marks Galilee dredging project / Photo

galileedredging.jpg
Journal photo / Mary Murphy
A fishing boat travels into the channel leading into Galilee and the Harbor of Refuge in Narragansett today, when a ceremony to kick off its dredging was held at the nearby Salty Brine State Beach Parking lot.

NARRAGANSETT -- The Harbor of Refuge in Point Judith is home to one of the nation’s most productive fishing fleets, the Block Island ferry, and serves as hallowed grounds to legions of recreational boaters and fishermen.

Today, as trawlers passed and a seal bobbed in the water nearby, state, local and federal officials marked the start of work to dredge sand and silt from the port’s channels. The fruits of that effort will then be dumped off Matunuck, in hopes it will replenish Roy Carpenter’s and other beaches stripped by coastal storms.

"This community depends so much upon this channel,’’ said U.S. Sen. Jack Reed, D-R.I., at a brief ceremony at Salty Brine State Beach.

The dredging is expected to begin Dec. 15 and last until mid-March.

Three years in the making, the project has entailed coordination between the state Coastal Resources Management Council and the U.S. Army Corps of Engineers as well as the towns of Narragansett and South Kingstown -- who were all represented today.

The work will include removing 90,000 cubic yards of sand and sediment from about 20 acres encompassing the harbor channels and anchorage areas. Natural shoaling in the entrance and the east and west branch channels as well as the 6-foot channel leading into Point Judith Pond is making navigation hazardous, according to the Army Corps.

The dredging will be done by a hopper or mechanical dredge. A dump scowl will then, within days, be towed to two designated disposal sites in the inter-tidal zone off Matunuck.

A storm ate away at Roy Carpenter’s Beach just before Halloween, leaving barely 20 feet of sand between the beach community and the water. Last year, a series of storms destroyed a snack shop there and a wooden boardwalk at South Kingstown Town Beach.

"We are in desperate need of sand,’’ said Tom Pyne, president of Carpenter’s beach association.

-- Journal staff writer Katie Mulvaney

The Corps abandoned plans to place the dredged sand at East Matunuck State Beach out of concern that the replenished beach would attract piping plovers, an endangered shorebird.

The dumping grounds were shifted to two spots off Matunuck after lobbying by the town and a letter writing campaign by beachgoers at Carpenter’s. The material has tested as clean and would be dropped in water that is 15 to 18 feet deep at low tide, said Michael Walsh, project manager for the Army Corps.

Pyne said he realizes that placing the dredged material off the coast doesn’t offer an absolute solution, but he hopes that at the very least it will slow the wave action. "It’s a crap shoot, but it can’t hurt,’’ he said.

A total of $2.2 million in federal funds has been designated for the Point Judith project, $334,000 of which would go toward the disposal, according to federal officials.
The Army Corps awarded a $1.5 million contract to Newborn Construction Inc., of Center Moriches, N.Y., in October.

The towns of South Kingstown and Narragansett are sponsoring the project with the CRMC. The work will be overseen by the Corps.

Maintenance dredging was last done on the Harbor of Refuge in 1977, when approximately 72,000 cubic yards of material was removed.

Walsh said the work shouldn’t interfere with ferry and other boat traffic in the harbor.

-- Journal staff writer Katie Mulvaney

Posted by Andrea Panciera at 2:40 PM | Comment

Rhode Island makes 'Fatal Fifteen' for third year

PROVIDENCE -- Rhode Island has earned the unwanted distinction of making the "Fatal Fifteen" list for the third consecutive year, meaning that the Ocean State has one of the highest rates of alcohol-related fatalities in the nation.

Nearly half of all roadway fatalities in Rhode Island -- 43 of 87 -- reported last year were alcohol-related, according to the statistics gathered by the U.S. Department of Transportation.

The "Fatal Fifteen" list was compiled and released today by a physician-led advocacy group called End Needless Death on Our Roadways.

“Motorists are facing an epidemic of death on our roadways, and tragically, many of
these fatalities and serious injuries could have been prevented,” said Andrea Barthwell, the group's co-chair and a former official in the White House Office of National Drug Control Policy, in a statement.

Perhaps the only good news for the state is that Rhode Island has slipped from the top spot on the list -- an unwelcome distinction it held for the previous two years. In this year's report, Rhode Island is ranked third worst in the nation for alcohol-related fatalities, behind Washington, D.C., and Hawaii.

Rhode Island actually reported one more alcohol-related death last year than the year before. But its overall percentage of alcohol-related deaths dropped slightly because there were four more deaths reported.

Rhode Island is the only New England state in this year's top 10. Connecticut is ranked 11th, Vermont 21st and Massachusetts 25th.

State lawmakers passed a law this year raising the penalties for drivers who refuse to submit to a chemical test for alcohol, doubling the minimum license suspension for the first offense from three to six months.

Posted by Steve Peoples at 1:15 PM | Comment

Fortunato denies stay, ballot issue to Supreme Court

PROVIDENCE -- Superior Court Judge Stephen J. Fortunato today refused to stay yesterday's ruling that the state Board of Elections must release photocopies of rejected ballots for public inspection.

The board appealed to Fortunato this morning seeking to delay his order pending a state Supreme Court review. The board's attorney argued that allowing the public to view ballots would compromise the objectivity of the election process and could be extremely time consuming.

But Fortunato refused to comply with the request.

The Board of Elections has already asked the state Supreme Court to weigh in, but an emergency hearing this week is unlikely, according to court spokesman Craig Berke.

East Providence Mayor Joseph Larisa Jr. is asking to review 96 problem ballots that were photocopied during a recount earlier in the week. He trails his challenger by 16 votes and hopes the inclusion of some rejected ballots could give him an edge.

The Supreme Court has already ruled that the rejected ballots must be photocopied, but did not say the public could review them to argue for their inclusion in the final vote tally.

East Providence officials have scheduled an inauguration ceremony tomorrow. They plan to proceed even without the certification of the final city council spot. The ultimate winner of that race would be sworn in later.

-- Projo.com staff writer Steve Peoples with reports from Journal Staff Writer Alisha A. Pina

Posted by Steve Peoples at 12:51 PM | Comment

Update: Man to serve 40 years for killing 2-year-old / Photo

thurmon
Journal photo / Kathy Borchers
Michelle Thurmon, the mother of 2-year-old murder victim Marquel Davis, cries in court after she makes her statement. "When they took Marquel, they took my spirit," Thurmon told Superior Court Judge Robert D. Krause.

PROVIDENCE – A Superior Court judge today sentenced a Providence man to 60 years, with 40 to serve in the Adult Correctional Institutions, for the August 2005 killing of 2-year-old Marquel Davis.

Akeem King, 21, or 9 Erastus St., was found guilty last month of second-degree murder.

Today in court, Judge Robert D. Krause said the defendant “essentially used this youngster as a football.”

The child’s mother wept as she addressed the court.

“Marquel will only have his past. He will never have a future … ” Michelle Thurmon said. “When they took Marquel, they took my spirit. I wish they took me instead.”

The co-defendant in the brutal beating of the toddler has not yet come to trial. Troy Figgs, King’s roommate at the time of the murder, is scheduled to appear in court for a pre-trial hearing next week.

Thurmon, who worked as a prostitute for Figgs, had left the toddler in the care of the two men the night he was killed.

“I understand that what happened was terrible,” King said when he addressed the court this morning. “I want to apologize to Michelle.”

The prosecutor, Asst. Atty. Gen. Scott Erickson, asked Judge Robert D. Krause to impose a life sentence on King. The toddler was beaten and bruised all over his body, Erickson said, with bruises so deep that the boy’s muscles were bleeding.

Defense lawyer Mark L. Smith asked the judge to impose a sentence of 50 years, with 30 to serve.

-- With reports from Journal staff writer Gregory Smith

Posted by Kate Bramson at 12:33 PM | Comment

Schilling, on radio, defends J.D. Drew

Curt Schilling today passionately defended the Red Sox' expected signing of free agent outfielder J.D. Drew, whose potential acquisition has been criticized in both fan and media circles.

Appearing on WEEI Radio's "Dennis and Callahan Show," Schilling called Drew "a five-tool player . . . the likes of which have rarely been seen [in Boston]." Drew is thought by some to be too injury-prone and laid-back to succeed in a passionate market such as Boston, but Schilling said a player's outward demeanor wasn't a true measuring stick of his talent or desire. He compared Drew in that regard to Eddie Murray, a Hall of Fame first baseman who also was quiet and, as a result, whose dedication to the game was sometimes questioned.

Schilling made his comments because he said he was troubled by a growing public outcry -- mostly on sports-talk radio -- that was condemning Drew before he arrived.

More on this story later in the day.

-- Art Martone

Posted by Mike McDermott at 10:49 AM | Comment

R.I. misses jackpot, but does OK in PowerBall

Rhode Island missed out on last night's $74.5 million PowerBall jackpot, but $450,000 worth of winning tickets were sold in Rhode Island, according to the Rhode Island Lottery.

The $74.5 million jackpot was hit in North Carolina, but two $200,000 and five $10,000 winning tickets were purchased in Rhode Island, the Rhode Island Lottery said.

The two $200,000 winning tickets were purchased at Stateline Tobacco in Tiverton and AJ's Mini Mart in Woonsocket.

The five $10,000 winning tickets were sold at Tavares News, Pawtucket; Stop N Save, Harrisville; Dave's Marketplace, Warwick; Cumberland Farms, Central Falls; and Smokin' Joe's, Tiverton.

Posted by Jack Perry at 10:30 AM | Comment

A life on the edge

The man was ready to jump from the Jamestown-Verrazzano Bridge this morning when the police got there.

As officers climbed over a cement barrier to get closer, the man, in his 30s, stepped on the outside of the railing. He was on the bad side of the bridge, as the police say.

Daniel Silva, 27, was among the first police officers to get there at 4:30 this morning. On the North Kingstown force for just 2 ½ years, Silva had never worked with somebody ready to commit suicide.

Silva tried to develop a rapport. What's your name? Why are you up here? Let me help. He was searching for a reason for the man not to jump.

"Back up," the man said.

Silva moved back: "We told him we had to get out of the lane of travel, because at that point, there was still some traffic" on the bridge, Silva said.

The bridge was soon closed.

A couple of times, the man let go of the railing. With his back to the water, he'd turn and look behind him, "contemplating whether he was going to do it or not," Silva said.

Silva just kept him talking. And he inched closer.

"Back up," the man would say. Silva would.

Inch closer, Silva kept thinking. And he did.

"Eventually, I was able to sit on a guardrail," Silva said. "He told me to back up, but I was able to divert his attention" and get even closer.

At one point, the man let go of the railing: "He almost slipped and caught himself, and he was scared," Silva said. "It gave you the feeling that he didn't necessarily want to go over."

The man stopped telling Silva to back up.

"That's when I grabbed him and pulled him toward me," Silva said.

Then the other officers, who'd also been moving closer, took hold of the man, too.

"It was almost like he wanted to be grabbed at that point," Silva said.

The man, whose name wasn't released, has been taken to South County Hospital.

Silva has gone home, to "go to bed," he said, after his midnight to 8 a.m. shift.

-- projo.com staff writer Kate Bramson

Posted by Kate Bramson at 9:35 AM | Comment

R.I. working to prevent methamphetamine use

State law enforcement officials and drug treatment professionals today, on National Methamphetamine Awareness Day, say they are taking steps to prevent methamphetamine use in Rhode Island.

Rhode Island Attorney General Patrick Lynch says he will, for the second year, submit a bill to the General Assembly that would increase penalties for the manufacture and possession of methamphetamine.

Lynch is also joining with U.S. Attorney Robert Clark Corrente; the Rhode Island Department of Mental Health, Retardation and Hospitals; the Rhode Island Department of Health, and the federal Drug Enforcement Administration in forming a Methamphetamine Working Group.

A news conference has been scheduled for 10 a.m. in Cranston to announce the working group.

"Although Rhode Island has been spared, to date, from the proliferation of
methamphetamine manufacturing and abuse that has wreaked devastation and spiked crime in many sections of our country, we must, and do, recognize the presence of meth in our state," Lynch said in a statement. "It's incumbent on us to address and attack the manufacturing and use of this highly addictive drug on many fronts -- through education, law enforcement, and our judicial system."

National Methamphetamine Awareness Day, sponsored by the U.S. Department of Justice, is a coordinated effort to reach potential meth users with a message of prevention and to educate users about the programs available to them, according to the attorney general's office.

Lynch's office cites several statistics to demonstrate the prevalence of methamphetamine use and the problems it causes: In 2004, there were more than 600,000 methamphetamine users nationwide. According to the National Study on Drug Use and Health more than 12 million Americans over the age of 12 have tried the drug. In a 2005 survey conducted by the National Association of Counties, 47 percent of hospitals stated that methamphetamine caused more emergency room visits than any other drug.

Lynch says Illinois, Missouri, Iowa, Oklahoma and other states have seen a sharp decrease in methamphetamine production since enacting tougher legislation.

"Meth, like other illegal drugs, is a systemic problem that takes a terrible toll on our young people and our families, tearing at the fabric of our society, causing damage, pain, and heartbreak, and putting a severe and costly strain on our institutions," Lynch said. "We have to be more proactive in confronting meth on many levels, with legislation to stiffen penalties foremost among them."

Posted by Jack Perry at 8:50 AM | Comment

Common Cause to review progress on separation of powers

PROVIDENCE -- A government watchdog group plans this morning to evaluate lawmakers' progress in implementing the separation of powers amendment.

More than three-quarters of Rhode Island voters approved a constitutional change in 2004 keeping legislators who make state law from serving on the agencies that implement them. That concept is commonly called separation of powers.

This time last year, Common Cause of Rhode Island reported that the General Assembly still hadn't restructured 52 such boards. That count included the Narragansett Bay Commission and the Coastal Resources Management Council.

Common Cause's report will be released at a 10 a.m. news conference.

-- The Associated Press

Posted by Jack Perry at 7:21 AM | Comment

A balmy day with temps climbing into the 60s

The temperature should climb into the 60s today, but fall short of the record for the day of 68 degrees set in 1933, according to the National Weather Service.

Still, today's expected high of 63 degrees in Providence would be 16 degrees above the normal high of 47 and a whole 50 degrees above the record low set for this day -- a pretty chilly 13 degrees -- back in 1936.

The day is starting out with patchy fog, which should clear after 9 a.m., and partly cloudy skies.

There's a chance of showers tonight, mainly after 3 a.m.

For more weather information, see projo.com/weather.

Posted by Jack Perry at 7:05 AM | Comment

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