« December 15, 2006 | Today | December 19, 2006 »

December 18, 2006

ACLU still critical of abstinence sex-ed program

An abstinence-only sex education program which the state Department of Education reviewed before approving for use in public schools "continues to have serious flaws," charged the Rhode Island chapter of the American Civil Liberties Union today.

In March, Education Commissioner Peter McWalters advised schools not to use the program, developed by the nonprofit group Heritage of Rhode Island, after the ACLU claimed it isolated gay students and provided misleading contraceptive information.

McWalters’ advisory noted that the Heritage program, which was being used in Woonsocket at the time, was "NOT consistent with the Rhode Island Health Education Standards’’ nor had it been reviewed first, as required, by the department.

During the summer Education Department staff "encouraged Heritage to work with a consultant that would help them design a program so that it met all state regulations, and they did so,’’ said department spokesman Elliot Krieger.

Earlier this month, McWalters approved the federally-funded program for use, one of many sex-education programs school districts can choose from, said Krieger.

But the ACLU today said the program -- which is not currently being used by any Rhode Island schools -- still has several problems.

"For example,’’ the ACLU said, "the materials suggests that condoms only protect against chlamydia and gonorrhea 50 percent of the time, contradicting findings from the Centers for Disease Control and [the] World Health Organization that speak to the effectiveness of condoms’’ in protecting against sexually transmitted diseases.

Moreover, the ACLU claims, the Heritage curriculum "persists in isolating gay and lesbian youth and students in non-traditional families by suggesting that marriage is responsible for better health, lower rates of injury and illness, lower rates of depression and an increased `likelihood that fathers and mothers have good relationships with their children.’ ’’

Krieger said the department has no intention of intervening again. "It’s been reviewed,’’ he said.

-- Journal staff writer Tom Mooney

Posted by Steve Peoples at 7:00 PM | Comment

Photo: Conservancy celebrates land purchase

Journal photo / Bob Breidenbach

Government officials and area residents attended the official announcement today of The Nature Conservancy of Rhode Island's purchase of land in West Greenwich in an area known as the Pawcatuck borderlands. Read more about the purchase in a story from today's Journal and on projo.com.

Posted by Andrea Panciera at 6:58 PM | Comment

Court expands on charges facing youths tried as adults

PROVIDENCE -- The state Supreme Court today reinstated the indictment of a Scituate man who, as a teenager, was accused of breaking into the Ocean Tides school for troubled youth and locking a counselor in a walk-in freezer.

The case marked the first time the state’s high court has weighed in on whether the attorney general can charge a youth with additional offenses after Family Court waives jurisdiction, thereby allowing the youth to stand trial as an adult.

Superior Court Judge Edward C. Clifton had dismissed the indictment, saying the answer to that question was no. But the Supreme Court said the answer is yes – as long as the additional charges are based on the same set of facts.

“We hold that once a Family Court justice determines that a child should be waived from the jurisdiction of the Family Court, there is no limitation to the charges that may be lodged against the child in the adult court, as long as those charges spring from the nucleus of operative facts upon which the Family Court waiver of jurisdiction is based,” Justice Francis X. Flaherty wrote.

-- Journal staff writer Edward Fitzpatrick

Day, now 20, was a student at the Ocean Tides residential school in Narragansett in January 2004 when he jumped out of a van as it slowed to leave Route 95 in Warwick and fled, according to the Narragansett police.

Two weeks later, Day allegedly broke into the school at 2 a.m., wearing a mask and dressed in black, according to the police. The police say Day assaulted a counselor, gagged him with duct tape, bound his wrists and locked him in a walk-in freezer.

Read more in tomorrow's Journal and on projo.com.

-- Journal staff writer Edward Fitzpatrick

Posted by Steve Peoples at 6:47 PM | Comment

R.I. joins lawsuit to reduce soot

ALBANY, N.Y. -- Rhode Island and a dozen other states are suing the U.S. Environmental Protection Agency to further limit how much soot can come from smokestacks and exhaust pipes.

State officials say the move could save thousands of lives.

New York Attorney General Eliot Spitzer is leading the lawsuit. He says the so-called fine particulate matter in soot contributes to premature death, chronic respiratory disease and asthma attacks.

EPA officials say they reviewed the research offered by the states. They say the federal agency's research justified a previous soot reduction -- but it doesn't support going any further.

The EPA could re-examine the issue during a future review required by law.

Attorneys for the states say even a small reduction could save thousands of lives.

"This is, plain and simple, an issue directly related to global warming," Rhode Island Attorney General Patrick Lynch said in a statement today. "Rhode Island is on the front lines of combating this real and increasingly dangerous threat to the sustainability of our planet. We will continue to take action at the state, regional, and national levels against those companies, corporations, and agencies that put profit and expediency ahead of using technologies that minimize the generation of carbon dioxide emissions."

-- projo.com staff and wire reports

Posted by Steve Peoples at 6:37 PM | Comment

Holiday travelers expected to abound

Travelers will board trains, fill planes, and drive automobiles in record numbers this Christmas and New Year’s Day.

AAA Southern New England estimated today that 64.9 million Americans will travel 50 miles or more this holiday, an increase of 2.2 percent from 63.5 million last year.

Traveling for the two holidays has been growing steadily over the past five years, according to figures provided by the auto club. Since 2002, passenger traffic has increased 9.6 percent.

“There’s a whole new mood sweeping the country about what holidays mean,” said Robert Murray, senior vice president of corporate affairs for AAA Southern New England. “It’s become a new vacation time.”

Though Thanksgiving week is usually thought of as the busiest time of year for traveling, far more people travel over the Christmas and New Year’s holidays, according to AAA.

Heading out? Check projo.com's online resources for travelers, with highway, plane, train, bus, and ferry information.

-- Journal staff writer Timothy C. Barmann

The number of travelers who will take to the roads, rails and skies for the upcoming holiday is about 70 percent more than the 38.3 million who traveled over the long Thanksgiving weekend last month.

But the Christmas-New Year’s period isn’t as congested because it lasts longer – 10 days this year versus 5 days for Thanksgiving – and there isn’t the same type of peak travel on certain days as there are for Turkey Day.

For the upcoming holiday, AAA estimates that 81 percent of all travelers will go by motor vehicle, 14 percent will go by airplane, and 5 percent will go by train, bus, or other mode of transportation. Compared to last year, motor vehicle traffic is projected to be 2.1 percent higher, traveling by airplane will be up 2.7 percent and those going by train, bus, or other mode of transportation will be up 2.8 percent.

If they're going by car, travelers who gas up in Rhode Island can expect to pay more than last year. The weekly gas prices announced today show a 5-cent-per-gallon increase over last week, and 16 cents more than a year ago.

Posted by Tim Barmann at 5:13 PM | Comment

Man held on charges tied to Wal-Mart incident

NORTH KINGSTOWN – A Providence man was ordered held without bail today after trying to escape Friday from police who fired several shots at his SUV in a Wal-Mart parking lot.

The man, Robert F. West, 38, of 460 Charles St., Providence, had been arrested Friday evening at the Wal-Mart store at 1031 Ten Rod Road. He was arraigned today in District Court in Wakefield on charges of felony assault on a police officer, three counts of shoplifting, eluding police and resisting arrest, reckless driving and driving on a suspended license.

The incident began as North Kingstown police set up surveillance on the store with Wal-Mart’s loss prevention personnel. Store employees said that a suspect from recent thefts had just walked out.

Officers located West in the parking lot, already inside his SUV. He refused to put his hands up, as police ordered. He took off, speeding toward the exit and a police detective blocking his path.

The officer fired several rounds as West approached him. Neither the officer nor West were hurt.

West got out of the parking lot, but his tires were blown by a Stop Sticks, a tire deflation device, deployed by assisting officers. He was arrested following a brief chase.

-- Journal staff writer Maria Armental

West was out on bail from a previous arrest on charges of possession of a controlled substance, eluding police, driving in possession of a controlled substance, driving on a suspended license, and driving under the influence, first offense.

West's next court appearance is scheduled for Dec. 27.

-- Journal staff writer Maria Armental

Posted by Steve Peoples at 5:03 PM | Comment

Oldest Rhode Islander dies at 107

EAST PROVIDENCE -- Mae Burdon, Rhode Island’s oldest resident, died today.

Burdon, who celebrated her 107th birthday last June, died today at the Linn Health Care Center in East Providence.

Burdon worked at an insurance office into her 70s, drove a car into her 90s and played piano until she was 106. A mild stroke she suffered then made it difficult to play the church hymns she loved. For many years she was the accompanist for the church school at Trinity United Methodist Church of Providence.

Another stroke last month took a toll on Burdon, who was a 36-year survivor of breast cancer. But even then, she showed the same positive spirit her friends and family had come to appreciate.

“Up until about a few weeks ago, she was still going to exercise class every morning,” said her step-grandson, Robert McCaughey, of Warwick. She attended a hymn sing, in her honor, days after the recent stroke, greeting the many people who came to see her.

A memorial service will be held at the nursing home at 10 a.m. on Jan. 20.

-- Journal staff writer Richard Salit

Posted by Steve Peoples at 4:41 PM | Comment

Update: Doughnut truck hit car stopped in Rte. 95 lane

RICHMOND – The police said today that a Fall River man who parked his car on the right lane of Route 95 early yesterday morning was returning home after a night at the Foxwoods Resort casino.

Kinal S. Sary, 34, of 19 Danforth St., felt drowsy and thought he had pulled into the breakdown lane, according to State Police Lt. Darren Delaney.

Numerous motorists called 911 at approximately 2:50 a.m. to report a car stopped with its lights off on the right lane of Route 95 near the weigh station just north of Exit 4.

His passenger, Sokhom Min, 62, of 65 Sunset Hill, Fall River, stepped out of the vehicle and was standing on the breakdown lane when a doughnut delivery truck swerved to avoid hitting the vehicle.

The truck clipped the right rear of Sary's BMW, sending it and Sary across the highway into the median. The truck then hit Min. She was pronounced dead at the scene.

Sary was given a traffic citation for stopping where prohibited. He was treated and released at Westerly Hospital, Delaney said.

The investigation is ongoing, Delaney said, adding alcohol does not appear to have played a role at this point.

No charges have been filed against the driver of the Krispy Kreme truck, Frank W. Sheperis, 58, of 98 Asqah Drive, North Kingstown.

-- Journal staff writer Maria Armental

Posted by Steve Peoples at 4:23 PM | Comment

Big Green cans headed to mayor's house

PROVIDENCE -- The big green cans are almost everywhere. Except for a few East Side neighborhoods, like the north Elmgrove area where Providence Mayor David N. Cicilline lives.

But according to an announcement released this afternoon, Cicilline will be the last city resident to receive a big green can, 60,000 of which have been distributed this year to help reduce the city's rat population.

“Now on trash day, curbs in every neighborhood of our city are lined with what I consider our single most important tool in reducing the rodent population and creating cleaner neighborhoods – big green cans,” Cicilline said in a statement.

The final big green can is set to be delivered to Cicilline's 702 Elmgrove Ave. home Wednesday at 10:30 a.m.

Posted by Steve Peoples at 3:32 PM | Comment

Judge orders tribe members back to court

WAKEFIELD -- A District Court judge ordered seven members of the Narragansett tribe to appear in court next month to answer charges related to the 2003 raid on their tribal smoke shop.

Chief Sachem Matthew Thomas is among the group set to be arraigned on Jan. 16 for an array of charges ranging from resisting arrest to assaulting a police officer to disorderly conduct. A juvenile also arrested during the raid has been referred to Family Court.

The U.S. Supreme Court last month refused to weigh in on the case, a decision which let stand a 1st U.S. Circuit Court of Appeals ruling that the state had the right to enforce its laws on tribal land.

Following the decision, Attorney General Patrick Lynch decided to follow through with the prosecution of the tribe members arrested during the raid. Most had been arraigned before a justice of the peace immediately after the 2003 clash with police, but Judge Frank J. Cenerini moved today to force them all to return to court next month.

-- projo.com staff writer Steve Peoples with reports from Journal staff writer Katie Mulvaney

Posted by Steve Peoples at 3:16 PM | Comment

OSHA fines Fall River company for safety violations

A Fall River construction company faces $40,000 in federal fines for violations of workplace safety regulations at a job site in Newport last summer.

The U.S. Department of Labor’s Occupational Safety and Health Administration found that Miranda Construction did not take mandatory precautions to prevent workers from injuries should they fall from high places. Miranda was cited for similar hazards last year in Cranston and North Dartmouth.

In August, Miranda employees were working on the roof of the Seascape condominiums, 3-5-7 Beacon Hill Road, when an OSHA inspector observed the safety deficiencies.

“The inspector observed workers painting some trim without fall protection,” OSHA spokesman Ted Fitzgerald said.

Miranda has until Jan. 5 to request an administrative hearing to contest the fines – that’s 15 business days after the company received the citation.

-- Journal staff writer Richard Salit

“Falls are the number one cause of death in the construction industry, and fall protection is an essential safeguard,” OSHA’s area director Patrick Griffin said in a statement. “This employer knows that effective fall protection must be used whenever employees work six feet or higher, yet apparently chose to forego this common sense, life-saving protection.”

OSHA deemed the violation willful and assessed a penalty of $28,000. Two repeat citations, with an additional $8,000 in fines, were issued for not developing a fall protection training program for employees and for lack of head protection for an employee working at ground level.

Finally, two more “serious” citations, resulting in an extra $4,000 in fines, were issued for a scaffold platform that extended too far over its end points and an extension ladder put up at an unsafe angle.

Posted by Kate Bramson at 2:45 PM | Comment

Lower-cost healthcare plan announced by state

Under a mandate from the General Assembly, the Office of the Health Insurance Commissioner today announced the outline of a lower-cost healthcare plan.

You may need to pay extra to see the doctor of your choice, and you’ll have to pursue “wellness initiatives” to avoid large out-of-pocket costs.

But if you don’t mind these rules, you’ll be able get health insurance averaging $314 a month for an individual.

That’s the essence of a landmark plan emerging today from the Office of the Health Insurance Commissioner, which is carrying out a law passed in the last legislative session.

Blue Cross and United are now required, starting in May, to offer a “wellness health benefit plan” that follows those rules to individuals and groups of 50 or less. The premiums can’t exceed 10 percent of prevailing wage, which will come out to about 20 percent lower than current premium costs.

Most low-cost plans keep their prices down by requiring high deductibles and co-pays and limiting benefits. This plan instead focuses on keeping people healthy and having limited networks of providers chosen by the insurer based on their quality.

Subscribers can get lower deductibles if they sign a “wellness pledge” that may include promising to try to lose weight or quit smoking. The plan was developed by a committee of employers, subscribers, brokers, consumer advocates and union leaders.

But whether these measures will save enough money in medical costs to keep the insurers in the black remains to be seen.

-- Journal staff writer Felice J. Freyer

Debora Spano, spokeswoman for UnitedHealthcare of New England, expressed skepticism about whether the cost-saving measures would be adequate, especially in a state that mandates coverage for everything from hearing aids to infertility treatment. “Rhode Island is known for very rich benefits, and there are no benefit changes [in the plan],” Spano said.

Many other questions remain unanswered.

How will health plans police compliance with the wellness pledge? What if someone tries to lose weight and fails? What if they’re not really trying? On what basis will the plans select providers in their networks? How will they define “quality”? Will the networks be broad enough to meet patient needs? Will enough employers and individuals choose these “wellness health benefit plans”?

Answers will start to emerge in the coming months. Today’s announcement is a request for proposals that outlines the plan’s requirements.

By Jan. 2, Blue Cross and United are required to file documents specifying how they intend to meet those requirements. Public hearings will be held, and the plans must pass muster with the Office of the Health Insurance Commissioner. Then Blue Cross and United will offer their “wellness health benefit plans” to small groups and individuals.

Posted by Steve Peoples at 1:32 PM | Comment

Wakes today for Foxy Lady shooting victims

The two Foxy Lady employees killed in the shooting rampage last week at the New Bedford strip club will be waked today.

Calling hours for Robert Carreiro, 33, of New Bedford, are scheduled from 5 to 8 p.m. at the Perry Funeral Home on Dartmouth Street in New Bedford. Carreiro was working as a bouncer inside the Foxy Lady last Tuesday when a Freetown man killed Carreiro and club manager Tory Marandos, 30.

Marandos's wake will be held from 4 to 8 p.m. today in Nashua, N.H. at the St. Philips Greek Church School.

Funerals for both men are planned for tomorrow morning.

Police say that Scott C. Medeiros, 35, killed the two men after having been banned from the strip club last week. Medeiros had a relationship with a club bartender that ended badly.

Medeiros took his own life after killing Marandos and Carreiro and shooting two police officers.

Posted by Steve Peoples at 1:11 PM | Comment

R.I. gas prices up another nickel

PROVIDENCE -- If you're out there holiday shopping, you might want to save a few pennies to help cover the cost of your holiday travels.

Gas prices are up again, this time 5 cents from last week.

The state Energy Office says its weekly survey found an average price of $2.36 for a gallon of regular gas.

Prices are averaging 16 cents more than at this time last year.

On the plus side: Home heating oil is averaging $2.42 a gallon, a penny less than this time last year.

-- The Associated Press

Posted by Steve Peoples at 12:36 PM | Comment

Update: St. Louis firm outbids CVS for Caremark

An unsolicited offer for Caremark RX Inc. could derail a takeover by the Woonsocket-based CVS Corp., the country’s second-largest drugstore chain.

Express Scripts Inc. bid $26 billion for the Tennessee-based Caremark, a deal that would create the biggest U.S. manager of drug benefits.

CVS shook up the health-care industry last month when it announced it would acquire Caremark, one of the nation’s largest pharmacy-benefit managers. The deal would push CVS revenues to $75 billion, annually.

CVS had agreed on Nov. 1 to buy Caremark for $48.53 a share.

Express Scripts bid $58.50 in cash and stock for each share, 15 percent more than the Friday closing price, St. Louis, Missouri-based Express Scripts said today in an e-mailed statement.

The CVS offer “almost invited shareholder frustration and opened the door for a superior bid,” said Stephen Pope, head of equity research at Cantor Fitzgerald in London.

Shortly after noon today, CVS stock was down 28 cents to $30.25. Check the latest stock price, with a 20-minute delay.

-- Bloomberg and Journal reports

Posted by Kate Bramson at 12:30 PM | Comment

Warwick teen killed in Friday crash ID'd

JOHNSTON – The police today identified the 17-year-old Warwick boy killed in a car crash Friday night as Anthony Gemma.

Gemma, of 143 Welfare Ave., died shortly after his car collided at 7:40 p.m. with a sport-utility vehicle that the police said crossed into his lane on Hartford Avenue.

The driver of the SUV, 29-year-old Dawn Simas of Coventry, was charged with possession of a controlled substance, operating a motor vehicle in possession of a controlled substance and refusing to submit to a chemical blood test, according to Johnston Deputy Chief Gary W. Maddocks Jr.

-- With reports from Journal staff writer Cynthia Needham

Posted by Kate Bramson at 12:25 PM | Comment

Two postal trucks shot at on Route 95

The state police this morning are investigating what appears to be shots fired at two tractor trailer trucks carrying cargo for the U.S. Postal Service.

The trucks were traveling south on Route 95 in the area of East Street in Pawtucket at 3:15 a.m. and 3:21 a.m. when the drivers heard loud bangs against the trucks’ doors, state police Cpl. Michael Rosa said this morning.

No one was injured, Rosa said.

Markings on the driver’s side door of each truck appear to be “consistent with damage caused by a firearm projectile,” which could be some type of small handgun or BB gun, Rosa said.

It’s unclear where the shots were fired from and if the postal trucks were targeted, Rosa said.

The trucks are owned by R and F Transportation Company in Taunton, Mass. They were heading toward the main post office on Corliss Street in Providence, Rosa said.

-- projo.com staff writer Kate Bramson

Posted by Kate Bramson at 9:23 AM | Comment

Download today's front page

Medicaid, Iraq and the Pawcatuck borderlands lead today's Journal.

Download file

Posted by Peter Phipps at 8:09 AM | Comment

Traffic slow on Route 195 westbound

Motorists on Route 195 westbound are moving at an average speed of 30 miles per hour, with congestion at the Warren Avenue exit in East Providence and when you reach downtown Providence, according to the state Department of Transportation. Other roadways are backing up, too, as morning commuters head back after the weekend.

The DOT’s congestion mapping program shows how heavy the traffic is and why.

For other traffic needs, check out the state roadways, via the DOT's other online traffic offerings.

You can find any traffic alerts describing accidents here, browse traffic cams to see real-time photos of the highways and check out the DOT’s road construction schedule here.

To report a traffic incident, call the Transportation Management Center at (401) 222-5826 and choose option #2.

Posted by Kate Bramson at 8:05 AM | Comment

Another spring-like day as winter approaches

PROVIDENCE – Today could be the last of the 50-degree temps for a while, so enjoy it while you still can.

We’ve got cloudy skies and a 30 percent chance of showers today, mostly between noon and 3 p.m., but we’ll have a high near 56.

The rest of the week, we’ve got temps predicted mostly in the low 40s, although up to the high 40s on Thursday. It should be mostly sunny tomorrow through Thursday, and Friday could be another rainy day.

Check back with projo.com later today and throughout the week for the latest conditions and forecasts.

Posted by Kate Bramson at 7:11 AM | Comment