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June 4, 2007

Photo: Boxed in by the rain

Journal photo / Bob Thayer
Brittaney Noblin, left, and Melanie Martel, seniors at Ponaganset High School in Foster, had to put on their thinking caps to find a way to keep the rain off while cooking burgers and hotdogs for classmates during the annual senior cookout on the front lawn of their school today.

The heavy rain of the morning will diminish to a chance of showers this evening, with areas of fog, and temperatures in the 50s. The southeast winds will turn to the southwest, and then, tomorrow, to the south, bringing partly sunny skies and much warmer temperatures, into the low 80s. But there's still a chance of thunderstorms in the afternoon.

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

Posted by Andrea Panciera at 7:04 PM | Comment

Governor vetoes bill extending medical marijuana law

PROVIDENCE -- As expected, Republican Governor Carcieri today vetoed medical marijuana legislation. And Democratic House leader Gordon Fox said he believes the General Assembly will override that veto.

"I support efforts to provide effective pain management to persons suffering from debilitating conditions, but not in a way that violates federal law and ignores the drug approval process as established by the Food and Drug Administration," Carcieri said in his veto message this evening.

He goes on to say that "this legislation could potentially subject Rhode Islanders to federal prosecution, while significantly complicating the responsibilities of state and local law enforcement officials."

Last month, 51 of 75 House members endorsed the measure. Forty-five votes, or three-fifths, are required to overturn a veto.

The bill calls for permanently extending the medical marijuana law, known as the Edward O. Hawkins and Thomas C. Slater Medical Marijuana act, which was due to expire this year -- a sunset clause.

“I fully expect that we will place a vote to override the governor’s medical marijuana veto on the floor calendar before the end of our session," Fox said in a statement today anticipating the veto. A prior vote on the bill "made it clear that there is an overwhelming majority in the House willing to remove the sunset clause on this compassionate legislation.”

A patient diagnosed as having a debilitating medical condition would be allowed to possess up to 12 marijuana plants and 2.5 ounces of marijuana. An adult who has agreed to assist an ill person's medical use of marijuana -- a caregiver -- could have 12 plants and 2.5 ounces of marijuana for each of up to five qualified patients.

The state Health Department would supervise the process.

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

Posted by Mike McKinney at 6:56 PM | Comment

RIPTA driver guilty of sex assaults on 3 passengers

SOUTH KINGSTOWN -- A Washington County Superior Court jury today found a Rhode Island Public Transit Authority bus driver guilty of sexually assaulting three developmentally disabled passengers two years ago.

In August 2005, police accused Jose R. Rivera, 48, of assaulting the three women during his route to and from the Adeline LaPlante Center, an adult rehabilitation center in Peace Dale. Police began their investigation after learning the special-needs clients had revealed independently that their driver, Rivera, had “touched them in private places,” court records show.

After deliberating about 3 ½ hours, the jury found Rivera, of 12 Kent St., Pawtucket, guilty of two counts of first-degree and four counts of second-degree sexual assault as well as simple assault for incidents that took place in the woods and other places along the route, according to the Attorney General’s Office.

The women, ages 22, 37 and 39 at the time of the assaults, testified during the two-week trial before Judge Stephen P. Nugent.

“We’re very proud of the three complainants,” said Asst. Atty. Gen. Craig V. Montecalvo. “We’re impressed by their bravery.”

Nugent ordered Rivera held after the verdict was read. He faces life terms for each first-degree count alone at his sentencing Aug. 7.

-- Journal staff writer Katie Mulvaney

A native of Puerto Rico, Rivera had driven for RIPTA for two years and was driving for its RIde program, which provides door-to-door transportation to special needs and elderly individuals, when the assaults took place.

RIPTA placed him on 30 days’ unpaid leave after his arrest, with the expectation that he would be fired if the case was not resolved in 30 days, Karen Mensel, RIPTA’s director of marketing said at that time.

Posted by Mike McKinney at 5:31 PM | Comment

Cianci's new job awaiting final prison approval / Photo

BOSTON -- Though former Providence mayor Vincent A. Cianci Jr. was tentatively expected to start a post-prison work-release job at an upscale Beacon Hill hotel today, a spokesman for the hotel owner said that the federal Bureau of Prisons has not yet approved the job.

“We’re basically told it’s going to happen, but as of 4 o’clock, it hasn’t happened,” said George Regan, public relations spokesman for Paul Roiff, the owner of the XV Beacon Hotel.

“As I’ve said, they haven’t cleared it yet,” said Regan. He said plans for police assistance are still in place.

Asked if it’s possible that the Bureau of Prisons might not approve the job, Regan said, “That would be news to me.”

So it’s definite?

“Absolutely,” said Regan. “We don’t know when, but he’ll be there. We thought it would be by now, but it’s a process.”

Cianci was released early last Wednesday from federal prison at Fort Dix, N.J., after serving 4 1/2 years for racketeering conspiracy. He reported immediately to Coolidge House, a halfway house at 307 Huntington Ave.

-- Journal staff writer Karen Lee Ziner

Prior to Cianci’s release, Regan announced that Cianci had a marketing job lined up at the XV Beacon, a boutique hotel that boasts an $8-10 million wine cellar; bathrooms with 41-inch LCD TVs; and “rainforest showerheads,” the size of sunflowers “for the ultimate showering experience.”

The job was arranged through former Providence mayor Joseph R. Paolino Jr., once Cianci’s adversary. Paolino said he called on XV Beacon hotel owner Roiff, who is originally from Rhode Island, to help line up the marketing job.

Last week, Regan announced Cianci’s tentative start date as today, based on his understanding that the Bureau of Prisons would “clear” or approve the marketing job within 72 hours of Cianci’s arrival. On Friday, Regan said the hotel was working with Boston police to cordon off an area for the press, to avoid “a circus.” The date changed, but Regan said details worked out with police are still in place.

A Bureau of Prisons spokesperson said that all offenders “have 15 days to secure employment,” once they arrive at the halfway facility. Stephanie Hollembaek, the spokesperson, said the facility’s staff must approve that employment. The Bureau of Prisons does not release details about any offender’s job.

After he completes his work-release, Cianci is expected to return to Rhode Island, where he will serve the remainder of his sentence on home confinement at the home of his nephew, Brad Turchetta. Cianci’s sentence officially ends on July 28.

Posted by Mike McKinney at 5:25 PM | Comment

State moves to replace Smart Staffing

PROVIDENCE -- The state Department of Administration is moving to replace Smart Staffing, the professional services contractor that has drawn so much controversy.

The department said in a news release today it's sent out more than 100 letters to "potentially qualified companies to inform them of their opportunity to bid on the new, longer-term contract."

Last September, the administration signed a no-bid contract worth $11 million or more a year with Smart Staffing to supply 290 private employees to state government. Since then, a Senate investigating committee heard executives from three temporary-staffing companies call "unique" the Carcieri administration's payment arrangements with the small, out-of-state company given the contract.

Today, the president of Smart Staffing was slated to appear before the Senate committee investigating the company's contract to supply hundreds of state workers at a 22.5 percent markup

The contract has become part of a back and forth between legislative Democrats, Republican Governor Carcieri's administration and others over contracts.

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

The Department of Administration news release states that former Gov. Lincoln Almond's administration awarded the first contract for temporary professional services to DataLogic, which became insolvent last September. That insolvency compelled state officials to "quickly find another company that could take over DataLogic’s responsibilities to the state."

The department says it used "emergency procurement procedure," set out in state law, to award a nine-month contract to a replacement company, Smart Staffing, until a formal Request for Proposal could be adequately developed and issued.

Posted by Mike McKinney at 4:45 PM | Comment

Bail hearing reset for man accused of killing girlfriend

PROVIDENCE -- The bail hearing for Hamlet Lopez, who is charged with murdering his 41-year-old girlfriend, has been rescheduled to June 18 in District Court, Providence.

The hearing had been slated for today but was reassigned, according to Beryl Kenyon, a spokeswoman for the Attorney General Patrick C. Lynch.

Lopez, 51, a former teacher's aide who is well known within the state's Hispanic community for his commenting on community events on talk radio and at public events, was arrested last month and charged in the killing of Miledis Hilario.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 4:44 PM | Comment

Governor calls on EPA to approve emissions rules

PROVIDENCE -- Governor Carcieri today urged the U.S. Environmental Protection Agency to allow California to enact tougher tailpipe emissions standards, given that Rhode Island is among 12 states that have adopted California's regulations, but await the EPA decision.

Carcieri and Vermont Governor James H. Douglas expressed concerns about the EPA’s "slow pace in approving California’s waiver request" in a letter to EPA Administrator Stephen L. Johnson.

If EPA approves the waiver, California and the 11 other states could enact tailpipe emissions standards that are tougher than federal requirements.

The "transportation sector" contributes nearly 40 percent of Rhode Island’s greenhouse gas emissions, according to the governor's news release.

California requested the waiver allowing it to carry out the new standards 16 month ago.

“These strict standards will make a difference in reducing greenhouse gas emissions and improving the air quality and the health of Rhode Islanders,” Carcieri said in the statement. “Failing to act on California’s request to move forward with these new guidelines has a direct impact on all of us.”

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 4:15 PM | Comment

China Democracy Party convenes at Hope Club / Photo

Journal photo / Andrew Dickerman
Xu Wenli, founder of the China Democracy Party, speaks today as part of a two-day congress of exiled Chinese dissidents, held at the Hope Club in Providence.

PROVIDENCE -- Declaring their intention to restore democracy to mainland China, some 40 Chinese now living abroad today convened the first congress of the China Democracy Party, which is now outlawed inside China.

"We should not have to suffer under the repression of the Chinese Communist Party,'' said CDP co-founder Xu Wenli, 64, an exile and former political prisoner who is a senior fellow at Brown University'sWatson Institute for International Studies.

The congress approved a "Declaration of China's Third Republic,'' incorporating their intention to rid China of Communist rule.

"We shall pursue the spirit and tradition of the leaders of the Revolution of 1911 and their creation of 'Asia's First Republic,' '' the declaration reads. ``We shall acknowledge and respect the 1946 People's Constitutional Convention and the establishment of the Second Republic. And we solemnly declare our aspiration to build a Third Republic based on the principles of freedom, equality, human rights and constitutional democracy.''

The congress, which wraps up tomorrow, is being held at the Hope Club, which Xu chose after being warmly received there during earlier speeches.

Extra: Visit Xu's home page.

-- Journal staff writer G. Wayne Miller

Posted by Kate Bramson at 3:37 PM | Comment

Mass DEP is halting review of Fall River LNG plan

BOSTON -- A proposed liquefied natural gas terminal in Fall River, Mass., hits another roadblock.

Massachusetts environmental regulators are halting their review of the plan, The Associated Press reported today.

The state Department of Environmental Protection says it will stop its review of permit applications by Weaver's Cove Energy and Hess LNG, citing concerns raised by the Coast Guard.

The proposal for a Fall River terminal has won approval from the Federal Energy Regulatory Commission.

But the Coast Guard cited navigational safety, security and environmental concerns in a May ninth ``preliminary assessment.''

Massachusetts officials say they'll wait for the Coast Guard's final report before moving ahead.

There was no response yet from Weaver's Cove Energy.

-- The Associated Press

Posted by Mike McKinney at 2:43 PM | Comment

Health Dept. advises against swimming at 3 beaches

The state Health Department is discouraging swimming and surfing at the Atlantic Beach Club Beach in Middletown, Easton’s Beach in Newport and Scarborough State Beach North and South in Narragansett.

Because of the heavy rain today and discharges from stormwater drains, the water off those beaches may contain high levels of harmful bacteria that may cause illness. The Health Department is monitoring the water.

Beach status changes on a daily basis. Check out the Health Department’s beach closures and advisories online or call (401) 222-2751 for recorded information about area beaches.

Posted by Kate Bramson at 2:43 PM | Comment

Woman dies in crash near Norwood, Mass., airport

NORWOOD, Mass. -- A single-engine private plane descended into a wooded area in view of passing motorists on Route 95 and crashed on approach to Norwood Memorial Airport today, killing the pilot.

The woman was believed to have been the only person aboard the Mooney M20P, said Jim Peters, a spokesman for the Federal Aviation Administration. The plane was registered to a Dover, Mass., woman, but authorities didn't immediately know whether she was the pilot.

A flight plan indicated the plane took off from an airfield this morning in Pittstown, N.J., en route to Norwood, Peters said. The plane crashed about 10 a.m. a couple miles south of the airport near the Norwood-Canton line, a suburban area just south of Boston.

Russ Maguire, manager of the Norwood airport, said the pilot communicated by radio with the airport's tower staff on final approach. Maguire declined to say whether the pilot had reported trouble.

The woman was dead at the crash scene.

Motorists on Interstate 95 reported seeing the plane flying low before disappearing into the woods, Canton Police Chief Kenneth Berkowitz said.

Skies were rainy and overcast at the time, but it wasn't immediately clear if the weather was a factor, Peters said. The cause was under investigation.

-- The Associated Press

Posted by Jack Perry at 2:19 PM | Comment

Photo: Harry Potter bus rolls into Providence

Journal photo / Sandor Bodo
Members of the Voccola family -- Alyssa, 12, mom Heather and Rebecca, 10 -- pose in front of a bus designed to look like the purple, triple-decker bus described in the Harry Potter books. The Harry Potter Knight Bus started a 37-stop national tour today in Providence to celebrate the July 21 release of Harry Potter and the Deathly Hallows, J.K. Rowling’s seventh and final Harry Potter book. The Voccolas traveled from their home in Wallingford, Conn., and stayed overnight at a hotel in Coventry to catch the bus at the South Providence branch of the Providence Public Library.

Posted by Jack Perry at 2:08 PM | Comment

Ex-firefighter pleads guilty in crash that killed officer

NEW BEDFORD -- A former Swansea volunteer firefighter changed his plea to guilty today in the motor-vehicle manslaughter of Swansea Police Officer Robert Cabral, who was a school DARE officer beloved by many and known as Officer Bob.

Wayne R. Smith, 50, will face from 5 years to 20 years in prison under the plea agreement in New Bedford Superior Court after his car crashed head on into the police vehicle driven by Cabral, 52, on Route 6 in Swansea the morning of Nov. 5, 2005.

Sentencing is set for June 26.

"No matter what charge they give him, 10 or 20 years or whatever, he still gets to go home to his family," said Tom Cabral, a brother of Robert Cabral. "We have a life sentence without Bobby."

Cabral's family members cried throughout the morning's developments before Judge Robert Rofu as they offered verbal statements on the effect the loss of Cabral has had one them.

Family members of Smith cried as the handcuffs were put on him. They declined comment to reporters at the courthouse.

Tom Cabral expressed disappointment that it took 19 months for Smith to plead guilty, to a charge of motor vehicle manslaughter while operating under the influence of alcohol.

A second charge was dismissed through the plea because it was a lesser offense and would apparently have been consumed by the larger offense Smith did plead to.

In November 2005, Cabral was on duty early that Saturday when the off-duty volunteer firefighter Smith's Ford pickup crossed into the oncoming lanes and struck Cabral's vehicle.

-- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer Alisha Pina and archival reports

A line of some 1,200 people came during visiting hours at Cabral's wake.

In interviews, people remembered Cabral as a substitute teacher and a youth soccer, baseball and basketball coach as well as an officer who worked to steer young people straight of drugs and other temptatiuons. He was a former Case High School football player.

Smith, too, in 2005 was described as someone who had volunteered in the schools. Smith was hospitalized after the crash before being released as the court process that came to today's development began.

Posted by Mike McKinney at 1:41 PM | Comment

Check out the umbrellas

PROVIDENCE -- An array of colors dots the streets as pedestrians pull out their umbrellas to keep the rain at bay.

And it just keeps raining.

As the remnants of Tropical Storm Barry roil the coast for another day, the heaviest rain is expected across the east slopes of the Berkshires and the Connecticut River Valley, according to the National Weather Service. A high surf advisory remains in effect today from Cape Cod west to Block Island, along with a moderate to high risk of dangerous rip currents.

In Providence, moderate to heavy rain is expected through the afternoon, with accompanying fog that’s expected to reduce visibility to around 2 miles at times, according to the National Weather Service.

-- projo.com staff writer Kate Bramson

Cranston’s Pawtuxet River, which reaches flood stage at 9 feet, is expected to reach its highest point – 8.4 feet – by tonight at 8. Other area rivers don’t appear close to reaching their flood stages.

For now, the umbrellas cast a colorful display: Red ones from Brown University, black and white ones bearing the Rhode Island School of Design logo, seafoam green with lighter green polka dots, good old standby black ones, magenta rain catchers, brown with a display of green hearts.

Tell us about the best umbrella you spotted today.

Posted by Kate Bramson at 1:34 PM | Comment

Barrington man who made Nixon's 'enemies list' dies

BARRINGTON -- James Deakin -- a longtime White House correspondent whose critical reporting put him on Richard Nixon's ``enemies list'' and earned angry rebukes from Lyndon Johnson -- has died. He was 77 years old.

Deakin died yesterday of liver cancer in a nursing home near his home in Barrington.

Deakin covered the White House from 1958 to 1980 for the Saint Louis Dispatch. He wrote several books -- including a critical report about lobbying and President Lyndon B. Johnson, titled: ``Lyndon Johnson's Credibility Gap.''

The Saint Louis native dictated his own obituary three weeks before his death.

In it, Deakin says his dealings with Johnson were stormy and that he was the first reporter to ask Nixon whether he thought he ought to be impeached for violating the Constitution.

Deakin is survived by his wife of 51 years, Doris; a sister; a son, daughter-in-law and two grandsons.

A private burial is scheduled for Wednesday morning in Barrington. A memorial service will be held in several weeks.

-- The Associated Press

Posted by Mike McKinney at 12:46 PM | Comment

Lamp caused fatal Seekonk fire

SEEKONK -- Responding to a house fire caused by an overturned halogen lamp on South Wheaton Avenue, firefighters found a man who lived there dead inside the home last night.

Louis Botseas, 86, was discovered in the living room area of 152 South Wheaton Ave., according to the Fire Department.

The cause of death has not yet been determined, and it could be a couple of days before it's known after an autopsy is performed.

The police and fire departments received a call about a possible house fire at 5:47 p.m. They arrived shortly thereafter, according to a police news release, and found smoke coming from the house.

The fire was put out in the home's interior and "the remains" of a white male were found in the living room, according to the release.

Seekonk police and fire departments are investigating with State Police and the state Fire Marshal's Office.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 12:40 PM | Comment

Harry Potter bus visits Providence

PROVIDENCE -- The Harry Potter bus is visiting two branches of the Providence Public Library today.

The traveling Harry Potter Knight Bus is making its first library stop from 10 a.m. until 1 p.m. today at the South Providence Branch Library, 441 Prairie Ave. Registration is limited to school groups only.

It will visit the Mt. Pleasant Branch Library, 315 Academy Avenue from 3 to 6 p.m. Participants must register in advance. Call 455-8105 for details.

Scholastic is touring the Knight Bus, based on the purple, triple-decker bus described in the Harry Potter books, across the country to celebrate the July 21 release of Harry Potter and the Deathly Hallows, J.K. Rowling’s seventh and final Harry Potter book.

The Providence library branches are the first of 37 stops on the national, seven-week tour.

Posted by Jack Perry at 10:45 AM | Comment

Gas prices finally drop

Gasoline prices in Rhode Island have finally fallen after 15 weeks of increases, slipping an average of two cents per gallon last week, according to AAA Southern New England.

The average price for a gallon of regular, unleaded gasoline is $3.069 at the self-service pump, according to AAA's weekly survey.

The average price is 65 cents higher than at the beginning of the year.

On AAA’s Gas Savings Tips & Tools Web page, find the most up-to-date local gas prices.

Posted by Jack Perry at 9:53 AM | Comment

War College celebrates 65th anniversary of Midway

NEWPORT -- It was one of the pivotal moments of World War II and the Naval War College today commemorates the 65th anniversary of the Battle of Midway.

The battle took place in June of 1942 and marked a turning point in the war in the Pacific.

This commemoration pays tribute to Americans who fought in the battle.

The memorial will also honor four veterans of Midway including radioman Francis Fabian who served on the U.S.S. Yorktown; Commander Hugh Moore who served as a signalman on the U.S.S. Trout; Commander John Powell who served as fire controlman on the U.S.S. Astoria; and Eli Ferguson who served as fire Controlman on the U.S.S. Vincennes.

-- The Associated Press

Posted by Jack Perry at 9:09 AM | Comment

Dissidents mark Tiananmen Square anniversary

PROVIDENCE -- Forty exiled Chinese democracy leaders will gather in Providence today and tomorrow to launch an overseas branch of the China Democracy Party and commemorate the 18th anniversary of the Tiananmen Square massacre.

Some of those attending the summit include survivors of the massacre.

Among those attending is Xu Wenli, a prominent Chinese dissident who was imprisoned for 16 years and who was granted asylum in the United States in 2002. He's now at Brown University's Watson Institute for International Studies.

The Chinese Democracy Party was founded inside China by Xu in 1998. It has been unable to hold public organizing meetings in China.

-- The Associated Press

Posted by Kate Bramson at 7:40 AM | Comment

State hosts reception for Portuguese ambassador

PROVIDENCE -- State lawmakers are planning a reception for the new Portuguese ambassador to the U.S. today.

The Portuguese Caucus of the House of Representatives will host a State House reception honoring Joao de Vallera in his first visit to the state.

Rhode Island has the highest proportion of Portuguese residents as a percentage of its population among all the states.

More than 100,000 Rhode Islanders reported in the 2000 census that their primary ancestry is Portuguese.

De Vallera previously served Portugal as Ambassador to Germany and Ireland before accepting the assignment as Ambassador to the United States in January 2007.

-- The Associated Press

Posted by Jack Perry at 7:00 AM | Comment

Watch your language: It's jury 'service,' not duty

In Rhode Island, your "jury duty" is officially over, out of date, so 2006. From now on, it's your "jury service."

At least, that's the new word from state Jury Commissioner Eugene J. McMahon, who has announced he has instructed staff to "discontinue the use of the words "jury duty" when summoning prospective jurors for a case.

McMahon has asked judges and court employees "to use the same words when speaking of the process," according to a news release.

“The phrase ‘to serve’ has a more specific connotation as it relates to jury service,” McMahon said in the statement. “It is an aid, a help, which is the function jurors are asked to do -- aid and help in the function of our unique jury system.

“After over 14 years of involvement with the jury system, I have found the overwhelming majority of citizens who have served as jurors have found it to be a pleasurable experience,” McMahon said.

The new word gets the good word from Superior Court Judge Joseph F. Rodgers Jr., who reviewed more than 30,000 evaluations "submitted by people who have served" -- there's that word again -- "and that most give favorable responses."

-- projo.com staff writer Michael P. McKinney

Providence and Kent county jurors are summoned for up to two days or one trial at a time. If selected for trial, jurors serve until it ends and then are dismissed. Jury trials average three to five days, according to the release. If jurors have not been chosen for a trial after two days, they are dismissed.

In Newport and Washington counties, jurors are summoned for one day or one trial. They are dismissed on the first day "if not selected to serve for a trial" -- that's another "serve," if you're keeping count.

But it's not the last.

“So remember, if you should be called to jury service, you will become a proud citizen who has rendered a valuable service to your state and country,” McMahon said.

Posted by Mike McKinney at 6:55 AM | Comment

What's left of Tropical Storm Barry hits land today

For today, what you see is what you'll get.

Unless you are on the coast, or out at sea. Then, the National Weather Service is advising you to beware of high winds and surf.

The remnants of Tropical Storm Barry are expected to roil the coast for another day.

The Weather Service has posted a gale warning and a high-surf advisory for coastal and off-shore Rhode Island waters through tomorrow night.

The surf could run 7 to 11 feet with winds in coastal waters approaching 40 mph.

Inland, the Weather Service expects heavy rain today with a chance of thunder storms tomorrow.

Wednesday will be sunny with a high of 71.

CORRECTION: An earlier version of this post incorrectly described Barry as a hurricane.

Posted by Peter Phipps at 6:45 AM | Comment

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The latest casualties in Iraq and a Rhode Island rape case that never went to trial lead today's Journal.
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Posted by Peter Phipps at 6:39 AM | Comment