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August 9, 2007

Photo: Snack time knows no boundaries

Journal photo / Frieda Squires
Twins Athenais and Cecile, age 2, Antoine, 5, and Isadora Slavic, 3, take a Cheerios snack break today on Thames Street, Newport. The children and their parents, who are from Switzerland, are on a week's vacation aboard Impetuous, a 120-foot motor yacht. The City by the Sea is always a popular spot at this time of year, when it hosts the annual Newport jazz festival and more.

Posted by Andrea Panciera at 6:47 PM | Comment

Matunuck theater, jazz fest at center stage

Faithful fans appear to be flocking to the re-opened Theatre by the Sea in Matunuck, where the second of two previews of its first show of the season takes the stage tonight.

The preview of "A Funny Thing Happened on the Way to the Forum" starts at 8 p.m. All seats are $35. Tomorrow is the official opening night, where $75 will cover the show, a champagne reception and an opening night party. More information here ...

Competing for attention tomorrow will be opening night of the JVC Jazz Festival-Newport: Dianne Reeves and Her Band and The Count Basie Orchestra will perform at the International Tennis Hall of Fame, 194 Bellevue Ave., Newport, at 8 p.m. For more information, contactl 847-3700, (866) 468-7619, www.Ticketweb.com, www.festivalproductions.net.

What else is shaking tomorrow? Browse this preview of The Journal's calendar of events.

Posted by Andrea Panciera at 6:39 PM | Comment

Photo: Paratroopers hope practice makes perfect

Journal photo / Bill Murphy
X marks the hoped-for landing spot as paratroopers practice at West Kingston Elementary School off Route 110 (Ministerial Road) in South Kingstown today in preparations for Saturday's international Leapfest competition at the school. They took off, with a static line, from a Chinook CH47 helicopter. More about the 27th annual event ...

Posted by Andrea Panciera at 6:06 PM | Comment

Update: Policy probes urged after detainee's death

It could take three months to determine why a Brazilian man died Tuesday while in custody, according to the Rhode Island Office of the State Medical Examiners.

Edimar Alves Dearaujo, 34, a Brazilian national of Milford, Mass., died Tuesday at Rhode Island Hospital 78 minutes after being taken into custody in Woonsocket by Immigration and Customs Enforcement agents, according to Paula Grenier, an ICE spokeswoman in Boston.

The medical examiners' office released a statement this afternoon, saying the cause of death is "pending further studies." Ancillary testing could take up to three months, the statement said.

Also today, the local chapter of the American Civil Liberties Union says it has filed an open records request to obtain copies of Woonsocket Police Department policies on how the medical needs of individuals in the department’s custody are handled.

The ACLU has also called on the state attorney general "to conduct an immediate inventory of other municipal police department policies across the state regarding the provision of medication to detainees who may have emergency medical needs."

Federal authorities are investigating the death, according to Grenier.

Dearaujo's sister has said that he was an epileptic who needed medication, but that the Woonsocket police would not let her deliver his anti-seizure medication when she showed up at the police station.

This afternoon, the International Institute of Rhode Island called for a "full and open investigation" into Araujo's death.

The independent, nonprofit group, which describes itself as a full-service center for immigrants and refugees, also asked Congressman Patrick Kennedy, whose district includes Woonsocket, and other elected officials to advocate for such a probe.

"All members of the Rhode Island community need to know why and how this sad event occurred. We also need to think long and hard about the connection between what has been happening politically around the issue of immigration and immigrants -- and whether such immigrants are legally or illegally present in our community -- and this unfortunate and apparently unnecessary incident."

The institute said that comprehensive immigration reform and police practices when dealing with immigrants need to move to the top of the agenda, nationally and locally.

In its press release, the ACLU's letter to Attorney General Patrick C. Lynch states: “Obviously, we have no first-hand knowledge of what transpired in this particular case, but we believe undertaking this inventory is essential in order to determine if appropriate procedures are in place so as to prevent similar tragedies like this from occurring. If the policies are deficient, we hope you will do all that is necessary to ensure that proper screening protocols are promptly adopted by all police departments in Rhode Island.”

For more background, read today's Journal story on the death.

Posted by Jack Perry at 5:19 PM | Comment

Update: Carcieri to appeal order to testify about raid

Governor Carcieri will appeal to the state Supreme Court a judge’s ruling last week that he must take the stand at the criminal trials of seven Narragansett Indians arrested in a state police raid on a tribal smoke shop in July 2003, arguing that his testimony is not relevant to the cases.

Judge Susan E. McGuirl ruled in Providence County Superior Court Friday that the tribal members’ lawyers could call the governor to testify. She said the defendants’ rights to due process outweighed the governor’s claim of executive privilege, particularly since he made numerous public statements following the raid.

The judge limited any questioning to the instructions Carcieri gave Col. Steven M. Pare, then superintendent of the state police, in the days leading up to the raid.

“Governor Carcieri’s conversations with Col. Steven Pare have no relevance to the criminal charges against the seven defendants,” Michael Maynard, the spokesman for the governor, said in a statement. “The Governor believes that there is nothing that he could say that is in any way relevant to the charges of resisting arrest and disorderly conduct, which is what this trial is about.”

“He believes that his testimony at trial would only serve to deflect attention away from the conduct of the defendants,” Maynard said. “We do not see how these conversations have any bearing on the actions that were taken by the defendants on the day of the incident that led to the criminal charges against them.”

“Moreover, compelling the governor to testify in a case like this sets a dangerous precedent. If the defendants are successful here, there will be a long line of litigants seeking gubernatorial testimony going forward. In effect, the high bar to compel gubernatorial testimony will be substantially lowered,” Maynard continued.

This afternoon, Narragansett Indian Chief Sachem Matthew Thomas issued a statement saying that the tribe is "very disappointed" in Carcieri's decision to appeal McGuirl's ruling.

Thomas, who is among the seven defendants in the case, said the governor's instructions to the state police are relevant to their defense and their effort to obtain a fair trial. He continued:

"We were hoping that the governor would have said, that, 'If the judge thinks my testimony is relevant, I look forward to testifying because the right of defendants in criminal cases to a fair and public trial is paramount.'

"However, this is apparently not the case. To use an old hunting expression, it looks to us like the governor is 'running into the tall grass'."

-- Journal staff writer Katie Mulvaney, with projo.com reports

Carcieri had ordered the state police to execute a search and seizure warrant on the roadside smoke shop after learning the tribe was selling cigarettes without charging Rhode Island taxes. The raid, on July 14, 2003, erupted into a violent clash as cameras rolled when officers met resistance as they came onto Narragansett Indian land in Charlestown.

At a news conference the following day, with Pare by his side, Carcieri said he had directed the state police to withdraw if they met any resistance. On the stand last week, Pare denied ever receiving those instructions, but said there was an understanding no one should get hurt or killed over untaxed cigarettes.

The eight tribal members face misdemeanor charges of resisting arrest, assault, obstruction and disorderly conduct. They are set to go to trial Sept. 17.

Extra: More about the raid and its aftermath ...

Posted by Jack Perry at 4:58 PM | Comment

Photo: Planting color amid the concrete

Journal photo / Andrew Dickerman
Xiomara Ardila plants flowers in Providence's LaSalle Square for the Downtown Improvement Association.

Posted by Jack Perry at 2:28 PM | Comment

Bahamian delegation visiting Rhode Island

PROVIDENCE -- Rhode Island is getting a visit by a group of businesses from the Bahamas as part of a National Guard program that partners U.S. states with foreign nations.

The State Partnership Program pairs the Rhode Island National Guard with the Bahamas. Among the programs they've done in the past are an exchange between the University of Rhode Island and the College of the Bahamas, and training of Bahamian police by Providence and Rhode Island State Police.

A delegation including representatives from the Bahamas Development Bank, the Bahamas Chamber of Commerce and the Bahamas Tourism Council is visiting the Ocean State this week.

The bank and chamber of commerce are also signing an agreement with the Rhode Island Economic Development Corporation to develop economic partnerships and promote joint economic cooperation in financial services, tourism and education.

-- The Associated Press

Posted by Jack Perry at 2:14 PM | Comment

Newport fishing boat being rescued by Coast Guard

BOSTON -- U.S. Coast Guard Cutter Seneca is towing a Newport-based fishing vessel with four people aboard after it became disabled last night about 55 miles south of Martha's Vineyard, Mass.

Brian Ohara, the owner of the 72-foot Leviathan, contacted Coast Guard Sector Southeastern New England by cell phone at 6:30 p.m. yesterday, saying the boat had experienced an engine casualty and was adrift.

Sector Southeastern New England broadcasted a request on VHF marine radio for vessels in the area to assist the Leviathan, but none responded, according to the Coast Guard. The sector maintained communications with the Leviathan throughout the night.

The 270-foot Seneca, homeported in Boston, arrived on scene about 9:30 a.m. today and plans to tow the Leviathan to Nomans Land, where arrangements will be made to bring the vessel into port, according to the Coast Guard.

"We encourage vessels to have multiple means of communication in case one of them fails to work," said Senior Chief Petty Officer Phillip Jordinelli, the Sector Southeastern New England command center supervisor. "The Leviathan was equipped with a VHF radio, but they were also able to communicate by cell phone."

Posted by Pam Cotter at 1:18 PM | Comment

Catch some Journal sunglasses to block those rays

Heading over to Second or Third Beach in Middletown for a lunch break today?

The Providence Journal's Beach Patrol will be on duty until 1 p.m. handing out free, promotional sunglasses.

To spot them, look for the crew wearing T-shirts with projoJobs, projoHomes and projoCars logos.

Posted by Andrea Panciera at 12:17 PM | Comment

Derderians willing to testify for lawsuits tied to fire

The owners of the former Station nightclub are willing to testify for attorneys who have brought lawsuits related to the deadly fire at the club that killed 100 people and injured another 200 in February 2003.

Brothers Michael and Jeffrey Derderian indicated their willingness in papers filed this week in the U.S. District Court of Rhode Island. The papers were filed in response to Magistrate Judge David L. Martin's invitation to the involved parties to give input on how the requests for discovery would be conducted.

"The defendants are still committed to actively participating in the discovery process, including presenting for their depositions. Furthermore, defendants are willing to present for depositions on all areas of inquiry permitted by Federal Rules of Civil Procedures 26 and 30, and not just the areas of inquiry applicable to the summary judgment motions," the response says.

Extra: Read the court document in .pdf format.

Last week, band manager Daniel M. Biechele lost his bid to avoid questioning. Biechele is serving a four-year prison sentence after pleading guilty to 100 counts of involuntary manslaughter. He admits he lit the pyrotechnics that triggered the blaze, but he said resulting injuries were unintentional.

Biechele’s lawyer, Thomas Briody, argued that Biechele should be spared further questioning because his answers could lead to federal prosecution or charges in other states in connection to his job with the band Great White.

Martin ruled Friday that lawyers representing victims’ families may question Biechele, but Martin also said that Biechele can use his constitutional right against self-incrimination by declining to answer questions that he believes might incriminate him.

In September, the Derderians pleaded no contest to 100 counts of involuntary manslaughter each for their part in the deadly blaze.

Michael Derderian is serving a four-year term at the Adult Correctional Institutions. Jeffrey received a suspended sentence and was ordered to perform 500 hours of community service and serve three years’ probation.

Attorneys for the Derderians noted that Michael Derderian would have to be transported from the Adult Correctional Institution to the courthouse to provide his deposition.

Also in papers filed this week, Biechele requests that he'd be required to provide just one deposition, which would be limited to a maximum of four hours.

Posted by Jack Perry at 11:39 AM | Comment

Mobster ordered back to prison

PROVIDENCE -- Mobster Edward C. Lato, a capo regime in the Patriarca crime family, was ordered to return to federal prison today for violating the terms of his federal probation.

U.S. District Court Ernest C. Torres sentenced Lato, 60, of North Providence, to five months in prison for associating with a person involved in criminal activity. He told Lato to report to a yet-to-be determined federal prison by noon on September 4. Upon completing his sentence, Lato will remain on supervised probation for 20 months.

Last December, Lato, two mob associates and nine others were arrested and charged with participating in a gambling and drug ring that had ties to Houston. At the time, Lato was in the final months of his probationary period for a prior extortion conviction. In accepting the five-month sentence, federal prosecutors said that an additional federal violation charge stemming from the recent raid has been dropped.

-- Journal staff writer W. Zachary Malinowski

Posted by Jack Perry at 11:17 AM | Comment

Former Roger Williams execs appeal convictions

PROVIDENCE -- Two former medical center executives have asked a federal appeals court to overturn their convictions for paying a state senator to advance the hospital's political agenda, saying the trial judge gave the jury flawed instructions.

Robert Urciuoli, the former president and chief executive of Roger Williams Medical Center, was convicted last fall along with former vice president Frances Driscoll for directing ex-state Sen. John Celona to support bills favorable to the hospital and oppose legislation the hospital was against. Their convictions were part of a sweeping federal probe into State House corruption.

Defense lawyers argued in written briefs submitted yesterday to the 1st U.S. Circuit Court of Appeals in Boston that the judge erred by permitting the jury to consider work that Celona did for the hospital - such as lobbying towns for increased ambulance runs and facilitating meetings with insurance company executives - that had nothing to do with legislation or his job as a senator.

-- Eric Tucker, The Associated Press

U.S. District Judge Ernest Torres told jurors they could consider any work that Celona performed on the hospital's behalf either behind the scenes or "under the cloak of his office." But the defense lawyers said those instructions were overly broad and permitted jurors to convict their clients for conduct that was not illegal and for "activities entirely unrelated to the legislative duties which the public elected (Celona) to perform."

In addition, Driscoll's attorney argued that conflicts of interest are almost inevitable in states like Rhode Island, which has a part-time legislature. Certain conflicts are tolerated under state law, and the onus is on legislators to know when they must recuse themselves from voting, wrote defense attorney John "Terry" MacFadyen.

"This case is about the difficulties which may ensue when non-legislators, not covered by the ethics code, enter business relations with a politician who is, and when that politician proves to have moral blinders, an oversized ego and feet of clay," MacFadyen wrote.

The appeals court has allowed both defendants to remain free on bail pending their appeal, saying they were raising important questions about the jury instructions.

Urciuoli, who was convicted of conspiracy and 35 counts of mail fraud, was sentenced to three years in prison. Driscoll, found guilty of a single mail fraud charge, was sentenced to eight months in prison followed by eight months home confinement.

Celona, a once-powerful lawmaker who chaired a Senate committee that dealt with health care legislation and resigned from the General Assembly in March 2004, was hired as a consultant for an assisted-living home that was affiliated with Roger Williams.

In reality, prosecutors said, he was being paid by the hospital executives to promote their legislative agenda and perform other favors. Defense lawyers argued that Celona and Driscoll were upfront about Celona's job with the medical center and that the relationship was always above board.

"Taken in the light most favorable to the defense, as required when instructions are at stake, the evidence showed that Celona was hired for his contacts with the senior community and not as an under-the-table lobbyist," MacFadyen wrote.

Celona earned more than $250,000 for his Roger Williams work between 1998 and 2004. He pleaded guilty in 2005 to having improper business dealings with Roger Williams, CVS Corp. and Blue Cross and Blue Shield. He is serving a two and a half year federal prison sentence. Two former CVS vice presidents were indicted last January and have pleaded not guilty.

Federal prosecutors say their investigation is continuing.

A spokesman for U.S. Attorney Robert Clark Corrente declined to comment on the defendants' arguments. The government will have an opportunity to file reply briefs.

Posted by Jack Perry at 9:17 AM | Comment

Marine forecast: Small craft warnings in outer waters

It should be a good day for the beach, even if some sun worshippers find it a little cool.

The temperature in Narragansett is expected to reach 76 degrees with a north wind of 9 to 11 mph. shifting to the east. The humidity has dropped.

Small craft warnings for waters south and east of Nantucket should continue until later this morning.

Posted by Jack Perry at 8:53 AM | Comment

Today's front page

Today's front page features photographs and a story about the reopening of Theatre by the Sea in Matunuck.

Download a copy of today's front page in .pdf format.

Posted by Jack Perry at 7:00 AM | Comment

Not a cloud in the forecast

PROVIDENCE -- What a beautiful day the National Weather Service is predicting.

This morning's temp of 63 is expected to rise to a high near 80, and there's none of the rain that has dampened the last few days on the horizon.

Until tonight, that is, when we've got a 30 percent chance of showers with a predicted low of 59 degrees.

We've got heavy rain predicted for tomorrow, cloudy weather for Saturday and mostly sunny for Sunday.

Check back with projo.com throughout the day for the latest weather updates.

Posted by Kate Bramson at 6:36 AM | Comment

DOT says Route 95 lanes open on time again

PROVIDENCE -- The stretch of Route 95 in Providence that was closed for the Route 95-Route 195 interchange project overnight has opened again on schedule for the morning commute.

Three southbound lanes of the highway between exits 18 and 20 reopened at 4:30 a.m., and Route 95 north along that same stretch opened at 5 a.m.

Last night's closure of the highway allowed traffic to get through on Route 95 south. Just the three left lanes of the highway closed, according to the state Department of Transportation. Route 95 north closed completely for the overnight work.

This is the second week of this second round of closures for the highway project.

The DOT has just three more overnight closures planned. Tonight's is expected to work the same as last night, with one lane of Route 95 south remaining open while Route 95 north shuts down completely. No closures are planned for Friday and Saturday nights.

Sunday and Monday, the closures are expected to affect just Route 95 north and Eddy Street.

Check out the road-closure schedule on the DOT’s site.

For a look back at the earlier closures this year, see projo.com’s special reports section.

-- projo.com staff writer Kate Bramson

Posted by Kate Bramson at 6:27 AM | Comment