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September 6, 2007

Teen charged in boating death back in court

The Barrington teenager charged in the July boating death of a classmate has admitted that last week he violated a restraining order that prohibited him from contacting a former girlfriend, court records show.

Ryan A. Greenberg, 17, of Lamson Road, pleaded no contest to the misdemeanor charge on Wednesday before District Court Judge Walter Gorman. The judge ordered Greenberg to receive domestic violence counseling and agreed to dismiss the charge if the teen does what he’s supposed to do and remains out of trouble, court records show.

Greenberg was charged on Aug. 30 with violating a restraining order by sending instant computer messages and speaking by phone with Catherine C. Morris, 17, of Hanson Road, Barrington Police Chief John M. LaCross said today.

Greenberg has been in the news since being charged in the July 17 death of Barrington High School classmate Patrick Murphy, who had been riding a kneeboard pulled by a boat driven by Greenberg on the Barrington River. Authorities say Murphy was struck and slashed by something sharp, probably a propeller. Greenberg has been charged with reckless boating, death resulting; refusing to take a breath test; and underage possession of alcohol. He has entered not-guilty pleas.

-- Journal staff writer Edward Fitzpatrick

Posted by Mike McKinney at 6:59 PM | Comment

Update: E.G. teachers ordered back; union to meet

WARWICK -- A Superior Court judge has ordered striking East Greenwich teachers back to work, ruling today that students would suffer harm if the work-stoppage wore on.

The ruling followed an afternoon hearing that went on for some three hours in Kent County Superior Court. School has been out for three days in East Greenwich, after teachers voted to strike the night before classes were due to start.

The teachers union membership will be updated on what happened at a meeting at 7 tonight at the American Legion in East Greenwich. Jane Argentieri, assistant executive director of the National Education Association-Rhode Island, said she expects the membership will come to a consensus.

Donna Hayes, co-president of the local teachers union, said her "sense" was teachers would be back at the schools tomorrow.

Judge Jeffrey A. Lanphear presided over the 2 p.m. hearing after Richard Ackerman, the School Committee's lawyer, filed a complaint at 11 a.m. seeking an injunction.

At this afternoon's hearing, the burden was on the School Commitee's lawyer to make the case for an order to teachers.

"We have to demonstrate to the court that the teachers' strike is causing irreparable harm to the students and the public," Ackerman said.

During the hearing, Schools Supt. Charles Meyers testified and was cross examined. Meyers said in court that continued strikes would affect students, particularly special-needs youngsters and those in the free lunch program.

The school committee and the teachers have not been able to come agree on salary and health insurance issues for the latest contract.

Another mediation session is for Sept. 14.

Extra: Teachers take their case to East Greenwich residents in an open letter.

-- projo.com staff writers Michael P. McKinney and Brandie M. Jefferson, with reports from Journal staff writer Lisa Vernon-Sparks

Hayes said the committee did not offer a serious proposal last night. When she left negotiations at about 12:45 a.m., she said, the decision was made instead to cancel classes.

“We were very disappointed,” she said.

Meyers said he felt the School Committee bargained in “good faith… the School Committee asked the teachers to go back to work,” and continue bargaining.

“They refused,” he said. “We had no other choice.”

Posted by Mike McKinney at 6:32 PM | Comment

U.S. Attorney Gonzales makes stop in Providence

PROVIDENCE -- Call it a social call from one U.S. attorney to another.

Today, U.S. Attorney General Alberto R. Gonzales, who will step down from the office after an at-times controversial tenure, visited the U.S. Attorney's Office here and the State House.

Gonzales was stopping by on his way to a scheduled speech at the U.S. Coast Guard Academy in New London, Conn., tonight.

At his visit to the office of U.S. Attorney Robert Clark Corrente in Providence, he met with local and regional heads of other Department of Justice agencies, such as the FBI, the ATF, the DEA, and others, said Tom Connell, Corrente spokesman. Some of those heads are based in Providence, others in Boston.

"This attorney general has made a practice of visiting many of the U.S. Attorney's offices" Connell said, and Gonzales availed himself of this visit.

Gonzales, whose last day on the job is set for Sept. 17, arrived at the U.S. Attorney's office at about 11 a. m.

Gonzales’s staff reached out to the secretary of state’s office and Capitol Police late yesterday to arrange a State House tour.

“I am told these plans were very tentative,” Jeff Neal, spokesman for Governor Carcieri, said.

When he arrived at the State House at around 12:30 p.m., Gonzales was invited to meet the governor, a fellow Republican. They met for about 10 minutes in Carcieri’s office, Neal said, adding that he didn’t know what was discussed.

The General Assembly leadership did not attend the meeting.

“It was definitely an unscheduled, unplanned, spur-of-the-moment meeting,” Neal said.

-- projo.com staff writer Michael P. McKinney and Steve Peoples of the Journal State House Bureau

Posted by Mike McKinney at 5:18 PM | Comment

R.I. high court to hear governor's smoke-shop appeal

PROVIDENCE -- The state Supreme Court today decided it will hear Governor Carcieri's appeal of a Superior Court ruling that would force the governor to testify in the trial of defendants in the Narragansett Indian smoke shop case.

The high court issued a written order setting Oct. 30 for oral arguments and set up a briefing schedule. The high court stayed the Superior Court trial until further order.

Carcieri last month asked the state Supreme Court to overturn the lower court's ruling.

The appeal asserted the governor’s testimony is unnecessary and would undermine executive privilege, and it sought expedited review.

A lawyer representing six of the seven tribal members subpoenaed Carcieri on Aug. 1 and sought information on his instructions to then-state police Supt. Steven M. Pare before troopers raided the smoke shop on tribal lands in Charlestown four years ago.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 4:43 PM | Comment

Projo.com captures 3 top regional awards

Projo.com has won in three categories in the 2007 New England Associated Press News Executives Web awards in the bracket for New England's largest newspapers -- circulations of 40,000 or greater.

Projo.com won in public service for "A Mother's Addiction," which the judges called "such a good piece of work on so many levels."

Journal reporter Edward Fitzpatrick wrote the seven-part series that ran in May 2006 with photography by John Freidah. It took readers inside Rhode Island's Family Treatment Drug Court through the story of Tania Cabral, a mother struggling to escape the addict's life.

In the special section category, the winner was "State of the Mob," written by Journal investigative team reporter W. Zachary Malinowski. The judges called it "worthy of an hour-long show on the History Channel" and "great investigative reporting work." They also praised "the slideshows and mugshots" that had a judge "daydreaming about a long time ago, a time before PS3 and MySpace."

Projo.com also won in the sports category for the Web site's Red Sox section. "With historical information for every player the Red Sox section knocks 'em out of the park," said the judge's comments.

The results, announced today, mark repeat wins for projo.com. Last year, projo.com won in two NEAPNEA categories: public service and best special section.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 3:32 PM | Comment

AGs' report advises school safety steps

A report from a national school safety task force headed by state Attorney General Patrick Lynch is recommending several mechanisms to improve and speed up ways of alerting campuses to danger.

The report, released today, suggests:

Every college and school should have mechanisms to allow people to report anonymously perceived threats made by students or faculty.

Colleges should put in place a communication system using existing technology that gets information to as many people as fast as possible.

And schools should continue to carry out and expand measures that aim to prevent bullying, including the use of computers and other electronics known as cyber bullying.

In Rhode Island, at least two universities' new safety measures have been highlighted as students return for the fall. Brown University plans to install a siren that would send out campus alerts. Rhode Island College is using a system that sends alerts by e-mail and cell phone about a crisis or disaster to students and staff.

“The expectation that our students would learn in safe, secure environments that was for so long a part of our shared, national psyche has been shattered by Columbine, Jonesboro, Virginia Tech, and other eruptions of violence that occur with a disturbing frequency in schools and on campuses across America,” Lynch said in a statement. “We hope our report stimulates local and national dialogue among policy makers, educational administrators, law enforcement, and parent-teacher organizations at the start of the new school year.”

-- projo.com staff writer Michael P. McKinney

The panel also recommended:

* State lawmakers should require that all schools and colleges receiving state money create, maintain, and update emergency management plans.

* All schools and colleges should create a system in which disturbing behavior is reported to someone or a multidisciplinary team who are trained to assess risk and evaluate the information. The person or team would carry out an immediate response. Students, parents, faculty, and others should be made aware of the reporting mechanism.

* State and federal lawmakers should examine privacy laws to remove barriers to information sharing. "Appropriate state and federal agencies" should clarify how information, such as mental health records, can be shared under state and federal laws.

* States should "modify or enhance" their laws to ensure all relevant firearms law information is shared with the National Instant Criminal Background System, especially for people disqualified from buying or having guns for mental health reasons. The U.S. Department of Justice should give "clear guidance to jurisdictions on the scope of relevant records."

The 27-member task force report is from the National Association of Attorneys General, of which Lynch is president-elect. It updates a 1999 report about school violence.

Posted by Mike McKinney at 2:08 PM | Comment

Company recalls beef shipped to R.I., others

ASHVILLE, N.Y. -- Fairbank Farms, a national company that sells ground beef, announced a recall Wednesday of 85-percent lean ground beef patties sold in Shaw’s Supermarkets.

The ground beef patties, sold fresh under the Shaw’s label, could have been purchased by consumers in New England between about 7 a.m. and 11 a.m. yesterday.

The product was removed after concerns about possible contamination with E.coli 0157:H7 bacteria.

Customers who may have purchased the beef patties should check the package. Each of the 1.33-pound trays is marked with the establishment number “Est. 492” inside the USDA mark of inspections, and the nutritional information label bears a time stamp between “17:05” and “17:25.” The packages also have a date code of “243.”

A majority of the product was isolated in the company’s warehouse. Some affected product was shipped to stores in Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont. The affected product has been pulled from store shelves.

Customers who have purchased the patties may return them to their local Shaw’s store for a full refund or exchange.

-- The Associated Press

According to the Centers for Disease Control and Prevention, the E. coli strain 0157:H7 infects about 73,000 Americans a year and kills 61.

Symptoms of E. coli include stomach cramps that may be severe and diarrhea that may turn bloody within one to three days. E. coli can sometimes lead to complications including kidney failure.

Symptoms usually show up three to four days after a person eats contaminated food, although in some cases it can be as long as eight days. Officials said anyone having symptoms should immediately contact their health care provider.

Posted by Mike McKinney at 12:27 PM | Comment

Update: ACLU decries poor access to public records

The state affiliate of the American Civil Liberties Union, in a report released today, reviews a series of incidents in Rhode Island where it claims public records have been withheld by different state agencies.

ACLU Director Steven Brown says the incidents mentioned demonstrate “the need for strong and comprehensive reform” in the state’s Access to Public Records Act.

The report makes recommendations for strengthening the public records act, including a mandatory certification for government employees who are in charge of dealing with requests.

It also suggests raising the fine for “knowing and willful” violations of the law -- which is currently $1,000 – and adding a fine for reckless violations; requiring defendants to cover attorneys' fees in open records complaints even if a formal judgment is not entered; waiving administrative fees; shortening the time public officials have to respond to a request; and explicitly stating in the law that personal information is not required for access to public records.

There are five incidents detailed in the report, including a settlement agreement in a lawsuit that two former police sergeants filed against the city of Providence after being fired from their jobs and accused of cheating on a police exam.

The terms of the settlement were released to The Providence Journal by undisclosed sources after the city refused to release the information. In an article in June, Assistant City Solicitor Anthony Cottone said the city, as part of the settlement, agreed to keep the contents confidential.

To err on the side of caution, Cottone said in the article, the city will uphold the confidentiality agreement rather than invoke the public records law.

Read the full report here. Click below to read about the other incidents detailed in the ACLU’s report.

-- projo.com staff writer Brandie M. Jefferson

The report also points to a Providence Journal request of records from the state Department of Environmental Management after a Barrington teenager died as the result of a boating accident in July.

When asked for the boat's registration information, a DEM spokesperson said the records were part of "an active investigation" and were exempt from public disclosure.

The report also considers the case of legendary inmate Alfred "Freddie" Bishop and a refusal by the Warwick Police Department -- citing follow-up investigations -- to release his original arrest record three decades after the arrest.

In July, the administrator of Minority Business Enterprise compliance office vetoed to conduct a hearing on an application to obtain "minority business enterprise" status, a designation potentially worth millions of dollars in contracts. The administrator said he was "uncomfortable releasing an open application," and would not release the application to The Journal.

The final example cited by the ACLU is the request by state troopers at the Hope Valley barracks for personal information -- including a driver's license -- when an individual requested an arrest report.

When he refused, troopers told the man that only the defendant or the defendant's lawyer had a right to that information and he was asked to leave.

Posted by Brandie Jefferson at 12:22 PM | Comment

Coming to DVD: When Dylan plugged in Newport

Bob Dylan picked Newport to plug his music into an electric guitar in 1965, upsetting more than a few acoustic folkies at the time, and that performance is coming to DVD for the first time on Oct. 30, Billboard.com is reporting today.

According to Billboard, "The Other Side of the Mirror -- Bob Dylan Live at the Newport Folk Festival 1963-1965" was directed by Murray Lerner. The DVD is said to have 80 minutes of performances, of which some 70 percent have not been released before.

Posted by Mike McKinney at 12:10 PM | Comment

E. Greenwich School Committee at the courthouse

An attorney for the East Greenwich School Committee went to the Kent County Superior Court late this morning to ask a judge to end a three-day teachers strike.

Richard Ackerman said he plans to ask Judge Jeffrey A. Lanphear for a hearing “as soon as possible,” hopefully this afternoon, and request that an injunction be granted, compelling the East Greenwich teachers to return to school.

After a three-day strike, which included a late-night mediation session, the school committee and the teachers have not been able to come agree on salary and health insurance issues for the latest contract.

Donna Hayes, a local teachers union representative, said the committee did not offer a serious proposal last night. When she left negotiations at about 12:45 a.m., she said, the decision was made instead to cancel classes.

“We were very disappointed,” she said.

Supt. Charles Meyers said he felt the school committee bargained in “good faith… the School Committee asked the teachers to go back to work,” and continue bargaining.

“They refused,” he said. “We had no other choice.”

Extra: Teachers take their case to East Greenwich residents in an open letter.

-- projo.com staff writer Brandie M. Jefferson, with reports from Lisa Vernon-Sparks

Posted by Brandie Jefferson at 11:38 AM | Comment

Photo: Checking out a river listing

Journal photo / Andrew Dickerman

Officers from the Coast Guard and Providence Fire Department this morning were out checking a construction barge that appears to be listing in the Providence River between the Point Street Bridge and the hurricane barrier. Coast Guard Petty Officer Andrew Christopherson, from Sector Southeast New England, said the barge seems stable and appears to be hung up on a submerged piling with an outgoing tide. A Cranston Fire Rescue boat was also on the scene.

Posted by Jack Perry at 11:31 AM | Comment

State officials urge voluntary water-use reductions

State officials are urging the public to voluntarily restrict water use, saying that water levels have fallen dramatically in rivers and streams due to absence of "significant rainfall" last month.

In particular, the Blackstone, Pawtuxet, Pawcatuck, and Hunt rivers are experiencing low flows. Levels are expected to drop more because forecasts do not predict rain in the state until Tuesday or Wednesday, the state Department of Environmental Management has announced.

People should not carry out non-essential uses of water, such as watering lawns and gardens and filling swimming pools until further notice, the DEM and the Rhode Island Water Resources Board urge in the news release. Commercial users of water are urged to curtail water use "to the extent possible."

For water conservation tips, go to http://www.wrb.ri.gov/education.htm.

Current water use restrictions for major public water suppliers are at http:www.wrb.ri.gov/waterrestrictions.htm.

-- projo.com staff writer Michael P. McKinney

As water levels continue to drop, it raises potential for fish kills because of potential for portions of stream beds to dry.

August saw 1.09 inches of rainfall -- almost three inches below average rainfall for the month -- and was the second driest August in 113 years that data has been collected, according to the Northeast Regional Climate Center.

There is also potential in current conditions for frequent brush fires in the state's forests and risks to woodland homes in areas where stream flows are low, the DEM Division of Forest Environment says. It's driest between 10 a.m. and 5 p.m.

Officials said charcoal cooking fires must be cold before they are discarded. Smokers should use ashtrays. Dirt bikes and all-terrain vehicles should be in good shape with mufflers to minimize sparks.

Posted by Mike McKinney at 10:01 AM | Comment

Sentencing today in crack cocaine case

Derek W. Isom, a co-defendant in a case that involved an assertion that police and a defense lawyer set up other co-defendant Khalid Mason to be charged with drug offenses, is scheduled to be sentenced in federal court today.

The case against Mason was dismissed last month following word of conflicting assertions by police about the existence of notes from surveillance of Mason's houses three years ago.

Mason and Isom were accused by authorities of running a crack distribution ring from a house at 214 Pavilion Ave., in South Providence.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 9:41 AM | Comment

High court to consider Family Court jurisdiction

The state Supreme Court is scheduled today to have a conference related to the state Department of Children, Youth and Families' assertion that Family Court no longer has jurisdiction of 18- to 21-year-olds.

During the week of Aug. 3, a state Supreme Court justice refused to stop a ruling that lets Family Court continue to oversee cases of about 600 18- to 21-year-olds who came into state custody as dependent, neglected or abused children before July 1.

The Journal reported earlier this month that the state Supreme Court will decide whether to hear a state DCYF appeal that asserts Family Court's no longer having jurisdiction.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 8:45 AM | Comment

Cianci show will run from 10 a.m. until 2 p.m.

Former Providence Mayor Vincent A. "Buddy" Cianci will co-host a 10 a.m.-to-2 p.m. radio show at News Talk 630 WPRO, the station announced this morning.

Current early morning host Ron St. Pierre will join Cianci for The Buddy Cianci show, which will debut Sept. 20 on the AM station.

Cianci was released from federal prison in May after serving a sentence for racketeering.

Over the past 20 years, he has sandwiched radio work around two long stretches at Providence City Hall. He first worked at WHJJ and then briefly at WPRO in 2002 before going to prison on a corruption charge.

Some other shows and hosts are rearranging their schedules.

John DePetro will move up into the 6 a.m. to 10 a.m. slot.

The Dan Yorke show will start an hour earlier, running from 2 p.m. until 6 p.m.

Bill Haberman will anchor WPRO's First News , which starts at 5 a.m.

The Rush Limbaugh Show will move to Talk Radio 920 WHJJ, that station has announced. It will debut Sept. 17 and occupy a noon-to-3 p.m. time slot, the same slot it had at WPRO.

Posted by Jack Perry at 7:16 AM | Comment

More sun and 77 degrees

It's going to be another mild, sunny day with a high temperature near 77 degrees. The National Weather Service is predicting an overnight low of about 60.

Tomorrow will start off with patchy fog early, then clear for a warmer day with a high in the mid 80s.

For more weather and regular updates, see projo.com/weather.

Posted by Brandie Jefferson at 7:02 AM | Comment

Today's front page

Today's front page features photographs and a story about a parole hearing for Dan Biechele, the band tour manager who set off the pyrotechnics that ignited The Station nightclub blaze.

Download a copy of the front page in .pdf format.

Posted by Jack Perry at 7:00 AM | Comment