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October 12, 2007

Tonight: John Mayall in Newport, Sox and Clapton on TV

AP photo
The Sox limber up on the field at Fenway before tonight's first game against Cleveland in the ACLS playoffs.

Yes, there's other stuff to do besides watch the Red Sox take on the Indians tonight. Really, there is. No, I'm not kidding.

John Mayall, a legendary force in the British blues boom that exploded in the 1960s, plays at 9 p.m. at the Newport Blues Cafe, 286 Thames St., Newport. Tickets are $25. Call (401) 841-5510.

This is the same Mayall in whose original John Mayall and the Bluesbreakers a young Eric Clapton played some of his best blues. Just listen in to "Have You Heard" or "Double Crossing Time" on the seminal Bluesbreakers album.

After playing with the Bluesbreakers, Clapton went on to join this other outfit called Cream and the rest is history. In a bit of serendipity, Clapton's due to be on Larry King Live at 9 tonight -- same time Mayall starts playing -- talking about his new autobiography. Remote control in hand, you can flip to that between innings.

No doubt the rest of you will be watching the Sox. That's a 7:10 p.m. start at Fenway.

Can't get to the TV? Aching for pre- and post-game analysis, and a chance to sound off? Then visit projo.com's SoxBlog, where Journal staff writers will be busy posting the latest from the press box.

Posted by Mike McKinney at 7:02 PM | Comment

Carcieri to announce plan for workforce cuts

PROVIDENCE -- Governor Carcieri will outline Monday his plan to cut the state's workforce to rein in a projected $211-million budget deficit.

He will speak at 2 p.m. in the State Room at the State House, according to an advisory from his office late today.

Carcieri has said his aim is to cut $200-plus million in state spending and 1,000 state jobs.

Posted by Mike McKinney at 6:57 PM | Comment

Woonsocket man killed in crash on Fla. highway

A Rhode Island man was killed this morning in Florida when the four-door Mazda he was driving on Route 75 north struck the back of a dump truck, the police said.

A Florida Highway Patrol news release says Leonardo N. Austi Bracey, 25, of 614 East School St., Woonsocket, was heading north in the outside lane of the highway, "traveling much faster" than the dumptruck ahead of him, which was driven by Carlos Miguel Garcia Valdes, 31, of Naples, Fla. The dumptruck had just merged onto the highway from Alico Road.

The accident happened about 6:50 a.m., about a mile north of Alico Road.

For unknown reasons the victim's car struck the truck, the release states, and after the collision the car came to rest facing north in the highway's outside lane.

The truck's brakes were disabled by the collision, the police said, and it rolled to a stop facing north in the highway's outside lane. Valdes was not injured, the police said.

No witnesses were identified at the scene. The accident is still under investigation.

The victim was not wearing a seatbelt, the news release indicates.

The Florida Highway Patrol asked that anyone with information call the patrol at (239) 354-2377, extension 350.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 6:53 PM | Comment

AG: Dispatchers can't be charged in woman's death

PROVIDENCE – The Attorney General’s Office ruled today that the Pawtucket Fire Department dispatchers who delayed sending an ambulance to the home of a woman who was bleeding heavily can’t charged with a crime because it isn’t possible to establish that the nearly 15-minute delay caused her death.

The bleeding was so “voluminous” and Maria G. Carvalho was such poor health that she probably would not have survived even if the rescue truck had been sent to her house when it was first requested, Assistant Attorney General Stacey Pires Veroni said, quoting Dr. Peter A. Gillespie, an assistant state medical examiner.

“Due to the inability to establish that the delay in the dispatch of the rescue was the proximate cause of the death of Mrs. Carvalho, I will not present this matter to the grand jury,” Veroni said.

The ruling, which Veroni laid out in a letter to Pawtucket Police Chief George L. Kelley III, came three weeks and a day after Mrs. Carvalho, a 53-year-old kidney patient, bled to death from a shunt, or bypass, inserted in her blood vessels to facilitate dialysis.

The ruling was immediately disputed by Stephen M. Rappoport, a lawyer hired by the Carvalho family to file a wrongful death claim in the case.

In an interview today, Rappoport said that the medical experts he consulted have been unanimous that the delay dispatching a rescue truck to her home the morning of Sept. 20 resulted in her death

“I would respectfully say that we are in total disagreement with Dr. Gillespie,” Rappoport said.

-- Journal staff writer John Castellucci

Posted by Andrea Panciera at 5:59 PM | Comment

E. Greenwich cosmetic surgeon's license suspended

The state has suspended the medical license of Dr. Curtis J. Perry, whose cosmetic surgery practice in East Greenwich was shut down last month because the facility was not licensed for surgery and employed “dangerous” practices.

Perry relied on unlicensed workers to administer intravenous anesthesia to patients undergoing surgery such as tummy tucks and breast enlargement in his office, and didn’t have appropriate safeguards and backups in case of complications.

The state Board of Medical Licensure and Discipline this week suspended Perry’s medical license for three months, retroactive to Sept. 26, followed by three years' probation.

The board also required him obtain a surgery license for his office before resuming any surgical procedures there, to maintain arrangements with other doctors and hospitals to care for patients if there are complications, and to make sure in all communications that he does not lead anyone to believe that he is board-certified in plastic surgery. He is an ear-nose-and-throat specialist.

Reached by phone today, Perry said that he planned to “work with the board” to get his facility fully licensed, but declined further comment.

-- Journal medical writer Felice J. Freyer

Under state law, procedures can be performed in a doctor’s office only when they involve the skin or the tissues just underneath and require only local anesthesia and a mild tranquilizer. Otherwise, the office must be licensed as an outpatient surgery center.

Although Perry’s Artistic Surgical Center had advertised widely, health officials did not know the extent of the surgeries being performed there until a patient complained, said Dr. Robert S. Crausman, chief administrative officer of the state Board of Medical Licensure and Discipline.

Health Department inspectors visited Perry’s office in 2001. At the time, according to Crausman, Perry said he was only doing minor procedures that did not require licensure. Then this year the board received a complaint from a patient who required hospitalization and physical therapy after being treated by Perry. That prompted the investigation that led to the closing of his practice on Sept. 26. Since then, the board has received six additional complaints about Perry, which are under investigation.

Crausman said the board’s biggest concern, and the main reason why the Health Department shut down his office, was Perry’s approach to anesthesia, which Crausman called “dangerous.”

“He was using terrifically potent medications,” Crausman said, including Versed, a fast-acting tranquilizer, Ketamine, an anesthetic that separates mind from body, and Propofol, a fast-acting anesthetic. Unlicensed workers were mixing and administering the medications. There were no medical personnel -- such as a nurse anesthetist, physician assistant or anesthesiologist -- to monitor the patients while Perry performed surgery. The procedures required his full attention, and any of the drugs could have caused a person to stop breathing, Crausman said.

“He’s very fortunate that there haven’t been any tragic outcomes of that type,” he said.

The board also faulted Perry for not having hospital privileges that would allow him to perform the same procedures in a hospital, and for not arranging to have another physician cover for him if patients need help while he is away.

Also Perry’s advertising “had the tendency to be misleading,” Crausman said, because it implied that he was board-certified in plastic surgery.

Perry is board-certified in otolaryngology, and he also has certification from the American Board of Facial Plastic and Reconstructive Surgery, which was formed to recognize ear-nose-and-throat doctors who obtained additional training in plastic surgery.

How could Perry have operated with impunity for so long? Crausman said that other doctors were probably aware that Perry was doing surgery, but not that his office was unlicensed -- because “he was so open and blatant about this,” Crausman said. Also, patients paid out of pocket for his services, so no insurance company was involved to check on his credentials and licensure.

It’s a cautionary tale for cosmetic-surgery patients, Crausman said. He offered this advice to people contemplating cosmetic surgery:

--Consult your primary care physician and ask for a referral to an appropriate surgeon.

--If your surgery is not being done in the hospital, make sure the place where it happens is licensed. The license should be posted, or you can check with the Health Department’s division of facilities regulation. In Rhode Island, any surgery center that is licensed must also be accredited.

--Check your doctor’s credentials. Ask how many times he or she has done the procedure before. Ask what happens if there are complications -- who will care for you, and where?

Posted by Mike McKinney at 5:33 PM | Comment

Federal Hill murder case resolved after 9 years

PROVIDENCE -- Destie B. Ventre’s extended chess match with the law has come to an end.

He pleaded no contest yesterday to a Federal Hill murder nine years ago and received a 40-year sentence, 17 years of which was suspended.

The plea, accepted by Associate Justice Susan E. McGuirl of Superior Court, came just before Ventre would have stood trial for the fourth time on a charge that he shot a friend dead outside the Acorn Social Club on Spruce Street on June 6, 1998.

He also wounded the murder victim’s companion, for which McGuirl gave him a 10-year concurrent suspended sentence.

According to Michael Healey, spokesman for Atty. Gen. Patrick C. Lynch, Ventre admitted as part of the plea that:

* On June 5, 1998, Richard Cruso, Vincent Leonardo, David Bettencourt, and Lance Verrocchio, who were long-time friends, were at the former Bootlegger’s, a bar near Fox Point Hurricane Barrier. Ventre was also at the bar, with his brother, Ryan Guinto, and a friend, Gregory Warren.

* The two groups left separately when Bootlegger’s closed for the night. They met in downtown Providence, where an argument escalated into a fight involving all of them. The police arrived, but neither side wanted to pursue charges.

* In a later phone call between Cruso and Ventre, they agreed to meet on Acorn Street. Ventre arrived with Guinto at the parking lot of the Acorn Social Club, where Cruso and Leonardo waited.

* Ventre shot Cruso and Leonardo with a handgun, hitting Cruso in the chest and hip. Leonardo was shot in the shoulder. Guinto and Ventre fled before the police arrived.

* Cruso’s death was attributed to cardiac arrest caused by the gunshot wound.

* Ventre and Guinto disposed of the gun and the vehicle they traveled in. They remained at large until July 31, 1998, when they were found at a private residence in Mount Pleasant.

At his first trial in 2000, Ventre claimed self-defense. A jury convicted him of second-degree murder and assault with a dangerous weapon. Superior Court Judge John F. Sheehan (now deceased) sentenced him to 50 years in prison.

The Rhode Island Supreme Court overturned that conviction in 2002. The justices said that Sheehan’s jury instructions on the self-defense doctrine were “gravely inadequate.”

-- Journal staff writer Thomas J. Morgan

The attorney general’s office retried the case in November 2004. But that ended in a mistrial when, during deliberations, one juror gave other jurors information he had found on the Internet about the legal definitions of murder, manslaughter and self-defense.

Prosecutors quickly brought Ventre back to trial, and in December 2004, another jury convicted him of second-degree murder and assault with a dangerous weapon. At the time, Attorney General Lynch said, "The message of this verdict is, don’t give up. Retrials and mistrials are facts of life for prosecutors."

In February 2005, Associate Justice Gilbert V. Indeglia of the Superior Court sentenced Ventre to 50 years in prison - including 40 years to serve for second-degree murder and a consecutive 10-year sentence for assault with a dangerous weapon.

But last December, the Supreme Court vacated that conviction and sent the case back to Superior Court for retrial, saying Indeglia may have misled the jury on the question of burden of proof.

“More than anything else, this conviction is a testament to the persistence of Paul Daly, who handled the case from the start, and to the fine work of Providence Police Detective Robert Drohan,” Lynch said. “Although it is justice delayed, I hope the knowledge that the defendant is behind bars for a substantial sentence provides a small measure of solace to Richard Cruso’s family and friends.”

Lynch was referring to Assistant Attorney General Paul F. Daly Jr., who prosecuted the case for the State.

Posted by Mike McKinney at 5:06 PM | Comment

Update: Ex-House leader Martineau arraigned

Journal photo / Bob Thayer
Gerard M. Martineau, right, former House majority leader, and his attorney, Jim O'Neil, far left, head into U.S. District Court, Providence, today before Martineau's arraignment on two corruption counts. Martineau did not answer questions on his way into court.

PROVIDENCE -- Former House majority leader Gerard M. Martineau was formally arraigned on corruption charges today, entering a plea of not guilty that he is expected to change to guilty when his case goes to U.S. District Court.

Martineau has admitted in court documents to using his power to act favorably on legislation that benefited CVS and Blue Cross. He has agreed to plead guilty.

He entered the not-guilty plea this afternoon before Magistrate Judge David Martin. As part of the process, he'll make a change of plea when he comes before federal Judge Mary Lisi at a later date.

Martineau plans to plead guilty to a "criminal information," avoiding the grand jury indictment process.

The proceedings were over at 2:17 p.m after starting shortly after 2 p.m. Martineau spoke solemnly, answering the judge's questions, including his age and education level. The former lawmaker faced the judge with head down, his hands clasped in front of him.

On the recommendation of the prosecution, the judge set Martineau's bond at $50,000 unsecured, permitting two travel requests: a business matter in Newark, N.J., and family visit in the Blackstone, Mass. area. The judge also required Martineau to maintain employment.

-- By Michael McKinney, projo.com staff writer

Federal prosecutors have charged him as part of a wide-ranging probe into State House corruption called "Operation Dollar Bill."

Martineau is accused of selling bags to a health insurer and a pharmacy company and then using his position at the State House to benefit them. In particular, prosecutors say he worked to defeat a bill that both companies opposed.

Martineau faces two counts of "honest services mail fraud." Each carries a maximum five years in prison and several hundred thousand dollars in fines.

Read the full text of the charges against Martineau.

Read the full text of Martineau's plea agreement.

-- With Associated Press and projo.com reports

Posted by Jack Perry at 3:39 PM | Comment

League of Women Voters hosts immigration forum

The League of Women Voters of Rhode Island wants to understand the issues and debates surrounding immigration, both legal and illegal.

The League, which has no formal position or policy recommendation regarding immigration, says that's because there are still too many questions.

At a forum tomorrow at Rhode Island College, the group will try to get a hold on the different aspects of immigration with help from speakers on health care, history, the economy, education and public policy.

The forum, 9:30 a.m. to 2 p.m., will be held at RIC’s Gaige Auditorium, 600 Mt. Pleasant Ave. Admission is $15 for adults and $10 for students.

Speakers will include RIC Professor Chester W. Smolski; Providence Schools Superintendent Donald W. Evans; Deputy Director Catherine B. Walsh, RI Kids Count; John Uvin, director of the Rhode Island Division of Adult Education; and William Shuey, director of the International Institute of Rhode Island.

Small group discussions will be led by local media personnel.

Posted by Brandie Jefferson at 2:52 PM | Comment

No West Nile or EEE in last batch of testing

Mosquito testing is done for the season and the Department of Environmental Management says the last batch of insects tested negative for both West Nile Virus and Eastern Equine Encephalitis.

In all this season, five samples tested positive for West Nile Virus, but none tested positive for EEE.

Although mosquitoes are almost gone for the season, officials are still urging people to be careful until the first hard frost -- cover up and wear mosquito repellent.

There were no confirmed cases of West Nile or EEE in humans in the state, according to the state Health Department, but DEM did report a visitor from the United Kingdom was diagnosed with EEE after a six-week visit to New Hampshire and Rhode Island.

"Although it is impossible to pinpoint the location, or in fact, the state in which he contracted EEE," a DEM press release said, "The visitor's life-threatening illness should drive home the message that all residents and visitors should protect themselves against mosquito bites."

Posted by Brandie Jefferson at 2:05 PM | Comment

Rhode Island woman wins $1 million in Mass. lottery

A woman from the Hope Valley section of Hopkinton has won $1 million playing the Massachusetts Lottery

Linda J. Evans claimed the prize on Wednesday, according to the lottery's Web site.

Evans won the prize in the lottery's "$20 Billion Blockbuster Instant Game." She bought the ticket at Luke's Liquors in Yarmouth, Mass. The lottery Web site says she will collect 20 annuity payments of $50,000 before taxes.

The store gets a $10,000 commission on the sale.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 12:19 PM | Comment

Poll: Most Providence residents favor 'living wage'

PROVIDENCE -- Seventy percent of Providence residents favor a “living wage” where companies getting contracts from the city pay workers at least $12.30 per hour plus $1.25 an hour for health care benefits, says a Brown University poll out today.

The poll, done Sept. 29 and 30 by the university's Taubman Center for Public Policy, used a citywide random sample of 491 Providence residents and had a margin of error of about plus or minus 5 percentage points.

The survey coincides with the eighth annual Thomas J. Anton/Frederick Lippitt Urban Affairs Conference on “The Living Wage” slated for Tuesday. A panel of national experts at the conference will look at economic and political aspects of the living wage and other anti-poverty initiatives, the university said in a news release.

Speakers will include Paul Sonn of the Brennan Center for Justice at New York University, James Sherk of the Heritage Foundation, and Oren Levin-Waldman of the Metropolitan College of New York. The conference starts at 4 p.m. in Leung Gallery in Faunce House on the college green.

The poll found 90 percent of residents believed the national minimum wage should be raised from $5.15 to $7.25 an hour. Sixty-nine percent thought government should boost cash assistance for poor people. Eighty-three percent believed the government should expand subsidized daycare for poor people. Eighty-two percent thought able-bodied recipients on public assistance should be made to work as a condition of the aid. Thirty-four percent believed there should be a lifetime limit of five years on federal benefits for poor people.

Below are several of the poll questions and the response results.

-- projo.com staff writer Michael P. McKinney

Do you believe the national minimum wage should be increased from $5.15 to $7.25 an hour? 90 percent yes, 6 percent no, 4 percent don’t know or no answer

Do you support a so-called “living wage” in which companies receiving contracts from the city pay their workers at least $12.30 an hour plus $1.25 an hour for health care benefits? 70 percent support, 15 percent oppose, 15 percent don’t know or no answer

Do you think the government should increase cash assistance for people who are poor? 69 percent yes, 18 percent no, 13 percent don’t know or no answer

Do you believe the government should expand subsidized daycare for people who are poor? 83 percent yes, 11 percent no, 6 percent don’t know or no answer

Do you think able-bodied recipients on public assistance should be required to work as a condition of the aid? 82 percent yes, 9 percent no, 9 percent don’t know or no answer

Do you believe there should be a lifetime limit of five years on federal benefits for poor people? 34 percent yes, 50 percent no, 16 percent don’t know or no answer

In your view, are most people who receive public assistance genuinely in need of help or are they taking advantage of the system? 52 percent genuinely need help, 28 percent taking advantage of system, 20 percent don’t know or no answer.

Do you think that most poor people could get along without public assistance if they tried? 28 percent yes, 59 percent no, 13 percent don’t know or no answer.

Do you think that most poor people are lazy? 15 percent yes, 77 percent no, 8 percent don’t know or no answer.

How big a problem is poverty in our society today? 74 percent a big problem, 19 percent somewhat of a problem, 3 percent not much of a problem, 4 percent don’t know or no answer.

Would you say that you and your family living there are: 31 percent better off, 38 percent the same, 28 percent worse off financially than you were a year ago, 3 percent don’t know or no answer.

Posted by Mike McKinney at 12:11 PM | Comment

Sen. Kennedy has surgery on blocked artery in neck

BOSTON -- Sen. Edward M. Kennedy underwent surgery today to repair a partially blocked artery in his neck, which was discovered during routine examination of a decades-old back injury.

The hourlong procedure on his left carotid artery - a major supplier of blood to the neck and head - was performed at Massachusetts General Hospital by Dr. Richard Cambria, the hospital's chief of vascular surgery. The Massachusetts Democrat -- father of U.S. Rep. Patrick Kennedy, D-Rhode Island -- suffered no complications and the senator was expected to be released in several days, Kennedy's office said.

"As part of a routine evaluation of Sen. Kennedy's back and spine, MRI studies picked up an unrelated, asymptomatic blockage in the senator's left carotid artery," said a statement from Kennedy's Washington office. "This morning, Sen. Kennedy underwent preventive surgery at Massachusetts General Hospital to remove the blockage."

-- The Associated Press

Kennedy, 75, is in relatively good health for his age, but he has been bothered by an aching back since a 1964 plane crash, which killed a pilot and one of Kennedy's aides. Then-Sen. Birch Bayh, D-Ind., who was traveling with Kennedy, pulled him from the wreckage but Kennedy suffered a back injury, punctured lung, broken ribs and internal bleeding.

Because of the persistent pain, the senator often leans on a wall or sits on a stool when he otherwise would be expected to stand for an extended period.

Kennedy had a routine back examination on Oct. 4, followed by an MRI exam at Cape Cod Hospital on Tuesday. That night, doctors told him of the arterial blockage.

Kennedy campaigned Wednesday in the Merrimack Valley for Niki Tsongas, a Democrat seeking the 5th Congressional District seat in a special election next week, before heading to Massachusetts General for additional tests.

Kennedy is the lone surviving son in a famed political family. His eldest brother, Joseph, was killed in a World War II airplane crash, another sibling, President John F. Kennedy, was assassinated in 1963, while his remaining brother, Robert, was assassinated in 1968.

Kennedy, considered a liberal lion in the Senate, was re-elected in 2006. His current term ends in 2013. The senator made a failed run for the presidency in 1980.

Posted by Jack Perry at 11:53 AM | Comment

Good Mornin', Providence / Photo

Journal photo / Andrew Dickerman
Thad Davis, of Van Wert, Ohio, greets passers-by as he stands on a busy downtown corner today.

Thad Davis, visiting the city while his wife attends a seminar, wanted to know if Providence was a nice place.

So he drew up a sign that reads, “Good Mornin,' '' and went to the corner of Fountain, Dorrance and Eddy Streets. He stands there this morning holding the sign, waving and audibly greeting passers by.

The results of his unscientific study?

“Providence has been pretty friendly, considering it’s bigger a city and all.”

Davis is originally from the South -- the rural South. He's a native of Polk County, North Carolina.

Some "northerners," such as his wife, don't immediately appreciate the friendly habits that people from small, southern towns are known for.

She’s a native of New York state. “When she started going South, she didn’t understand why people started saying, ‘Hi,' ” Davis said.

Now that he lives in Ohio, Davis said he’s been sure to try to instill friendliness into his children. He tells them it’s OK to smile, OK to say hello to people.

So he practices what he preaches, albeit to the extreme.

Most people smile, many wave, some say good morning back, and others ignore him. One person did tell Davis that he was missing a "G" on his sign. But, he said, "I have an accent. And I don't add 'Rs' where they don't belong."

In all he's pretty pleased with the responses.

“Some of it is forced civility,” he said, “but it’s something.”

And so far, he said, “No one’s told me to screw off.”

-- projo.com staff writer Brandie M. Jefferson

Your turn: Did you / would you say good morning to him?

Posted by Brandie Jefferson at 11:30 AM | Comment

Red Bull Race will close some Providence streets

Speed is just one factor in a race where judges will also look for creativity and showmanship.

See what the drivers get away with at the Red Bull Soapbox Race when they bring their homemade vehicles to College Hill in Providence tomorrow. The gates open at 11 a.m. and the first race begins at 1 p.m.

Safety, too, is on the agenda. Expect street closures to delay travel across the East Side, but ensure the soap box cars don't have to compete with traffic.

Prospect Street between Meeting and Angel Streets will be closed to traffic by 10 a.m. today and preparation begins in earnest tonight at 6 p.m. when a good chunk of the East Side will be closed to traffic.

Click below to find out what streets will be closing.

At 6 p.m., the following streets will close:

Waterman Street between Memorial Blvd. & Brown Street
Canal Street between Steeple Street & Washington Place
Washington Place between N Main Street & Memorial Blvd.
Benefit Street between Angel & College Streets
Prospect Street between College & Waterman Streets

And at 2 a.m. tomorrow, North Main Street, between Market Square & Thomas Street, will close.

Posted by Brandie Jefferson at 10:14 AM | Comment

Pot pie recall includes some local stores

ConAgra Foods is recalling a variety of frozen pot pie products that may be linked to a Salmonella infection, according to the U.S. Department of Agriculture’s Food Safety and Inspection Service.

The brands subject to the recall include Great Value, which is sold at Wal-Mart; Western Family, which is sold at local stores throughout the country, and the following store brands:

Banquet
Albertson’s
Food Lion
Hill Country Fare
Kirkwood
Kroger
Meijer

The recall applies to all varieties of frozen pot pies, including beef, chicken and turkey.

The products were distributed throughout the country, in Puerto Rico and the Caribbean islands.

A Salmonella infection lasts about a week and is typically characterized by diarrhea, fever and abdominal cramps. Most people recover without treatment within a week, but for certain populations, including elderly people and those with compromised immune systems, infections can be deadly.

For more information about the recall, call the USDA's toll-free food-safety hotline: (888)674-6854 or visit the USDA's food safety and recall Web site.

Posted by Brandie Jefferson at 8:40 AM | Comment

First convicted in 2000, man sentenced for 1998 murder

A 35-year-old man who was twice convicted of murder – and had both convictions overturned – has again been sentenced for the crime.

Superior Court Associate Justice Susan E. McGuirl sentenced Destie B. Ventre to 40 years with 23 to serve at the Adult Correctional Institutions. He was also sentenced to 17 years suspended with probation for the 1998 murder of Richard Cruso outside a Federal Hill Market.

Ventre, of North Providence, pleaded no contest yesterday to the charges, according to Attorney General Patrick Lynch’s office.

Ventre was first convicted in an April 2000 jury trial. That conviction was reversed by the state Supreme Court in December 2002.

There was a mistrial in Oct. 2004, a subsequent guilty verdict by a Superior Court jury in Dec. 2004, and another Supreme Court reversal in Nov. 2006.

“More than anything else, this conviction is a testament to the persistence of (Assistant Attorney General) Paul Daly, who handled the case from the start, and to the fine work of Providence Police Detective Robert Drohan,” Lynch said in a press release.

“Although it is justice delayed, I hope the knowledge that the defendant is behind bars for a substantial sentence provides a small measure of solace to Richard Cruso’s family and friends.”

-- with archival reports from Journal staff writer Edward Fitzpatrick

Ventre was accused of fatally shooting a former friend, Richard R. Cruso, outside the Acorn Social Club on June 6, 1998. He also was accused of shooting and wounding another former friend, Vincent Leonardo, in the same incident, which stemmed from a two-year-old dispute over a broken dirt bike.

During his first trial in 2000, Ventre claimed he acted in self-defense, but a jury convicted him of second-degree murder and assault with a dangerous weapon. Superior Court Judge John F. Sheehan (now deceased) sentenced him to 50 years in prison.

In 2002, the Supreme Court overturned that conviction, saying Sheehan made several mistakes. For instance, the high court said Sheehan's jury instructions on the self-defense doctrine were "gravely inadequate."

The attorney general's office retried the case in November 2004. But that ended in a mistrial when, during deliberations, one juror gave other jurors information he had found on the Internet about the legal definitions of murder, manslaughter and self-defense.

Prosecutors quickly brought Ventre back to trial, and in December 2004, another jury convicted him of second-degree murder and assault with a dangerous weapon. At the time, Lynch said, "The message of this verdict is, don't give up. Retrials and mistrials are facts of life for prosecutors."

In February 2005 Ventre was sentenced to 50 years in prison - including 40 years to serve for second-degree murder and a consecutive 10-year sentence for assault with a dangerous weapon.

But in late November, the Supreme Court vacated that conviction and sent the case back to Superior Court for retrial.

According to the decision, Ventre's defense lawyer, John F. Cicilline, argued that Superior Court Judge Gilbert V. Indeglia had erred when he instructed the jury that being armed with an unlicensed firearm "shall be prima facie evidence" of an intention to commit a crime of violence.

Cicilline said that instruction wrongly shifted the burden of proof from the prosecution to Ventre by requiring him to prove he did not intend to commit those violent crimes.

DURING DELIBERATIONS, the jury sent a note to the judge, asking him to define the Latin term "prima facie." Indeglia responded in a note that said: "Prima facie evidence is evidence that may assist in establishing a fact."

Cicilline objected again, saying the original instruction coupled with the definition of "prima facie" created a presumption that Ventre intended to commit crimes of violence.

Supreme Court Justice William P. Robinson III wrote the high court's 15-page decision, saying Indeglia "may well have caused the jury to reach an incorrect conclusion as to which party bore the burden of proof."

"We have concluded that the erroneous 'prima facie evidence' instruction directly impacted defendant's plainly articulated defense of self-defense by allowing the jurors to infer that defendant intended to commit the crime of violence with which he was charged," Robinson wrote. "Consequently, we cannot in good conscience hold that this particular instructional error was harmless beyond a reasonable doubt."

The shooting stemmed from an argument that dated back to 1997, when Ventre brokered the sale of a dirt bike to Cruso. The motorcycle didn't work, and Cruso gave it back to be fixed, but neither the bike nor the money was ever returned to Cruso.

According to trial testimony, Ventre had a chance encounter with Cruso and Cruso's friend, Leonardo, outside a Providence nightclub. The men got into a fight and later met in the parking lot shared by Tony's Colonial market and the Acorn Social Club on Atwells Avenue.

Ventre was accused of shooting the 23-year-old Cruso in the chest - within an inch of a crucifix tattooed on his chest - and then shooting him again when Cruso was on the ground. Ventre also was accused of shooting Leonardo in the shoulder.

The police have said Ventre and his brother hid in a Mount Pleasant house for two months, and Ventre dyed his hair and grew a moustache. The police said the two-family house had surveillance cameras and listening devices installed outside. The police raided the home in July 1998 and arrested them.

Posted by Brandie Jefferson at 8:24 AM | Comment

Nobel Peace Prize Laureate Albert Arnold Gore Jr.

Yesterday he was a former vice president; an unsuccessful presidential candidate; an environmental advocate; or maybe a documentary filmmaker.

But today, he’s Nobel Peace Prize winner Al Gore.

The Foundation awarded to prize to Gore, along with the International Panel on Climate Change, for their “efforts to build up and disseminate greater knowledge about man-made climate change, and to lay the foundations for the measures that are needed to counteract such change."

Watch a video of the announcement.

See a list of previous winners.

Posted by Brandie Jefferson at 8:02 AM | Comment

Unregistered sex offender set for arraignment today

The first person in Rhode Island to be charged under a 2006 federal law for failing to register as a sex offender with local police when he moved to here from another state is scheduled to be arraigned in U.S. District Court today.

Michael DiTomasso, 24, failed to register after moving to Woonsocket from Milford, Mass. in March according to the U.S. Attorney’s office.

The charge was brought under a section of the Adam Walsh Child Protection Act known as the Sex offender Registration and Notification Act. It requires sex offenders who move from one state to another to register their new address.

DiTomasso is scheduled for an 11:30 a.m. arraignment with Judge Lincoln D. Almond.

U.S. Marshals arrested DiTomasso in Milford, Mass., on Oct. 4. According to an affidavit, DiTomasso registered as a sex offender in 1997 with an address in Milford, as required by Massachusetts law. In March 2007, eight months after passage of the Adam Walsh Child Protection Act, DiTomasso moved to a Woonsocket apartment but failed to register with Woonsocket police or notify the Milford police of his new address.

On March 27, a Woonsocket police officer found DiTomasso at his new address and told him that he should register with the Woonsocket police within a week. On April 4, after DiTomasso had not registered, the Woonsocket police arrested him. The Milford police charged him with failing to update his registration.

The U.S. Marshal’s Office in Providence investigated, resulting in the Oct. 4 complaint and the indictment returned yesterday.

If convicted, DiTomasso faces up to 10 years in federal prison and a $250,000 fine.

DiTomasso has been in federal custody since his arrest last week.

Posted by Brandie Jefferson at 7:45 AM | Comment

Ex-House leader to face corruption charge today

PROVIDENCE -- A former state lawmaker is expected to appear in court to face corruption charges.

Former House Majority Leader Gerard Martineau is scheduled to be arraigned in U.S. District Court in Providence. He has signed an agreement promising that he will eventually plead guilty to mail fraud charges in exchange for a reduced sentence.

Federal prosecutors charged him as part of a wide-ranging probe into State House corruption called "Operation Dollar Bill."

Martineau is accused of selling bags to a health insurer and a pharmacy company and then using his position at the State House to benefit them. In particular, prosecutors say he worked to defeat a bill that both companies opposed.

-- The Associated Press

Posted by Jack Perry at 7:02 AM | Comment

After more rain, the sun should appear

Surprise: More rain expected today, mostly this morning. But another surprise: The National Weather Service is forecasting clearer skies and an appearance by the sun this afternoon with a high temperature near 61.

There's also a chance of isolated thunderstorms this morning in Eastern Massachusetts.

Tonight should remain clear, with an overnight low near 40.

Just in time for the weekend, the sun should come out Saturday morning and temperatures should barely clear the 60s; then clear overnight with a low temperatures in the 40s.

With sunny weather all weekend long, it may be a good time to check out the muted, but still impressive, New England foliage. Check out the foliage report to see what's to see.

More sunshine Sunday with high temperatures near 62 degrees and then an overnight low around 43.

More of the same is expected for Monday, with clear skies, sunshine and temperatures in the low 60s.

For weather updates throughout the day, check projo.com's weather page.

Posted by Brandie Jefferson at 7:01 AM | Comment

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The Red Sox and state pensions lead today's Journal.
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Posted by Peter Phipps at 6:56 AM | Comment