« November 14, 2007 | Today | November 16, 2007 »

November 15, 2007

Magistrate Almond tapped to succeed Judge Torres

President Bush has nominated Lincoln D. Almond, a U.S. magistrate judge in Rhode Island and son of the former Republican Gov. Lincoln C. Almond, to succeed Ernest Torres as a full-time U.S. District Court judge in Providence.

Almond's nomination has been sent to the U.S. Senate, according to a White House statement this evening.

Torres left full-time service and assumed senior judge status.

Posted by Mike McKinney at 7:14 PM | Comment

Brown gets $10M for long-term care research database

PROVIDENCE -- A Brown University center has gotten a five-year, $10-million grant to create the first national database that will let researchers study how state policies and market forces affect quality of long-term care, such as by nursing homes.

The university's Center for Gerontology and Health Care received the grant from the National Institute on Aging, a university news release said this afternoon.

Vincent Mor, department of community health chairman at Brown, and his team will take existing federal information on Medicare reimbursement claims, patient hospitalization rates and other data and combine it with new information the team will gather on the health of residents, reimbursement rates for long-term care services, the organization of those services, and more from a random sample of 2,600 American nursing homes. The group will also collect information on policies from the 50 states.

More than 1.4 million Americans live in nursing homes and by 2020, an estimated 12 million will need long-term care, whether in a nursing home, assisted living facility, chronic care hospital or at home, according to the release.

The goal, according to the press release, of the database is to "allow researchers to trace a clear relationship among state policies, local market forces and the quality of long-term care. Policy-makers can then use the information to craft state and local guidelines that promote high-quality, cost-effective, equitable care for older Americans."

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 5:44 PM | Comment

RISD exploring branch in Charlotte, N.C.

PROVIDENCE -- Commenting on a report today that Rhode Island School of Design officials are in talks with Charlotte, N.C., officials about opening a branch there, a RISD spokeswoman said college officials have visited there three times but that it is "very exploratory" and there is "no program proposal" as of yet.

"It's not like there is going to be some sort of anouncement next week," said Jaime Marland, spokeswoman for the Rhode Island School of Design. What, if any, form a RISD presence in Charlotte may take is not settled, she said.

Marland said RISD officials have been to Charlotte on a few occasions, at the behest of Center City Partners, in Charlotte, which seeks to promote that city's business and cultural climate.

A report on the Charlotte Observer's Web site today said Charlotte officials are in talks with RISD about opening a branch in Charlotte's uptown. The report said RISD President Roger Mandle has visited Charlotte three times, with Mandle's last visit in September.

There are several universities in the Charlotte area -- including a branch of Providence-based Johnson & Wales.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 4:46 PM | Comment

Victim's parents grateful for charge in 1999 murder

Journal photo / Bob Breidenbach
Richard and Lisa Tyre listen to a question during the press conference they called today to talk about the arrest of their former son-in-law in their daughter's death.

WARWICK -- In the eight years since their daughter, Shelley, died while scuba diving with her husband David Swain in Tortola, Richard and Lisa Tyre of Jamestown have often criticized the authorities in the British Virgin Islands for a lax attempt at investigating their daughter’s death.

But a day after Swain was formally charged with murdering Shelley Tyre, her parents offered gratitude to those same authorities while speaking with reporters.

"I am tremendously grateful to the people and the government of Tortola that they have gotten around to it,’’ said Lisa Tyre at a press conference this afternoon. "Took a long time, but we’re there and gratitude is literally overflowing.’’

Swain’s arrest culminated months of quiet diplomacy between U.S State and Justice department officials and diplomats with the British Virgin Islands and the United Kingdom.

It also followed a successful suit against Swain, filed by by Warwick lawyer J. Renn Olenn on behalf of Shelley Tyre's parents.

-- Journal staff writer Tom Mooney

Until yesterday Swain, 51, had never been criminally charged in the death of his wife, a private school administrator and expert diver.

He has steadfastly maintained his innocence and said that Shelley Tyre’s death was an accident — as had officials on the popular vacation isle of Tortola until Olenn, based on his successful civil case against Swain, pressed them last year to take another look.

After reviewing much of Olenn’s evidence, Tortola authorities filed a criminal complaint against Swain in March. And in May they filed an extradition request, beginning a months-long process, that Swain return to Tortola to face one count of murder.

If extradited and eventually found guilty, Swain could spend the rest of his life in a Tortola prison, said Assistant U.S. District Attorney Lee Vilker.

Posted by Andrea Panciera at 4:19 PM | Comment

Firm pleads guilty to fraudulent sales of ED drug

PROVIDENCE -- The owners of a Florida-based pharmaceutical company pleaded guilty to federal charges today of selling more than $4 million of an erectile dysfunction drug that had never been approved by the federal regulators.

James Mienik, 37, chief executive officer of White Broadman Inc., and Paul Romano, half owner of the company, admitted to misdemeanor charges that they introduced a drug that had been misbranded.

They agreed to turn over more than $794,000 to White Broadman, who, in turn, will surrender the money to the government. The government also has seized $205,000 that Meinik had in bank accounts.

White Broadman, through its lawyer, Anthony Traini, of Providence, pleaded guilty to a felony charge of introducing a new drug through interstate commerce without approval by the Food & Drug Administration.

Terrence Donnelly, an assistant U.S. attorney, told the court that the firm sold Penetrix, which later became Penetrin, to thousands of customers nationwide through direct mail. Bottles of the drug sold for $59.95 and $79.95 from 2001 through February 2004.

The U.S. Postal Service launched an investigation after it received complaints from customers.

Asked whether the erectile dysfunction drug worked, Donnelly said, ``I’m not prepared to comment on that.’’

The direct mail order brochures included a corporate address on Post Road in East Greenwich. Donnelly said that the company had a post office box, but no offices in Rhode Island.

-- Journal staff writer W. Zachary Malinowski

Posted by Mike McKinney at 4:03 PM | Comment

Newport woman accused of commodity fraud

A Newport woman has been charged in a federal civil complaint with fraudulently soliciting and obtaining more than $500,000 from members of the public to invest in trading commodity futures.

Federal Judge Deborah A. Batts in New York's Southern District issued an order freezing assets of Elizabeth Baldwin of Newport and barring the destruction of business records, according to a news release today summarizing the complaint lodged by the U.S. Commodity Futures Trading Commission.

Baldwin is accused of defrauding people participating in a commodity pool to trade E-Mini S&P 500, 10-year notes and 30-year bond futures contracts.

The complaint alleges that, from at least January 2004 to now, Baldwin, doing business in her name and in the name of Newportant Group, fraudulently solicited and obtained more than $500,000.

Baldwin "represented to at least one participant" that money would be pooled for the purpose of trading futures contracts and that the pool had been making monthly profits from 3 to 10 percent. The complaint asserts that was false, that the pool lost money trading in all but one month.

-- projo.com staff writer Michael P. McKinney

Baldwin fraudulently represented to customers that their money would be held in segregated trading accounts at futures commission merchants, the complaint alleges. However, the complaint says, Baldwin maintained trading accounts in her own name only and never maintained an account at the futures commission merchants in the name of the pool.

The complaint also alleges that "Baldwin provided pool participants with false monthly account statements and illegally acted as a commodity pool operator without being registered" with the Commodity Futures Trading Commission.

The commission said assistance came from the National Futures Association, the Rhode Island State Police, Newport Police, and Rhode Island Department of Business Regulation.

Posted by Mike McKinney at 4:01 PM | Comment

Lawyer for murder suspect Bishop drops out of case

The bail hearing for Alfred J. "Freddie" Bishop, who faces a new murder charge stemming from a June home invasion after spending 33 years at the Adult Correctional Institutions for killing a friend, will not happen tomorrow morning.

The hearing was scheduled for tomorrow in District Court, Warwick. But Bishop's lawyer, Paul DiMaio, has informed the court he plans to withdraw from the case and ask the court to refer it to the public defender's office, according to a news release from state Attorney General Patrick C. Lynch's office.

Police documents asserted that DNA samples taken from a bloody ski mask at the scene of the triple shooting in June matched the genetic makeup of Bishop.

The case is pending a grand jury investigation.

Posted by Mike McKinney at 3:52 PM | Comment

Repair crew headed to Smithfield gas line

SMITHFIELD -- A National Grid crew is on the way to the Douglas Pike-Whipple Avenue intersection to repair gas service after a contractor damaged a two-inch line that runs from the the gas main in the street to customers.

The damage resulted in a gas leak. The incident was reported about 2 p.m. and a National Grid technician arrived at 2:14 p.m. and shut off the line. The crew headed to the scene now will repair the service.

Someone reported from another location on Douglas Pike the smell of gas but it may just be the odor from the leak where the line break occurred. National Grid will also check on the other location, Graves said.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 3:46 PM | Comment

Chat: Judge: Teen drinking not just problem for parents

Family Court Chief Judge Jeremiah S. Jeremiah, who recently made headlines for admonishing parents in Barrington over teen drinking, visited projo.com this afternoon for a live chat about the problem of teen drinking.

Jeremiah told projo.com readers that the police should more often bring criminal charges against parents who have contributed to a child's delinquency.

"I don't know why the various police departments do not bring this charge (contributing to the delinquency of a minor) more often," Jeremiah wrote.

Jeremiah also endorsed a reader's suggestion that he address the teen drinking problem by setting up a "moderated town meeting," involving the governor, head of the Rhode Island State Police, speaker of the Rhode Island General Assembly and the head of the Rhode Island Chiefs of Police Association.

In response to a question about lowering the drinking age to 18, he wrote, "I think they should raise the drinking age to forty."

Here's a transcript of the chat:

Edward Fitzpatrick: Judge, thank you for joining us. Let me begin by asking what prompted you to say that parents in Barrington are not taking responsibility for the underage drinking that has been linked to several deaths in that town?

Judge Jeremiah: I think I should qualify that statement by saying that it is a small minority of parents that are not taking responsibility for their children. I made the statement because recently I have had about 16 children from Barrington who appeared before me on alcohol related offenses and when I discussed the seriousness of the offense with the child and the parent, the parent related to me that it was not a problem. On one case a parent began being very argumentative with me or did not show respect for the court.

NancyD: 1. Penalties for alcohol-related offenses for minors seem to be at the whim of the judges. They are often minimal and do not act as a deterrent. How can the penalties be more consistent? 2. Adults need to be held more liable for providing alcohol to minors. From the mis-informed parent at a graduation party providing beer for her daughter's friends as long as she has taken away the car keys to the 21-year-old-fraternity brother at a fraternity party who provides alcohol for his "brothers" who are 18 and 19. The relatively new procurement law was meant to do just that, but we are seeing "loopholes" that let offenders slip through the cracks. How can the law be amended to be more effective in penalizing those that provide alcohol to minors in a private home both inside and in the backyard? 3. The state of RI currently does not have enough staff at the Department of Businsess Regulations to check up on bars and restaurants to determine if they are following the Responsible Beverage Training Regulations. Ensuring that alcohol is sold responsibly is key to youth access to alcohol.
How can this be better regulated? 4. Underage drinking is as much an adult problem as it is an underage problem. What else can community members do to help prevent underage drinking?

Judge Jeremiah: Fortunately, each case of a juvenile who has an alcohol offense is treated differently than the other because we must look at the child and the family to see what related problems may exist, remembering that the Family Court is a rehabilitatvie court and our aim is to make a good citizen out of the child. 2. I am sure the legislature is aware of the loopholes and will try to correct them in the next session. You are right, adults need to take more responsibility. Sometimes, I wish that I could punish the parent instead of the child for their lack of responsibility.

ironmichael: Teenagers have always experimented with underage drinking. In some cases the parents are definitely to blame. But how can you single out the parents and not address some of the other sources?

Judge Jeremiah: In answer to your question, the Family Court is limited in its jurisdiction. You are right. The person who runs the package store, who makes the fake ID, who sells to minors, should be held accountable, but unfortunately, they do not fall under our jurisdiction.

cc: Does the Rhode Island Judiciary have any plans to institute a proactive education plan as it relates to the existing laws violating said laws and the penalties, for both children and parents.

Judge Jeremiah: What we hope to do in the Family Court is to establish a specialized court calendar to handle teenage drinking. This calendar will not only educate the child as to the impact of drinking, but will bring about meetings with a professional to increase the ability of the parent(s) to communicate with the child and understand the problems that child experiences as she/he matures.

Concerned Parent: What can parents do - really do - to help kids?

Judge Jeremiah: Concerned Parent: Parents can just show a lot of love and affection and build up a close relationship with their child. When was the last time you had dinner as a family? When was the last time your child was complimented for doing a good job? when was the last time you said, "I love you" to your child? or were you so busy with your own life that this goes neglected.

Donna: Do you have any suggestions for us citizens for what to do about a parent who knows their child is drinking (and drinking to become inebriated) and does absolutely nothing about it and continues to allow their child access to the automobile thereby putting other people at risk?

Judge Jeremiah: Donna: I would assume that a child under these circumstances is a neglected child under the law. I would suggest that you contact DCYF to report this.

BarringtonResident: Could a the teenager that was before you reasonably question your impartiality given your comments from the bench concerning Barrington parents and children? (Especially given that the use of alcohol has not been established and will undoubtedly be a central issue in the case)

Judge Jeremiah: I don't think you understand me. My whole objective as a judge is to make a child successful in life. I do not enjoy locking any child up at the training school. All I want to do is see these children from Barrington who have all the potential in the world succeed. With that, I'm sure I can be impartial.

dan: My question has to do with college students and drinking. It used to be you were somewhat protected and supported, if you will, on college campuses. Today, at URI, for instance, the university has pushed the kids “down the line” – now the Narragansett police harass them, house to house, pushing them out of the houses and into their cars. Where do they go? Providence – to the clubs – then they drive home after even a few drinks. Hopefully without killing someone or themselves. These policies are NOT saving our children – what do you think we can do – now – today – when we don’t have the luxury of time of changing mindsets – which is a long term goal?????

Judge Jeremiah: It is unfortuante the court does not have jurisdicition over the age of eighteen. The answer to this question is with the family. Meaning, if you have a good relationship with your child and can discuss alcohol related issues, the child may act in an appropriate manner as he/she grows up.

Ali: Would raising the driving age to 18 help with this problem??

Judge Jeremiah: No

Sandy: Your honor, as a resident of Barrington and a parent of 4 teens, I am somewhat surprised at your public portrayal of the residents of this town. Everyone I know are just hard-working good people. It is expected that uneducated, ignorant people would make a generalization such as this, but quite shocking that someone such as yourself would do so. My question to you is, how do you think this epidemic of underage drinking and mis-guided parental attitudes will be helped by making this a Barrington problem? Do you think quite possibly that you could use your position a bit more constructively to combat this problem?

Judge Jeremiah: It's obvious the recent article in the Projo that your did not read the second page. What I said was that it is a problem throughout the state and it effects only a small amount of parents in barrington. Read the paper again.

bookworm: Judge, do you have any remedies available to you in juvenile law where you can punish parents when they are clearly part of the problem?

Judge Jeremiah: bookworm: The parent may be charged with contributing to the delinquency of a minor. I don't know why the various police departments do not bring this charge more often.

Andrea (Panciera, projo.com editor): Judge Jeremiah just referred to a Journal report on his remarks during a hearing stemming from the recent death of a Barrington teen in an accident linked to alcohol. You may read the full story here.
It also includes a transcript of the judge's remarks that day, which you may go to directly here.

Jim: Has the teen drinking problem become worse over the years, or are kids pretty much taking the same risks now as they did when you first joined the bench? And do you feel it's a bigger problem in Barrington than elsewhere in the state?

Judge Jeremiah: Jim: I think the problem is the same, except police departments are more diligent. I don't think the problem is any greater in Barrington than anywhere else. The police department in Barrington is very diligent.

NancyD: So, what else can be done to hold adults responsible for underage drinking?

Judge Jeremiah: This is a good question, that I find very difficult to answer. For adults who do not take on the responsibility for raising a family are very hard to work with. Other than charging the parents with neglect or contributing to the delinquency of a minor, there is not much that can be done.

Eileen: Can you (family court) develop family programs that encompass both the child (offender) and the parents to raise awareness

Judge Jeremiah: Yes. We have already developed several program for this purpose. We have a specialized juvenile drug court where youngsters with drug/ alchol problems are referred for intense supervision and testing. The recidivism rate for this court is under 3%. We have a specialized program for children who have alcohol problems called YDD (youthful drunk driving) where children have a fifteen hour education course which includes spending 4 to 5 hours on a Saturday night at the emeregency room at RI Hospital to see what happens to victims of alcohol related accidents. There is another program where children are taken to the ACI and addressed by a former CEO who is incarcerated for driving under the influence death resulting. We have other programs that are too lengthy to describe. Please see the family Court's website.

Debbie: Judge: In all due respect, your answer about showing love and affection, etc, is a good one but it does not address what parents who are doing all of these things should be doing differently to help prevent their kids from abusing alcohol. A lot of kids who get into this type of trouble are from very good strong family units.

Judge Jeremiah: Debbie: You are right, I always say that you can be the best parent in the world, but have the worst child or the worst parent in the world but have the best child. I think the answer the question is that the values that we have now in society when we question the amount of salary of a teacher who is very important in the life of a child but will pay someone $5 million dollars who has a batting average of .230.

4Browns: Has it been determined where these kids are getting the alcohol from? It seems to me that the justice system need to hit the suppliers hard. We are the smallest state in the counrty, and we should have the toughest laws in the land. Others would see that our programs work and follow us.

Judge Jeremiah: 4Browns: In many cases, the alcohol is coming from the home or from liqour dealers who are more concerned with making a dollar than checking ID's.

bookworm: judge: any chance you could set up a moderated town meeting with you, the Governor, the State Police Commander, the House speaker, and the head of the Police Chief's Association?

Judge Jeremiah: bookworm: I have talked to several of my judges and it has been suggested that this is a good idea. It may happen in the future.

Norma: How can the schools help more? I taught high school for 30 years and have lost many promising young people to addiction. We offer programs and give advice, we talk to parents, on and on. What else is there? Is opening "drop-in centers"
an option - like the centers from the 70's? Are there grants available to begin programs to help with getting the message to students and parents?

Judge Jeremiah: Norma: I have great respect for teachers. They do a wonderful job of educating children. I don't know what else I could do. We have tried opening drop-in centers, but the children do not come because it is too childish for them.

Andrea: We've been talking just about alcohol abuse today. Judge, are you also routinely seeing other kinds of substance abuse? IF so, what kind? And is drinking the the most common substance being abused by teens?

Judge Jeremiah: Andrea: In my many yearts on the bench, I have had many wonderful children appear before me. Everyone of them has stated that they could get drugs and alcohol in the school they were in. I think smoking pot is just as prominent as drinking alcohol.

cc: How much of this problem of fatalites relate not only to drinking but risk taking reckless driving and,speeding on our roadways.

Judge Jeremiah: cc: They are all interelated. A person who has had a few drinks usually has a feeling of power and therefore will drink faster and more recklessly.

mjendza: What happens to the other kids in the car such as last week when the fatality occured. The other kids were just as responsible as far as drinking, purchasing and the decision to drive.

Judge Jeremiah: mjendza: Several years ago, I heard a case where a child was killed sitting in the rear seat of a jeep, where all the passengers and the driver had consumed a large amount of alcohol. I said to the father of the deceased child, "it is quite possible that had your child not been under the influence, it is possible that your child would not have been a passenger."

However, the authorities only looked to the driver and are not concerned with the other passengers.

bc: Judge Jeremiah, my son is the oddball out at URI because he DOESN'T drink! This is in the dorm rooms! He has to leave the room.....the room that we are paying for! They are drinking and doing drugs and he is there to become a teacher....he wants to learn they drink all night long!!!!!!!!!! He can't even study in his room! They are all underage.
My son finally said NO BOOZE NO DRUGS when I'm in the room.

Judge Jeremiah: bc: You should be very proud of your son. I am sure he will be very successful. I think this behavior by the other students should not be tolerated and should be made public. Maybe a call to Ed Fitzpatrick at the Journal, a reporter who is very concerned with this problem, would bring this problem to the attention it should.

Peter: What do you think about calls to lower the drinking age to 18?

Judge Jeremiah: Peter: I think they should raise the drinking age to forty.

Hope: I'm sorry Judge by why is my question not being answered? WHY ARE THE PARENTS NOT BEING HELD RESPONSIBE. Your arrest as theyshould be the liqour store owners but not the parents.

Judge Jeremiah: Hope: The parents can be held responsible, but it is up to law enforcement to charge them.

NancyD: Will communities have the option to send youth to your new teenage drinking court or handle it themselves at their respective juvenile hearing boards?

Judge Jeremiah: They will have the option. The only problem I have, althought the hearing borads do an excellent job, they do not report alcohol related arrests of juveniles to anyone. A youngster can be arrested in Newport, and again in Westerly, and Westerly would be unaware of the prior charge. We hope to correct this in the next legislative session.

Posted by Jack Perry at 3:02 PM | Comment

R.I. fishermen, researchers net big prize / Photo

Journal photo/Bob Breidenbach
Researchers in winter 2005 prepare for their second trip to test "The Eliminator," a fishing net designed to catch haddock while avoiding catching other fish. From left are Rufus Ayers and Ray Carr, both fishermen on the Sea Breeze; Phil Ruhle Jr., captain of Sea Breeze, and URI's David Beutel.

Three types of fish -- cod, flounder and haddock -- live together, swim together, eat together and are often caught together in commercial fishing trawlers.

Cod and flounder are heavily restricted by federal fisheries regulations, and fishermen often have to throw thousands of pounds back into the ocean – where they will likely die – because they were caught alongside haddock. And so fishermen often had to stop short of reaching their haddock quota.

But a team of researchers in Rhode Island have designed a net that effectively eliminates that problem. And today they were awarded the grand prize in the World Wildlife’s International Smart Gear Competition -- $30,000 -- for their efforts.

University of Rhode Island Fisheries Center researchers Laura Skrobe and David Beutel worked with fishermen Jon Knight, Phil Ruhle Sr., Phil Ruhle Jr., and Jim O’Grady on a net called “The Eliminator,” which takes advantage of haddock’s tendency to swim up when faced with a net, when other fish swim down.

The group received the reward today in Washington. “We’re excited to be receiving this award," Buetel said in a statement, "and look forward to continuing to research effective ways of reducing bycatch in fishing.”

The International Smart Gear competition was created to encourage engineers and fishermen to develop technologies that would reduce bycatch, according to Ginette Hemley, the senior vice president of the WWF.

“Bycatch is a critical environmental and economic problem,” she said. “These inventions have shown to be effective solutions in our efforts to make fishing ‘smarter’ and we’re pleased to honor their creators today.”

Click below to learn how the net discriminates between cod, haddock and flounder.

-- projo.com staff writer Brandie M. Jefferson

The design, which beat out more than 70 contenders from 22 countries, is more than seven years in the making.

In 1999, Knight, who has fishing and engineering degrees from URI, began work on a net to help O’Grady and the Rhules catch squid. It was designed with mesh larger than traditional trawler nets and did well with squid. But the fishermen also noticed that there were no cod or flounder showing up as bycatch.

Beutel and Skrobe placed an ad in trade publications and newspapers looking for help designing a selective net. Knight, O’Grady and the Rhules answered.

The group put their heads together and used a lot of math and fishing trips to perfect the design: large, 8-foot mesh on the bottom of the net that cod and flounder can easily slip through, and smaller, 6-inch mesh on top and in the back to catch the haddock.

“The collaborative design and development of the Eliminator trawl is a great example of industry and scientists working together with managers,” Beutel said, “to develop innovative solutions to reduce or eliminate bycatch.”

Posted by Brandie Jefferson at 2:59 PM | Comment

Chat Update: Family Court judge on teens and drinking

PROVIDENCE -- Family Court Chief Judge Jeremiah S. Jeremiah Jr., who recently lambasted parents over problems related to teen drinking, answered many of your questions this afternoon during a chat on projo.com.

The chat room, at: http://projo.com/chat, has now closed. Projo.com will post a transcript of chat shortly.

Family Court’s top judge said last week it’s “an utter shame” that parents in Barrington “don’t take responsibility” for the underage drinking linked to the deaths of four local teens in the last couple of years.

Jeremiah made the comment during a hearing in which a 16-year-old Barrington boy was accused of drinking six beers and driving more than twice the speed limit before slamming a car into a tree, killing one of his passengers, 16-year-old Jon Converse.

Extra: Read a transcript of Jeremiah's comments from the hearing.

Posted by Andrea Panciera at 2:00 PM | Comment

Update: Body found near Point Judith after search

NARRAGANSETT -- Authorities have found a body in Narragansett Bay after a Point Judith ferry terminal worker alerted the Coast Guard this morning that an 85-year-old man who regularly walked the area might have fallen in the water last night.

A walker and a green Ford Taurus were both found near the site. They are believed to belong to the missing man -- known to some witnesses only as "Bob."

The body that was pulled out of the water at about 1:10 this afternoon has not been officially identified.

The state Department of Environmental Management's law enforcement officers are investigating at the scene.

-- With reports from Journal staff writer Katie Mulvaney

Posted by Brandie Jefferson at 1:51 PM | Comment

Five arrested in investigation of Johnston drug operation

Five men have been arrested following an investigation of an alleged illegal prescription drug operation run out of a Johnston social club.

The police seized more than 400 prescription drugs -- painkillers such as Percocet and Vicodin -- and marijuana that was allegedly being sold to customers within the club, a State Police news release said today. At 1:30 p.m. yesterday, the release said, State and Johnston police used a search warrant at the social club at 1357 Plainfield St.

Louis Romanelli, 80, of 12 Victoria Street, Providence, was charged with two counts of possession of Schedule II controlled substance with intent to deliver, possession of Schedule III controlled substance with intent to deliver, possession of Schedule IV controlled substance with intent to deliver and possession of marijuana. The prescription drugs that were seized were Vicodin, Percocet, Suboxone and Xanax.

Detectives said they seized $1,172 in cash from Romanelli.

Richard G. Mangiante, 39, of 12 Rialto St., Providence,was charged with possession of Schedule IV controlled substance after detectives said they found him in possession of Xanax pills.

Michael E. Chiello, 29, of 363 Simmonsville Ave., Apt. 1305, Johnston, was charged with possession of Schedule II controlled substance after detectives said they found him in possession of Percocet pills.

Earlier yesterday, State Police arrested two men who they said went into the social club then left it a short a time later. Detectives were doing surveillance of the social club,

Michael R. Correra, 58, of 108 Skunk Hill Road, Hope Valley, was Correra with possession of Schedule II controlled substance with intent to deliver and possession of Schedule IV controlled substance with intent to deliver. Police said they seized more than 150 Percocet and Xanax pills.

George Broderick, 52, of 2 Layton St., North Providence was charged with possession of Schedule II controlled substance after detectives said they seized six Percocet pills, one Vicodin pill, a mirror, a razor blade, and a straw from Broderick.

-- projo.com staff writer Michael P. McKinney

The arrests followed a a three-week investigation by Detective Timothy Allen and State Police Intelligence Unit members. Allen had received information that Louis Romanelli was running an alleged illegal prescription drug distribution operation from the social hall.

This morning Correra was arraigned in District Court, Providence, where bail was set at $10,000 with surety, the news release said. Romanelli was arraigned in District Court, Providence, with bail set at $20,000 with surety.

The other three men were released on $1,000 personal recognizance, the release said.

Posted by Mike McKinney at 1:28 PM | Comment

Memorial/vigil tonight for former Cumberland student, 19

CUMBERLAND -- A former Cumberland High School student who died in a car accident in Fort Meyers, Fla., on Sunday, will be remembered at a memorial service and candlelight vigil at Tucker Field, located across from the high school, this evening from 5 to 8 p.m.

Kelly Nascimento, 19, was a passenger in a 2005 Ford Explorer that was struck by another vehicle at Arrow Road at about 3:40 a.m., according to police.

Nascimento was pulled from the vehicle by the driver and a witness to the crash. Robinson was transported to Gulf Coast Hospital with possible injuries. The driver was not injured in the crash.

Nascimento was born in Pawtucket and attended North Cumberland Middle School and Cumberland High until her sophomore year, when her family moved to Cape Coral, Fla.

She leaves her parents Nelson Nascimento, of Cape Coral, and Fatima Moon, of Cape Coral, her sister Michelle Nascimento, 21, of Ft. Myers, Fla. as well as her grandparents, nine aunts, eight uncles, and 23 cousins, all of whom reside in Rhode Island, according to her obituary and family friends.

Funeral services were held in Cape Coral yesterday and Nascimento was cremated today.

-- Journal staff writer Philip Marcelo

Posted by Mike McKinney at 1:09 PM | Comment

Bill signing to salute National Guard members

Governor Carcieri will ceremonially sign a bill tomorrow letting the state adjutant general award the Rhode Island Defense Service medal to National Guard members who have served since the Sept. 11, 2001, terrorist attacks.

Previously, the medals, created in 1992, could only go to those who served for a period before that date.

The signing will be at 1 p.m. at the National Guard headquarters, 675 New London Ave., Cranston.

Five National Guard members will receive their medals at the ceremony: Kip Averett from Cranston, Nancy Sherman from South Kingstown, Matthew J. Lavoie from West Warwick, Tenneh Blamo from Providence, and Amanda Thompson from Pawtucket.

Posted by Mike McKinney at 12:56 PM | Comment

Warwick truck driver to be honored risking his life

A truck driver from Warwick will be honored this afternoon as a hero -- for risking his safety to help others at a multi-car crash on Route 95 in eastern Connecticut on Nov. 2.

James V. O’Connell, 44, will be honored at 3:30 p.m. at The Hudson Companies operations center, 30 Shipyard St., Providence. O'Connell words for The Hudson Companies, which will award him a certificate, according to a news release. He will also be recognized by state and federal officials.

Also scheduled to attend are company officials and representatives from the Connecticut Professional Firefighters Association, Sen. Jack Reed’s office, Sen. Sheldon Whitehouse’s office, Rep. James Langevin’s office, and Governor Carcieri’s office.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 12:55 PM | Comment

Photo: Saluting Providence firefighters

Journal photo / Bill Murphy
Deputy Assistant Chief Manuel Costa, of the Providence Fire Department, salutes the flag during the singing of the National Anthem during a promotion ceremony at the Providence Public Safety Complex this morning. Costa and eight other firefighters were promoted.

Posted by Jack Perry at 12:45 PM | Comment

Six to be inducted into R.I. Aviation Hall of Fame

The Rhode Island native who designed and built the first aluminum propeller used in the country will be recognized tomorrow for his accomplishments in the field of aviation.

Victor Pagé, Classical High School class of 1904, also may have designed and built the first airplane to fly in the state. He’ll be inducted tomorrow into the Rhode Island Aviation Hall of Fame at a ceremony at the Varnum Armory in East Greenwich.

Three of the six inductees are still living:

Retired Air Force Maj. Gen. Philip Conley, a West Warwick native, earned accolades for flying with the Mosquitoes forward air controller unit in Korea, and supervised the development of every major aircraft now flown, including the B-1 bomber.

East Providence native and 1949 graduate of St. Raphael High School in Pawtucket, retired Commander Edward Cunningham had a career that included more than 20,000 flight hours, spanning propeller planes to jet bombers to airliners. He flew many highly classified electronic intelligence missions, where he shadowed and photographed Soviet missiles.

And an Army Air Corpsman who took part in an intense air battle that was documented for an episode of the History Channel’s “Dogfights” television show will round out the living inductees. Lt. George Sutcliffe, US Army, was born in North Providence and graduated from Mt. Pleasant High School in 1940. The Greenville resident is still involved in the insurance business he started after graduating from Bryant College.

For more information, call 401-831-8696.

Click below to read about the additional inductees, who are receiving the recognition posthumously.

Army Air Corps Sgt. Omar Duquette is a Warwick native who joined the Army in 1938. He served as a gunner and mechanic in a five-man crew with the 37th Bomb Squadron. As one of 80 men who volunteered to launch a bomb attack on Tokyo in 1942 known as the Doolittle Raid, Duquette had to bail out on his plane. He survived that mission, but died on another bombing mission six weeks later.

Lastly, Providence native Major Melvin Kimball was a WWII P-40 who graduated from Hope High School in 1935 and University of New Hampshire in 1939. Kimball was one of the pilots sent to attack a Japanese air base in Thailand after Japan attacked a Royal Air Force station in Burma. He earned a Silver Star, Distinguished Flying Cross, Purple Heart and several medals for gallantry. He was also involved in a rescue mission featured in True Comics. Kimball died in East Providence in 2004.

The Hall of Fame will also recognize the men and women of the 1st battalion, 126th Aviation Regiment of the R.I. Army National Guard.

Nationwide in 2005, they were named Outstanding Army National Guard Aviation Unit of the year after flying more than 1,900 mission in Iraq for that year.

Posted by Brandie Jefferson at 10:29 AM | Comment

Providence firefighters to be promoted

Nine firefighters are set to receive promotions to deputy assistant chief, fire lieutenant, dispatcher lieutenant and rescue lieutenant this morning at the Providence Public Safety Complex.

Among the firefighters set to receive promotions are three women.

Mayor David N. Cicilline and Fire Chief George Farrell will give the oath of office at the Providence Public Safety Complex this morning at 10.

Posted by Brandie Jefferson at 9:57 AM | Comment

Fisherman who died off Matunuck is from Mass.

SOUTH KINGSTOWN — A man who was found dead yesterday at Deep Hole, off Matunuck Beach Road, has been identified as Paul V. Martin of Longmeadow, Mass.

The police found his body about 30 yards from the shore last night, less than an hour after a witness reported seeing him fall into the water.

Martin had waders on and was fishing when someone saw him fall into the water, according to Lt. Commander Chris Cederholm, of the Coast Guard, sector southeastern New England. Cederholm said waders often fill with water and can become heavy and dangerous if a person is not wearing a life jacket.

The person who saw Martin fall into the water ran to a nearby house, where the resident called the police at about 6:38 p.m. The Coast Guard sent two boats and a helicopter from Air Station Cape Cod, as well as a government vehicle, Cederholm said.

The South Kingstown Fire Department found Martin’s body offshore at about 7:30 p.m., Cederholm said. He was given CPR and taken to South County Hospital, where he was pronounced dead at 8 p.m.

Posted by Brandie Jefferson at 9:39 AM | Comment

Great Pumpkin to become Great Jack-O-Lantern

AP Photo
Joe Jutras prepares to wrap his pumpkin to be fitted into a gathering strap during the annual New England Giant Pumpkin Weigh-Off at the Topsfield Fair last night.

The world's biggest pumpkin, grown here in Rhode Island, has a date with destiny tomorrow.

At Twin River in Lincoln, the 1,689-pound pumpkin grown by Joe Jutras of Scituate will be carved by pumpkin-carving master Scott Culley of Oregon. Carving starts at 8 a.m. and is expected to take the weekend to finish.

Jutras has been growing giant pumpkins for 11 years and set the new record this year by 187 pounds, beating last year's record by Ron Wallace of Coventry.

Posted by Mike McKinney at 9:08 AM | Comment

State workers to get layoff notices today

The state today will tell 157 state workers that their jobs are being eliminated, and another 379 will be notified that their jobs have been targeted for future elimination through “consolidations,” Governor Carcieri said yesterday.

With the state facing a deficit as high as $450 million next year, the layoffs are part of the governor's cost-cutting plan, which includes the elimination of 1,000 state jobs by June 30, 2008.

Still, nobody will be out of a job today.

Labor contracts allow senior employees to “bump” to another equal or lesser position. While it varies by contract, three bumps are generally allowed. Even some non-union employees are allowed one bump, according to the governor’s chief of staff Brian Stern.

Earlier this month, Carcieri announced plans to eliminate 136 temporary workers.

Read today's story.

Posted by Jack Perry at 8:50 AM | Comment

Meet Providence school board members tonight

Residents tonight can meet the 13 candidates who are vying for three spots on the Providence School Board.

Two of the three members whose terms are set to expire in January -- the board’s current president, Mary McClure, and board member Ronnie Young -- are reapplying for their positions.

Umberto Crenca is not seeking another term.

Pich Chhouen, Rebecca Pazienza, Grace Brown, Ines Merchan, Damien Bandino, Eboney Brown, Victoria Richter, Brian Lalli, Maurice Methot, Christine Wilford and Philip Gould are also seeking positions on the board.

Attendees can write down questions for the applicants which will be read aloud at the end of the forum, which begins at 6 p.m. at the Providence Public Safety Complex.

The event will be moderated by a representative from Rhode Island Kids Count.

A four-member nominating commission will recommend finalists to Mayor David Cicilline. He will appoint them and refer them to City Council.

The new members will be sworn into office in January.

-- With Journal archive reports

Posted by Brandie Jefferson at 8:28 AM | Comment

Wind and rain on the way

The good news: it's already close to 60 degrees. The not-so-good news: heavy rain and high winds are on the way.

The National Weather Service is forecasting a high temperature in the mid 60s and rain picking up this morning, getting heavy later this afternoon. Winds should increase to 30 mph with gusts as high as 46 mph.

Steady rain should continue into the night when the temperature drops to about 40 degrees. Winds should calm a little, but gusts could still reach nearly 30 mph.

Rain may pick up again tomorrow morning with cloudy skies and a high temperature of just 46 degrees -- nearly 20 degrees lower than today. Winds are expected to come from the west at 15 to 25 mph with gusts up to 31 mph.

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

Posted by Brandie Jefferson at 7:01 AM | Comment

Today's front page

Today's front page features a story about the arrest of Rhode Island dive shop owner David Swain for the murder of his wife, Shelley Tyre, a death that was initially ruled a diving accident.

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

Posted by Jack Perry at 7:00 AM | Comment