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June 17, 2008

Tonight: Celtics aim for NBA title in Game 6

Game Six of the NBA finals between the Celtics-Lakers starts tonight at 9, back in Boston.

The Celts have a chance to become the champions on home court with a win tonight, as they enter the game leading the series, 3-2.

So far, the Lakers haven't been able to put any dents in the Celtics when the games are played in Boston.

The Celtics couldn't seal the deal in Game 5 in Los Angeles, though the team managed to pick up one victory while on its opponent's court.

Check out projo.com for updates as the game unfolds, and come back tomorrow morning for a full post-game report.

Posted by Mike McKinney at 7:05 PM | Comment

Entwistle gave different accounts of reporting slayings

WOBURN, Mass. -- Two friends of a British man accused of killing his wife and baby daughter have testified that he gave them different accounts of his actions after the slayings than what he told police.

Neil Entwistle is accused in the January 2006 fatal shootings of his 27-year-old wife, Rachel, and their 9-month-old daughter, Lillian Rose.

One of Entwistle's friends from London testified today that Entwistle told him he went to his wife's parents' home to grieve with them after discovering the bodies and then called police.

Another friend said Entwistle told him he called police from his mother-in-law's office to tell them he had found the bodies.

Prosecutors say Entwistle flew home to England the day after the killings without ever calling police. He told police he was so distraught after discovering the bodies that he went to England to be consoled by his parents.

-- The Associated Press

Posted by Mike McKinney at 6:38 PM | Comment

Plea deal for W. Warwick man in child-molestation case

WEST WARWICK -- A local man initially indicted on 26 counts of child molestation and sexual assault pleaded no contest to five of the charges as part of a plea deal and sentencing in Kent County Superior Court today.

Richard R. Reynolds, 44, of 49A Cowesett Ave., entered the plea to three counts of first-degree child molestation, one count of second-degree child molestation and one count of second-degree sexual assault stemming from a series of incidents as far back as 2004. The remaining counts were dismissed as part of the deal.

In exchange, he was sentenced to 40 years at the Adult Correctional Institutions, in Cranston, with 8 years to serve and 32 years of the sentence suspended. He will remain on probation for 32 years after his release and be required to register as a sex offender.

According to Det. Sgt. Mark Bennett of the West Warwick police, Reynolds was friends with family members of the five girls he assaulted.

Reynolds’ case went to trial last month, but the proceedings ended in a mistrial. He was released on bail after the trial ended. A week later, Bennett said, he violated the terms of his bail and turned himself into police on an active warrant. He had been held without bail since May 30.

-- Journal staff writer Talia Buford

Posted by Mike McKinney at 6:31 PM | Comment

Update: Kidnap suspect arraigned on rape charges

riz_kentcourt.jpg
Journal photo / Gretchen Ertl
Marco Riz, center, appears in Kent County District Court today, for charges stemming from alleged kidnapping in Warwick.

WARWICK -- In his second court appearance in two days, the man accused of carjacking, kidnapping and raping a woman had little to say.

Marco Riz was quiet, mumbling, with his eyes pointing toward the floor.

The police allege Riz, 26, carjacked a woman June 8 as she sat in the passenger seat of an idling vehicle, waiting for her mother in the parking lot of a Warwick grocery store.

Riz entered the vehicle, according to the police, robbed the woman and then drove her to Roger Williams Park in Providence, where he allegedly raped her.

Yesterday Riz faced a District Court judge in Providence, where he was arraigned on two charges of first-degree sexual assault. He was ordered held at the Adult Correctional Institutions without bail.

In Kent County District Court today, Riz, through his public defender, waived his right to have the complaint against him read aloud. Here, he faces charges of kidnapping, carjacking, assault with a dangerous weapon and first-degree robbery. Those crimes allegedly took place in Warwick, where the Stop & Shop is located.

Riz was again ordered held without bail, this time by District Court Judge Elaine Bucci, who also issued a no-contact order on the alleged victim's behalf.

Before his arraignment in Providence yesterday, Riz was pushed and kicked by two men who were in custody with him at the ACI Intake Center, according to a state Department of Corrections spokeswoman.

-- projo.com staff writer Brandie M. Jefferson

Two inmates also awaiting court appearances pushed and kicked him, according to spokeswoman Tracey Poole, in an incident captured on video. Riz did not require any outside medical treatment, Poole said.

The department will now evaluate whether Riz needs protective custody. “That’s something that we don’t do unless we really have to,” Poole said.

The ACI would not release the names of the two inmates today. However, it said, they are facing departmental infractions, not criminal charges as originally described. They are being held in "punitive segregation" from other inmates. There will also be an internal investigation.

Today, as Riz stood flanked by two armed officers, an interpreter and his public defender, Associate Justice Elaine Bucci also issued a no-contact order on behalf of the alleged victim.

Bucci told Riz that under no circumstances could he contact her.

"Not by telephone, not by mail, not directly nor indirectly through third parties," she said.

If he were to violate the terms of the order, she said, speaking to Riz's interpreter, "he'll be in a lot more trouble than he's already in."

Riz's next scheduled court date is June 30, when the charges from Providence and Warwick will be consolidated.

According to Michael Gilhooly, spokesman for the U.S. Immigration and Customs Enforcement, Riz is in the country illegally from Guatemala and had been ordered removed from the United States in July 2006.

Riz disappeared after the order and members of the ICE fugitive unit in Rhode Island were actively seeking him, Gilhooly said, when they received the call about the alleged crime.

Gilhooly said that members of his office were involved in Riz’s arrest last week. If Riz is released from state custody for any reason, he will be immediately transferred to ICE custody to face the immigration charges.

Posted by Jack Perry at 6:00 PM | Comment

Weather alert: Thunderstorms on the way again

Another line of thunderstorms is heading toward parts of our area, the National Weather Service warns, just in time for the evening commute.

Here are the latest advisories:

...Strong thunderstorm developing in central Rhode Island...

At 450 PM EDT...National Weather Service Doppler radar indicated a strong thunderstorm with the potential to produce small hail 9 miles west of Cranston...or about 12 miles west of Warwick...moving east at 26 mph.

The thunderstorm will be near...
Cranston and Johnston by 510 PM EDT...
East Providence and Seekonk by 520 PM EDT...
Rehoboth by 530 PM EDT.

...Strong thunderstorm developing near Scituate Reservoir...

At 440 PM EDT...National Weather Service Doppler radar indicated a
strong thunderstorm with the potential to produce small hail near
Scituate...or about 13 miles west of Providence...moving northeast
at 28 mph.

The thunderstorm will be near...
North Providence and Smithfield by 500 PM EDT...
Lincoln and Central Falls by 510 PM EDT...
North Attleborough and attleborough by 520 PM EDT...
Plainville by 530 PM EDT.

For your safety...get inside when this storm approaches. Heavy rain
may cause minor street flooding as well as ponding of water in poor
drainage areas.


Posted by Andrea Panciera at 4:56 PM | Comment

Bacteria count closes Somerset beach to swimming

SOMERSET, Mass. -- The town beach is closed to swimming at least until Thursday after tests today revealed a high bacteria count, caused by overnight rains.

"Normally after a heavy rain, it gets closed" and that part of the state had strong rains and thunderstorms overnight, Recreation Director Frank W. Dorsey said. The pollution usually comes from fertilizer runoff from Dighton farms further up the Taunton River.

Pierce Beach itself and the playground will still be open.

"You can sunbathe, you just cannot go in the water," Playground and Recreation Commission Chairman Richard Silvia said.

Six Rhode Island beaches were closed to swimming today as well.

-- Journal staff writer C. Eugene Emery Jr.

Posted by Mike McKinney at 4:50 PM | Comment

DEM gives nod to N. Smithfield shopping complex plan

NORTH SMITHFIELD -- State environmental regulators have signed off on the proposed Dowling Village shopping complex project on Route 146A, issuing permits for the remaining three phases of the 133-acre development, state officials said today.

Though the development still must be reviewed and approved by the town’s Planning Board, lawyer K. Joseph Shekarchi, representing the project’s builder, Bucci Development Inc., said the Department of Environmental Management approval should remove concerns about the project’s impact on the surrounding environment.

“This was a big one,” Shekarchi said.

Bucci wants to build, in multiple phases, nearly 600,000 square feet of retail space on approximately 133 acres on the east side of Eddie Dowling Highway, Route 146A near the Woonsocket city line, starting roughly at the Rehabilitation Hospital of Rhode Island and running south to just before the Route 146 split.

The buildings will range in size from 11,000-square-feet to 120,000-square-feet big-box retailers. Plans include three restaurants, a three-story office building and 76 townhouses.

Bucci Development has estimated that tax revenues from the businesses in the complex could generate at much as $1.5 million a year in tax payments to the town.

-- Journal staff writer John Hill

Town Administrator Robert B. Lowe said he was pleased at the announcement.

“DEM was very thorough in what they did,” Lowe said. “The timing is fortunate because we could use the tax dollars to offset things.”

But at what price, critics of the project have said.

“Say goodbye to the quality of life that North Smithfield has enjoyed,” Town Council member and former town planner Paul Zwolenski said.

He said the increase in economic activity would also bring increased demand for municipal services, and that traffic to and from the complex would spill onto residential side streets

“This is going to cost the town of North Smithfield through police, fire and emergency medical technicians, regardless of the taxes they have promised to town,” Zwolenski said. “The quality of life will change dramatically.”

Posted by Mike McKinney at 4:47 PM | Comment

Providence's 6th homicide of 2008: Stabbing victim dies

PROVIDENCE -- A 36-year-old Providence man who was stabbed Sunday morning became the city's sixth homicide of the year this morning, the Providence police said.

Jukumu Felder, of 3 Whelan Rd., who was stabbed in the chest and had been in critical condition, died of the injuries this morning.

The police went to Rhode Island Hospital to assist hospital security with a stabbing victim at about 2:50 a.m. Sunday, according to a police news release.

The police learned Felder has been taken immediately into the operating room with a "serious stab wound," the police said, after an incident in which he was stabbed "during a disturbance" that happened near Saki's Pizzeria at Clemence and Weybosset streets.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 4:37 PM | Comment

High bacteria counts close six beaches today in R.I.

Citing high bacteria counts, the state Department of Health today closed to swimming City Park, Conimicut Point and Oakland beaches in Warwick, the Atlantic Beach Club in Middletown, Barrington Town Beach, and Warren Town Beach.

Still closed today is Camp Grosvenor in North Kingstown.

For updates on beach status, go to www.health.ri.gov or for recorded information, call (401) 222-2751.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 4:26 PM | Comment

Health Dept: R.I. tops for flu vaccination in older adults

Rhode Island commanded the nation's highest rate of influenza vaccination among people age 65 and older, the state Department of Health announced today.

The department issued a news release stating Rhode Island’s 2007 rate was 80 percent -- up 5 percent from the prior year -- according to federal Centers for Disease Control and Prevention statistics. The national influenza immunization average was 72 percent.

Dr. David R. Gifford, the state health director, in a statement touted the high rate of adult flu vaccination as attributable, at least in part, "to our innovative adult influenza immunization program, which began in October 2007."

Gifford said the immunization program partners health insurers, health care providers, and the Department of Health.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 4:23 PM | Comment

Carcieri nominates ex-Warwick fire chief as fire marshal

PROVIDENCE -- Governor Carcieri today nominated John E. Chartier, who served as Warwick emergency management director and fire chief from 2001 to 2006, to be the new state fire marshal.

“His long experience as fire chief in the state’s second largest city makes him an ideal candidate for this position," Carcieri said in a statement. "He has been on the front line of enforcing the state’s fire codes throughout his career. That background will help him immensely as he takes on the role of the state’s chief enforcement officer. He will also benefit from his longstanding professional relationships with fire chiefs and EMA officials across Rhode Island."

Carcieri said he hoped the state Senate would approve Chartier’s nomination before month's end.

Chartier,who joined the Warwick Fire Department in 1976, served as assistant chief from 1999 to 2001.

Chartier received an executive fire officer degree from the National Fire Academy in Emmittsburg, Md., in 1998. He has certifications and training from other organizations, including the Emergency Management Institute, the National Fire Academy and the National Emergency Response and Rescue Training Center, according to the governor's office.

-- projo.com staff writer Michael P. McKinney

Posted by Mike McKinney at 4:16 PM | Comment

Carcieri urges elimination of straight-party voting

PROVIDENCE – Surrounded by GOP lawmakers, Governor Carcieri today mounted an eleventh-hour appeal to the General Assembly’s Democratic leaders to eliminate the option of straight-party voting and require that voters produce a photo identification before they are allowed to vote.

At an afternoon press conference, Carcieri said the voter ID requirement would ensure “that voters are who they say they are’’ and elimination of the straight-ticket option would spur more “thoughtful’’ consideration of candidates in Rhode Island, where Democrats hold an overwhelming majority in the General Assembly and all top statewide offices except the governor’s office.

As one of only 17 states that still allow straight-party voting, Carcieri said eliminating this option “will encourage voters to do their homework, consider candidates more carefully, and make informed decisions. Doing away with straight ticket voting would give all candidates a fair chance.’’

In actuality, the bills don’t yet go that far.

They call for a non-binding referendum on eliminating the straight-party voting option, which supporters hope will put pressure on the Democrat-dominated General Assembly to act accordingly. A Voters First Advisory Commission also recommended putting straight-ticket voting to the public in a non-binding referendum.

Both bills have their critics outside the political sphere, however, and with this year’s legislative session nearing an end, possibly as early as Friday, neither has won the support of a legislative committee.

The Rhode Island chapter of the American Civil Liberties Union has led the campaign against voter ID on grounds that “these laws disenfranchise eligible voters, pose a particular burden on poor, elderly, disabled and minority voters, and divert attention from more serious problems facing the voting process -- all in an attempt to "fix" a largely non-existent problem of alleged voter impersonation.’’

-- Katherine Gregg, Journal State House bureau


Carcieri today said in his mind there is “no downside.’’ He said 25 other states already require some form of voter identification, and 17 of those require photo IDs.

But in letters to lawmakers and newspaper opinion pieces, ACLU director Steve Brown took issue with Secretary of State Ralph Mollis’s contention that the identification card he envisioned would be available for free because “the documentation a voter would need to prove one’s identity in the first place in order to obtain the card would not be free.’’

Posted by Andrea Panciera at 4:16 PM | Comment

Weather update: Thunderstorm, hail strike downtown

storm_bakst.jpg
Journal photo / M. Charles Bakst
Sun, rain and hail -- all at once, and all of a sudden. This view, captured at 3:15 p.m., looks north toward Burnside Park in downtown Providence.


A downpour brought heavy rain and some hail as a thunderstorm moved rapidly over Providence a few minutes ago.

This is the latest alert from the National Weather Service, as the storm line heads northeast:


...A Severe Thunderstorm Warning remains in effect until 415 PM EDT for northern Bristol and west central Plymouth counties in southeast Massachusetts...and east central Providence County in Rhode Island...

At 326 PM EDT...National Weather Service Doppler radar continued to indicate a severe thunderstorm capable of producing nickel size hail.

This storm was located from East Providence to Rehoboth...and was moving east at 29 mph.

The severe thunderstorm will be near...
Taunton and Berkley by 345 PM EDT...
Raynham by 350 PM EDT...
Bridgewater and Lakeville by 400 PM EDT...
Middleborough by 405 PM EDT...

Earlier this afternoon, the weather service warned:

For your safety...get inside when this storm approaches. Heavy rain may cause minor street flooding as well as ponding of water in poor drainage areas.

Widely scattered pop up thunderstorms are possible during the afternoon and evening...with the threat expected to end by 7 PM.

Check the latest local observations and forecasts at projo.com/weather

Your turn: Did you get caught in? Share your report in our comments area.

Posted by Andrea Panciera at 3:36 PM | Comment

Democrats file ethics complaint vs. Carcieri over hiring

PROVIDENCE -- State Democratic Party Chairman Bill Lynch said he filed a formal complaint with the state Ethics Commission today about the governor's hiring of his niece-in-law, a former campaign worker, in 2002.

Lynch's move came shortly after the ethics commission refused to give Carcieri an after-the-fact legal approval of the hiring and officials said the governor may have violated the Code of Ethics.

The ethics commission made its decision after a hearing this morning, and by early afternoon, Lynch, who had criticized the governor for the hiring, said he had filed a complaint.

Lynch said the ethics rules exist to keep elected officials from doing exactly what the governor did: "handing out taxpayer-funded positions as a reward for campaign work."

He predicted that the commission will agree with him that Carcieri "violated the spirit if not the letter of the ethics law."

Lynch also questioned the governor's replacing the commission's longtime chairman, James Lynch Sr., with a former unsuccessful Republican legislative candidate, Edward A. Magro, who arrived on the commission just in time for today's meeting on the hiring.

-- Journal staff writer Bruce Landis

The Providence Journal reported in January 2003, that one of Governor-elect Carcieri’s first hires was Stephanie Accaputo, the daughter of his wife’s brother and a worker in the governor's successful campaign in 2002. Accaputo's employment resurfaced as an issue recently when WJAR-TV (Channel 10) reported on it.

Carcieri's legal counsel, Kernan F. King, told the commission today that the hiring was proper under the Code of Ethics as it read at the time, in part because the code didn't include "niece-in-law" among the relatives covered by the code's anti-nepotism provisions.

"What part of 'by marriage' don't you understand?" retorted commission member Ross Cheit.

He was referring to the fact that the code had since 1991 prohibited officials from using their office to benefit relatives, "whether by blood, marriage or adoption," and listed nieces among the relatives covered.

King also argued that the ethics code at the time was so unclear that it didn't give officials fair notice of what they were prohibited from doing.

Commission lawyer Jason Gramitt said that although "the Code of Ethics prohibits taking official action to benefit one's niece," discovering that prohibition at the time could have required reading three sections of the code.

As a result, he said in a memo to the commission, officials "may not have been put on sufficient notice" about the implications to accuse them of violating the code.

But the fact that the governor or his staff might have had trouble understanding the anti-nepotism provisions in 2002 only prompted questions about why, if the administration found the Code of Ethics unclear, it didn't ask the commission for a clarifying legal opinion then.

To now ask for a legal opinion "going back to bail him out on this is not appropriate," Cheit said.

"I'm afraid we're going to end up with a complaint" against the governor, said commission member Richard Kirby.

The commission's new chair, Barbara Binder, came close to inviting a complaint, saying that "It would really help us home in on the issues" by "having other parties" involved in helping clarify the question.

Binder was elected chair of the commission today, replacing James Lynch Sr, whom Carcieri replaced on the board.

Accaputo was hired in late 2002 to work in the governor’s constituent-affairs office at a salary of $37,781 per year, and now makes $52,119 as an "administrative support specialist" in the executive department.

Asked about the hiring by the Journal then, Carcieri's press secretary, Jeff Neal, said that Accaputo had "very clearly earned" the job by providing "glowing service" during 14 months she working Carcieri's election campaign.

The commission urges public officials who worry about possible ethics violations to ask for formal advisory opinions ahead of time. The result may be approval, which shield officials against future prosecution, or a warning. Carcieri was asking approval for hiring his relative after the fact, which the commission wouldn't give.

Posted by Jack Perry at 3:17 PM | Comment

Alert: Narragansetts' sentencing delayed to Thursday

PROVIDENCE -- The sentencing of three Narragansett Indians on misdemeanor charges stemming from a state police raid on a tribal smokeshop has been postponed until Thursday.

The sentencing had been scheduled for 2 p.m. today, after two defense motions for new trials were denied by a Superior Court judge.

The delay was granted to give defense lawyers a chance to look into how particular sentences could affect how tribal leaders can interact with federal agencies.

The three defendants are all considered tribal leaders. They are Chief Sachem Matthew Thomas, and Randy Noka and Hiawatha Brown, who are on the tribal council.

The sentencing has now been scheduled for 9:30 a.m. Thursday.

-- With reports from Journal staff writer Katie Mulvaney and photographer Andrew Dickerman

Posted by Andrea Panciera at 3:12 PM | Comment

Photo: Rollover at East Side intersection

provrollover.jpg
Journal photo / Kathy Borchers
An accident at the intersection of Knowles and Cypress Streets on the East Side of Providence led to the rollover of this Windstar van. Local residents pointed out a missing stop sign on the north side of Knowles Street, and trees shading the stop sign on the south side of Knowles.

Posted by Andrea Panciera at 2:49 PM | Comment

Update: Narragansetts face sentencing; new trials denied

smokeshop0617.JPG
Journal photo / Mary Murphy
From left, Narragansett Chief Sachem Matthew Thomas, Randy Noka and Hiawatha Brown listen to arguments for new trials before Superior Court Judge Susan E. McGuirl this morning.


PROVIDENCE -- Three Narragansett Indians convicted of misdemeanors stemming from the state police raid on a tribal smokeshop face sentencing this afternoon, after a judge dismissed a motion for a new trial that included an assertion that a juror pounded a water bottle like a tom-tom.

Superior Court Judge Susan E. McGuirl today denied the motion alleging juror misconduct after rejecting a previous defense motion contending that the evidence did not support their convictions.

Chief Sachem Matthew Thomas, Randy Noka and Hiawatha Brown are scheduled to be sentenced at 2 p.m. They were convicted in April of either disorderly conduct or simple assault.

Defense lawyer William P. Devereaux's juror-misconduct motion also argued that two jurors had been seen talking apart from the other jurors during deliberations.

And he said that, moments before the jury came into court to render its verdict, one juror pounded a water bottle in a way that resembled a tom-tom.

A prosecutor said she had no idea what a tom-tom-like cadence was. The judge indicated she was not sure. (The Random House dictionary defines it as "a monotonous rhythmical drumbeat or similar sound.")

Another part of the juror-misconduct argument said that a juror had referred to defendants as "those people."

Prosecutors responded that the various juror misconduct arguments were mere speculation and assumptions about people's intentions.

Earlier today, Devereaux argued for a new trial in each case separately, saying there wasn't enough evidence to support the convictions. Prosecutors responded, and McGuirl ruled on each case separately, denying the motions.

Defense lawyers have said the three defendants are unlikely to face jail time.

Four other tribe members were acquitted of all charges.

The convictions stem from a July 2003 state police raid on a tribal smoke shop in Charlestown tthat turned violent. State police raided the shop to prevent the Narragansetts from selling cigarettes without collecting state taxes.

Extra: Look back at continuing coverage of the raid, its aftermath and trial, including photos and video.

-- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer Katie Mulvaney

Posted by Mike McKinney at 2:03 PM | Comment

Driver's condition serious after I-95 car crash with truck

The male driver of a car was taken by helicopter to Rhode Island Hospital today after a crash on Route 95 south involving a tractor-trailer truck.

The crash happened in the Exeter area north of Exit 4. The driver's injuries were said to be serious.

State police Capt. James Swanberg said a preliminary investigation indicated the car was traveling in the right lane and tractor-trailer truck in the left lane, and for some reason the car went into the path of the tractor-trailer truck, which could not stop in time.

The driver of the truck, William Arroyo of South Carolina, said he works for Scout Boats and was transporting one boat, a type of Sportfish, in the tractor trailer, at the time.

The highway is open to traffic.

-- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer Donita Naylor

Posted by Mike McKinney at 2:00 PM | Comment

Speakers warn of climate change's effect on R.I. coast

Scientists believe Rhode Island's coastal waters will be 2 to 5 feet higher by the end of this century, and the state is preparing to react to those changes.

More than 150 people are attending a conference addressing climate change and its impact on Rhode Island's coast, behind held in The Towers at the seaside in Narragansett.

Several speakers said that while the federal government has done little in response to climate change, states and communities are taking steps to inform the public and to prepare for the changes that will come.

One attendee asked Kate Moran, a professor and associate dean at the University of Rhode Island's Bay Campus, what she thought of a survey that said more Americans now don’t believe in climate change or that humans are causing it.

Her response: “That’s astounding. The rest of the world that reads newspapers with science in them gets it. Stop reading The Wall Street Journal editorials."

-- Journal environment writer Peter B. Lord

CORRECTION: Kate Moran's quote has been corrected. A previous post of this blog item included a quote incorrectly attributed to Moran in which she advocated reading Wall Street Journal editorials.

Posted by Brandie M. Jefferson at 1:51 PM | Comment

Court overturns dismissal of police officer's conviction

PROVIDENCE -- The state Supreme Court has overturned the dismissal of a disorderly conduct complaint against an off-duty East Greenwich police officer and ordered a new trial.

Bryan J. McManus, an off-duty patrolman at the time, was arrested following a heated argument he allegedly had with patron Tyrone Marshall at an East Greenwich restaurant in October 2004. The state's highest court, in a ruling made public today, vacated the decision of a Superior Court judge, who in November 2005 threw out the June 2005 disorderly conduct conviction of McManus.

The Supreme Court has sent the case back to Superior Court for trial.

McManus was acquitted of simple assault but convicted of disorderly conduct on June 2, 2005. McManus filed a motion to dismiss the disorderly conduct, contending, according to the Supreme Court opinion, that the guilty finding "was flawed."

Superior Court Judge Melanie W. Thunberg granted the motion, the Journal reported, in a six-page decision

However, the state appealed to the Supreme Court in December 2005.

In dismissing the disorderly conduct, the trial judge "relied upon, and even cited, the District Court transcript," the Supreme Court opinion says. The state's appeal argued the judge applied the wrong review standards and that the judgment should be vacated and the case remanded for trial. The Supreme Court agreed.

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

Posted by Mike McKinney at 1:46 PM | Comment

Update: Narragansetts face sentencing; new trials denied

PROVIDENCE -- Sentencing is set for 2 p.m. for three Narragansett Indians convicted of misdemeanor offenses stemming from the state police raid on a tribal smokeshop, after a Superior Court judge today denied two motions for a new trial.

Judge Susan McGuirl today ruled against a motion that there wasn't enough evidence to support the convictions. She also denied a motion claiming juror misconduct.

Chief Sachem Matthew Thomas, Randy Noka and Hiawatha Brown were convicted in April of either disorderly conduct or simple assault stemming from the 2003 raid.

-- With reports from Journal staff writer Katie Mulvaney

Posted by Mike McKinney at 1:18 PM | Comment

Update: T-storms still on the way

Don’t be fooled.

After the sun started to peek out from behind white fluffy clouds, we got several inquiries into this morning’s forecast.

So here's the update:

Alan Dunham, at the National Weather Service, says that an area of low pressure is headed our way. And though we’ll have partly sunny skies through the early afternoon, there’s also low pressure through the area.

“All that will work together to help trigger the storm,” Dunham said late this morning.

The temperatures have risen above this morning’s forecast, and should reach a high of about 80 degrees. That’s a few degrees warmer than the average temperature, 78 degrees, but nowhere near the record-breaking heat we experienced last week.

There’s still a chance of showers tonight, but things should clear up as the night goes on. Temperatures still expected to dip into the mid 50s.

And for tomorrow? More rain, maybe. There's a chance of isolated showers starting in the late morning, but things should clear up as the day goes on and temperatures will be a little warmer than today.

Watch the rain as it moves in via live radar on projo.com's weather page.

Posted by Brandie M. Jefferson at 12:15 PM | Comment

From Bermuda to Newport alone in an 18-foot skiff

Bobby%20Doe.JPG
Bermudian Bobby Doe at the dock in St. George's

A Bermuda boat builder, described by his daughter as "a bit of a rebel," is nearing the end of his 635-mile trip from Bermuda to Newport in an 18-foot skiff, powered by a 9.9-horsepower outboard motor.

Bobby Doe, 66, who tried and failed to make the trip once before, left Saturday afternoon and is expected to arrive in Newport today, burning about 30 gallons of gasoline. At 1:35 this morning, the satellite transponder aboard his boat showed him to be about 45 miles south of Martha's Vineyard.

Tina Barnard, one of Doe’s daughters, said he plans to make the return trip with the fleet of sailing yachts competing in the Newport Bermuda Race, starting off Castle Hill Friday afternoon.

In 1980, the native Bermudian built the 72-foot yacht Christian Venture, now called Rock Steady, and sailed it around the world, said his daughter.

“He walks his own path,” Barnard said. “If there are two roads to choose, he’ll make a third and take that one. He’s a bit of a rebel.”

Doe tried to make the 635-mile voyage from Bermuda to Newport last October. Half way to his destination, he was forced to turn back when he hit foul weather and the Gulf Stream simultaneously.

He suffered a heart attack in November and had to be flown from Bermuda to Boston for treatment.

On this week's passage, he is trying to raise awareness and money for the Lady Cubit Compassionate Association, which provided the funds for his hospital care, said his son-in-law, Chris Barnard.

To follow Doe’s progress, click here.

-- Journal outdoors writer Tom Meade

Posted by Tom Meade at 11:59 AM | Comment

Update: Downed wires cause power failures in Somerset

SOMERSET, Mass. -- Downed wires this morning caused 1,244 customers here to lose electrical service, but a National Grid spokesman reports power has been restored.

At 9:07 a.m., the wires were discovered at the corner of Lees River Avenue and Wilbur Avenue, according to David Graves, National Grid spokesman.

More than half the affected customers had power restored by 10:18 a.m., and 440 followed. Power was restored to the final four customers shortly after 11 a.m. Police were advising drivers to avoid the area.

-- Journal staff writer Chloe Thompson

CORRECTION: The initial version of this post incorrectly reported the town where the power failures occurred.

Posted by Mike McKinney at 11:43 AM | Comment

Jury can hear about Entwistle's Internet searches

WOBURN, Mass. -- A judge has ruled that the jury in the trial of a British man accused of killing his wife and baby daughter can hear evidence that he allegedly trolled the Internet looking for sex in the days before the slayings.

Neil Entwistle is accused of fatally shooting his 27-year-old wife, Rachel, and 9-month-old daughter, Lillian Rose, in January 2006 in their rented Hopkinton home.

Prosecutors claim Entwistle used his laptop computer to search for local escort services and also joined a Web site called "Adult Friend Finder" to look for a sexual relationship.

Judge Diane Kottmyer ruled today that the jury will be allowed to hear testimony from a computer expert about how Entwistle's computer was used to do the sex-related searches.

Entwistle denies killing his wife and daughter.

-- The Associated Press

Posted by Jack Perry at 11:17 AM | Comment

Judge denies new trials for Narragansett tribe members

PROVIDENCE -- A Superior Court judge has denied new trials for three members of the Narragansett Indian Tribe convicted of misdemeanor offenses for scuffling with state troopers during a raid on a tribal smoke shop.

Chief Sachem Matthew Thomas, Randy Noka and Hiawatha Brown were convicted in April of either disorderly conduct or simple assault.

Defense attorney William P. Devereaux argued each case separately, saying there wasn't enough evidence to support the convictions. Judge Susan McGuirl ruled on each case separately, denying the motions.

However, Judge McGuirl will hear another request for a new trial. The defense will allege juror misconduct.

If that fails, sentencing for the three is expected to follow. Defense lawyers have said they are unlikely to face jail time.

Four other tribe members were acquitted of all charges.

The convictions stem from a July 2003 raid on a tribal smoke shop in Charlestown. State police raided the shop to prevent the Narragansetts from selling cigarettes without collecting state taxes.

Extra: Read the Journal's continuing coverage of the trial and see photos and video of the 2003 raid.

-- With reports from Journal staff Katie Mulvaney and the Associated Press

Posted by Jack Perry at 11:13 AM | Comment

Accused kidnapper, rapist is kicked and shoved in jail

A man accused of carjacking, robbing and raping a woman June 8 was pushed and kicked by two men who were in custody with him at the ACI Intake Center, according to a state Department of Corrections spokeswoman.

The incident happened before Marco Riz, 26, was arraigned yesterday in District Court, Providence, on two charges of sexual assault, according to Tracey Poole, spokeswoman for the Department of Corrections.

Two inmates also awaiting court appearances pushed and kicked him, according to Poole. It was captured on video, and the two inmates were charged with assault; Riz did not require any outside medical treatment, Poole said.

The Department will now evaluate whether Riz needs protective custody. “That’s something that we don’t do unless we really have to,” Poole said.

Riz is scheduled to appear in Kent County District Court today to face additional charges.

The police say he carjacked a woman in Warwick as she sat in an idling SUV at a grocery store. He then allegedly drove her in the car to Roger Williams Park in Providence and raped her.

-- projo.com staff writer Brandie M. Jefferson

Posted by Brandie M. Jefferson at 10:14 AM | Comment

Weight limit lowered on another R.I. bridge

After a recent analysis, coupled with the discovery of more deterioration, the state Department of Transportation has lowered the weight limit on the second bridge in two days.

The Pontiac Avenue Bridge in Cranston is now restricted to vehicles weighing less than 10 tons. This new restriction will affect trucks, fire vehicles, loaded buses and many unloaded buses as well.

“The Department apologizes for any inconvenience this detour may cause, but safety is paramount,” RIDOT Director Michael P. Lewis said this morning in a statement. “We are aggressively reviewing bridges in our inventory to ensure proper weight limits are in place if they need be.”

The Pontiac Avenue Bridge carries Pontiac Avenue over the Pocasset River in the Garden City neighborhood. It was built in 1925 using standards, according to the DOT, that were appropriate at the time.

“Vehicles weren’t as big back then,” spokesman Charles St. Martin said this morning.

A detour will be put in place, bringing vehicles weighing more than 10 tons to Garden City Drive, then to Reservoir Avenue, and finally onto Sockanosset Cross Road.

No repair schedule has been set. The Department is considering minor rehabilitations that might make the bridge safe enough to return to the previous weight restriction of 19 tons.

Yesterday, the state Department of Transportation said it was for the second time lowering the weight limit on the Sakonnet River Bridge, because its steel beams have continued to corrode.
The limit on that bridge was reduced to 18 tons per vehicle from 22.

Posted by Brandie M. Jefferson at 9:56 AM | Comment

Carcieri to push for passage of voting bills

PROVIDENCE -- With the legislative session hurtling toward adjournment, Governor Carcieri today will urge the General Assembly to approve bills that include asking voters in a non-binding referendum whether to end straight-party voting.

The straight-party option on a ballot allows voters to cast one vote for a party's election slate.

S-2409, whose prime sponsor is Sen. June Gibbs, R-Middletown, and H-8108, whose prime sponsor is Rep. Jon Brien, D-Woonsocket, are companion proposals that would put the non-binding referendum question before voters.

The Journal has reported that Republicans in the state have sought removal of the straight-party option for some time, asserting it helps Democrats, who have held wide majorities in Rhode Island politics. Others, such as the Green Party, have also sought to end straight-ticket voting. Some Republicans have argued the option can dissuade people from running for office.

A third bill, H-8243, whose prime sponsor is Rep. Nicholas Gorham, R-Coventry, would require people to present identification before voting and specify acceptable kinds of identification.

Carcieri's office issued a news release saying the governor, a Republican, will announce support for the bills at 1 p.m. today in the State Room of the State House.

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

Posted by Mike McKinney at 9:30 AM | Comment

Tribe members in smoke shop raid due in court

PROVIDENCE -- Three members of the Narragansett Indian Tribe convicted of misdemeanor offenses for scuffling with state troopers during a raid on a tribal smoke shop are due back in court.

Chief Sachem Matthew Thomas and two other tribe members are expected to ask for new trials Tuesday in Providence Superior Court. If those requests are denied, they could be sentenced later in the day.

The three were convicted in April of either disorderly conduct or simple assault. Defense lawyers have said the three are unlikely to face jail time.

Four other tribe members were acquitted of all charges.

The convictions stem from a July 2003 raid on a tribal smoke shop in Charlestown. State police raided the shop to prevent the Narragansetts from selling cigarettes without collecting state taxes.

Extra: Read the Journal's continuing coverage of the trial and see photos and video of the 2003 raid.

-- The Associated Press

Posted by Brandie M. Jefferson at 8:48 AM | Comment

Republicans to file suit over grant allocation

After years of protest, some Republican lawmakers plan to file a lawsuit today in an attempt to change the way General Assembly leadership distributes grant money to members of the House and Senate.

Complaining that legislative leaders have used these taxpayer dollars as a reward-and-punishment system aimed at keeping lawmakers in line, House Republicans plan to file the lawsuit in Providence Superior Court to force out-front votes on the annual grants package.

The lawmakers are asking the court declare the current process unconstitutional.

House Minority Leader Robert A. Watson, R-East Greenwich-West Greenwich, and House Minority Whip Nicholas Gorham, R-Foster, Glocester, Coventry, assert that the process used to allocate out the more than $2 million in funds for local projects and causes, needs to be deliberated and understood by the General Assembly and the general public.

Instead, the lawsuit charges, there are no rules about as to how much, for what purpose, or for whom or when the money for these grants can be spent.

And House Republicans are questioning the legality of allowing individual lawmakers –– House speaker William J. Murphy and Senate president Joseph A. Montalbano –– to distribute grant money, which is public, for private projects.

Watson, R- East Greenwich, is set to file suit today in Superior Court, Providence, asking for a summary judgment from the court.

Click below for a full list of plaintiffs.

Joining Watson as plaintiffs in this lawsuit are:

Representative Carol A. Mumford, R-Scituate, Cranston

Representative Susan A. Story, R-Barrington, East Providence

Representative William J. McManus, R-Lincoln, Pawtucket

Representative Bruce J. Long, R-Jamestown, Middletown

Representative John J. Loughlin, Jr., R-Little Compton, Portsmouth, Tiverton

Representative John A. Savage, R-East Providence

Representative Joseph A. Trillo, R-Warwick

Representative Victor G. Moffitt, R-Dist. 28 Coventry

Representative Laurence W. Ehrhardt, R-North Kingstown

Not mentioned as plaintiffs, are Rep. Nicholas Gorham R-Foster, Glocester, Coventry and Representative Steven John Coaty, R-Newport, whom are both attorneys. They will be representing the plaintiffs at no cost.

Posted by Brandie M. Jefferson at 8:45 AM | Comment

Update: Suspect in rape, kidnap set for 2nd arraignment

A man accused of kidnapping and rape is scheduled for his second court appearance in two days.

Marco Riz, 26, will face felony counts of kidnapping, carjacking, assault with a dangerous weapon and first degree robbery in Kent County District Court this afternoon.

Riz had initially been scheduled for arraignment this morning, but is now scheduled for a 2 p.m. arraignment, according to a deputy sheriff at the court.

Yesterday he appeared in Providence District Court to face two sexual assault charges.

The police say Riz carjacked a woman at knifepoint while she was sitting in an idling vehicle at a grocery store in Warwick. He allegedly stole her money and credit cards, then drove the vehicle to Roger Williams Park in Providence, where he raped her.

Riz, a Guatemalan native whom the Attorney General's office says may be living in the United States illegally, is currently being held without bail at the Adult Correctional Institutions in Cranston.

Posted by Brandie M. Jefferson at 7:28 AM | Comment

Today in history: perfect game for the Providence Grays

On this day in 1880, John Ward of the Providence Grays pitched a perfect game in a 5-0 victory over the Buffalo Bisons, less than a week after the first perfect game in major league history was recorded. (The next would not occur for 24 years.)

Watch video from today in history.

Read more from today in history.

Posted by Jack Perry at 7:02 AM | Comment

Clouds, rain and maybe even hail

What a difference a week makes.

Last Tuesday we had record-breaking heat, with temperatures just shy of 100 degrees and brilliant, sunny skies. Today, well, just look out the window.

The National Weather Service is forecasting a high temperature near 77 degrees -- just shy of the average 78 degrees. And no blue skies. Instead we're looking at showers and thunderstorms during the day with the possibility of frequent lightning, gusty winds and even hail.

More rain is expected tonight, with the possibility of more serious thunderstorms. Temperatures should drop to about 56 degrees.

And for tomorrow? More rain, maybe. There's a chance of showers starting in the late morning. Otherwise temperatures should hit the low 70s and we'll feel winds from the west between 8 and 11 mph.

Watch the rain as it moves in on projo.com's weather page.

Posted by Brandie M. Jefferson at 7:01 AM | Comment

Today's front page: lobsters, education and the Celtics

Today's front page features a story exploring whether a chemical used to combat West Nile virus is killing local lobsters and a story about the House approving a proposal for mayoral academies, which is being criticized by teachers' unions hailed by supporters of eduction reform. Bill Reynolds also writes about the Boston Celtics, who will try to win the championship tonight in Boston.

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

Posted by Jack Perry at 7:00 AM | Comment

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