Projo 7 to 7 News Blog

Have you made plans for Valentine's Day this year?

It is on a Saturday night, after all, and with the economic woes we're all facing, couldn't you use a little romance?

If you're the one in your couple who typically makes all the plans, check out projothebeat.com's Valentines events, which include a lot more than dinner on Feb. 14.

The 82 events we have listed start tonight and run through next weekend, and include arts and crafts, community activities, dance, fairs and festivals, food and dining, music, performing arts, shopping, sports and outdoors, visual arts and other categories.

Or, be creative and find your own something-to-do at projothebeat.com

By Steve Peoples
Journal State House Bureau

Governor Carcieri this evening announced the promotion of Department of Human Services Director Gary Alexander to oversee four state departments as secretary of the Executive Office of Health and Human Services.

Alexander has worked in state government since 1997, and most recently was the governor's point person in negotiations with the federal government to overhaul Medicaid programs.

He'll continue to oversee Rhode Island's unprecedented Medicaid agreement with the Bush administration in his new role, according to the governor's office, in addition to assuming the secretariat position pending approval of the state Senate.

"Gary Alexander has distinguished himself as both an architect of and proponent for lasting reforms that make government more responsive, accountable and cost-effective," Carcieri said in a statement. "I am confident Gary will continue to work across EOHHS departments to implement the waiver, and all social service programs, to better serve our most vulnerable populations."

Alexander's new position has been open technically since the departure of former secretary Jane Hayward a year ago. Since that time, however, Adelita Orefice had assumed most of secretary's duties, although she held the title of deputy secretary and had not been confirmed by the Senate.

Earlier in the week, Orefice announced she was leaving within the next 10 days to work with state Health Department.

Alexander, who currently earns $121,353.10 each year, will continue to lead the Department of Human Services, and "oversee, direct and coordinate" the Departments of Mental Health, Retardation and Hospitals, Elderly Affairs and Children, Youth and Families.

"I am honored to have been given this important responsibility," Alexander said in a statement. "I am deeply grateful for Governor Carcieri's confidence in me to accomplish this significant mission, and I look forward to working with my fellow directors to bring greater coordination among the different departments to serve the public more effectively."

Providence Journal photo / Kathy Borchers

Two years ago, when the Providence Preservation Society threw its annual winter gala at the Sharpe Building, an iconic mill building overlooking Route 95, there were high hopes. More 1,000 people toasted to the anticipated end to a long rehabilitation project.

Now two years later, the gala is back in the building Saturday. The above photos shows where tables and chairs will be setup for the party.

Also included in the night's activities is a tour of the building with Oliver Bennett, president of the Providence Preservation Society and Tony Thomas, owner and developer.

By Richard C. Dujardin
Journal staff writer

The police blocked off traffic on Branch Avenue, Providence, in front of St. Edward's Catholic Church around 4 p.m., after a pickup truck skidded into a utility pole.

Fire officials said the needed to block traffic because of live electrical wires hanging on the road. The driver told the police he had lost control on patch ice, causing the collision.

By Mike McKinney
Journal staff writer

JOHNSTON, RI -- A coalition of mayors and other chief executives from most of Rhode Island's largest communities this afternoon urged the legislature to restore all or at least a majority of the general revenue money that is being cut under a revised state budget.

In a statement, the Coalition of Communities Improving RI said that unless the revenue sharing that cities and towns rely upon is fully or mostly restored, it will leave the towns' chief executives little alternative but to consider the "extreme course of action" of spreading budget cuts through their entire budgets, including the school side of the ledger, which currently Rhode Island law does not allow.

"Stay tuned. Because this is a fight we are going to take to the State House," said Johnston Mayor Joseph M. Polisena, who spoke to reporters and the 13 cities and towns' officials gathered at the Johnston Senior Center.

The statement said that the cities and towns officials will need enabling legislation from the General Assembly to support doing that, but Cumberland Mayor Daniel McKee said that he is considering spreading the cuts through both the municipal and schools of the budget, regardless of whether enabling legislation is passed.

"You can't mathematically do it," McKee said, referring to forced state budget cuts at the town level.

The coalition, which included both Republican and Democratic chief executives, said they are also asking the General Assembly several proposals that would, in an effort to give communities relief from the proposed cuts.

Among the articles the coalition supports is Article 44, which would require any state or municipal employee to make a 25-percent contribution toward health insurance. The also support repealing the Caruolo Act, where a school district can sue the city or town to push for more money than a state cap allows.

T. Joseph Almond, Lincoln's administrator, said under the state cuts, "the state has given communities that didn't have a deficit, a deficit."

By Michael Stanton
Journal staff writer

Robert Ceprano, the recently fired Providence tax collector, is firing back at Mayor David N. Cicilline.

Ceprano was dismissed on Tuesday by Cicilline following the release of an audit into the city's handling of a bad check for $75,000 from the mayor's brother on behalf of a delinquent taxpayer.

The mayor cited errors in judgment throughout the process, from his brother to Ceprano to the mayor's own close aides. And he also said that the report supports his view that it's time for a change in the management of the tax collector's office.

"That's absolutely not true,'' said Ceprano, in an interview with The Providence Journal. `"We created the first written policies and procedures in that office. My approach was that everybody had to play by the same rules. The playing field had to be level for everybody, whether you're at the top of the food chain or the bottom of the food chain.''

Ceprano, a veteran criminal investigator for the IRS, said that his law-enforcement background and no-nonsense approach enabled him to help clean up a tax office marred by corruption and improve collection rates. Now he says he's being blamed for resisting political influence from the mayor's staff.

"This has been extremely difficult,'' he says. `"All my life I've been a very productive member of society. I've been in public service all my life and I believe I've served the City of Providence very well. I don't like being made a scapegoat.''

In a wide-ranging interview for this Sunday's Providence Journal, Ceprano described his efforts, his clashes with Cicilline officials over tax abatements and other matters, and his fall from grace, culminating in this week's firing.

By Tracy Breton
Journal staff writer

PROVIDENCE, R.I. -- Today was the deadline for applications from candidates who want to become the next chief justice of the Rhode Island Supreme Court. But the names of the applicants will remain secret for now, as will the number of people who applied.

Stephen J. Carlotti, chairman of the Judicial Nominating Commission, said that the commission will only release names of those applicants that it chooses to interview and that won't be until Feb. 10, when the commission meets in executive session to select the interviewees. "The world can wait until then, I think."

The commission's rules prohibit its members and staffers from disclosing the name of anyone who requests an application for a judicial vacancy who is not granted an interview by the commission. Carlotti said that this rule was adopted to encourage as wide a pool of applicants as possible.

"Fewer people would apply if they knew their names would be released even if we chose not to interview them," he said. Lawyers who don't make the interview cut could lose business if their clients or potential clients found out they wanted to become a judge but the commission didn't think they deserved serious consideration. "It's communicating to your client that you're looking to move on. It doesn't help your business, especially if you are not chosen to be interviewed," Carlotti said.

But The Journal has learned the names of several people who applied to replace Frank J. Williams as the state's top judge -- along with some who are not.

All four associate Supreme Court justices are interested in the lifetime position: Acting Chief Justice Maureen McKenna Goldberg; and Associate Justices Francis X. Flaherty; Paul A. Suttell; and William P. Robinson III.

So is Superior Court Judge Francis J. Darigan Jr., U.S. Atty. Robert Clark Corrente and historian/lawyer Patrick T. Conley. But others who had previously expressed an interest in applying -- Workers' Compensation Court Chief Judge George E. Healey Jr. and former Supreme Court Associate Justice Robert G. Flanders Jr., who was considered a front-runner for the position, are not.

The job, from which Williams abruptly stepped down from on Dec. 30 -- stunning the legal community after a little less than eight years in the position -- carries lifetime tenure and a base salary of $167,644. Williams was making $184,408.38 per year -- but that's because he has longevity from his service on the Superior Court as well as the Supreme Court.

The job entails not just hearing appeals and acting as top judge of the state's highest court. The chief justice is also the top administrator for the entire state court system.
Flanders, who resigned from the high court in 2004 after eight years to return to private practice, had expressed interest in the chief justice's job in the days after Williams resigned. But he said yesterday that he had ultimately decided just this week not to apply for the job because of other professional interests. "This was a wrenching decision; I wrestled with it..." he said.

>> Continue reading: Supreme Court chief justice candidates' deadline passes

By Thomas J. Morgan
Journal staff writer

PROVIDENCE -- Mayor David N. Cicilline has called a news conference for Monday during which he expects to announce details of two proposed ordinances to shield tenants from foreclosures and assist homeowners in negotiating with lending institutions.

The ordinances are sponsored by Councilman Kevin Jackson. Cicilline said that foreclosures have doubled in Providence in the past two years

Journal photo / Kathy Borchers

The Route 195 west ramp to Route 95 North was closed Thursday night to allow state workers to demolish the former Pine Streets overpasses in Providence.

All green steel beams have now been removed from the concrete supports. The photo shows part of the old I-195 East ramp.

By Business staff

An unemployed Westerly couple plan to put an upside down American flag back up on their front porch as a sign of distress over the economy.

Jason and Kelly Jarvis hung an upside flag on their house last Thursday to call attention to the high number of unemployed Rhode Islanders. After neighbors complained, a police officer visited their house on Saturday. Although the officer didn't ask them to remove the flag, Kelly Jarvis took it down.

The Rhode Island affiliate of the American Civil Liberties Union says the upside down flag is a protected form of expression.

Kelly Jarvis said today that she and her husband plan to put the flag back.

Tonight at 8 o'clock the curtain rises on the three-day run of Happy Days - A New Musical at the Providence Performing Arts Center, 220 Weybosset St.

Fonzie, Joannie, Richie and Chachi and other characters from the TV show, take the stage. For tickets, $33 to $60, call (401) 421-2787 or visit www.ppacri.org

To find other weekend activities, search projothebeat.com

By Mike Stanton
Journal staff writer

Top aides to Mayor David N. Cicilline were heavily involved in efforts to get the mayor's brother, John M. Cicilline, to make good on a bad check for $75,000 three years ago, and even instructed the tax collector not to cash the check because there wasn't enough money in John Cicilline's bank account to cover it.

But an investigative report released today by the KPMG auditing firm found no evidence that the mayor attempted to unduly influence anyone's actions, even though the settlement agreement that the city struck with John Cicilline on behalf of a delinquent taxpayer was "unorthodox."

The sweeping report also explored allegations by Cicilline's estranged tax collector, Robert P. Ceprano, that the mayor and his aides sought favorable treatment for other taxpayers who were friends and/or campaign contributors to David Cicilline. Among them: developer David Corsetti, whose wedding the mayor attended; businessman Arthur Robbins, co-owner of the Providence Marriott; and Craig Baker, son of Domestic Bank president Nathaniel Baker and a Cicilline appointee to a city investment commission.

"Our limited inquiry into these allegations uncovered documentation that revealed that in certain of these instances, the mayor through other administration officials appears to have been involved in some capacity with the handling of these tax matters,'' the report says.

The report goes on to say that the mayor acknowledged "advocating'' for those taxpayers, ``based upon what he determined to be either a mistake by the city, or an `honest' mistake on the part of the taxpayer.''

Mayor Cicilline commissioned the independent audit last September, after The Providence Journal first reported that John Cicilline had written the bad $75,000 check and that the debt of taxpayer Felix Nelson Garcia, now over $130,000, remains uncollected. The mayor says he didn't know about it until the media asked him last fall. He said that an independent inquiry was necessary since the matter involved his brother and the mayor's aides.

The Rhode Island State Police are also investigating the matter.

The 44-page report, released by Mayor Cicilline this afternoon, offers a detailed chronology of the long, twisting saga of the $75,000 check, exploring the at-times conflicting accounts of the various parties about who did what and who knew what when.

The report also spends several pages exploring the tax travails of four other taxpayers with ties to the mayor, describing tension between the mayor's aides and tax collector Ceprano, whom Cicilline placed on paid administrative leave after news of the $75,000 check broke last fall.

Extra: Read the report

>> Continue reading: Report says Mayor Cicilline kept brother at a distance

By Lisa Vernon-Sparks
Journal Staff Writer

NARRAGANSETT -- Searching for ways to trim costs, the Town Council proposes returning to the bargaining table with the police and municipal unions to review salary increases under the current three-year contract.

At Tuesday's council meeting, members voted to send a letter to both unions, Local 303 of the International Brotherhood of Police Officers, and Local 1179 Municipal Workers with the request. Narragansett's municipal union, under Council 94, the largest state's employees union, represents clerks, truck drivers, dispatchers and equipment operators.

Town Manager Jeffrey Ceasrine said to purpose is to explore the salary schedule to see if it can be renegotiated.

Currently, the third-year contracts expire June 30, 2010 and pay increases are 5.25 percent for first two years and 5 percent in the final year. In return, the town secured a comprehensive health-care contribution package.

Under current State law, the unions have no legal obligation to reopen ratified contracts.

"Towns are looking for way to absorb the lost in revenue. We are asking the unions to help out,'' Councilman Christopher Wilkens said. "You can ask but it doesn't mean they will do it. The end game here is we don't want to lay anyone off."

The move is prompted by the release of Governor Carcieri's proposed supplemental budget this month which calls for eliminating general revenue sharing for the current fiscal year. Statewide it would a $55.1 million cut in aid to cities and towns. Narragansett was on tap to receive $747,514.

"The overall economic climate was different in 2007 than it is now," Ceasrine said. "If we are successful with this, it will be one piece only of making up [the] shortfall before June 30."

By Amanda Milkovits
Journal staff writer

PROVIDENCE -- Two people were injured in two shootings across the city on Tuesday.

Barbara Rutledge, 44, was grazed in the chest after shots were fired at her apartment house at 28 Marlborough Ave. at around 2:30 a.m. The gunfire had woken up Rutledge, who told the police that she ran into the kitchen and realized she'd been hit. She was treated at Rhode Island Hospital.

A Narragansett man who was allegedly seen firing at the house was arrested shortly afterward. Devon E. Anderson, 24, of 111 North River Drive, is charged with assault with a dangerous weapon, felony assault when armed with a firearm, and possession of a firearm without a license. Maj. Thomas Oates said the police have not recovered the weapon.

Just before noon, a Providence man drove himself to Rhode Island Hospital with a gunshot wound to his left leg. Leo Weeks, 23, called the police on his way to the hospital, but he was uncooperative about the specifics of the shooting. Weeks said he was on Sackett Street waiting to sell a cell phone when two teenage boys tried to carjack him.

Weeks told the police that he was shot in the struggle and escaped, but later went back to his car and drove himself to the hospital. The police found no crime scene on Sackett Street and no one reported hearing gunfire during that time, Oates said.

By Cynthia Needham
Journal staff writer

Mayors and local leaders from at least half a dozen cities and town are meeting with the governor this morning to discuss his plans to cut more than $74 million in local aid including the entire $55 million in general revenue sharing, as he tries to close the state's budget deficit.

Cranston Mayor Allan Fung and Scott Avedisian, mayor of Warwick, were among those who arrived at the State House this morning unsure what to expect in their sit down with Carcieri.

Dan Beardsley, executive director of the Rhode Island League of Cities and Towns, said the governor requested to meet with the league's executive committee to discuss the proposal. "We haven't had any contact with him since the budget went in," Beardsley said.

For local communities, Carcieri's mid-year budget-repair bill is something of a mixed bag. On one hand, it proposes relieving cities and towns from a host of mandates including minimum manning hours and certain contractual requirements.

But in wiping out millions in funding with just five months left in the fiscal year, the budget is also expected to cause more immediate cash crunches in Rhode Island's communities.

The closed-door meeting began just after 11a.m. Updates will follow.

MCT photo
President Barack Obama and First Lady Michelle Obama dance at the Neighborhood Ball in Washington, D.C. yesterday.

Did you love the white ball gown? Hate the Chartreuse day ensemble? And how did Michelle Obama look compared to other first ladies on past Inaugural Days?

Look at the photos and take our survey: Your Turn: Compare Michelle Obama's inaugural fashions to those of previous first ladies. Which one is your favorite?

By Linda Borg
Journal staff writer

PROVIDENCE -- The fifth-graders at Harry Kizirian Elementary School sat without saying a word during the historic inauguration of a President, who, for the first time, looks a lot like them.

During the ceremony, televised in the library, one child whispered the oath of office as Obama was inaugurated, while another quietly mouthed the words to "The Lord's Prayer." Every child stood to sing the National Anthem, their hands across their hearts.

Obama's presence was everywhere, from the Obama tree in the front hallway to the Obama posters on the wall.

The letters to Obama, which hung from a repurposed Christmas tree, spoke of the hopes and dreams of a new generation, many of them first-generation Americans whose parents came here from the Dominican Republic and Congo, from Liberia and Laos.

"Dear President Obama," Maria Rahim wrote, "I am from Bagdad. Could you stop the war?"

Adrian Paraeades wrote, "I want President Obama to take out all the bad guys in the city."

After the swearing-in ceremony, fifth-graders were asked to share suggestions for Obama's presidency:

"Fix the economy," Chelsea Velasquez aid.

"Stop the gang wars," Johnny Cullen added. "People get shot for nothing."

The list of problems to be solved seemed endless: fix our communities, our schools, our neighborhoods. We need more books, more paper, more teachers.

Asked why Obama was elected, Cheyenne Porter said, "Because everyone believes he can make us better."

By The Associated Press

Sen. Edward M. Kennedy, D-Mass., battling a brain tumor, became ill at a post-inauguration luncheon for President Barack Obama on Tuesday and was taken by ambulance to a hospital.

There was no immediate word from medical personnel on his condition.

"It looked like a seizure," said Sen. Orrin Hatch, R-Utah, who said he was with Kennedy until they reached the ambulance.

Kennedy, 76, had appeared in good health and spirits hours earlier when he stepped out of the Capitol and onto the inauguration platform where Obama took the oath of office.

Sen. Robert C. Byrd, 91, also was taken from the luncheon but it was not clear whether his departure was prompted by his health.

Kennedy has suffered seizures since he was stricken and had surgery for his tumor last year, but it was not known what caused him to fall ill at the early afternoon lunch.

Former Vice President Walter F. Mondale said Kennedy was swapping stories with others at their table when "something happened. I don't know what it was, he just stopped."

"It was really kind of a shock to us all," he added.

Sen. Jay Rockefeller, D-W., Va., told reporters the president rushed over to Kennedy's side.

"There was a call for silence throughout the room," he said. "The president went over immediately. The lights went down, just to reduce the heat, I think."

In his remarks, Obama said his prayers were with the stricken senator, his family and wife, Vicki.

"He was there when the Voting Rights Act passed, along with John Lewis who was a warrior for justice.

"And so I would be lying to you if I did not say that right now a part of me is with him. And I think that's true for all of us," Obama said.

The Massachusetts senator is the father of Rhode Island's Rep. Patrick Kennedy.

The president speaks about Sen. Ted Kennedy, D-Mass., who was taken out of the inaugural luncheon on a stretcher earlier today.

By Thomas J. Morgan
Journal staff writer

Steve Robinson, a teacher at Providence Country Day School who traveled to Washington with 23 students, described the post-swearing-in scene as "Kind of a madhouse."

Robinson said the group got up at 3:30 a.m. and walked to the Cystal City Metro station to catch the subway. But they were stymied.

"We went down the escalator and the line was already packed," he reported. "There must have been a hundred people in front of us just to get to the turnstile."

Robinson said he got the group turned around. They walked to the subway station at the Pentagon and got on without difficulty.

"It has been cold but really fun, really exciting," he said. He added that the inaugural crowd proved to be "partisan."

"When they saw Bush on the Jumbotron, people were booing," he said. "There was a tremendous amount of relief that the Bush presidency is over and a lot of positive optimism with Obama."

He said he and his students wound up watching the oath-taking from a distance of about a half mile.

"There was a complete mass of people all the way back to the Washington Monument," he said. "It was quite spectacular."

The group, which departed on Saturday, plans to return to Providence on Friday. During the week they are to attend events and workshops and meet with Senators Jack Reed and Sheldon Whitehouse, and Representatives Patrick Kennedy and James Langevin. They also are scheduled to participate in a mock Congress, learn about the role of the White House staff and tour significant sites in the Washington area.

Joyce Williams, 74, corporate security officer for the Middletown-based McLaughlin Research Corp., spoke while standing outside the Union Station before the ceremonies began.

"There are so many people _ white, black, Japanese, Chinese," she said. "But here's the one thing: Everyone is so kind to each other."

Later, she added, "Oh my God. there are so many people. I'm being pushed. I don't know which direction."

Williams said earlier that she didn't mind how far she might be from the podium where Obama was to take the oath of office. Later, it developed that she had obtained tickets that put here quite close.

"This is history," she said. "I want to be standing there, breathing the same air. I never thought I would live long enough to see this. I know about living in the South, and I know about the hurts that people suffered to gain Civil Rights."

She said that her job calls upon her to travel to various countries, which she said makes here realize "how wonderful this country is" to let her rise to the position she holds.

Providence Journal photo / Mary Murphy

Heather L. Anderson smiles as she walks off the stage after being the first of Class 77 to graduate from the Corrections Academy at the graduation ceremony for her and 53 other officers at Sapinsley Hall at Rhode Island College today.

The state Corrections Department graduated 54 new guards from its nine-week academy this afternoon.

Also in the photo, behind Anderson, is fellow graduate Islanndia D. Arellano. On the left is Paul M. Kennedy, superintendent of recruitment and training. Next to him is Nancy Bailey, assistant director of institutions and operations, followed by Attorney General Patrick Lynch and A.T. Wall, department director, at the end of the line.

AP Photo
An Airbus 320 US Airways aircraft goes down in the Hudson River in New York. Watch live video reports of the crash, as well as live video from the scene, courtesy of sister site azfamily.com.

NEW YORK -- A US Airways pilot ditched his disabled jetliner into the frigid Hudson River on Thursday afternoon after a collision with a flock of birds apparently knocked out both engines, but rescuers pulled all 155 people on board into boats as the plane sank, authorities say. There were no immediate reports of any serious injuries.

NEW YORK -- A US Airways jetliner crashed into the frigid Hudson River this afternoon after a collision with a flock of birds disabled both its engines, sending more than 150 passengers and crew members scrambling onto rescue boats, authorities say. No deaths or serious injuries were immediately reported.

Federal Aviation Administration spokeswoman Laura Brown said Flight 1549 had just taken off from LaGuardia Airport en route to Charlotte, N.C., when the crash occurred in the river near 48th Street in midtown Manhattan.

Caroline Boulanger, 24, a former Smithfield, R.I., resident living in Hoboken, N.J., across the Hudson, said she could see the rescue boats surrounding the downed plane in the river. Rescuers were getting people out of the plane, and she could also see some people in the water.

At the shoreline, she and others watched the rescue. Some people took pictures, and others got on their cell phones and asked if it was caused by a terrorist.

The water temperature at the Battery is 41 degrees, according to the National Oceanic and Atmospheric Administration.

Read the full Associated Press report.

-- With reports from Journal staff writer Amanda Milkovits

Have you written a poem or a song, or created a piece of artwork, inspired by the election and/or the inauguration? Let us know about it - e-mail Journal Pop Music Writer Rick Massimo at rmassimo@projo.com.

Providence Journal photo / Steve Szydlowski

Kevin Sullivan, a lineman for National Grid, is up in a bucket truck working on getting electricity to a new building that's opening on Walnut Grove Ave, in Cranston. Crew workers wear at least three layers of clothes on bitterly cold days. An underlayer of Nomex, pants and then thermal one-piece coveralls. The gloves they wear are cotten and insulated.

The crew, working in Cranston, talks about what they wear to stay warm during the cold snap in this Providence Journal video by Steve Szydlowski

The state Departments of Health and Elderly Affairs today issued an extreme cold advisory, as the forecast calls for frigid temperatures starting this afternoon that will plummet further by the weekend.

Read the winter weather advisory.

By Gregory Smith
Journal staff writer

Violent crime surged in Providence in the first six months of 2008, the Federal Bureau of Investigation reported today.

There were 553 violent crimes through July 1 compared to 440 for the same period a year earlier. Violent crime includes murder, rape, robbery and aggravated assault.

The Providence Journal reported in July that the police were concerned about the phenomenon. Police Chief Dean M. Esserman said then that the police would redouble their efforts to stem the trend, which he said followed a long-term decline in violence in Rhode Island's capital city.

Included in the trend was an increase in the number of shootings, which is not a figure announced by the FBI. Comparing the first six months of 2008 to the same period a year earlier, Esserman acknowledged at midyear that shootings had increased from 17 to 32.

The FBI focuses on what it calls Part I crime, under which there are eight categories. In addition to the violent crime categories there are four categories of property crime: Burglary, larceny, motor vehicle theft and arson.

Overall, the total number of crimes for all eight categories went up from 4,217 to 4,866, according to the FBI.

The FBI statistics are based on figures reported by each of the states and localities.

Providence Journal photo / Steve Szydlowski

A Ford representative talks about the 2009 Ford Mustang GT at the 2009 International Northeast Auto Show, held at the Rhode Island Convention Center today through Sunday.

An estimated 20,000 people are expected to attend, and with auto sales down last year, this is may be a great time to check out possible deals on a new vehicle.

Check out projothebeat.com for the event times and other information, and check out this video for all the pre-show preparation.

Journal photo / Bob Thayer

Patrick Murphy of East Greenwich plays a game of tug-o-war with his 8-month-old Boxer, Hogan.

"He loves to chase, pull and chew on the leash," says Murphy of his canine. Dozens of people and their dogs from Warwick and surrounding areas enjoyed getting to know other dogs, and people, at the Warwick City Park Dog Park, where two large, fenced-in areas are reserved for the dogs.

While Rhode Island Department of Transportation continues to ask drivers to take it easy as snow continues to fall around the state, at 2 p.m., one South County driver saw flurries and wind, but a few peeks of sunlight through breaks in the clouds.

The height of the storm appears to have gone through Narragansett around 11 a.m.

Driving was slippery along Routes 1 and 4, where plowing was scarce, and along Route 95, tire tracks offered the only traction for those without four-wheel drive.

A jacknifed tractor trailer was seen at Exit 11 on 95 North, at the Route 295 split, and speeds along Route 95 were no higher than 45 mph. Route 10 north was clear, though, especially on the far left lane. The further north the driver went towards Providence, the heavier the snow.

The National Weather Service reports the storm should dissipate around 5 p.m. The snow has been falling since mid-morning with rates of over one-inch per hour. Totals have reached over seven inches in Northern Rhode Island, according to RIDOT.

"Our crews have been out in full force since this storm began earlier today, keeping the roadways safe for the motoring public," said RIDOT Director Michael P. Lewis. "Drivers who need to be out on the roads are asked to keep a generous distance behind sanders and snow plows, keep their speeds down, and buckle up."

Commuters and New Year's Eve revelers should allow themselves extra time to check on road and weather conditions and to allow for additional driving time to their destination as conditions may warrant reduced travel speeds.

Check RIDOT traffic cams here.

-- With reports from Rich Lee, projo.com

Throughout Rhode Island, as snow has been falling for about the past five hours, accumulations totals reported by spotters vary greatly.

Here's the latest snow totals observers in the area have reported to the National Weather Service:

... Kent County...
West Warwick 3.1 1215 PM 12/31 spotter

... Newport County...
Little Compton 2.5 100 PM 12/31 spotter

... Providence County...
Burrillville 4.0 1254 PM 12/31 spotter

... Washington County...
Charlestown 2.0 1055 am 12/31 ham radio

Your Turn: Share what you're seeing and experiencing as a snowstorm hits the area.

Journal photo / Kris Craig
Alina Garbuzov, of Providence, takes big steps in her snow shoes along Blackstone Blvd. during the Dec. 19 snow storm.

With tomorrow's forecasted snow, some folks may be unsure how to get the exercise in -- especially if they included better fitness as part of their New Year's resolution.

So here are some suggestions for wintertime activities, even if you don't have an at-home gym:

Ice Skating: The Bank of America Skating Center in downtown Providence and many other local rinks are open and ready for holiday skaters. Check out projothebeat.com for skating events near you.

Skiing or snowboarding: Whether it's cross-country skiing or downhill snowboarding, there are lots of places around the region to enjoy the snow. Take a look at this search of ski areas within 100 miles of Providence.

Winter walks: Why not take a walk on the winter beach, or check out the seals near Rome Point in North Kingstown? Here are more scheduled events that are walk-related.

Workouts at home: Some of you were lucky enough to get Wii Fit for holiday gifts. Go ahead and try the cardio, yoga, balance games and other activities. And if you don't own that particular game, keep moving indoors by trying Pilates, yoga or any other floor exercises.

If you're intrepid enough to go out in the snow, fitness classes offered around the region include Zumba, Yoga, and even belly dancing.

By Tom Mooney
Journal staff writer

PROVIDENCE -- Civil libertarians are opposing a state Supreme Court proposal that would allow litigants in civil cases to hire retired judges to hear cases in secret, charging the process would create a "two-tiered system of justice'' that `"allows for swift resolution of cases only for those wealthy enough to afford it.''

Steven Brown, executive director of the Rhode Island affiliate of the American Civil Liberties Union, said he stumbled upon a scheduled Jan. 15 public hearing on the proposal while viewing the Supreme Court's Web page. The Supreme Court is scheduled to hold the public hearing at 9 a.m. on Jan. 15.

The proposal refers to a state law, passed in 1984, but never before used that allows litigants to hire retired judges to hear publicly-filed court cases behind closed doors.

A court spokesman said the process would not be much different from current mediation and arbitration processes and that about 25 other states already employ systems where civil cases are "privately-judged.''

Under Rhode Island's so-called "Retired Justice Trial Act'' litigants decide where the case would be heard and pay for all costs -- including the fee for the retired judge whose decisions, the law states, would `"have the same force and effect as if it had been entered or made by an active judge of the court.''

"The notion of privatizing our judicial system is extremely disturbing on many levels,'' Brown said. `"Closed-door justice is, and should be, anathema to our judicial system, which has long been guided by fundamental principles of transparency.''

>> Continue reading: R.I. high court taking up private judging statute

By W. Zachary Malinowski
Journal Staff Writer

PROVIDENCE -- State and local police have broken up a mob-sanctioned gambling ring that handled more than $400,000 in illegal bets on college and professional football in the past two months.

Teams of police officers fanned out across Providence, Cranston, North Providence and Cumberland this morning to arrest 10 suspects on a variety of gambling, firearm and drug charges. One of the suspects tried to destroy gambling ledgers from Monday night's football game between the Chicago Bears and Green Bay Packers by tossing them into a roaring fire in his fireplace, the police said.

The charred edges of the notebook paper were on display at a news conference at state police headquarters.

The state police identified the two ring leaders of the operation as Jason McMahon, 31, of 1771 Atwood Ave., Johnston; and Michael Sepe, 30, of 1002 Pontiac Ave., Cranston. They were both charged with racketeering, organized criminal gambling, bookmaking and conspiracy.

McMahon also was charged with delivery of marijuana, conspiracy to possess marijuana with intent to distribute, (four counts); possession of marijuana with intent to distribute; possession of a narcotic, Adderall; and possession of a firearm while in possession of a controlled substance with intent to deliver. Adderall is a stimulant that is used to treat attention deficit order.

State Police Lt. Col. Steven G. O'Donnell said the investigation was launched in October after state police detectives learned that McMahon was running a gambling operation out his home in Johnston. They quickly learned that he allegedly was dealing drugs, too.

O'Donnell said that "dozens'' of gamblers regularly placed wagers on games ranging from $20 to "thousands of dollars.''

"We believe it is sanctioned by La Cosa Nostra,'' O'Donnell said.

Detectives listened to hours of court-authorized wiretaps and O'Donnell said that the bookmakers switched phone numbers six times in two months. The police seized two shotguns, a 2004 Toyota pickup, more than $4,000 in cash, three laptop computers, marijuana, prescription drugs and betting ledgers.

Others arrested and charged are:
-- Robert Rossi, 62, of 70 Fiat Ave., Cranston, racketeering, organized criminal gambling, bookmaking and conspiracy.
-- Kyle Benchsky, 25, of 185 Budlong Rd., Cranston, racketeering, organized criminal gambling, bookmaking and conspiracy.
-- Stephen DeBankah, 27, of 21 Woodman St., Providence, racketeering, organized criminal gambling, bookmaking and conspiracy.
-- Antonio Porreca, 33, of 522 Fruit Hill Rd., North Providence, conspiracy to possess marijuana with intent to deliver.
-- Michael Pescatore, 28, of 7 Buratti Rd., Johnston, conspiracy to possess marijuana with intent to deliver.
-- Nelson Salgado, 25, of 233 George Waterman Rd., Johnston, conspiracy to possess marijuana with intent to deliver.
-- David Guccione, 54, of 15 Barry Ct., North Providence, possession of marijuana and soliciting another to commit a crime.
-- James Rekrut, 30, of 47 Rosemere Rd., Cumberland, soliciting another to commit a crime.

A state police van brought the 10 suspects to District Court in Providence yesterday afternoon for their arraignments. Several of them were expected to be ordered held at the Adult Correctional Institutions

Journal photo / Sandor Bodo
Bright Night performers march down the grand staircase in Providence City Hall today as they help festivities. Among them were members of Big Nazo, Snow Queen (Clare Vadeboncoeur) seen here, Mark Kohler, Marvelous Marvin Novogrodsky as well as Bright Night director Adam Gertsacov.

By Richard Salit
Journal staff writer

PROVIDENCE -- Since the city hadn't levied a new tax on costumes, there had to be another reason for the boisterous gathering at City Hall of the Snow Queen, Casey Jones and several Big Nazo characters

And indeed there was.

The group assembled inside on the grand staircase to publicize Bright Night Providence, the sixth annual New Year's Eve celebration put on in the Capitol City by a non-profit, artist-run organization. Still, it was hard to keep the rowdy characters focused on that.

"Many politicians have thrown themselves under my train," quipped the Casey Jones character getting caught up in the City Hall scene.

This year's event replaces fireworks with a midnight laser show, headlines an acrobatic act called the Nerveless Nocks and features 160 performers at 22 venues. It also incorporates a Providence Friars basketball game at the Dunkin' Donuts Center. The first 3,000 people with Bright Night wristbands may enter the game versus St. John's University for free.

Tickets to Bright Night are $10 in advance, $15 on the day of the event (when a family four-pack may be purchased for $50). Tickets are on sale online at www.brightnight.org, by calling (401) 621-6123 or by visiting ArtTixRI, on Westminster Street, any BankRI location, all OOP! locations and the East Side Marketplace.

For more information, including the schedule of Bright Night events, visit www.brightnight.org.

Federal regulators have approved a measure preventing credit-card companies from unfairly using deceptive "bait-and-switch lending practices," but Sen. Jack Reed (D-RI), says it needs to take effect before it's scheduled July 1, 2010 launch.

A senior member of the Banking Committee, Reed called on the Federal Reserve to monitor credit-card interest rates and consider accelerating the enforcement of this rule.

"I am pleased that the Federal Reserve is taking steps to end abusive lending practices by credit card companies," Reed said. These reforms will improve disclosure, rein in unfair interest increases, and help give more consumers time to pay their bills.

"However, we should make sure the credit-card companies do not take advantage of the lengthy implementation phase and increase interest rates on users at an accelerated pace prior to July 2010.."

In a letter to Fed Chairman Ben Bernanke, Reed wrote, "Faced with rising unemployment and limited access to lower-interest options such as home equity lines of credit, more individuals are turning to credit cards to support their small businesses and buy basic necessities. These consumers are particularly vulnerable to sudden interest rate increases. Indeed, a number of Rhode Islanders have contacted me in recent months about arbitrary increases in their credit-card rates.

"With all that is happening in the economy and the lengthy interval between the announcement and the implementation of the final rule, I would like to know what the Federal Reserve is doing to monitor this issue."

Reed asked several questions of Bernanke in the letter, including:

-- What systems have been put in place to rigorously track changes in credit-card interest rates?

-- Why subject credit-card account holders to them for more than 18 additional months?

Providence Journal photo / John Freidah

Charles Shaw Sr., with Rambone Brothers, mixes salt with sand at the Rhode Island Department of Transportation salt barn, off Route 37 in Warwick, where trucks load up before heading out to treat the roads during today's predicted storm.

The first few bands of snow have begun to arrive on local radar, and by the 2 o'clock hour the flakes could come, too. Temperatures are right around 31, with northeast winds around 10 mph with gusts up to 25 mph.

The storm is expected to dump about a foot of snow, with the heaviest coming around 6 p.m.

To get the full forecast, additional details, go to projo.com/weather

Lupo's Heartbreak Hotel, in Providence, has announced that the GWAR show scheduled for tonight has been postponed due to the impending snowstorm. A new date will be announced soon, and all tickets for tonight's show will be honored on the new date.

For more information, go to Rick Massimo's Projo Music Blog.

Meanwhile, Trinity Repertory Company has announced that it will cancel all evening performances today. This affects patrons who have purchased tickets to the 7 p.m. performance of "A Christmas Carol" and the 7:30 p.m. performance of "The Receptionist."

See more cancellation notices on projothebeat.com

Patrons may call the Trinity Rep Box office at (401) 351-4242 to make alternate arrangements. Representatives are available from 12 to 8 p.m. seven days a week; however, if representatives are not available tonight due to inclement weather, you may leave a message and it will be returned as soon as possible during normal business hours.

BOSTON -- One of Boston's most popular tourist destinations is on the block.

General Growth Properties Inc., the Chicago-based operator of Faneuil Hall Marketplace, has confirmed it is seeking a buyer for the downtown shopping area as part of a plan to pay off debt.

New York brokerage DTZ Rockwood LLC said it has been retained to market GGP's Festival Marketplace portfolio, which includes the Boston mall, Baltimore's Harborplace & The Gallery and New York's South Street Seaport.

Faneuil Hall Marketplace, which consists of three large buildings adjacent to historic Faneuil Hall, has been a gathering spot in Boston for more than 250 years and currently includes nearly 200,000 square feet of retail space.

General Growth leased the buildings from the city in 2004.

-- The Associated Press

In a memo to key Rhode Island officials, Jerome F. Williams, director of the state Department of Administration, details that today is a normal workday for state workers, and "no state of emergency."

"This communication is to emphasize that the State of Rhode Island intends to remain in full operation during the storm occurring on Friday, Dec. 19, 2008," the memo states, adding that the inclement weather/emergency clause in collective bargaining agreements with the state does not apply.

Read the full memo here.

By contrast, Massachusetts workers were told by their governor to stay home today because of the impending storm.

Today's front page looks at preparations in anticipation for today's big snow, and in other bad news, the darkened Rhode Island jobs picture.

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

By C. Eugene Emery Jr.
Journal staff writer

BARRINGTON - The four students who attended last Friday night's high school dance, but were so drunk they be came ill, were suspended for five days, Principal John Gray said today.

The disciplinary action marks the first real test of Barrington's new policy under which athletes found to be using drugs or alcohol automatically become ineligible for practice sessions for 10 days and all games for 15 days, a period that must include two interscholastic contests. For other extracurricular activities, the suspension period is 7 days.

Gray said "at least a couple" of the students were athletes.

For a second offense, Barrington high students are banished from extracurricular activities for a full year.

Two girls, both 16, were discovered vomiting in the bathroom during the dance. One told the police she had been drinking whiskey and gin, and couldn't remember where she was. Two other students, boys age 15 and 17, were later found to be sick and intoxicated.

"It's been a while since we've had to send a kid home [from a dance]," said Gray. "And when you have multiple kids like this, it was disappointing to say the least."

The Roman Catholic Diocese of Providence announced today it is adding an emergency-overflow homeless shelter at its St. Martin de Porres Multi-Cultural Center in Providence, and granting $75,000 in additional funds to agencies servicing the needy.

Bishop Thomas J. Tobin said the Diocesan Emergency Assistance Grants will go to 29 local not-for-profit agencies that provide direct assistance such as housing and food to those in need -- money that came from an anonymous donor. The grants were not derived from parish assessments, the Catholic Charity Fund or any other diocesan account, the diocese said.

"Rhode Island families struggling to find shelter and a basic meal are the real story behind the state's nation-leading unemployment figures," said Bishop Tobin. "The challenging economy has created significant hardships to those local organizations serving the homeless and hungry who struggle during the best of times. I know that these grants will not solve all the problems faced by these important organizations, however I hope the funds will provide some much needed short-term relief."

St. Martin de Porres Center in Providence was established by diocese in 1964 to meet the needs of minority elderly in the Providence area. The center is funded by grants from the diocesan Catholic Charity Fund and state Department of Elderly Affairs.

The Diocesan Emergency Assistance Program is designed to assist emergency shelters, meal sites and local food pantries to meet the increased needs of individuals and families impacted by the weakened economy. Grants range from $2,000 to $3,000. A $10,000 award was made available to St. Martin de Porres to cover costs associated with operating as an emergency-overflow shelter.

"The Roman Catholic Diocese of Providence is pleased to offer one of its facilities as an emergency-overflow shelter for those without a warm place to lay their heads at night," said Tobin. "Foreclosures and rising unemployment have forced too many Rhode Islanders from their homes. I am hopeful that this new overflow shelter will provide many with another temporary housing option."

>> Continue reading: Diocese of Providence adds shelter, aid to needy

By Tim Murphy
Journal City Editor

Here's what will appear in tomorrow's Providence Journal and online at projo.com

More candidates are emerging to replace Supreme Court Chief Justice Frank Williams, who is retiring at the end of the month.

Patrick Conley, a Providence lawyer, developer and historian says he's interested. Also interested: Robert Flanders, who had previously served as a Supreme Court justice.

Governor Carcieri officially started the application process today; it could take months to pick a replacement.

Tomorrow, we'll take a look at some of the contenders.

And in the food section, we'll share tips from local chefs on how to prepare a holiday feast.

Driving from South County to Providence during the morning rush, commuters were greeted with several forms of precipitation, but thankfully, no slippery roads.

In North Kingstown, sleet began to fall around 8:15 a.m., and followed this driver all the way up to Route 95, where in Warwick, it turned to wet flakes of snow.

The precipitation then turned back to a cold rain towards the city.

Checking local radar, it appears most of the bands of wet stuff are moving off the coast.

Check projo.com/weather for the region's forecast, which calls for snow later on tonight and into tomorrow, with a possible accumulation of about an inch.

Providence's Board of Licenses today issued two cease-and-desist orders against the nightclubs that were the locations of the city's 12th and 13th homicides of the year.

Club Passion at Portland and Hayward streets in South Providence, and Level II, on Richmond Street, are shut down pending emergency hearings regarding their operating licenses with the city.

Those hearings will determine the next steps to be taken involving the clubs.

Anthony Parrish, 24, of Dorchester, Mass., was pronounced dead at Rhode Island Hospital Sunday, shot as a crowd was leaving Club Passion, the police said. Also injured was London Hardy, 36, according to the police, in the incident that caused the city's 13th homicide of the year.

The 12th homicide victim, Jeremy M. Olearnick, 22, of Norwich, Conn, was stabbed outside of the Level II dance club on Dec. 6.

-- with reports by Philip Marcelo, Journal staff writer

Projo.com photo / Pamela Reinsel Cotter

A Santa display on Candlewood Drive in North Kingstown looks as though a Godzilla-like giant has kicked it around, due to high winds in the early morning hours.

Throughout Southy County the gusts spared no trees or holiday decorations.

A dispatcher in North Kingstown said that the weather created a few accidents, and that winds have knocked some trees down on roads throughout the town.

Middlebridge Road, the thoroughfare that links Narragansett to South Kingstown, was closed around 8 a.m., according to Dispatcher Jim McClarnon because the waters of the Pettaquamscut River had gotten too high. McClarnon said they expect the bridge to reopen in about a half hour.

-- with reports from Talia Buford

Providence Journal photo / Gretchen Ertl

Festival Ballet company dancer Lauren Menger, 25, of Providence, waits for her next stage appearance during a dress rehearsal of The Nutcracker at the Providence Performance Art Center.

The show is directed by Mihailo "Misha" Djuric.

Menger, who dances several roles including, the Dew Drop Fairy, Marzipan, and Clara's mother has been dancing for 20 years and says that she has probably performed The Nutcracker for each of those years.

Performances are tomorrow at 7:30 p.m., Saturday at 2 and 7 p.m., and Sunday at 1 and 6:30 p.m. Ticket prices from $18 to $83. Check performance information at projothebeat.com

Watch the projo.video.

The number of home foreclosures in Rhode Island has gotten so bad that several groups are calling for a complete moratorium on them.

Peter Asen, associate director of Ocean State Action, says more than two-thirds of the foreclosures going on right now in Rhode Island are on multi-family homes, often where the tenants have no control over whether mortgage payments are made by landlords, and therefore cannot stop their own evictions.

Ocean State Action, Jobs with Justice and several other groups are among housing advocates threatening to begin blockading foreclosed homes if banks try to evict rent-paying tenants who live there.

The advocates plan to convene outside of 804 Potters Ave., in Providence, at 5:15 this afternoon to issue a warning: try to evict renters at the three-family home in foreclosure there, and banks will face a blockade.

Asen said similar protests are taking place in cities around the country, because housing advocates are frustrated that unlike the banks, working people have received no financial bail-out assistance from the government.

"Even tenants who pay their rent are having the houses they live in being foreclosed on," Asen said, "this is a big problem that we need to raise awareness about."

"This broadly affects whole neighborhoods as well," Asen said. "These homes get vacated and people come in and steal the copper" and vandalize the homes, causing a general decline in city neighborhoods.

"We want to bring together both tenants and home owners to put a moratorium on foreclosures altogether."

Extra: Read Borrowing Trouble, our special report on the impact of foreclosure in Rhode Island, including Foreclosure Fallout, a story about how foreclosure affects renters.

Journal photo / Bob Thayer
Dean T. Holt, president and CEO of Domestic Bank, makes the announcement at a news conference today at Progresso Latino in Central Falls.

By Paul Parker
Journal staff writer

Domestic Bank, as part of a federal penalty for deceptive lending practices, is contributing $1 million to 12 agencies to boost financial-literacy programs.

One of those agencies, the United Way, will chip in $200,000 of its own and redistribute the money as grants to other organizations. The bank also agreed to pay an $850,000 fine to settle a complaint with the U.S. Treasury's Office of Thrift Supervision (OTS).

"It's more than just fulfilling an OTS obligation," said bank president and CEO Dean T. Holt. "I think it's a great opportunity for this bank to work with the community we bank."

Rhode Island's ornament on the official White House Christmas tree, designed by Barrington-based artist Mary Jane Begin, is now up for public view.

The ornament was among those unveiled in a special Christmas tree lighting ceremony held by First Lady Laura Bush at the White House last night. Sen. Jack Reed, Begin and her mother were among those in attendance.

"Rhode Island is known for its outstanding arts community and I am pleased that Mary Jane Begin contributed her time and considerable talents to creating this uniquely Rhode Island ornament," said Reed.

Begin's ornament features Rhode Island's state bird, the Rhode Island Red, ice skating against a night sky backdrop. The sky is the color blue found in the American Flag and is complemented by red and white strips at the top and bottom. The ornament has 50 stars with the largest star representing both Rhode Island and the Christmas holiday.

This year's theme is red, white and blue.

The official 20-foot White House Christmas tree, a North Carolina grown Fraser fir, is on display in the Blue Room of the White House. The tree will be displayed in the White House throughout the holiday season, after which, the ornament becomes part of the White House collection.

By Paul Davis
Journal staff writer

PROVIDENCE -- Robert B. Hackey, professor of health policy and management at Providence College, has been named Rhode Island Professor of the Year by the Carnegie Foundation for the Advancement of Teaching and the Council for Advancement and Support of Education.

The South Kingstown resident has taught at the college since 1999. He was chosen from a list of 300 professors from throughout the United States.

The college announced the award today.

"Coming here was like arriving in the land of milk and honey," Hackey said. "As a faculty member here, you can do things that many of my colleagues at other institutions can only dream about."

It's the second award this year for Hackey. In April, he was named the 2007-08 Joseph R. Accinno Faculty Teaching Award recipient at PC.

The U.S. Professors of the Year program salutes the most outstanding undergraduate instructors in the country. It is the only national program to recognize excellence in undergraduate teaching and mentoring.

"Every semester, I tell my classes that the college pays me to make their lives uncomfortable so that they might develop, or in some cases discover, talents and skills within themselves," Hackey said.

By Paul Davis
Journal Staff writer

NORTH KINGSTOWN - Got a beef with your boss? Think a councilman is crooked?

Town employees, vendors and even students can now complain online about government abuse -- without fear of retaliation.

The complaint form is a few mouse clicks away, and users don't have to leave a name. A toll-free hotline -- 888-279-1904 -- is also available.

Town Manager Michael Embury says the Web-and-phone approach, launched a few weeks ago as part of a whistleblowers' policy, is the first in the state.

"We wanted to make it easier for people to voice their concerns," said Embury. "It's a less intimidating process than coming in and handing something over to a town manager or a superintendent."

The forms are advertised on the town's Web site, www.northkingstown.org. Visitors can choose from a variety of charges, from the serious to the outright criminal: conflict of interest, violation of policy, discrimination, harassment, falsification of contracts, substance abuse, theft and embezzlement.

Residents should try traditional channels first. "Everyone is encouraged to use the 'chain of command' to report problems or resolve disputes," the new site says. But those who fear retaliation can rely on the anonymous reporting system, which is handled by EthicsPoint, an Oregon-based company.

The complaints are reviewed by Embury, the school superintendent and members of the town Audit Committee, depending on the charges. A complaint involving the town manager or superintendent may be made directly to the Audit Committee through the EthicsPoint hotline or Web site.

Residents can use a password to track the progress of their complaint.

By Gina Macris
Journal staff writer

TIVERTON -- Deer have run into three of the town's police cruisers in the last 10 days, smacking the front of one car and causing minor damage to the sides of two other vehicles. The repair bill will exceed $5,000, according to Police Chief Thomas Blakey.

No one was injured, Blakey said.

He warned motorists to drive with caution in wooded areas in Tiverton and other rural communities, where the mating season brings on erratic behavior by deer, which are normally cautious animals.

Nationally, 231 people were killed in auto collisions with deer last year, Blakey said.

Locally, auto body shops have reported an increase in business due to car-deer collisions. The state Department of Environmental Management also has issued a warning to watch out for deer on Rhode Island roads.

Shotgun season for deer hunting starts Saturday.

Edward Marcelli, of Woonsocket, has pleaded guilty to orchestrating a check-fraud scheme in which he and other individuals used bad checks at retail stores in Rhode Island, Connecticut, and Massachusetts to purchase more than $280,000 worth of merchandise. Three other defendants have pleaded guilty to their roles in the scheme.

U.S. Attorney Robert Clark Corrente announced the guilty plea, which Marcelli entered today before U.S. District Court Judge William E. Smith in U.S. District Court, Providence.

At the plea hearing, Assistant U.S. Attorney Andrew J. Reich said the government could prove that, in 2004, Marcelli devised a scheme in which he and others opened bank accounts with false address information and minimal deposits, and then purchased goods with worthless checks.

To carry out the scheme, Marcelli provided his collaborators with leases reflecting fake addresses, they obtained identification documents with the addresses reflected in the leases, opened bank accounts, typically with a deposit of $100 or less, and then bought merchandise with thousands of dollars in worthless checks.

Suneet Sharma, whose age and address were not available, Sterling Chapman, 47, of Augusta, Maine, and Michael Luchessi, 42, of Woonsocket, have pleaded guilty to participating in the fraud scheme. All are awaiting sentencing.

Marcelli admitted that, in June 2004, he drove with Sharma to a Connecticut Department of Motor Vehicles office so Sharma could obtain a Connecticut driver's license, using a lease agreement that falsely represented that Sharma lived at an address in Connecticut. A few days later, Marcelli went with Sharma to a People's Bank in Williamantic, Conn., and opened an account with a $100 deposit. They then went to retail stores in Massachusetts, Connecticut, and Rhode Island and purchased merchandise with 48 worthless checks totaling $80,256.

Marcelli, 32, of Third Avenue, Woonsocket, pleaded guilty to conspiracy. The maximum penalty is five years in prison and a $250,000 fine. He is free on bond pending sentencing, which is scheduled for April 17.

Sharma, Chapman, and Luchessi have pleaded guilty to interstate travel to execute a fraudulent scheme. The maximum penalty is 10 years imprisonment and a fine of $250,000 or twice the amount of gain or loss. They are also free on bond pending sentencing.

In September, a criminal complaint alleging fraud was filed against Marcelli's wife, Paula Marcelli, but the charges against her have not been resolved. She is accused of floating $49,372 in worthless checks to buy merchandise.

By Tatiana Pina
Journal staff writer

PAWTUCKET _ The family of a 62-year-old man killed in August as he walked to catch a bus to work is offering $5,000 to the person who provides information that leads to the killer's arrest and conviction.

Carl M. Seebeck, who was the manager of the Metro-Park Garage at the Amtrak Station in Providence, was walking along Broadway at 4:30 a.m. to catch a bus to work when someone shot and killed him in front of Berry Uniform Co. He is the brother of Detective Capt. John Seebeck, a 34-year member of the force who administers the prosecution bureau.

Today, family members returned to the site where Carl Seebeck died to announce the reward.

Gary Reis, a friend of the Seebeck family and the president and owner of Med Tech Ambulance Service of Pawtucket, donated the money in hopes it would encourage someone to come forward with new information. "I just hoped that the money would help flush somebody out," Reis said. "This guy was just going to work. He was a simple guy. He had been in Vietnam and had been though everything you can imagine. To get killed while you are getting a bus is disturbing," Reis said.

Carl's brother Stuart Seebeck, 53, of West Warwick, said the family would not rest until it finds the person who killed him. "He worked 60 hours a week. He didn't have any enemies. He didn't drink. He didn't do drugs. His money was in his wallet (when they found him). My whole family. We will never stop looking for the person who did this to my brother."

Detective Ray Johnston said the case is on going. "We continue to pursue any and all leads regarding the case. "I'm hoping someone comes forward with good information. Anyone with information regarding Seebeck's death is asked to call Johnston at (401) 727-9100 extension 769 or Detective Lt. Daniel Mullen at extension 723.
`

The 7to7 news blog will be officially off duty on Thursday, the Thanksgiving holiday.

While that means we won't be blogging our usual local news items during the day, projo.com will update as usual with stories from The Providence Journal newspaper, sports blogs, national and international news, and, as warranted, major local breaking news.

And there's a cornucopia of content on site related to the holiday.

We've set up a special Thanksgiving page to collect recipes, cooking tips, turkey hotlines, stories, events listings and even restaurants that are open for the holiday.

Plus, there's Turkey Day HS GameTime coverage of the local football games.

And if you're looking for something to do with the relatives in town, check out our calendar, projothebeat.com.

You can, of course, continue to add your comments to our stories, upload photos and take advantage of our interactive features.

We'll be back Friday morning at 7.

Journal photo / Sandor Bodo
Sally Philips, co-chair of the Blithewold Christmas event, reaches out and adjusts an ornament on the large tree that rises up to the stairway balcony.

Your turkey isn't yet on the table, but around the region, the holiday season is in full bloom.

Preparations for Christmas at Blithewold: This Bright and Merry Wood are under way as the mansion is decorated for the holidays with trees, garlands, candles, and various items to recreate a period Christmas atmosphere. The event starts Friday from 1 to 8 p.m. at Blithewold Mansion, Gardens and Arboretum, in Bristol.

The exhibit theme pays tribute to the flowers, shrubs and trees of Blithewold's gardens and arboretum, featuring the 18-foot tree in the main hall and more than 30 decorated trees.

And in Attleboro, the La Salette Shrine opens its annual Christmas lights exhibit on Thanksgiving day. Every year a new design is unveiled to the 250,000 visitors the shrine receives during the holiday season. Festival of Lights runs from 5 to 9 p.m., Nov. 27 to Jan. 4.

See more ways to celebrate Christmas in Rhode Island at projothebeat.com

Old and new Middletown residents are invited to a Thanksgiving bonfire tonight from 6:30 to 8:30 p.m. at Sachuest Beach.

Organizers says it's an opportunity for those returning to the community for the holiday to gather and reconnect.

Among the planned activities are hay rides and face painting. Baked goods will also be available. And unlike summer days on the beach, there's no admission fee, and free parking.

And if you're looking for more ways to celebrate Thanksgiving in Rhode Island, check out projothebeat.com.

By Tatiana Pina
Journal staff writer

PROVIDENCE -- The murder trial of Gilbert Delestre, who is accused of beating his girlfriend's nephew to death, wrapped up early today. Testimony of the medical examiner who conducted the child's autopsy is expected tomorrow.

Retired Woonsocket Police Detective Sgt. Todd Brien finished giving testimony in Superior Court about the videotaped interview he conducted with Delestre, 27, who is charged with first-degree murder and conspiracy for the beating death of 3-year-old Thomas "T.J." Wright.

Prosecutors say Delestre and Katherine Bunnell inflicted such a beating on T.J., after getting home Oct. 30, 2004 and finding a mess in their living room in Woonsocket, that he suffered broken bones, bruises and head injuries so severe his brain shifted inside his skull. He died Oct. 31. Bunnell was convicted of second-degree murder in May and was sentenced to life with the possibility of parole.

A day before T.J. died, Delestre, who had been uncooperative with other police officers, spoke with Brien, whom he had gotten to know through a police basketball league Brien was running years earlier. In the interview held at police headquarters, Delestre admitted he hit T.J. and that the child fell down the stairs.

According to a typed transcript of the interview, Delestre says, "...then we went upstairs, like I was walking away from him upstairs and then I tapped him in the head and he like fell like 6 stairs down, and he fell backwards, so then I, I went over, I see him and then he like he got unconscious right away. I put him upstairs, you know, I was talking to him, he was looking at me, everything; you know he, he said, I told him to say something, you know. He said 'yes', you know."

I didn't mean it you know, it's to tap him in the head or nothing, its just I was mad, I just tapped him, and he just fell backwards..."

"I was trying to catch him, you know, but I was drunk," he told Brien.

Brien asks him if he threw T.J. when he was downstairs as baby sitter Kayla Roderick, 19, alleged. Delestre said no.

Delestre is expected to take the stand Wednesday. Judge Netti C. Vogel told jurors they would be dismissed early Wednesday and that they would not meet Friday, the day after Thanksgiving. She said she expected the case to conclude on Dec. 2 followed by their deliberations.

By Tom Meade
Journal staff writer

Farm Fresh Rhode Island, a network of food and fiber growers, is promoting four farmers markets that will be open this weekend, providing fresh food for Thanksgiving Day.

Among their offerings will be eggs, cheese, bread, pies, and meat.

Seasonal vegetable include winter squash, potatoes (sweet, red, or white), kale, collard greens, leeks, salad greens, onions and garlic. Local honey may also be available.

Open tomorow:

Hope High Farmers' Market
9:30 a.m. to 12:30 p.m.
In front of Hope High School, at the corner of Hope and Olney Streets in Providence.

Pawtuxet Village Farmers' Market
9 a.m. to 12 p.m.
In the parking lot at Pawtuxet Village, 60 Rhodes Place at Cranston

Aquidneck Growers' Holiday Market
9 a.m. to 2 p.m.
Newport Vineyards & Winery, 909 East Main Rd. in Middletown

Open Sunday:

Coastal Growers' Holiday Market
10 a.m. to 2 p.m.
Casey Farm, 2325 Boston Neck Rd. in Saunderstown

NYT Photo

The City of Newport has closed the Cliff Walk from Ruggles Avenue to Marine Avenue, starting today, to facilitate repairs.

The city says the area will reopen Nov. 24. Pedestrians on the Cliff Walk will be detoured down Wetmore during construction.

By Randal Edgar
Journal staff writer

WARWICK -- A convenience store on Greenwich Avenue today became latest business to be robbed by a man claiming to have a gun, the police said.

The suspect entered the Greenwich Avenue Shell store at about 2:30 a.m., told the clerk he had a gun under his sweatshirt and asked for the all the money, said Police Lt. Michael Higgins.

After taking the money, the suspect walked in a southerly direction away from the store and got into a car on Chapmans Avenue, driving away with the headlights off, Higgins said.

Higgins described the suspect as a white male, about 5-feet-6 to 5-feet-10 inches tall, in his mid-to-late 20s.

A day earlier, a man said to be in his 50s robbed the Dunkin' Donuts coffee shop at 860 Post Road. And the day before that, a man said to have been in his 50s robbed the Dunkin' Donuts on Jefferson Boulevard.

Higgins said the police are investigating the robberies and don't know if they are related.

By Art Martone
Journal Sports Editor

Rotoworld.com has posted an item that, according to a Kansas City radio station, the Red Sox have traded Coco Crisp to the Royals for reliever Ramon Ramirez.

Click the link to view Ramirez' profile, via projostats.com.

The trade of Crisp would leave only three major-league-ready outfielders -- Jason Bay, Jacoby Ellsbury and J.D. Drew -- on the Red Sox' roster, leading to speculation that a deal for, or the signing of, another outfielder, such as Rhode Island native Rocco Baldelli, is imminent.

By Michael Stanton
Journal staff writer

Domenic Lombardi, 74, a prominent long-time mob associate and West Warwick property owner, is one of four more people to be arrested in Operation Mobbed Up.

Lombardi is accused of selling Vicodin out of a West Warwick shopping plaza that he owns. In the same plaza, authorities say, Lombardi also leases space to a drug-rehab clinic for people trying to beat their addiction to, among other drugs, Vicodin.

Lombardi was arrested last night in Florida, where he was vacationing, by Osceola County sheriffs.

"He's had an illustrious career with law enforcement,'' said Lt. Col. Steven G. O'Donnell. "It spans decades, and numerous crimes including arson and drugs. He's been a thorn in the side of law enforcement for years.''

Lombardi is currently on a suspended sentence for a previous drug conviction, which means he faces prison as a violator once he is returned to Rhode Island from Florida. A hearing is scheduled for tomorrow to determine if Lombardi will waive extradition to Rhode Island, according to O'Donnell.

The state police also arrested two others later yesterday -- Stephen Wahl, 46, of 40 Hope St., Tiverton, on racketeering and drug charges, and Devon McDonald, 24, of 183 Ocean St., Providence, for larceny.

This morning, the state police arrested Curtis Ruiz, 44, of 33 Derby St., Cranston, and charged him with racketeering, conspiracy and delivery of narcotics.

O'Donnell said that authorities are looking for one more suspect. Then they will pursue additional charges against those already arrested, which could, in turn, lead to more arrests.

View photos of the original group of arrestees, and a 2007 special report on the State of the Mob in Rhode Island.

By Bruce Landis
Journal staff writer

PROVIDENCE -- The state transit authority's board of directors this afternoon approved service reductions affecting 47 of its bus routes and eliminating about 20 bus drivers' jobs.

Rhode Island Public Transit Authority officials said the reductions would save about $900,000 this fiscal year, or about $2 million per year. However, they would not begin to address the estimated $8-million budget deficit which could force much larger service cutbacks within a few months.

On the other hand, Board Chairman John Rupp said he is optimistic that state government will come up with enough money to get RIPTA to the end of the fiscal year, June 30, without those cutbacks.

Where officials said yesterday's cutbacks would eliminate only 2 percent or less of RIPTA's bus service, the cuts that would be needed to cover the deficit could take as much as 20 percent.

General Manager Alfred J. Moscola said there are eight vacancies among the roughly 380 drivers' jobs. That could leave the other 12 drivers vulnerable to layoffs unless retirements made up the difference.

By Tracy Breton
Journal staff writer

PROVIDENCE -- Victims of The Station nightclub fire aren't going to get any of their settlement money in time for Christmas.

It appears, in fact, that it will be next spring at the earliest, that any funds will be distributed.

A federal magistrate judge, David L. Martin, met this afternoon with lawyers for the victims and the dozens of parties they sued in connection with the February 2003 fire. Representatives of both sides said they'd reached agreement on the next steps to be followed as they try to wrap up the litigation.

Providence lawyer William A. Poore will be appointed special master on behalf of the 181 minors who are slated to receive part of the $176 million that has been offered to settle the 11 federal lawsuits brought by those who lost loved ones or suffered injuries in the fire. During the next 45 days, Poore will confer with a Duke University law professor who has devised a matrix for distributing the $176 million. His job will be to review the matrix to see if it seems fair to the minors.Then Poore will submit a report to the court and the professor, Francis E. McGovern, will submit his grid for court approval.

At some point later in the proceedings, the victims' lawyers plan to ask the court to appoint Poore as guardian ad litem for the minors which will give him additional duties regarding the proposed distribution of funds.

Martin scheduled another status conference with all of the lawyers for Jan. 5 at 2 p.m.

Lawyers for the more than 300 plaintiffs who stand to receive settlement money had hoped to be able to distribute the funds by year's end. But there have been some unexpected delays: Senior U.S. District Court Judge Ronald R. Lagueux, who is presiding over the mass tort cases, has been out ill for several months, and some of the lawyers for the parties who have offered to settle are questioning whether more than one guardian ad litem should be appointed for the minors. They've expressed concern that some minors could try to re-open the lawsuits once they become adults to try to get additional compensation; they've told the court that they want protection against that happening.

In court today, Providence lawyer Mark Mandell, who represents many of the fire victims, told Martin that "we want to move this forward as much as we can." Everyone, he said, is committed to effectuating a closure to this case "so our clients can get their measure of justice as soon as possible." But there are still things that need to be done to wrap things up, he said.

>> Continue reading: More delays for Station fire victims' settlements

By Timothy Barmann
Journal staff writer

National Grid has proposed an even bigger decrease in natural gas rates because of falling energy prices.

The utility company's proposal would lower the bill of a typical residential customer by about $11 a month, or 8.3 percent, according to a filing the company made to the Public Utilities Commission on Oct. 31.

The bigger decrease reflects a drop in the price of natural gas futures of about 12 percent over the past two months, according to figures from the Energy Information Administration, part of the U.S. Department of Energy.

The company's calculation is based on the consumption of 860 therms over an 11-month period, beginning Dec. 1.

A previous filing, made in September, proposed a rate decrease of about $6 a month, or about 4.6 percent.

However, customers may not see much of a decrease in their bills because of a separate proceeding in which National Grid is seeking to raise distribution rates by about 5 percent.

Those charges, which are separate from those for the gas itself, cover the company's cost of operating and maintaining the gas distribution network.

In that proceeding, National Grid said it wants to raise rates by $18.7 million annually, in order to speed up replacement of aging gas lines and to create a discount for low-income customers. National Grid is also seeking changes in the natural gas rate structure to protect itself from revenue losses that result from the conservation efforts of its customers.

The distribution rate has not been raised in 10 years.

The Division of Public Utilities and Carriers, the agency that represents ratepayers in utilities cases, has argued for a lower distribution rate increase -- $8.7 million.

The PUC has already held extensive hearings on the distribution rate proposals. The commission is expected to make a decision on the proposed increase and the decrease by Nov. 30.

The new rates would go into effect on Dec. 1.

As for electricity rates, National Grid said it plans on proposing new rates in the middle of November.

Those rates are likely to reflect a decrease in energy costs, but also an increase in transmission costs.

Electricity rates have remained unchanged since they were raised by 21.7 percent in July.

Journal photo / Mary Murphy

The hull of the unfinished tall ship Oliver Hazard Perry is docked at Bowen's Wharf this morning after it completed its voyage from Amherstburg, Canada. Its owners, Tall Ships Rhode Island, plan to transform it into a 207-foot Tall Ship to represent all of Rhode Island.

The goal is to have the Oliver Hazard Perry sailing by 2010.

The 132-foot hull was towed from Ontario to Narragansett Bay, a 800-mile journey.

The nonprofit bought the steel hull in September and intends to build it into a 207-foot, three-masted, square-rigged 19th-century warship replica named after Rhode Island's naval war hero, Oliver Hazard Perry.

Perry, who was born in Rhode Island and lived in Newport, was a Navy commodore who led the U.S. fleet to a key victory on Lake Erie during the War of 1812. During the battle, he captured the HMS Detroit. The Canadian group built the hull for a planned replica of the Detroit, before having to abandon the project due to lack of support.

Journal photo / Kathy Borchers

Douglas Young, 4, is delighted to try out the driver's seat of a fire truck under the supervision of Matthew DelBonis, from Rescue 2.

Firefighters from Warwick's Ladder 1, Engine 9 and Rescue 2 were at Drum Rock Early Childhood Center in Warwick this morning, teaching the 107 students, ages 3 to 5, about fire safety. They showed the kids the fire trucks and gear during the hour-long session supervised by principal Kathryn Keenan.

See the video by Kathy Borchers

With federal authorities stepping up immigration enforcement raids across the country, Sens. Edward Kennedy of Massachusetts and Robert Menendez of New Jersey are sponsoring a bill to protect the rights of U.S. citizens and legal residents who get caught up in them.

The Protect Citizens and Residents from Unlawful Raids and Detention Act was introduced on Sept. 25 to push for more stringent legal procedures to be followed by authorities executing immigration-related searches and warrants.

Immigration officials have conducted a series of high-profile workplace raids across the country in recent months, including one earlier this week at a poultry processing plant in Greenville, S.C.

The two Democratic lawmakers argue that the raids are often conducted in a sweeping fashion that nets lawful residents and U.S. citizens who happen to be working alongside undocumented immigrants. Those who can't produce papers such as a birth certificate or passport proving U.S. citizenship or legal residency are often detained.

The legislation would require immigration agents to advise people being detained of their rights, including the option of remaining silent or seeking legal counsel, similar to what police officers must do in arresting criminal suspects.

In Rhode Island, federal immigration authorities in July arrested 31 suspected illegal immigrants who worked at six courthouses throughout the state. A month earlier, authorities arrested 42 suspected immigration violators in Newport and Middletown.

"It certainly seems it's a step in the right direction," Providence Catholic Bishop Thomas Tobin, who has called on U.S. immigration authorities to halt mass immigration raids, said of the proposal.

-- By the Associated Press

>> Continue reading: Kennedy, N.J. senator want immigration-raid guidelines

The State Department of Transportation said vehicles on the Simmonsville Avenue Bridge, over Simmons Brook in Johnston, are now restricted by weight. The bridge carries approximately 5,000 vehicles per day.

RIDOT will limit weight on the bridge to 11 tons for two axle vehicles, 15 tons for 3 axle vehicles, and 22 tons for 5 axle vehicles. Signs announcing the posting will be installed next week.

Journal photo / Kathy Borchers

A huge pumpkin awaits transport in the back of a pickup while some of the growers admire it, including Dick Wallace, at left, Joe Jutras, of North Scituate, fourth from right, last year's World Record winner with his 1,689 pound pumpkin, Pete Rondeau, of Coventry, next to him, and Ron Wallace, of Coventry, far right, the 2006 World Record winner with his 1,502 pounder.

The Southern New England Giant Pumpkin Growers conduct their annual weigh-off at Frerichs Farm in Warren tomorrow.

Today, some of the contestants will be transporting their giant pumpkins to Warren. In a neighborhood off Hopkins Hill Rd. in Coventry, there are several contestants.

Beginning Tuesday -- when state workers get back from the Columbus Day holiday -- the Division of Motor Vehicles is changing its hours.

The Woonsocket DMV branch will be closed on Mondays, the Warren branch will be closed on Wednesdays and the West Warwick branch will be closed on Fridays.

A news release from Gary Sasse, the Department of Revenue director, said the changes will allow DMV "to better staff the Pawtucket branch while maintaining existing services at all other branches." It said the changes "will not reduce the services available at any of the DMV branches."

The new schedules at DMV branches will be:

Pawtucket, 100 Main St.:
Monday-Friday, 8:30 am to 3:15 pm

Middletown, 73 Valley Road:
Monday-Friday, 8:30 a.m. to 3:30 p.m.

Wakefield, Stedman Government Center, Tower Hill Road:
Wednesday and Thursday, 8:30 a.m. to 3:30 p.m.

Warren, 1 Joyce St.:
Tuesday, 8:30 a.m. to 3:30 p.m.

Warwick Express, Rhode Island Mall:
Tuesday-Friday, noon to 7:30 p.m.
Saturday, noon to 4:30 p.m.

West Warwick, 1237 Main St.
Monday-Thursday, 8:30 a.m. to 3:30 p.m.

Westerly, Ocean Plaza, 62 Franklin St.:
Monday, Tuesday and Friday, 8:30 a.m. to 3:30 p.m.

Woonsocket
217 Pond Street (Dept. of Labor and Training Building)
Tuesday-Friday, 8:30 a.m. to 3:30 p.m.

For what services are provided at various branches, go to www.dmv.ri.gov.

Rhode Island State Police Financial Crimes Unit yesterday arrested Elaine T. Walmsley, 61, of 263 Sandy Lane, Warwick, on the felony charge of embezzlement over $100.

The arrest was the result of a two-month investigation into a complaint filed by the Diocese of Providence subsequent to an audit of St. Kevin Parish and School accounts. St. Kevin's is located in Warwick.

According to State Police, the investigation revealed that church and School checking accounts had been utilized to pay more than $69,000 to Walmsley's American Express credit-card account.

"Further investigation revealed additional checks from the St. Kevin's Parish and School accounts made payable to the benefit of Ms. Walmsley in excess of $20,000.00," said State Police Lt. Lieutenant David S. Neill. "Walmsley had been the sole bookkeeper for the Parish since 2002. The payments to her American Express account dated back to 2003 and continued until being discovered by auditors."

Walmsley was arraigned before Judge Mary McCaffrey in 3rd Division District Court and released on $20,000 personal recognizance. A pre-arraignment conference is scheduled for Nov. 17, 2008 at Kent County Court House.

By Felice J. Freyer
Journal Medical Writer

The Health Department has reprimanded the Miriam Hospital after identifying a confluence of missteps that led a surgical team to operate on the wrong knee last month.

The problems included marking surgical sites with ink that sometimes washes off and failing to verify the site against the original source of information.

But Dr. David R. Gifford, health director, said an underlying issue was the hospital's "culture"-- a failure to appreciate the importance of patient-safety measures. For example, on a pre-surgical checklist, a nurse drew a vertical line through several boxes rather than checking off each individually.

In a consent agreement signed yesterday, the hospital pledged to make several changes in policy and procedure and to hire a patient-safety consultant.

"We need to do the technical fixes," Gifford said. "I'm [also] trying to get at the underlying culture."

"It's not that Miriam doesn't have a culture of safety," said Dr. Kathleen Hittner, hospital president. "Of course we have a culture of safety." The nurse who drew the line through the boxes may have diligently checked each item, but just filled the form quickly, because there are so many forms, she said.

The culture change that's needed, Hittner said, involves making sure that "people speak up and tell us what is going." For example, no one informed the hospital administration that the pens used to mark surgical sites sometimes blurred during preparation for surgery.

"We have a very hard-working dedicated staff," Hittner added. "We have great people here who do a wonderful job. I'm very proud them."

Meanwhile, after learning of the Health Department's findings, the U.S. Centers for Medicare and Medicaid Services has notified Miriam that it is "not in compliance" with requirements to participate in the federal program and that the deficiencies are "of such a serious nature as to substantially limit your hospital's capacity to render adequate care."

CMS, which has lately taken a hard line against medical errors, has hired the Health Department to conduct a top-to-bottom survey of the hospital and required it to correct any deficiencies before its standing with Medicare can be restored.

Gifford said that the on-site portion of that survey is being completed today, and that there was no reason to think that Miriam would lose its right to accept Medicare patients.

The incident occurred on Sept. 19, when a 60-year-old came to the hospital's outpatient surgical center for arthroscopic surgery on the knee to treat arthritis and a meniscal tear. Shortly before surgery, the surgeon met with the patient, discussed the surgery, and correctly marked her left knee with the word "yes."

Then, a nurse mistakenly placed a tourniquet on the wrong knee, and the wrong knee was prepped for surgery. In the operating room, the surgical team performed the required "time-out" and went down a checklist of items, but failed to make sure that they were about to operate on the correct knee.

The error was first discovered by the patient when she awakened from surgery. At the patient's request, the hospital then performed the surgery on the other knee.

The Board of Medical Licensure and Discipline and the Board of Nursing are investigating whether to take disciplinary action against any of the professionals involved.

Maple trees begin to work their magic above the footpaths in Slater Park in Pawtucket. Journal photo / Bob Thayer

Have you been outside lately? It's a beautiful fall day in Rhode Island, sunny and a warm 72 degrees.

Today marks the beginning of a warming trend in the region, as the five-day forecast calls for temperatures in the low 70s and high 60s through the entire Columbus Day weekend. Forecasters are saying we can count on the sun to stick around through most of the three-day weekend, if you're lucky enough to have Monday off.

Journal photo / John Freidah
Federal judge Mary Lisi ruled in December that a painting, forcibly auctioned by the Nazis, rightfully belongs to the estate of a late Jewish art dealer. Lisi ordered Maria Louise Bissonnette, above, a German baroness now living in Providence, to hand over the painting to the estate of Max Stern. The painting, in the below photo provided by Concordia University, is by Franz Xaver Winterhalter, (1806-1873), and is entitled "Girl from the Sabiner Mountains."

By Edward Fitzpatrick
Journal staff writer

PROVIDENCE -- Lawyers this morning debated whether a German baroness who lives in Providence will be allowed to hold onto a painting that a judge says was unlawfully taken from a Jewish art dealer in Nazi Germany 71 years ago.

The 84-year-old baroness, Maria-Louise Bissonnette, looked on as lawyers argued during a rare visit by judges from the Boston-based 1st U.S. Circuit Court of Appeals. As part of the centennial of the federal courthouse in Kennedy Plaza, three federal appellate judges were in Providence to hear arguments in five cases.

The court session began with Bissonnette's lawyer, David A. Levy, asking the 1st Circuit to overturn a December ruling by Chief U.S. District Judge M. Lisi, who ordered Bissonnette to turn the painting over the estate of the late Max Stern.

Stern was ordered to liquidate his family's Dusseldorf art gallery in 1937 because he was Jewish, according to court records. Bissonnette's step-father, Dr. Karl Wilharm, bought the painting at auction, and Bissonnette inherited the painting from her mother's estate, court records show. The oil painting, by Franz Xaver Winterhalter, is titled Girl from the Sabiner Mountains.

Levy said the painting had either been "purchased or stolen." And that prompted Circuit Judge Kermit V. Lipez to say, "There is no dispute about ownership, is there?"

"Well," Levy said, "I'm not quite in agreement with the court." He said Bissonnette inherited the painting, and the Stern estate "literally stumbled on the painting."

Senior Circuit Judge Bruce M. Selya said Levy's brief "does not contain a single word" contesting ownership of the painting. Rather, he noted Levy's brief argued that Stern and his estate waited too long to pursue the claim and "did not exert sufficient efforts" to try to reclaim the painting. Levy's brief also argued that Bissonnette should have been allowed to reopen the process of obtaining information from the other side.

A lawyer for Stern's estate, Thomas R. Kline, told the judges, "The question of theft is one of historical fact based on the activities of the Third Reich."

In his legal brief, Kline said the Reich Chamber of the Fine Arts, an official organization of the Nazi government, began sending letters to Stern in 1935, demanding he liquidate his gallery. In 1937, Stern received a final order to dissolve the gallery through a Nazi-approved auction house, and a Cologne auction house sold Stern's paintings in November 1937 at below-market value. Stern fled to Paris a month later and never received any money from the sales, he said.

Kline objected to the notion that Stern's estate "stumbled upon" the painting, saying, "The very first time the painting was made available for sale, it was found."

Bissonnette's stepfather hung the painting in his home and kept it in his private collection, except for one exhibition in Germany in the early 1950s, Kline's legal brief said. In 2006, Stern's estate learned the painting was being offered for sale by a Cranston auction house, which had received the painting on consignment from Bissonnette. And the auction house withdrew the painting from auction block after being contacted by an art recovery company hired by Stern's estate, according to Kline's brief.

After the hearing, the Journal asked Bissonnette and her husband, Conrad, why she should be allowed to keep the painting. "Her father paid for it," Conrad Bissonnette replied. He noted that 71 years had passed and that the painting had been displayed in a museum in Germany at one point.

"That was a legal sale," Maria-Louise Bissonnette said. She said she still has documents from the Lempertz Auction House in Cologne.

When asked if it was a forced sale, she said, "No. Not really. He had two-and-a-half years to dissolve his gallery and sell the painting."

Is it getting tougher to get a loan?

Journal reporter Paul Edward Parker is looking for consumers who have found that getting a loan is getting more difficult. He wants people who have not had difficulty in the past getting a mortgage, home equity loan, car loan or student loan, but now are being asked for extra documentation, having to put more money down, having to pay higher rates, being denied or other problems.

Contact Parker at pparker@projo.com.

By Neil Downing
Journal MoneyLine columnist

The bailout bill approved and signed into law by President Bush includes a bunch of tax breaks, some of which will directly affect thousands of Rhode Islanders - including parents of college students, schoolteachers, homeowners and IRA owners.

Here's a brief look at some of the breaks:

• Tuition and Fees: In general, you may claim a federal income-tax deduction of up to $4,000 for college tuition and fees. If you meet certain income limits, you may claim the break whether you list your deductions separately (a process known as "itemizing," on Schedule A of your U.S. Form 1040) or simply claim a lump-sum deduction called the standard deduction.

The tuition-and-fees break expired last year. The bailout bill extends it through this year and next, said Mark A. Luscombe, a lawyer and principal analyst for tax publisher CCH Inc., a Wolters Kluwer business.

More than 18,000 Rhode Island filers claimed this break on their federal returns each year before it expired, Internal Revenue Service figures show. If you claim it, you'll automatically get a tax benefit for it on your Rhode Island return, state Tax Administrator David M. Sullivan said.

• Schoolteachers: If you're a schoolteacher, you generally may claim a deduction of up to $250 for classroom materials you buy on your own, without reimbursement. The break was available whether you itemized or claimed the standard deduction. But it expired last year. The bailout law extends it through this year and next, Luscombe said. About 16,000 Rhode Island filers claimed this break on their federal returns each year before it expired. By claiming it on your federal return, you'll automatically get a benefit for it on your Rhode Island return, Sullivan said.



• Property Tax: If you used the standard deduction, you couldn't claim a federal income-tax deduction for local property tax. But a law enacted this summer says that if you claim the standard deduction, you may deduct up to $500 in property tax if you're single, $1,000 if you're married - for this year only. The bailout law extends this break through 2009.



• IRAs: If you're 70 ½ or older, you may transfer up to $100,000 a year of your IRA directly to a charity without triggering any tax on the transfer. This break, popular among MoneyLine readers, expired last year. But the text of the new bailout law makes it clear that the deal is available for this year and next.



• Sales Tax: If you itemize, you had the option of deducting your sales taxes instead of your state income taxes. The sales-tax option expired last year, but the bailout law extends it through this year and next. About 15,000 Rhode Islanders chose the sales-tax option each year before it expired, IRS figures show.



• AMT: You're supposed to calculate your federal return two ways: first, under the usual set of rules, then under a stricter set of rules required by the alternative minimum tax (AMT) system. You pay whichever results in the higher amount of tax. More and more people are subject to the AMT. Special relief from the AMT expired last year. The bailout law extends the relief through this year, and adds a cost-of-living feature, Luscombe said.

By Mike Stanton
Journal staff writer

PROVIDENCE -- The jury just asked a question of the judge in its fourth day of deliberations in the corruption trial of two former executives for the Roger Williams Medical Center.

The jurors asked Chief District Court Judge Mary Lisi for clarification on the second count of the indictment, which is the lone count against Frances P. Driscoll.

They asked the judge to clarify the meaning of "willfully" and "voluntarily" in Count 2 , which charges Driscoll, the former hospital vice president with aiding and abetting her co-defendant, Robert A. Urciuoli, in a scheme to steal the honest services of a state senator, John Celona.

Lisi said that the first question regarding Count 2 was too broad for her to answer, and for guidance on their second question, the judge referred jurors to her instructions.

Urciuoli, the hospital's former president and CEO, and Driscoll, former vice president for marketing, were charged with corruptly hiring Celona, of North Providence, to perform political favors.

The defense maintained that Celona was legally hired to perform valid work promoting the hospital and its affiliates to senior citizens.

Read more about the trial and the federal investigation.

The heavy rains forecasted this weekend have prompted the organizers of the Oyster Festival at Hemenway's Seafood Grill & Oyster Bar in Providence to cancel the event.

The free event was to mark it's fourth anniversary this weekend. For the second year in a row, all proceeds were to benefit the Ronald McDonald House of Providence.

Organizers for the Providence Rotary Street Painting Festival have postponed this weekend's event to next weekend, in anticipation of rain.

The event, involving 200 artists, amateurs and professional, children and adults, will now be held Oct. 4, 11 a.m. to 10 p.m., in the outdoor Bank of America Skating Center in downtown Providence. For more information, visit www.providencestreetpainting.com.

Projo.com photo / Pamela Reinsel Cotter

Two days of battering rain storms took their toll on this tree -- and another beside it -- on Candlewood Drive in North Kingstown overnight.

According to the Community Collaborative Rain, Snow & Hail Network, 1.65 inches of rain fell yesterday alone in North Kingstown.

The worst part for these homeowners -- the house has been up for sale for many months, and now they have another maintenance expense to worry about.

Prom season is just around the corner, and in addition to dress-picking and arranging corsages, there are a few other things prom-goers should keep in mind.

According to the Rhode Island State Police's prom-safety tips, staying safe and sober is easy if students take a few precautions and parents stay involved.

Among the tips:

• Keep an eye on your date/driver to make sure he or she does not drink any alcohol. Alcohol slows reaction time and impairs vision, clear thinking, judgment, and coordination.
• There are more drunk drivers on the roads during the weekend. Keep a close eye on oncoming drivers, as impaired drivers tend to drive toward lights.
• Know where you are going before prom night and have directions to those places.
• After your red light turns green, wait a second before pulling into the intersection, just to be safe.
• Drive on well lit roads, and carry a phone if possible.
• Keep the radio volume turned low enough so your driver can concentrate on getting you to and from the fun.

Journal photo / Bob Thayer
SpongeBob SquarePants greets customers arriving at D. Palmieri's Bakery in Johnston today during its grand reopening. The bakery burned nearly to the ground in a devastating fire in July 2007. Pastries that look the the cartoon character are among the treats the bakery offers.

Journal photo / Bob Thayer
SpongeBob SquarePants greets customers arriving at D. Palmieri's Bakery in Johnston today during its grand reopening. The bakery burned nearly to the ground in a devastating fire in July 2007. Pastries that look the the cartoon character are among the treats the bakery offers.