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Jan. trial date set for teen charged in kneeboarding death

1:59 PM Fri, Sep 19, 2008 |
Brandie Jefferson    Email

By Edward Fitzpatrick
Journal staff writer

PROVIDENCE -- This morning, a judge set Jan. 26 as the trial date for Ryan A. Greenberg, a Barrington teenager accused of striking and killing his friend with a boat on the Barrington River in July 2007.

Greenberg, now 18, has been indicted on charges of second-degree murder, reckless boating with death resulting, underage possession of alcohol and refusal to submit to a chemical test. He has pleaded not guilty.

Authorities say that on July 17, 2007, Greenberg was at the wheel of a motorboat when it struck and killed another Barrington teenager, Patrick Murphy, who had been kneeboarding behind the boat.

Greenberg was 17 at the time, but this past summer, a Family Court judge waived jurisdiction over him, clearing the way for Greenberg to be tried in an adult court.

"My job is to conduct a fair, efficient and orderly trial respecting everyone's rights, on both sides of the case," Superior Court Judge Daniel A. Procaccini said following a status and scheduling conference. "I am setting a tight schedule to allow the things that are required to be done but to keep the case moving along."

Defense lawyers have filed a motion seeking subpoenas so that they can inspect and test five boats, including the 20-1/2-foot-long Sailfish that Greenberg was operating. Procaccini set a hearing for 2 p.m. Thursday, Sept. 25, to consider that motion.

"The tests and examinations are clearly relevant to the issues in this case in which an 18-year-old defendant has been charged with an offense which carries a potential sentence of life imprisonment," lead defense lawyer William P. Devereaux wrote in court documents.

Defense lawyers are seeking permission to examine the Sailfish, which is owned by Andrew W. Davis. They also want to examine a 24-1/2-foot-long Mastercraft ski boat owned by John Edmond Lyons Sr.; the Barrington harbormaster's vessel that responded to the scene; a 22-foot-long Cobalt owned by Gary Maclaine of Barrington, and a 23-foot-long Stingray owned by John H. Devaney III of East Providence.

"The main issue in this case is the manner in which the defendant operated the Davis boat and which vessels may have caused Murphy's injuries," Devereaux wrote. "Therefore, the performance characteristics of the Davis boat constitute essential evidence."

 
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