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Robert A. Urciuoli holds his wife's hand as he leaves court this morning after a jury convicted the former Roger Williams Medical Cente president and CEO of all 36 counts against him.
Video: Watch a video of responses from Urciuoli's lawyer and Frances Driscoll's daughter after the verdict Providence Journal photo by Steve Szydlowski

PROVIDENCE -- A jury this morning convicted former Roger Williams Medical Center president and CEO Robert A. Urciuoli of all 36 counts against him, but acquitted former vice president Frances P. Driscoll of the one count against her.

The pair were accused of stealing the honest services of former state Sen. John A. Celona of North Providence, hiring Celona to do political favors for the medical center.

Urciuoli was convicted of one count of conspiracy and 35 counts of honest-services mail fraud. Urciuoli remained stoic as the jury announced its verdict. One of his lawyers held his hand against Urciuoli's back.

Driscoll was acquitted of the only charge against her -- one count of aiding and abetting the alleged conspiracy. Family members gasped when the jury cleared the 69-year-old grandmother who shattered her arm when she fell on the courthouse steps Sept 22, delaying the trial for almost a week.

The jury had started its fifth day of deliberations when it reached its verdict.

Outside the courthouse this morning, an attorney for Urciuoli said he was disappointed with the verdict but confident it would be overturned on appeal.

The jury's verdict "is completely against the evidence that was presented in this case," said attorney Howard Cooper of Boston.

Urciuoli stood near Cooper. He was hugging his wife, the former Donna Paolino. The Urciuolis declined comment.

Cooper emphasized trial testimony that James McGuirk, an attorney for the Roger Williams Medical Center, had said that it was OK for Urciuoli to hire Celona. He noted there was also a state Ethics Commission opinion supporting his legal advice.

Cooper said he's confident the verdict will be overturned, as it was the first time.

This was a retrial for both Urciuoli and Driscoll. They were convicted in their original trials in October 2006, but the convictions were overturned on appeal. Celona testified at that trial, but did not testify at the retrial, which started with opening statements on Sept. 9.

U.S. Attorney Robert Clark Corrente, also speaking in front of the federal courthouse, said the jury made the right decision regarding Urciuoli.

In regards to Driscoll, he said, "I'm not disappointed. We respect what the jury comes up with."

He commended the two prosecutors: Luis A. Matos and Dulce Donovan, both assistant U.S. attorneys.

Corrente was asked whether not having Celona testify made a difference. "I don't think it played an awfully big role," he said.

Evidence presented in the trial showed that Urciuoli hired Celona despite the concerns of Driscoll and others at the hospital. The prosecution introduced faxes and e-mails from Celona to Driscoll in which the senator said he had worked to kill or promote certain legislation.

Celona was hired by an assisted living center affliated with the hospital, The Village at Elmhurst, and was paid $260,000 from 1998 through early 2004.

Prosecutors say that Celona took steps to kill bills deemed harmful to Roger Williams and to advance legislation that Urciuoli considered favorable.

Celona worked to kill legislation that would have prohibited hospital officials from serving on the board of a for-profit hospital in the event of a merger, according to the U.S. Attorney's Office. Prosecutors said Celona also helped Urciuoli pressure medical insurance companies to increase their reimbursements to Roger Williams for health care services.

But the defense countered that there was nothing illegal in the relationship and that Celona, who was paid between $700 and $1,000 a week, exaggerated his claims. Celona is in prison, serving a 30-month sentence after pleading guilty to federal fraud charges.

Urciuoli remains free on bond pending sentencing, which is scheduled for March 6, 2009.

According to the U.S. Attorney's Office, conspiracy and 17 of the mail fraud counts carry maximum penalties of five years in federal prison and a $250,000 fine. Eighteen of the mail fraud counts have maximum penalties of 20 years imprisonment and a $250,000 fine.

In the original trial, Urciuoli was convicted of all the counts against him, while Driscoll was convicted of one count.

The two appealed the convictions, their lawyers arguing that Senior U.S. District Judge Ernest C. Torres gave the jury instructions that allowed them to convict Celona for work he did that was legal.

The First Circuit Court of Appeals in Boston overturned the convictions in January 2007.

Both were free on bail pending the retrial.

-- Journal staff writer W. Zachary Malinowski

 Tags  Driscoll Roger Williams Medical Center Urciuoli Verdict

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