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August 24, 2006

State fire marshal to testify for Derderian defense

PROVIDENCE -- The state fire marshal is expected to testify for Michael A. Derderian's defense that business owners are not criminally charged in Rhode Island for fire code violations unless they are first cited for that violation, according to court documents filed today by Derderian's attorneys.

The filing hints at one of the strategies to be used by the defense team during the trial, scheduled to begin Sept. 5.

The prosecution has charged Derderian and his brother, Jeffrey Derderian, owners of The Station nighclub, with 200 counts of involuntary manslaughter for the deaths of 100 people during the February 2003 fire. The state claims that Derderian and his brother are criminally negligent in the deaths for using highly-flammable soundproofing foam that violated the state's fire code.

But fire marshal George Farrell is expected to testify that "it is only when no appeal of the notice of violation is taken and the violation is not remedied within a prescribed time period that a criminal complaint is filed against the owner," according to the court filing.

"[Farrell] is unaware of any case as fire marshal ... where any owner was ever criminally prosecuted without first having been provided notice of the violation ..." it states.

But the strategy may be a losing cause.

On a separate motion filed last year, Superior Court Judge Francis J. Darigan Jr. -- the same judge who will preside over this case -- rejected virtually the same argument.

Darigan wrote that prohibiting prosecution for code violations without prior notice "would be inappropriate under the statutes and defeat the very purpose for their enactment in the first instance."

"It is clear," Darigan wrote, "that the legislature intended for building owners, not just building inspectors, to use the Fire Safety Code to insure compliance with standards."

-- projo.com staff writer Steve Peoples

Posted by Steve Peoples at 6:20 PM | Comment

Electric Boat lowers layoff numbers

GROTON, Conn. -- Electric Boat officials said today that the submarine maker expects fewer job cuts than originally anticipated.

The Groton-based company, which employs more than 11,000 people, had said between 1,900 and 2,400 jobs could be eliminated this year because of a decline in submarine design, maintenance and repair work.

But company officials now project 1,400 to 1,700 job cuts, citing additional repair work the company has received.

The company recently finished negotiations for a maintenance project on the USS Miami nuclear-powered submarine. That project was not anticipated when the layoffs were announced earlier this year.

The fast-attack submarine was built by Electric Boat and launched in 1988. It is one of five vessels that make up the Atlantic Fleet's Submarine Squadron 4.

-- The Associated Press

Posted by Steve Peoples at 6:01 PM | Comment

Update: Memorial Hospital and union in mediation

PAWTUCKET – Mediation talks between hospital administrators and union officials have ended for the day "without any progress towards averting a strike," according to a statement released by Memorial Hospital of Rhode Island this afternoon.

The union representing nearly 400 nurses and other health-care workers has issued a 10-day strike notice indicating it may walk out on Sept. 2.

The two sides held their first session today with a federal mediator in the labor dispute. The mediator has requested two more sessions in the hope of avoiding a walkout. It is unclear if and when those sessions will be held.

The hospital is in the midst of reducing the number of patients at the hospital, so that if the workers represented by United Nurses & Allied Professionals, Local 5082, do go on strike the remaining hospital workers can care for a far lower number of patients than is typically at the hospital.

With about 120 patients at the hospital in recent days, Hospital President Frank R. Dietz said this week that the hospital is working to reduce the number of patients to 40.

Posted by Kate Bramson at 5:47 PM | Comment

Providence woman pleads guilty in tax refund scheme

PROVIDENCE -- A Providence woman faces 10 years in prison for filing false income tax returns in 2003.

Ana Holguin, 34, pleaded guilty in U.S. District Court today to conspiracy to defraud the United States, admitting that she filed "returns in the names of other individuals, claiming false earned income tax credits and tax withholdings for fictitious businesses," according to a statement released by the U.S. Attorney's Office.

Holguin admitted to recruiting people to file tax returns and helped create ”Schedule C” tax forms for fake businesses. She reported profits for the fictitious businesses, allowing them to claim earned income tax credits.

Holguin is free on bond pending sentencing, which is scheduled for Dec. 15. She faces a maximum penalty of 10 years in prison and a $250,000 fine.

Posted by Steve Peoples at 4:36 PM | Comment

Bank robber gets 46 months in prison

PROVIDENCE -- A Providence man was sentenced today to 46 months in federal prison for stealing less than $2,000 from an Elmwood Avenue Sovereign Bank branch last year.

Raul Ortiz, 35, pleaded guilty to bank robbery in April. He admitted to entering the Sovereign branch at 520 Elmwood Avenue last December, handing the teller a note demanding money and claiming he had a gun. He fled the bank with about $1,760.

Providence police arrested Ortiz four days later. They traced him through a surveillance video of his car, which had been parked outside a nearby store during the robbery.

U.S. District Court Judge Ernest C. Torres imposed the sentence.

Posted by Steve Peoples at 4:20 PM | Comment

Update: Arson squad investigates downtown church fire

PROVIDENCE – The fire department’s arson squad is investigating a suspicious fire that broke out this afternoon in the Gloria Dei Lutheran Church downtown.

Crews were called on scene at 1:15 p.m. by construction workers at the nearby Masonic Temple, who also helped get a woman out of the church safely.

Maria Perez's grandchildren were playing basketball outside the church when the workers told them about the fire. They then called their grandmother to get out. Perez is a community development consultant for the church.

No one was injured.

It’s hard to say how much damage the church sustained, Varone said, but he characterized damage by fire as “relatively minor” and damage by smoke as “considerable.”

The 116-year-old church, located at 50 Hayes St., is sandwiched in between the Providence Place Mall and the Masonic Temple that’s being turned into a Marriott Renaissance hotel.

Deputy Assistant Chief J. Curtis Varone said the fire was tough to access, down in one of two boiler areas in the church basement, yet his crews had it under control by about 2 p.m., he said.

-- projo.com staff writer Kate Bramson

“If this were 2 a.m., and those guys weren’t there, this would have been a much worse fire,” Varone said.

The Rev. Santiago Rodriguez and his wife, Keila Rodriguez, had left the church to go home for lunch around 12:30 p.m. Perez called to tell them about the fire, Keila Rodriguez said.

The church is insured, the pastor said.

About 100 active members belong to the church, although Sunday services often have more people attending than that, the pastor and his wife said.

The next scheduled gathering at the church is the Friday-night youth hour tomorrow at 7 p.m., the pastor said. Fifty to 60 youth, ranging in age from 5 to 17, get together on Fridays at the church for recreational activities, worship, arts and crafts, church members said.

If the activity tomorrow night is canceled, the pastor and his wife said members would activate a call chain to let people know.

Posted by Kate Bramson at 3:34 PM | Comment

Testimony in Derderian trial more than a month away

The Superior Court is refining its schedule for the pending trial of Station nightclub co-owner Michael A. Derderian. Opening statements in the trial now aren’t expected until early October.

Jury selection in the case is set to begin Sept. 5 in the new Kent County Courthouse. The court has summoned 800 potential jurors for the case. About 300 of those potential jurors have already been excused because they are unable to serve.

They will report in four groups on Sept. 5 and 6 to fill out a 30-page questionnaire, according to courts spokesman Craig N. Berke. Although the questionnaire has not been made public, such questionnaires typically ask whether potential jurors are related to anyone involved in the case, whether they have had life experiences similar to the crime being tried or whether they have employment backgrounds that might make them sympathetic toward one side or the other.

After the questionnaires are completed, Judge Francis J. Darigan Jr. and lawyers for both sides will review them. At that point, some of those potential jurors will be excused.

It is expected that the remaining jury pool will return to the courthouse the following week to be questioned individually to determine whether they can be impartial.

No one knows how long it will take to seat a jury, but Darigan has said testimony in the case will not begin until the week of Oct. 2, if jury selection is done by then.

Derderian and his brother, Jeffrey A. Derderian, the nightclub’s other owner, each face 200 counts of involuntary manslaughter, two for each of the 100 people killed by a fire at their West Warwick nightclub on Feb. 20, 2003.

-- Journal staff writer Paul Edward Parker

Posted by Steve Peoples at 3:22 PM | Comment

Foot belongs to missing URI student

NARRAGANSETT -- A shoe found a month ago contained the remains of a University of Rhode Island student missing since March, the state medical examiner said today.

Geoffrey Wilkes, 18, of Glocester, disappeared after he and two fellow students rowed an aluminum boat onto chilly Narragansett Bay early March 13. The empty rowboat was found hours later.

The remains of 21-year-old Fandia Shloul and 20-year-old Daniel Donahue were discovered in the water about a month later.

A fisherman found the shoe containing Wilkes' bones July 25 in the water off Narragansett.

-- The Associated Press

Posted by Steve Peoples at 3:22 PM | Comment

State: Block Island inn can serve alcohol

NEW SHOREHAM -- The state Department of Business Regulation has blocked efforts by Block Island officials to temporarily suspend the liquor license of a popular waterfront inn.

The New Shoreham Town Council earlier this week voted to strip the Ballard's Inn of its liquor license starting today through next Tuesday after learning of repeated rescue calls to treat patrons for extreme intoxication. The popular establishment was also fined a total of $2,000 -- $500 for each infraction.

Ballard's attorneys appealed the council's decision to the state, appearing in Providence yesterday for a 15-minute hearing. Today, the state agreed to stay, or delay, the suspension pending a hearing, which has yet to be scheduled.

-- Projo.com staff writer Steve Peoples with reports from Journal staff writer Katie Mulvaney

Posted by Steve Peoples at 12:20 PM | Comment

Uncertainty for Rhode Island in Brooks-Eckerd sale

The Jean Coutu Group Inc. of Canada announced this morning a $3.4 billion deal to sell its Brooks/Eckerd drugstore chain to rival Rite Aid Corp. in a business transaction that poses risk for Rhode Island.

The Brooks/Eckerd chain is headquartered in Warwick, and construction of a new 250,000-square-foot headquarters in East Greenwich at the former Rocky Hill fairgrounds is nearing completion.

In Rhode Island, the question looming over the sale concerns the future of the Brooks/Eckerd headquarters. Will the headquarters remain? Will it be shut down and hundreds of corporate jobs lost?

In the statement announcing the deal this morning, the companies did not address the future of the Rhode Island headquarters. The companies only said the sale includes the Warwick facility.

Rite Aid is based in Camp Hill, Pa., and the larger company will remain headquartered there, the deal announcement said.

The Jean Coutu Group’s decision to sell off the Brooks/Eckerd chain follows trouble the company has had containing costs associated with the integration of roughly 1,500 Eckerd stores bought in 2004.

Once completed, the Rite Aid acquisition of 337 Brooks stores and 1,521 Eckerd locations will cement Rite Aid’s standing as the nation’s third-largest drugstore chain behind CVS Corp. of Woonsocket and Walgreen.

The new Rite Aid will have 5,177 stores to CVS’s 6,171 and Walgreen’s 5,401.
The agreement approved by the directors of both companies calls for The Jean Coutu Group to be paid $3.4 billion in cash, a 30-percent ownership stake in Rite Aid and the assumption of $850 million in debt.

The Jean Coutu Group will become the single largest shareholder in Rite Aid and will hold four seats on the 14-member Rite Aid board.

-- Journal staff writer David McPherson

Posted by at 12:14 PM | Comment

West Nile virus found in Barrington

PROVIDENCE -- The state Department of Environmental Management announced today that several mosquitoes found in Barrington have tested positive for West Nile Virus.

The postive results came from mosquitoes trapped during the week of Aug. 14, according to DEM, which plans to increase testing in the area. No human cases of the virus have been reported.

The infected mosquitoes do not come as a surprise, according to a DEM press release. "West Nile Virus is well established throughout the state, and indeed, throughout the country," it reads.

"The positive test results should send a strong reminder to all Rhode Islanders that it is important to routinely protect themselves against mosquito bites now and throughout the rest of the mosquito season," said Alan Gettman, the mosquito abatement coordinator for the Department of Environmental Management.

Mosquitoes trapped in Middletown and Richmond have also tested positive for the virus earlier this month.

-- projo.com staff writer Steve Peoples

Posted by Steve Peoples at 11:32 AM | Comment

Disney's open casting for kids at noon

MIDDLETOWN -- Want your kid to be a star? Today may be the day.

Beginning at noon today, the company filming a Walt Disney movie in Rhode Island this fall will hold an open casting call for 2- to 14-year-olds.

Walt Disney Studios will return to film Dan in Real Life, a romantic comedy starring Steve Carell and Juliette Binoche.

The audition will be held from noon to 6 p.m. at Gaudet Middle School, 1113 Aquidneck Ave., Middletown. Take the Turner Road entrance. The parking lot is next to the football field.

No acting experience is necessary and the children do not need to be members of the screen actors union.

For more information, read the full story in today's Journal.

Posted by Steve Peoples at 11:29 AM | Comment

Red Cross called to help after West End fire

PROVIDENCE – The Red Cross has been called to assist four adults and three children after a house fire in the West End this morning.

Firefighters brought the fire at 51 Ellery St. under control within 11 minutes of being called, according to James Taylor, chief of communications for the Providence Fire Department.

Firefighters responded to a 10:09 a.m. call about a fire on the second floor of a three-story house that was occupied, Taylor said. The fire in the multi-family house was contained to the contents on a dresser in a bedroom. It was under control at 10:20 a.m., he said.

No one has been injured.

CORRECTION: An earlier version of this story listed an incorrect house number on Ellery Street.

-- projo.com staff writer Kate Bramson

Posted by Kate Bramson at 11:01 AM | Comment

Cookout for patients today at Hasbro Children's Hospital

PROVIDENCE – Hasbro Children’s Hospital is hosting a cookout today for about 75 patients and their families.

In the hospital garden, staff members are volunteering to serve hamburgers, hot dogs and other cookout fare to the families. Children can play on the swings and on the antique fire engine in the garden.

The cookout is sponsored by The Tomorrow Fund, a nonprofit organization that helps children with cancer and their families.

Posted by Kate Bramson at 10:58 AM | Comment

Update: Central Falls shooter arraigned for murder

CENTRAL FALLS – The man accused of shooting three people in Central Falls last Friday was arraigned this morning on two charges of first-degree murder in Sixth District Court, Providence.

The police say Adelino Duarte, 38, of Main Street in Pawtucket, allegedly shot his ex-girlfriend Elizabeth Orellana, 37; her daughter, 20-year-old Kristal L. Duarte (no relation to Adelino); and Octavio Calcagno, 23, in Orellana's apartment in Central Falls.

Kristal Duarte and Calcagno have died.

A bail hearing for Adelino Duarte was set today in court for Sept. 7. Prior to that, he is due back in District Court on Sept. 1 for a status hearing in the case.

Duarte is held without bail at the Adult Correctional Institutions in Cranston.

Today in court, Duarte sat waiting to be arraigned in a slate-blue prison jumpsuit, looking expressionless at the courtroom seating area. Few people appeared to be in court to watch the arraignment.

Orellana remains in critical condition this morning at Rhode Island Hospital, according to spokeswoman Andrea Barbosa.

Adelino Duarte was arraigned Monday in District Court on a number of charges, including three counts of assault with intent to commit murder and felony domestic assault. That day, about two-thirds of the people present in court were family members of the victims and the accused.

-- Journal staff writer Tatiana Pina and projo.com staff writer Kate Bramson

Duarte was not initially charged with murder because no one died immediately from the shootings. For some time, all three people who were shot were on life support at Rhode Island Hospital.

The police upgraded the charges against the Pawtucket man after Kristal Duarte and Calcagno died.

Posted by Kate Bramson at 10:41 AM | Comment

Cool morning should warm up to mid-70s

PROVIDENCE – It’s rather cool this morning, but our days are still heating up nicely.

Nevertheless, when the high arrives, it should be a little cooler today than it has been the last few days. Expect a high near 76.

Tonight, expect a low around 59, about the same nighttime temps we’ve had all week.

The National Weather Service predicts we could have showers today, mainly after 3 p.m., and this evening and tomorrow.

Saturday still looks like a beautiful sunny day, so plan your outdoor weekend activities for that day. A chance of rain is on the horizon for Sunday, mainly after 9 a.m.

Check back with us throughout the day for the latest conditions and forecasts.

Posted by Kate Bramson at 7:06 AM | Comment