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August 29, 2006

Judge agrees to make some Astor court files public

NEW YORK -- A judge in New York agrees to partly open the court file in the family feud over the care of 104-year-old philanthropist Brooke Astor.

Justice John Stackhouse says he'll make public all documents except for information about Astor's medical condition and care. Any future testimony about her health also will be kept private.

The judge says the Astor file will remain sealed until 5 p.m. Thursday to give either side a chance to appeal his decision.

The case had been sealed at the request of Astor's grandson, Philip Marshall, a professor at Roger Williams University in Rhode Island, after the Daily News reported that he had gone to court to remove his father as legal guardian.

Lawyers for news organizations had challenged the sealing order, arguing the public had a genuine interest in the well-being of the well-known socialite.

-- Staff and wire reports

In court papers, Marshall says his grandmother was living a squalid life under the care of his father.

"Her bedroom is so cold in the winter that my grandmother is forced to sleep in the TV room in torn nightgowns on a filthy couch that smells, probably from dog urine," he said in an affidavit.

Astor's nurses, the court papers allege, had to use their own money to buy hair bonnets and no-skid socks for the elderly woman when requests for the items were denied. A French chef was fired, leaving her at the mercy of an "unmotivated cook" serving pureed peas, liver, carrots and oatmeal, they add.

Marshall also accuses his father of enriching himself with millions of dollars in his capacity as Astor's legal guardian.

Anthony Marshall, a former diplomat and Broadway producer, denies the charges and said they are "completely untrue." He claims the family spends more than $2.5 million a year to care for Astor at her Park Avenue duplex.

-- Staff and wire reports

Posted by Steve Peoples at 6:58 PM | Comment

Hallmark buys portion of Paramount Cards assets

A Superior Court judge today approved the $8 million sale of some of the assets of the failed Paramount Cards Co. of Pawtucket to Hallmark Cards Inc.

The assets sold to Hallmark include machinery and equipment at Paramount's manufacturing operations in Canada, plus another $1.4 million in inventory in Rhode Island and intellectual property related to its distributor, Image Craft.

Neither the Paramount name nor its CardSmart retail chain were a part of the sale approved by Judge Michael A. Silverstein.

Posted by at 6:36 PM | Comment

Poll: Casino supporters outnumber opponents, 49-43%

A Channel 12 (WPRI -TV) poll released this evening suggests that supporters of the state constitutional amendment to allow the proposed Harrah's-Narragansett Indian casino now outnumber opponents, 49 to 43 percent, with 8 percent undecided.

The telephone survey of 401 likely voters was conducted between Aug. 16 and Aug. 21 by Fleming & Associates.

Among the other findings: Men are measurably more keen on the casino proposal than women, and support for the proposal decreases by the age of those polled.

If the proposal did not entail changing the state Constitution, the poll found, the margin of support from all voters would increase to 53 percent over 36 percent.

The casino proposal is due to go to voters statewide in November.

Read more about the poll and the efforts of the opposition group Save Our State in tomorrow's Journal and on projo.com.

-- Journal staff writer Katherine Gregg

Posted by Steve Peoples at 6:24 PM | Comment

Update: Oil spills from Cumberland auto shop

CUMBERLAND -- A state hazardous materials crew responded to the corner of Broad and Elm streets this afternoon, where a spill from an auto shop sent oil trickling across a two-block area.

The state Department of Environmental Management emergency response worked with the Cumberland Fire Department to contain the spill, putting red sand and pads on the leaking substance.

The crews were called to the scene of George's Auto Sales on Broad Street at about 3 p.m.

No roads were closed and no injuries were reported, according to John Leo, an engineer with DEM's office of emergency response. Leo said that an improper cleanup of oil at the buisiness mixed with heavy rains today likely exacerbated the problem.

Leo did not immediately know how much oil spilled into local storm drains or where the drains led.

-- With reports from Journal staff writer Philip Marcelo

Posted by Steve Peoples at 5:57 PM | Comment

Westerly teachers ratify new contract

The Westerly teachers union has ratified a new contract, clearing the way for classes to begin as planned tomorrow, according to Robert A. Walsh Jr., executive director of the Rhode Island chapter of the National Education Association.

The union and school department had agreed on a tentative contract yesterday. The union voted to accept the new contract this afternoon.

Walsh wouldn't immediately release the details of the contract.

Cumberland is the only school district in Rhode Island due to start classes tomorrow that remains without a contract. Both sides are meeting again tonight for a mediation session.

Posted by Steve Peoples at 5:55 PM | Comment

Pawtucket man charged with 3rd count of murder

PROVIDENCE -- A Pawtucket man returned to District Court today to face his third charge of first-degree murder in the shooting deaths of his ex-girlfriend and two other people in Central Falls.

Adelino Duarte is accusing of shooting his former girlfriend Elizabeth Orellana, 37, of 712 High St., Central Falls, a mother of five daughters, in the head. She died Friday, seven days after the shooting. She was the last of the three people shot in the Aug. 18 incident to die. The two other victims were one of Orellana's daughters, Kristal L. Duarte (no relation to Adelino Duarte), and a man Orellana had been dating, Octavio J. Calcagno.

With a Creole interpreter translating, Duarte was charged as sheriffs stood guard.

A status hearing has been scheduled for this Friday, and a bail hearing has been scheduled for Sept 7. Duarte, 38, is being held without bail at the Adult Correctional Institutions pending the bail hearing.

-- Journal staff writer Tatiana Pina

CORRECTION: An earlier version of this story misstated Octavio Calcagno's connection to Orellana.

Posted by Steve Peoples at 5:46 PM | Comment

Update: Rain, fog to go away by tomorrow / Photo

Journal photo / Bob Thayer
Jacob, 6, and Samuel, 8, right, Nozaki cast for snapper blues --small bluefish --in Bullock's Cove in East Providence, as their sister Margaret, 4, explores the shoreline. The Barrington youngsters spent part of the rainy afternoon there with their mom.

PROVIDENCE – Showers are expected on and off through the evening, with patchy fog and the possibility of lcally heavy rainfall.

But the recent wet weather should start moving out of the area tomorrow, with partly cloudy skies on tap and temps in the upper 70s.

A small craft advisory is in effect until 6 o'clock tonight for Rhode Island and Block Island Sounds.

Check for the latest conditions and forecasts.

Posted by Kate Bramson at 3:00 PM | Comment

Sox' Ortiz to undergo battery of tests

The Red Sox released a statement regarding David Ortiz this afternoon that shed no new light on the slugger's condition.

Ortiz was briefly hospitalized on Saturday night, Aug. 19, because of heart palpitations suffered after an afternoon game against the Yankees. he was treated and released, and played the next night against New York.

On Monday night in Oakland, he suffered a recurrence of the symptoms. Although he was scheduled to play against the A's, he was removed from the lineup approximately 15 minutes prior to game time. He was sent back to Boston this morning to be examined by the Red Sox' medical staff.

The Sox said the examination and testing will be done ''over the next few days'' to ''determine the cause of these recurring symptoms''. The statement made no mention as to what the problem might be, nor did it say when he might return to the playing field.

The complete statement:

"Prior to Monday night's game in Oakland, David Ortiz experienced palpitations and was removed from the lineup. At that time, it was determined that he would return to Boston to undergo further examination and testing to determine the cause of these recurring symptoms. The examination and testing will be done over the next few days led by Red Sox Team Internist Dr. Larry Ronan , with the support of a group of specialists."

"David had experienced similar symptoms approximately ten days ago. He was admitted to the hospital on August 19 where he was fully examined by specialists and a series of tests were performed. Based on the results of these tests, and David's symptomatic improvement, he was cleared to play. David had not experienced any additional episodes of palpitations until Monday evening."

"With the recurrence of these symptoms, we would like David to be fully examined and tested before he is allowed to return to the field."

Posted by Art at 2:33 PM | Comment

Demolition accomplished

NORTH KINGSTOWN – After some delay, four underwater piers of the old Jamestown Bridge were demolished this afternoon.

Only one of four planned blasts initially worked around 1 p.m., but they have now all gone off.

The new Jamestown-Verrazzano Bridge, which runs alongside the old bridge, is open and traffic is operating as usual, according to the state Department of Transportation.

Posted by Peter Phipps at 2:23 PM | Comment

Update: R.I. SAT scores down, following national trend

SAT scores for college-bound Rhode Island high school students fell this year for the first time since 1999, according to a report released today by the company that administers the test.

Rhode Island's high school seniors (both from private and public schools) earned an average score of 495 for the critical reading section of the test, and 502 in the math section -- a drop of 8 and 3 points respectively from last year. The decline follows a national trend of slightly lower test scores after seven years without a drop.

See a list of test scores for every public high school in Rhode Island.

In Massachusetts, scores also fell to 513 for critical reading and 524 for math. That's down from last year's average scores of 520 and 527.

Nationally, the Class of 2006 scored an average of 503 on the reading section, down five points from the previous year. They earned an average of 518 on the math section, down two points.

At a press conference today, the state education commissioner attributed the decline to the addition of a writing portion of the test, a change that added 45 minutes to the exam.

“Though I am disappointed to see this one-year decline in Rhode Island SAT scores, I believe that the one-year drop can in part be attributed to the newly structured SAT exams,” said Peter McWalters, Commissioner of Elementary and Secondary Education. “I am confident that by next year the scores will once again improve, as they have done throughout the past decade.”

-- projo.com staff writer Steve Peoples

Posted by Steve Peoples at 2:00 PM | Comment

School starts in Providence / Photo

Journal photo / Steve Szydlowski
Jerry Luongo, a physical educational teacher, and Mrs. Rachel Clark, a kindergarten teacher at West Broadway Elementry School, line students up to return to their rooms after a morning assembly.

PROVIDENCE – It’s the first day of school in Providence today, and Mayor David N. Cicilline was at some of the elementary schools welcoming 26,000 students back to the books.

Cicilline began visiting the Charles N. Fortes Academy at 7:45 a.m. He planned to move on to the Alfred A. Lima Sr. Elementary School, Webster Avenue Elementary School, Vartan Gregorian Elementary School and then Harry Kizirian Elementary School.

In tomorrow's Providence Journal and on projo.com, Journal staff writer Jennifer Jordan will write about the state's efforts to improve the health of students by banning soda machines and increasing their physical activity, among other measures.

Posted by Kate Bramson at 1:35 PM | Comment

Study: Rhode Islanders among least obese in nation

Rhode Island ranks among the 10 least obese states in the nation, according to a study released today by the Trust for America's Health, a nonprofit, non-partisan organization that promotes public health.

Rhode Island is ranked 48th least obese, according to the study, which includes the 50 states and the District of Columbia. Colorado has the best ranking, followed by Hawaii and Massachusetts.

On the other end of the scale, Mississippi, Alabama and West Virginia rank as the most obese.

The study finds that 19 percent of Rhode Island adults are obese, compared to the national average of 23.2 percent and Mississippi's total of 29.5 percent.

-- projo.com staff writer Steve Peoples

"Obesity is a gateway to heart disease, diabetes and a host of other diseases," said Parris N. Glendening, former two-term Governor of Maryland, and co-author of the report.

Approximately 119 million Americans, or 64.5 percent, of adult Americans are either overweight or obese, according to the Trust for America's Health. Estimates of the number of obese American adults rose from 23.7 percent in 2003 to 24.5 percent in 2004.

-- projo.com staff writer Steve Peoples

Posted by Steve Peoples at 12:13 PM | Comment

Cumberland teachers to talk tonight as school looms

CUMBERLAND – Mediation in the Cumberland School District will continue tonight in ongoing teacher-contract talks as the first day of school looms tomorrow.

The new session was set after agreement was not reached in a mediation session last night.

Teachers reported today to their scheduled professional development sessions, according to Robert A. Walsh Jr., executive director of the Rhode Island chapter of the National Education Association. NEA represents Cumberland teachers.

School is scheduled to start in Cumberland tomorrow.

Check the scheduled start of school in your community at the state Department of Education's Web site.

Posted by Kate Bramson at 11:30 AM | Comment

North Smithfield teachers approve new contract

NORTH SMITHFIELD –Teachers today approved a tentative agreement that was reached last night, according to School Committee Chairman Gary S. Ezovski.

Ezovski declined this morning to discuss specifics on the tentative contract because his board hasn’t yet voted on it. He said they’d vote at their next regular meeting, which is set for Sept. 19.

Throughout negotiations, both sides have said the start of school tomorrow was never in question, even if an agreement had not been reached before the scheduled start of school.

Union members could not be reached this morning, but Ezovski said he has been told that teachers approved the deal by a margin of about 3 to 1.

“It kind of reflects the kind of discussions we’ve had,” Ezovski said of that vote. “These are difficult times in the public employment sector. Everyone is not going to be happy. The committee is not completely content.”

Check the start of school in your community at the state Department of Education's website.

-- with reports from Journal staff writer John Hill

Posted by Kate Bramson at 10:42 AM | Comment

Lottomatica completes GTECH purchase

Italian lotto operator Lottomatica SpA, this morning completed its $4.65 billion purchase of GTECH Holdings Corp., eight months after the deal was announced.

GTECH shareholders received $35 a share for their GTECH stock, and the company’s stock has stopped trading on the New York Stock Exchange. The deal creates the largest lottery supplier and operator in the world.

GTECH, which is currently based in West Greenwich, will retain its name as a business unit within Lottomatica Group Holding Co. At the end of the year, GTECH will move its headquarters from West Greenwich to a prominent, new corporate headquarters in downtown Providence.

--- Andrea L. Stape

Posted by Peter Phipps at 10:16 AM | Comment

Car crashes into ice cream shop in Smithfield

SMITHFIELD – A car crashed into an ice cream shop at the corner of Esmond St. and Putnam Pike shortly before 10 a.m. today.

Police crews are still on scene, and the town’s building inspector is heading out to make sure the building is stable before the car is pulled out of the shop, Police Detective Lt. Michael Rheaume said this morning.

-- projo.com staff writer Kate Bramson

Posted by Kate Bramson at 10:15 AM | Comment

Update: Accident delays traffic on 95 North

PROVIDENCE – Traffic on Route 95 north is backed up this morning before exit 18 due to an accident in the center lane.

Passing motorists could see that a car has rear-ended a tractor-trailer. Rescue crews are still on scene at 9:18 a.m., for what the state police say is a six-car accident.

No more details on the accident are yet available.

Once motorists pass the accident, traffic is moving alone fine.

-- with reports from Tim Murphy

Posted by Kate Bramson at 9:21 AM | Comment

Pawtucket man to be arraigned on 3rd murder charge

The accused shooter in the Aug. 18 triple murder in Central Falls is due back in court today.

Adelino Duarte, 38, of North Main St., Pawtucket, will be arraigned in Sixth District Court, Providence, on a third murder charge now that the third victim in the shooting, his former girlfriend, has died.

Elizabeth Orellana, 37, of Central Falls, died Friday afternoon, and the police upgraded a charge against Duarte to a murder charge.

Duarte was arraigned last week on two first-degree murder charges for the deaths of Orellana’s daughter, 20-year-old Kristal L. Duarte (no relation to Adelino Duarte), and Octavio Calcagno, 23, who died in the days after they were shot.

The police say all three victims were shot in the head when Duarte entered Orellana’s apartment early on the morning of Aug. 18.

Posted by Kate Bramson at 7:59 AM | Comment