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November 17, 2006

Update: Lynch to turn over some Station evidence

PROVIDENCE -- A day after refusing to release evidence prepared for the Station fire trials of Michael and Jeffrey Derderian, Attorney General Patrick Lynch has moved to open some records.

Lynch filed a memo in Superior Court today seeking the release of "certain materials in response to pending and future Access to Public records Act requests." Specifically, Lynch plans to release written reports of two experts, some test results and some photographs.

The motion does not detail the evidence to be released. Nor does it address more than 900 witness statements and other evidence collected by attorneys in preparation for the trials of the Derderians and Daniel Biechele, who pled guilty to starting the 2003 blaze that killed 100 people at a separate trial.

Yesterday, Lynch said he could not make the materials public because of privacy concerns and because of orders issued by Judge Darigan.

But today, Lynch spokesman Michael Healey said the attorney general wants to disclose as much evidence as he can, such as witness statements and sentencing information, including letters from victims of the fire and their families, Healey said.

Some photographs will be released, Healey said, but not those that are so grisly they would violate the dignity of victims. Photos of dead bodies will not be released.

Healey said that Judge Darigan had put in place orders that barred the release of investigation materials and that is the reason that Lynch could not release more records. Once Darigan removes the orders, Healey said, Lynch would release as much information as he could under the state access to Public Records law.

The fate of secret Station grand jury records and testimony is still to be decided in a separate legal case that is winding through the courts. The next step in that case is a Dec. 13 hearing before Presiding Superior Justice Joseph Rodgers

Lynch is committed to "making public as quickly as possible everything he could make public,’’ Healey said.

-- With reports from Journal staff writer Scott MacKay

Posted by Steve Peoples at 5:26 PM | Comment

Get chicken wings for canned goods at P-Bruins

The Providence Bruins will be collecting nonperishable food items before home hockey games tonight and Sunday to help the Rhode Island Community Food Bank.

Starting an hour before each game, Providence Bruins players, wives and girlfriends will collect nonperishable food items in the lobby of the Dunkin Donuts Center.

Everyone who brings a food item will receive a coupon for 10 free chicken wings from Wings to Go.

The food items will be delivered by Bruins players to the food bank Monday.

Posted by Steve Peoples at 4:59 PM | Comment

16 soldiers return from Iraq in time for Thanksgiving

Sixteen Rhode Islanders will be back home in time for the turkey, family and football that they missed last year.

The Rhode Island Army National Guard announced today that 16 members will return to Quonset Point Monday evening after spending more than a year in Iraq.

The guard's Company D, 126th Aviation was mobilized in October 2005 and spent the last year flying C-23 Sherpa aircraft to perform airdrops and medical evacuations in the violent conflict.

"We are thrilled to be able to welcome home more of our National Guard patriots who have fulfilled a critical role while deployed to Iraq, Adjutant General Robert T. Bray said in a statement released this afternoon. "We are especially thankful to have them home in time to enjoy a much-deserved Thanksgiving with their families who have also sacrificed, through the absence of their loved ones, for the past 12 months."

Posted by Steve Peoples at 4:41 PM | Comment

Beagle club headed to court on charges of killing birds

PROVIDENCE -- The Little Rhody Beagle Club and its president are scheduled to appear before a federal judge Tuesday to answer charges of killing federally-protected birds of prey.

A spokesman for the U.S. Attorney's Office announced the court hearing this afternoon, a day after prosecutors said a plea bargain had been reached.

The government contends that the Warwick dog club, which trains beagles to flush rabbits out of cover, killed birds such as red-tailed hawks and great-horned owls, using guns, steel leg-hold traps, and by setting out as bait, eggs and animal carcasses seeded with insecticides.

Club president William Forward and other club representatives are scheduled to appear in federal court Tuesday at 2 p.m.

While a plea bargain has been reached, it's unclear if the judge will rule on the agreement or set another hearing, according to Tom Connell, a spokesman for the U.S. Attorney's Office.

Read more about the Little Rhody Beagle Club case, from today's Journal.

Posted by Steve Peoples at 4:07 PM | Comment

Defendant pleads no contest in Lincoln doctor's 1999 murder

PROVIDENCE -- A 38-year-old former Providence man will be sentenced to 40 years in prison for the bludgeoning death of a doctor in his Lincoln home, the Attorney General's Office announced today.

Angel Navarro, who is also known as Victor Medina and Angel Torres, pleaded no contest yesterday in Providence County Superior Court to one count of second-degree murder for the death of Dr. Alfred C. Moon.

Navarro, formerly of 80 Curtis St., Providence, agreed at his plea to a sentence of 40 years to serve, with a sentencing cap of 60 years. He has been scheduled for formal sentencing at 2 p.m. Dec. 15 before Judge Mark A. Pfeiffer in Providence Superior Court.

Dr. Moon's body was found at his Kirkbrae Estates home in Lincoln on Aug. 19, 1999, just days after Navarro's release from the Adult Correcitional Institutions. Navarro had been serving a sentence for possession of a controlled substance.

If the case had gone to trial, the Attorney General's Office said it was prepared to present evidence that Navarro beat Moon, 67, to death with a lamp.

Almost five years later, on June 22, 2004, Navarro was arrested by the Rhode Island State Police on a warrant for violating his probation in Fort Myers, Fla., and extradited to Rhode Island.

Navarro was indicted on one count of murder of an unspecified degree on July
8, 2005. He has been held without bail at the ACI since June 25, 2004, for the murder of Dr. Moon and is also serving his 4-year sentence as a probation violator.

"The brutal murder of Dr. Moon shocked our entire community and devastated his family, colleagues, and friends," Attorney General Patrick C. Lynch said. "The relentless pursuit of justice in this case will finally come to an end after more than seven years next month when the defendant will be sentenced for this killing. It's a tribute to the tenacity of the Rhode Island State Police and the Lincoln Police that this cold case was solved so that a career criminal's career is over."

Posted by Jack Perry at 3:15 PM | Comment

State swaps lawsuits with emissions testing company

PROVIDENCE -- The state Department of Administration filed a $100,000 counter suit today against an auto emissions testing contractor.

Aside from the $100,000, the state is also trying to force Applus Technologies to turn over data that will allow a replacement vendor to administer the statewide Safety and Emissions Safety Testing program.

Last month, the state awarded a five-year contract to run the program to SysTech International after opening the process to competitive bidding. Applus sued the state last week seeking to block the replacement company from taking over, citing a flawed bidding process.

The state dismisses those claims.

“By refusing to turn over this critical program data, Applus is holding the state’s emissions and safety testing program hostage. This is a clear violation of both the contract and state law,” said Brian P. Stern, executive director of the Department of Administration. “As a result of our competitive bidding contract, the most qualified contractor was selected at the lowest price. Applus has clearly not accepted the fact that they lost this contract fair and square.”

Applus chief of operations Dave Comeau disagrees.

"This suit is baseless since the information requested was turned over to the state today at 11:30 -- five days before the deadline imposed by the state and three hours
before the state suit was filed," Comeau said in a statement. "The suit is an attempt to deflect attention from a flawed contract award process that overrode the recommendations of the state's own Technical Review Committee."

--- Steve Peoples, projo.com staff writer

Posted by Steve Peoples at 3:10 PM | Comment

Hasbro looks to cut 140 jobs in Ireland

Pawtucket toymaker Hasbro Inc. said today it wants to cut one-third of its workforce at a factory in Ireland because of over capacity.

About 140 jobs would be eliminated at the factory in Waterford, Ireland, where Hasbro makes board games and toys for sale in Europe and elsewhere.

European Union laws require companies to propose the job cuts and then negotiate with employees over workplace issues.

Those talks are underway, said Wayne Charness, a Hasbro spokesman. There’s no timetable for completion of those talks.

“Our facility there is too big,” Charness said. “These moves are necessary.”

-- Journal staff writer Paul Grimaldi

Posted by at 2:11 PM | Comment

Judge formalizes order to copy questionable ballots

Superior Court Judge Stephen J. Fortunato Jr. this morning issued a formal, written version of his order to the state Board of Elections mandating that ballots that cannot be read by voting machines during election recounts be set aside and photocopied.

The copies could potentially be used in a manual review to see if the voter's intent can be determined.

Fortunato issued his ruling verbally on Tuesday. The Board of Elections requested the written copy today so it can appeal Fortunato's ruling to the Rhode Island Supreme Court.

The board indefinitely postponed all eight scheduled recounts after Fortunato’s initial ruling, leaving candidates in 11 communities in limbo.

-- Journal staff writer Benjamin N. Gedan

Posted by Kate Bramson at 1:52 PM | Comment

Update: Police ID man shot while waiting for PlayStation

PUTNAM, Conn. – The police have identified the 21-year-old Webster, Mass., man who police believe was shot in the upper torso with a shotgun outside the Wal-Mart here early this morning as he waited on line to buy one of the coveted new Sony PlayStation3 game consoles.

Michael Penkala is in stable condition at the University of Massachusetts Medical Center in Worcester, Mass., according to the Connecticut State Police. His injuries do not appear to be life-threatening, according to the state police.

He was among 15 to 20 people waiting in line overnight to buy a PlayStation3 game console when they went on sale this morning, state police Lt. J. Paul Vance said.

The police were called shortly after 3:15 a.m. about the shooting at the store on Route 44. They say two armed teenagers, about 17 or 18 years old, confronted the would-be shoppers and demanded money. Penkala apparently confronted the suspects and was shot, Vance said.

The police have made no arrests yet but have some leads – and are talking to the 15 to 20 witnesses of what they’re calling an armed robbery, Vance said. The police don’t actually know if the suspects stole anything, as they have focused on the shooting, Vance said.

Investigators are also seeking help from the community – anyone who might have been in the area, like a bread or milk delivery person, he said.

“Someone may have seen a car,” he said.

The state police are asking potential witnesses to call (860) 779-4900.

The two armed teens, who were dressed all in black, ran into a wooded area and disappeared in this small community in the northeast corner of Connecticut, near the Rhode Island line, Vance said.

-- projo.com staff writer Kate Bramson

Posted by Kate Bramson at 1:47 PM | Comment

Chief Justice Williams defends Conn. judge

HARTFORD, Conn. -- Rhode Island's chief justice defended his counterpart in Connecticut today, claiming a decision to delay the release of a court decision to help a colleague did not violate rules of judicial conduct.

Rhode Island's Chief Justice Frank J. Williams said William Sullivan, former chief justice of the Connecticut Supreme Court, had the power to delay the release of the ruling to help his potential successor.

Justice Peter Zarella, Gov. M. Jodi Rell's nominee for chief justice, was facing legislative confirmation hearings at the time. Rell has since withdrawn his name.

In a taped deposition played at today's Judicial Review Council hearing, Williams said Sullivan can delay a decision "when there's an effort to maintain a level playing field when a colleague is being considered for elevation to chief justice." He said it would be unfair for Zarella to be judged on that one court decision.

But Geoffrey C. Hazard Jr., a legal expert from the Hastings College of Law at the University of California, disputed that argument.

"The playing field, if it had not been interfered with, would have included the decision that was held up," he said.

Friday marked the fourth day of hearings in the Sullivan matter.

Sullivan, 67, was charged in July with violating state law and the judicial code of conduct, which is identical to the Rhode Island code, Williams said.

-- The Associated Press

Posted by Steve Peoples at 12:50 PM | Comment

PlayStation3 goes for $2,550 on eBay

The new Sony PlayStation3 console is the “it of the day” on eBay, with 8,145 items displayed on the online auction site late this morning.

One being auctioned off this morning from Chicago had a high bid of $2,550 out of 29 bids placed so far -- just minutes before the auction closed.

Others are selling for less, closer to $1,800.

Others looking to buy the latest PlayStation toy have been camping out the last few days and nights at area stores. Some 15 to 20 people waiting outside a Wal-Mart in Putnam, Conn., this morning for the PlayStation3 consoles were targeted by two armed teens, who shot one man who resisted their demands for money.

-- projo.com staff writer Kate Bramson

Posted by Kate Bramson at 11:24 AM | Comment

Police ID woman killed in Tiverton crash

TIVERTON – The police this morning identified the victim of a fatal car crash on Nannaquaket Road last night that’s still under investigation.

Passenger Elizabeth H. Ahearn, 59, of 2002 Main Rd. in Westport, Mass., was pronounced dead at the scene, Deputy Chief Nicholas Maltais said. He doesn’t know if either she or the male driver was wearing a seatbelt. They were both still in the car after the crash.

Speed was definitely a factor in the crash, Maltais said, although he’s not sure exactly how fast the car was traveling along the straight stretch of rural roadway in the southern part of town.

Maltais declined to identify the driver, other than to say he’s a 46-year-old New York man, saying that the matter is still under investigation. He was transported to Rhode Island Hospital with what appeared to be non life-threatening injuries.

No charges have been filed at this time.

Driving a 1999 Jaquar southbound on Nannaquaket Road at about 9:30 p.m., the man left the travel lane north of Leonard Drive in the area of 299 Nannaquaket Rd., Maltais said. He struck a drainage culvert, went up on the lawn at 299 Nannaquaket Rd., struck a tree and continued traveling south, grazing two ornamental stone walls on the north and south sides of Leonard Drive and continued south, coming to a stop in the southbound lane of travel several hundred feet beyond where he initially left the roadway.

The vehicle sustained major damage, Maltais said.

At the time of the accident, it was windy but not raining, Maltais said.

-- projo.com staff writer Kate Bramson

Posted by Kate Bramson at 10:51 AM | Comment

Traffic: Mount Hope Bridge re-opens after night closing

The Mount Hope Bridge, the connector that takes motorists over Mount Hope Bay from Portsmouth to Bristol, has re-opened after an accident forced crews to close the bridge last night.

Some scaffolding had fallen, prompting the closure announcement around 10:30 p.m. last night, according to the state Department of Transportation.

The DOT’s Transportation Management Center issued a notice at 12:14 a.m. that the bridge had re-opened to traffic in both directions, according to Dave Riley of Turnpike Bridge Authority.

For other traffic needs, check out the state roadways, via the Department of Transportation's online traffic offerings.

You can find any traffic alerts describing accidents here, browse traffic cams to see real-time photos of the highways and check out the DOT’s road construction schedule here.

Also, check out congestion mapping -- i.e., how heavy the traffic is -- here.

To report a traffic incident, call the Transportation Management Center at (401) 222-5826 and choose option #2.

Posted by Kate Bramson at 7:32 AM | Comment

URI cagers lose to Troy while you were sleeping

The URI men’s basketball team fell to Troy University (Alabama) 84-78 this morning in their opening round game of the 2006 BP Top of the World Basketball Classic.

This morning? That’s right.

The Rams took the floor at 12:30 a.m. (Eastern Standard Time) at the Carlson Center in Fairbanks, Alaska, and the game ended well after 2 a.m.

The Rams (1-2) will move to the consolation bracket and look to get back on track Saturday night – really Saturday night – when they play tournament host Alaska-Fairbanks. The 4-2 Nanooks dropped their opening game to Weber State, 71-66, in overtime.

Hopefully, URI Coach Jim Baron hasn’t scheduled a morning practice. At 6 a.m. (2 a.m. in Fairbanks) it was a balmy minus 18 degrees Fahrenheit. The Rhody players and their fans can expect a high today of minus 8 degrees and a sunrise at 9:30 a.m.

Posted by Kate Bramson at 7:30 AM | Comment

Download today's Journal front page

Stories of the Ocean State's exploding tick population and the Attorney General's refusal to release evidence gathered in The Station fire investigation lead today's Providence Journal.

Download the page in .pdf format.

Posted by Jack Perry at 7:14 AM | Comment

Rain going away, gales continue on the water

PROVIDENCE – A gale warning for coastal waters in the region remains in effect from the National Weather Service until 9 a.m. today.

Also, the Weather Service has issued a hazardous weather outlook for the region.

Southwest winds are expected to be 20 to 25 knots, with gusts up to 35 knots. They’re expected to decrease as the morning progresses, down to 15 to 20 knots, with gusts up to 25 knots in late morning.

Seas should be 9 to 13 feet.

As for temps, we should see a high of 63 today and a low of 42 tonight, with this morning’s rain potentially clearing by 9 a.m. or so.

Tomorrow will be cooler, with a high near 52, but it doesn’t look as if we’ll have rain. Despite predictions earlier this week of no rain this weekend, we may now get some showers Sunday morning before 9. The high that day should be 47.

Get the latest conditions and forecasts from projo.com.

Posted by Kate Bramson at 7:06 AM | Comment