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« June 25, 2007 | Today | June 27, 2007 » June 26, 2007Providence sings the blues at Lupo's tonightThe blues, in all their timeless, trend-defying glory, come to Lupo's Heartbreak Hotel in Providence this evening. Josh Barber, who's opening tonight at Lupo's for the power lineup of Jimmie Vaughan, Roomful of Blues and Lou Ann Barton, made a page on projo.com's mp3 site last night and uploaded five tunes. For a link to the mp3, head over to Sheila Lennon's Subterranean Homepage News blog here on projo.com. For the uninitiated, Vaughan's brother was the late Stevie Ray Vaughan, a guitar player who could channel otherworldly rock and blues of Jimi Hendrix and jazzier stylings of Wes Montgomery. Jimmie Vaughan has some scorching licks of his own and has played with other heavyweights such as Eric Clapton and Buddy Guy. For tickets, $25, go to www.etix.com. For more info, call (401) 331-5876 or (401) 272-5876. Lupo’s is at 79 Washington St. Posted by Mike McKinney at 7:05 PM | Comment Update: AG Lynch signs off on using tobacco fundsPROVIDENCE -- Attorney General Patrick C. Lynch signed off today on bond authorization needed to use millions of tobacco settlement dollars to shore up the state budget. He did so, he said later, after the signing document was revised. "With the important revisions that have been made, literally within the last two hours, however, I believe Rhode Islanders are better protected than they had been previously, and I have signed the document," Lynch announced in a late-afternoon statement. People across state government -- including legislators and officials in the governor’s office and the state budget office -- had been waiting to see if Lynch would decide on whether to sign the bond authorization or not after he signaled concerns last night. The recently adopted state budget includes using $22 million of anticipated tobacco-settlement bonds to end the current fiscal year in the black. And about $153 million in tobacco funds also will be used to balance the 2007-08 budget, despite Governor Carcieri's vocal opposition. Lynch, who must approve such bonding authorizations, had said yesterday that he might not be ready to do so by a 3 p.m. deadline today because he and his staff had not had enough time to review the bond documents and their implications. The Master Settlement Agreement included technical and complex conditions the state must continue to meet in order to receive money, Lynch said. "It's my job to slash through the technicalities and, ultimately, make the promise that the state of Rhode Island is continuing to comply with the terms of the MSA because, absent such compliance, the spigot could be turned off," said Lynch.
Lynch said he had concerns -- and still does -- about how lawmakers and the governor intended to spend the money, how it is prioritized in the budget. In the governor’s office earlier today, spokesman Jeff Neal said the state will have enough cash on hand to get through the fiscal year, which ends Saturday, without implementing any emergency measures, even if Lynch did not sign the bond authorization by today’s deadline. Lynch complained yesterday that he was being rushed and the tobacco money comes with strings attached. At issue was the attempt to raise $154 million for next year’s budget -- and another $20 million to finance shortfalls in this year’s budget -- by selling a portion of future payments from the tobacco master settlement, a 1998 agreement by tobacco companies and 46 states designed to recoup the societal costs of smoking. Posted by Mike McKinney at 6:56 PM | Comment Task force on DOT contracts: Binders, but no reportPROVIDENCE -- The task force assembled by Governor Carcieri to review contracting practices of the state Department of Transportation had a June 22 deadline that has come and gone. The governor's office has released four binders containing copies of contracts and rules and regulations, but the team was called off before it could complete a report and did not produce one. The task force was told to stop on June 15 and turn everything over to state police. Earlier this month, Carcieri said he asked the task force he assembled in May -- in response to news accounts of "outrageous'' overhead payments to contractors for staff, such as the now infamous $102,858 typist -- to "turn over to the state police and the U.S. Attorney's Office any documents related to DOT contracts.'' The governor said the Federal Highway Administration has also promised to "begin a review.'' More in tomorrow's Providence Journal and on projo.com ... -- With reports from Katherine Gregg of the Journal State House Bureau and Journal archival reports Posted by Mike McKinney at 6:42 PM | Comment Governor vetoes time-share taxation legislationPROVIDENCE -- Governor Carcieri has vetoed a bill that calls for a different way of taxing time-share developments, calling it "a tax hike in disguise." The legislation would allow taxation of time-shares based on the resale value of interval weeks, along with "any other identifiable and commonly accepted methods of appraisal," according to the bill's description. Carcieri vetoed similar legislation twice before. "Time-share developments are now taxed like all other real estate properties. This bill would allow assessors to create special and so-far undisclosed new schemes to tax these properties ..." Carcieri's veto message from his office says. Carcieri also expressed concern that "additional legal challenges would occur." Time-share developments, his message said, have "certain intangible aspects," such as services that allow exchange of weeks in other time-share developments. Since cities and towns tax tangible property, "but are not constitutionally authorized to tax intangible property," turning the bill into law would "likely" mean more litigation, the veto message said. For a look at other bills the governor has vetoed this year, click here. Posted by Mike McKinney at 6:37 PM | Comment Bush's visit coincides with GOP meeting in NewportOn the same day President Bush is reportedly speaking at the Naval War College in Newport, Governor Carcieri is hosting a fund-raiser in the City by the Sea for the Republican Governors Association, which finances Republican campaigns for governor across the United States. According to RGA spokesman Matt Moore, Carcieri will be joined by U.S. Education Secretary Margaret Spellings and GOP governors Jim Douglas of Vermont, Mark Sanford of South Carolina and Matt Blunt of Missouri. Spellings will be the keynote speaker at the event, which will also feature a discussion of education and financial services, Moore said. The meetings, including a luncheon, will be held at the Hyatt Regency Hotel on Goat Island, overlooking Newport Harbor, where the Tall Ships are now gathering for a visit to the city this week. The Republican contributors will also be feted at a New England clambake Thursday evening at the Eisenhower House (yes, named after former GOP President Dwight D. Eisenhower) at Fort Adams State Park. The White House has not officially announced Mr. Bush’s visit yet, but state and federal officials have said that the Naval War College campus is being readied for a presidential visit. It would coincide with a 50th anniversary celebration of its Naval Command College, a school for military officers from around the world. Carcieri has been in Prince Edward Island, Canada, over the past two days attending the annual conference of New England Governors and premiers from Canada’s eastern provinces. Jeff Neal, Carcieri’s spokesman, declined comment on the governor’s fund-raiser, or Mr. Bush’s appearance, saying only that ``I expect the governor will be at the war college’’ on Thursday. -- Journal staff writer Scott MacKay Posted by Andrea Panciera at 6:24 PM | Comment Gryphon Solo first to finish Bermuda 1-2Joe Harris and Dobbs Davis won line honors in the second leg of the Bermuda 1-2 race just before midnight, but they had to work for the finish. "We were lucky to get through the Gulf Stream and keep a steady breeze all the way to the finish,” said Harris, skipper of the Open 50, Gryphon Solo. “We scratched and kicked and clawed our way through the Stream in light air and emerged on the north side with a nice southwesterly breeze allowing us to make 10 knots toward Newport." The second leg of the Bermuda 1-2 started Friday off St. George’s, Bermuda. Gryphon Solo’s unofficial elapsed time for the passage to Newport was 82 hours, 41 minutes 30 seconds. Harris set a course record for the solo leg of the event earlier this month. His elapsed time sailing south was 62 hours, 37 minutes from his start on June 9th. The old Bermuda 1-2 solo course record of 66:57 was set in 2005 by Kip Stone aboard the Open 50 Artforms. The record for Leg 2 of 70:14 set by Artforms in 2005 remains unbeaten. Meanwhile, Ken Read, driving the 90-foot Rambler, was leading the two other big boats that started the HSH Nordbank trans-Atlantic Race Saturday off Newport. A larger fleet of smaller boats started the race a week earlier, and were blessed with strong winds for the beginning of their passage. After three days of moderate breeze, the three big boats - Parsifal III, Bon Bon and Rambler – are expecting the wind to freshen. Posted by Tom Meade at 6:03 PM | Comment Weather update: More poor air tomorrow / Photo
PROVIDENCE --The latest forecast calls for more high temperatures, spurring more concerns about unhealthy air quality tomorrow aftermoon. State environmental officials have predicted high ozone levels for the second day in a row. That means all RIPTA bus and trolley routes, aside from special services, will again be free. The poor air quality is driven by higher ozone concentrations at ground level. Ozone is a big part of smog and is formed by a reaction of pollutants that come from motor vehicles, industry and other sources on days with hotter temperatures. The state Health Department said unhealthy ozone levels of ozone can cause throat irritation, coughing, chest pain, shortness of breath, increased susceptibility to respiratory infection and and aggravation of asthma and other respiratory ailments. Symtoms get worse with exercise and heavy activity. Children, elderly people and those who have lung diseases, such as asthma, are at particular risk of suffering from the air quality. Check the latest predictions on the area's air quality. The hot and humid weather will continue across southern New England through Thursday, the National Weather Service says, before a cold front brings much cooler weather from Friday into the weekend. Temperatures tomorrow are expected to reach into the 90s again tomorrow. Posted by Mike McKinney at 4:39 PM | Comment Providence mayor attacks the state budgetPROVIDENCE -- Mayor David N. Cicilline's office announced he will hold a news conference tomorrow about to the state budget that "fails to give Rhode Island cities and towns the tools they need to provide property tax relief." The news conference will be held tomorrow at 1 p.m. in the mayor’s office at City Hall. According to a news release, the mayor will announce steps the city will take to "address the ramifications" of the budget. Posted by Mike McKinney at 4:35 PM | Comment No verdict today in Richardson murder caseWARWICK -- The jury weighing the fate of James Richardson, the man accused of killing Margaret Duffy-Stephenson of Warwick in 2005, finished a third day of deliberations without reaching a verdict. The jury -- which this afternoon asked for information that was taken up with the lawyers in chambers and therefore not disclosed -- will be back in Kent County Superior Court tomorrow morning. That was after the jury told the judge at 1:23 p.m. today that it was dead-locked. Keep deliberating, Superior Court Judge Francis J. Darigan Jr. replied. When the jurors reported they have been unable to reach a verdict, Darigan essentially gave them a pep talk, encouraging them to go back in and deliberate more. "Two days and some hours isn't that much time, considering you've spent three solid weeks on this case," he told them. "You've been asked to do a difficult task. My hope is that you successfully complete that task by rendering a unanimous verdict." After a reasonable amount of time, if the jury cannot reach a verdict, Darigan said he'd go from there. The jury went back into deliberations at 1:33 p.m. Richardson is accused of the multiple-stabbing murder of Margaret Duffy-Stephenson, a teacher's aide from Warwick who was found dead in 2005 by her father after no one had been able to contact her. The jury in Kent County Superior Court began weighing the fate of Richardson, of Cranston, on Friday afternoon. Earlier today, the jury sought clarification from the judge on what constitutes a reasonable doubt. Reasonable doubt is based on evidence or lack of evidence, the jury was told today. It does not mean it is beyond all doubt, beyond all shadow of doubt or all possible doubt. "Mere suspicion, however strong, cannot sustain or justifiy a guilty verdict," Darigan told the jury. Yesterday, the jury asked to have some a transcript of some testimony read to them. -- With reports from Journal staff writer Talia Buford Posted by Mike McKinney at 4:25 PM | Comment Mom tells of finding daughter injured on Rte. 1SOUTH KINGSTOWN -- When Grazyna Chylinska answered the phone early Saturday, she heard her daughter’s worried voice. It was after midnight and Sylvia was stranded on Route 1 with a flat tire. Sylvia said she was afraid someone would hit her car on the dark highway, so she left it in the breakdown lane and waited for her mother in the grass nearby. Chylinska, a divorced mother of two, drove the five-minute stretch from her Green Hill home to the highway. Her daughter, Sylvia Bogusz, who graduated from South Kingstown High School June 18, had already enrolled in three summer courses at the University of Rhode Island. To celebrate Sylvia’s accomplishments, the family had eaten at an area restaurant. “Do I look beautiful?” Sylvia asked at dinner. “Yes,” her mother said, “of course you do.” Now, on Route 1, Chylinska spotted her daughter in a southbound lane of traffic, bleeding and unconscious. Only a few minutes before Chylinska had arrived, police said Heidi L. Harrall had lost control of her car and struck Sylvia, breaking her bones and throwing her more than 100 feet away. “I stood in the middle of the road and tried to slow down the traffic. I didn’t want a car to run over my baby,” Chylinska said today. “I was just five minutes away. If I had the power to fly, I could have flown to her and lifted her and saved her,” she sobbed. Sylvia remains in serious condition this afternoon at Rhode Island Hospital, where she had been upgraded yesterday morning from critical. -- Journal staff writer Paul Davis Chylinska spent this morning resting at her Aspen Street home. Unable to sleep well since the accident, she needed the rest, she said. The day before, she had cried in District Court as Harrall -- the 45-year-old woman charged with hitting her daughter -- was arraigned on felony charges of driving under the influence resulting in serious injury and driving with reckless disregard for the safety of others. Police said Harrall, who was held without bail on a previous charge, had been driving 90 miles an hour when she lost control of her 1994 Audi. But Chylinska today said little about Harrall. Instead, she focused on her daughter, born the same day as her mother: Dec. 21. “She’s my miracle baby, born on my birthday,” she said. “God gave me that baby for a reason.” Full story to come in tomorrow's Providence Journal and on projo.com ... Posted by Mike McKinney at 4:08 PM | Comment Alert: AG Lynch signs off on using tobacco moneyPROVIDENCE -- Attorney General Patrick C. Lynch today signed a bond authorization needed to use tobacco settlement money to close holes in the state budget. Lynch will elaborate on his reasons at a 4:30 p.m. news conference. People across state government -- including legislators and officials in the governor’s office and the state budget office -- were holding their breath today, waiting to see if Lynch would decide on whether to sign the bond authorization. Lynch, who must approve such bonding authorizations, had said yesterday that he might not be ready to do so by a 3 p.m. deadline today because he and his staff had not had enough time to review the bond documents and their implications. In the governor’s office earlier today, spokesman Jeff Neal said the state will have enough cash on hand to get through the fiscal year, which ends Saturday, without implementing any emergency measures, even if Lynch did not sign the bond authorization by today’s deadline. Lynch complained yesterday that he was being rushed and the tobacco money comes with strings attached. At issue is the attempt to raise $154 million for next year’s budget -- and another $20 million to finance shortfalls in this year’s budget -- by selling a portion of future payments from the tobacco master settlement, a 1998 agreement by tobacco companies and 46 states designed to recoup the societal costs of smoking. -- With reports from Journal staff writer Elizabeth Gudrais Posted by Mike McKinney at 4:07 PM | Comment 195 connection to 95 south closes Wednesday nightPROVIDENCE -- The split taking traffic from Route 195 west to Route 95 south will be closed tomorrow night for work on a relocation project, the state Department of Transportation announced today. DOT said it's closing the connection for driver and highway worker safety. All lanes will reopen for Thursday morning's commute, the DOT promised. There will be detour signs and some other relating closings. Drivers on I-195 West who want to go south on Route 95 will be directed to take I-95 north to Exit 22B to Routes 6/10 south. That will rejoin Route 95 South at Exit 16, south of the work zone. Traffic going to the Rhode Island/Women & Infants/Hasbro Hospitals campus should use exit 2 from Route 195 west and follow signs to the hospitals. The DOT encourages through traffic on Route 95 South to use Route 295 or the Routes 6/10 detour to avoid delays. The DOT said the closings are needed so workers can adjust the steel beam assembly put in place in late April and May when parts of the highway were closed. Future lane and highway closures may be needed over the summer, as well as a series of highway closures beginning in late July or early August when workers will begin setting steel beams for a new ramp from Route 95 South to Route 195 East. Here's tomorrow's closure schedule: -- Route 95 north: One lane closed 8 p.m. to 9:30 p.m., between exit 18 (Thurbers Avenue) and Exit 20 (I-195). -- Route 195 west ramp to Route 95 south: closed 11 p.m. to 5 a.m. -- Route 95 south: Three left lanes closed 11 p.m. to 5 a.m. between exits 18 and 20. Posted by Mike McKinney at 3:03 PM | Comment R.I. senators back revival of immigration billWASHINGTON -- The Senate voted today to jump-start a stalled immigration measure to legalize millions of unlawful immigrants. President Bush said the bill offered a "historic opportunity for Congress to act," and appeared optimistic about its passage by week's end. The pivotal test-vote was 64-35 to revive the divisive legislation. It still faces formidable obstacles in the Senate, including bitter opposition by GOP conservatives and attempts by some waverers in both parties to revise its key elements. Supporters needed 60 votes to scale procedural hurdles and return to the bill. A similar test-vote earlier this month found just 45 supporters, only seven of them Republicans. This time, 24 Republicans joined 39 Democrats and independent Sen. Joseph I. Lieberman of Connecticut, to back moving ahead with the bill. Opposing the move were 25 Republicans, nine Democrats and independent Sen. Bernard Sanders of Vermont. Rhode Island senators Jack Reed and Sheldon Whitehouse, both Democrats, voted in favor of reviving the bill. Sen. Edward M. Kennedy, D-Mass., an architect of the bill, said he was proud of the vote, calling it "a major step forward for our national security, for our economy, and for our humanity." "We did the right thing today because we know the American people sent us here to act on our most urgent problems. We know they will not stand for small political factions getting in the way," Kennedy said in a statement following the vote. Today's outcome was far from conclusive, however. The measure still must overcome another make-or-break vote as early as Thursday that will also require the backing of 60 senators. And there is no guarantee that it will ultimately attract even the simple majority it needs to pass. The Senate was preparing to begin voting as early as this afternoon on some two dozen amendments that have the potential to either sap its support or draw new backers. -- Associated Press, with projo.com reports Posted by Andrea Panciera at 2:48 PM | Comment Update: Jury deadlocked in Richardson murder caseWARWICK -- The jury in the James Richardson murder trial told the judge at 1:23 p.m. today that it's dead-locked. Keep deliberating, Superior Court Judge Francis J. Darigan Jr. replied. When the jurors reported they have been unable to reach a verdict, Darigan essentially gave them a pep talk, encouraging them to go back in and deliberate more. "Two days and some hours isn't that much time, considering you've spent three solid weeks on this case," he told them. "You've been asked to do a difficult task. My hope is that you successfully complete that task by rendering a unanimous verdict." After a reasonable amount of time, if the jury cannot reach a verdict, Darigan said he'd go from there. The jury went back into deliberations at 1:33 p.m. Richardson is accused of the multiple-stabbing murder of Margaret Duffy-Stephenson, a teacher's aide from Warwick who was found dead in 2005 by her father after no one had been able to contact her. The jury in Kent County Superior Court began weighing the fate of Richardson, of Cranston, on Friday afternoon. Earlier today, the jury sought clarification from the judge on what constitutes a reasonable doubt. Reasonable doubt is based on evidence or lack of evidence, the jury was told today. It does not mean it is beyond all doubt, beyond all shadow of doubt or all possible doubt. "Mere suspicion, however strong, cannot sustain or justifiy a guilty verdict," Darigan told the jury. -- with reports from Journal staff writer Talia Buford Posted by Mike McKinney at 1:49 PM | Comment Assault charges dropped against man, 72SOUTH KINGSTOWN -- Misdemeanor charges of assault and malicious destruction of property were dismissed against 72-year-old Thomas Grimshaw, whom the police said had smashed windows at the home of a man who served prison time for defrauding Grimshaw and 40 other people. Another misdemeanor charge, disorderly conduct, was filed for one year in District Court, South Kingstown, which means that as long as Grimshaw, of North Kingstown, stays out of trouble during that time the charge will be dismissed and expunged. Eight years ago, Ronald Acton of North Kingstown was sentenced to three years in prison after defrauding Grimshaw and 40 others of more than $1 million. Read more about the case by clicking here. In late 1997, Acton, a former lawyer for Newport Electric, approached Grimshaw with a real-estate investment opportunity. He said he was buying houses and selling them for a profit. Grimshaw invested $5,000 and said he was told he would get a $1,000 return on his money. Between December 1997 and March 1998, Grimshaw gave Acton more than $65,000, according to court records. He was never repaid. In August 1998, Acton wrote Grimshaw a check for $12,000 that bounced, Grimshaw said. Last month, the police said, Grimshaw took a bat from his garage, drove around the block to the house where Acton lives and smashed several windows. Grimshaw was arrested and faced four charges, including felony assault, because Eleanor Acton, Ronald Acton’s wife, was standing behind a window when Grimshaw smashed it. The charges were reduced. -- With reports from Journal staff writer Brandie M. Jefferson Posted by Mike McKinney at 1:48 PM | Comment People escape unharmed when Coventry garage burnsCOVENTRY – No one was injured this morning when fire broke out in a garage attached to an occupied home on Kiley Way. The garage burned to the ground, though, and the fire damaged the aluminum siding on that side of the house and caused some damage to a neighboring home, Police Capt. Bryan Volpe said. Volpe said he was surprised the house didn’t sustain more damage. People inside the home escaped unharmed, Volpe said. The cause of the fire is unknown at this time, but it does not appear suspicious, he said. -- with reports from Journal staff writer Lisa Vernon-Sparks Posted by Kate Bramson at 1:31 PM | Comment Driver gets 5 to 7 years in crash that killed officer / Photo
The sentence drew fury from family members of Cabral, who wanted more time than the sentence Judge Robert C. Rufo imposed. Tom Cabral, Robert's brother, told reporters after the sentencing that the judge was "spineless" and said the state's laws need to be tougher. Questioned by reporters, C. Samuel Sutter, the Bristol County district attorney, who was at the courthouse with the Swansea police chief, said that the laws for the crime are sufficient. Before the sentencing, Smith, 50, sobbed in the courtroom and said what happened in early November 2005 was a terrible mistake he lives with every day. Smith changed his plea to guilty on June 4. Quinn said Smith first started drinking in the early evening hours of Nov. 4 at a firefighters' fundraiser at a local Knights of Columbus hall. He continued to drink after he left to hear a fellow firefighter's band play at a nearby bar. He was heading home when he hit Cabral. In changing his plea, Cabral admitted to charges of manslaughter under the influence of alcohol. A second and lesser charge -- motor vehicle homicide, a felony -- was dismissed with the changed plea. First Assistant District Attorney Thomas M. Quinn today recommended a sentence of 7 to 10 years in prison. The minimum is five years and the maximum is 20. Smith's family spoke in the coutroom today, as did Smith's lawyer, Jeffrey S. Entin. -- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer Alisha A. Pina Posted by Mike McKinney at 1:25 PM | Comment Judge: Woman, 90, can stay at R.I. facilityPROVIDENCE -- It looks like Laurette Borduas Eifrig will be able to continue living at Capitol Ridge for the indefinite future. This morning, Superior Court Judge Alice B. Gibney removed Eifrig’s Virginia daughter, Francine Ardito, as co-trustee of her mother’s trust. The judge also revoked Ardito’s power of attorney for her 90-year-old mother, a retired schoolteacher who is now blind and suffers from dementia. At the request of Eifrig’s Providence lawyer, Richard A. Boren, Gibney made Eifrig’s guardian, North Providence lawyer Paula M. Cuculo, co-trustee of Eifrig’s trust, and also gave Cuculo power of attorney for her ward, who has been living since February in assisted-living on Smith Street. Cuculo said after court that she will immediately request all of the Virginia institutions that hold Eifrig’s trust funds to send all of Eifrig’s money to her so that she can continue to pay Eifrig’s bills and move her to a larger unit at Capitol Ridge. Ardito, who has been trying for more than a year to move her mother back to Virginia, began a campaign last month to freeze her mother’s trust funds in Virginia, acting under her power of attorney and as co-trustee of her trust. That came days after her mother testified that she wanted to remain living in Rhode Island, at Capitol Ridge. In court today, Boren argued that Ardito had breached her fiduciary responsibility to her mother by ordering Virginia banks not to release money to Cuculo for payment of Eifrig’s bills in Rhode Island. He also argued that she had breached a duty to her older sister, Suzette Gebhard, when she accompanied her mother to a Virginia lawyer a few years ago, a visit that resulted in changes to her mother’s trust that gave the Ardito family members more than 82 percent of her mother’s assets when she dies. Cuculo told Gibney Eifrig has told her she wants her two daughters, who have been engaged in a bitter tug of war over Eifrig’s care and finances, to share equally in her trust, along with her granddaughter, Alicea Ardito. Cuculo says Eifrig told her that she does not remember ever giving Francine and her family the lion’s share of her money. Extra: More on the Eifrig case in a special report by Journal writer Tracy Breton on elder abuse ... -- Journal staff writer Tracy Breton Ardito, of Reston, Va., did not show up for today’s hearing even though she entered her appearance last week to represent herself. In papers FAXed to Gibney last week, she had asked for a nine-week continuance of today’s hearing. Since Ardito wasn’t present, the judge forced the lawyer Ardito had discharged, Janet Mastronardi, to appear in her stead –which delayed the hearing for an hour so that Mastronardi could be contacted and drive to court from East Greenwich. The hearing became tense with Mastronardi repeatedly challenging Gibney on her authority to make her represent Ardito’s interests, since she’d been discharged by her client and wasn’t being paid by her anymore. At various points in the hearing, she called arguments made by Boren and Cuculo “stupid” and “a farce, a sham on this court.” “I’d like to be discharged right now. There is no way this court can keep me here uncompensated and having been discharged,” she argued. “I want to go now.” Gibney ordered her to stay and told her before the hearing adjourned that she wasn’t letting her out of the case yet since Ardito wasn’t present to represent herself. Mastronardi told Gibney that she was forcing her to violate the Rhode Island Supreme Court’s Rules of Professional Conduct. Gibney told her that under the lawyers’ rules of practice, she remains in the case for now and will leave the case when the court gives her permission to do so. After the judge left the bench, Mastronardi complained that Gibney was “holding me out for malpractice” and that she was going to get a lawyer to represent her. Posted by Mike McKinney at 12:42 PM | Comment Jury asks judge for clarification in murder caseWARWICK -- The jury deliberating the murder case against James Richardson, who is accused of killing Margaret Duffy-Stephenson in 2005, sought clarification from the judge today on what constitutes a reasonable doubt. Reasonable doubt is based on evidence or lack of evidence, the jury was told today. It does not mean it is beyond all doubt, beyond all shadow of doubt or all possible doubt. "Mere suspicion, however strong, cannot sustain or justifiy a guilty verdict," Judge Francis Darigan told the jury. The jury began weighing the fate of Richardson, on Friday afternoon, and yesterday afternoon they asked to have read to them a transcript of testimony about how DNA is transferred. The court reporter read a transcript of a portion of testimony by Sharon E. Mallard, a state Health Department forensic scientist. Her testimony included the varying likelihood of DNA being transferred from one person to another by different means. Duffy-Stephenson, 37, had returned to her Warwick home early from a family wedding in Florida. Her husband, James O. Stephenson III, and then 3-year-old son, Robert, stayed behind to visit with relatives. A teacher’s aide for special-needs students, Duffy-Stephenson returned to work at Archie R. Cole Middle School in East Greenwich on Nov. 14. She was last seen alive on Nov. 16 at an appreciation dinner. Sometime that night, Duffy-Stephenson descended the stairs from her second-floor bedroom and was met by her attacker. She was stabbed several times before dying at the bottom of the stairs. Her attacker ransacked the basement and stole $11,000 from a locked safe before fleeing through the basement bulkhead door. Duffy-Stephenson’s body was discovered on Nov. 18 by her father, John Duffy, who’d come to check on her after no one had been able to contact her. Her death was ruled a homicide by the state medical examiner and an autopsy was performed. DNA was found beneath one of Duffy-Stephenson’s fingernails, and Richardson could not be excluded as the source. -- projo.com staff writer Michael P. McKinney, With reports from Journal staff writer Talia Buford Posted by Mike McKinney at 12:08 PM | Comment Photo: A tall ship sails for Newport Harbor
Posted by Jack Perry at 11:00 AM | Comment Burrillville police ID man killed in motorcycle-car crashBURRILLVILLE – The police this morning have identified the man who died last night in a motorcycle-car crash on Hill Road as Michael A. Marcone, 38, of Hill Road in the village of Pascoag. The accident remains under investigation, and the medical examiner’s office is expected to conduct an autopsy today, according to Lt. John Connors. Shortly before 8 p.m. last night, Marcone was traveling east on Hill Road. A 40-year-old Glocester woman -- identified as Rebecca A. Carrier, of 160 Echo Rd. -- was driving a 1996 Ford Taurus west on Hill Road. As Carrier attempted to turn left onto Centennial Street, the motorcycle and car collided, Connors said. -- projo.com staff writer Kate Bramson It appears as if Marcone skidded into the intersection, the vehicles collided and the motorcycle spun off and landed perhaps 10 to 12 feet from the motorcyclist, Connors said. Marcone was transported to Landmark Medical Center in Woonsocket, where he was pronounced dead, Connors said. The police don't believe he was wearing a helmet. Marcone may have moved recently to Burrillville, as his driver’s license lists a Hopedale, Mass., address, Connors said this morning. Carrier suffered “very minor” injuries. She had no passengers traveling with her, according to the police. Posted by Kate Bramson at 10:26 AM | Comment Keep cool at the coastIt’s going to be cooler near the coast, so boaters and swimmers may want to head to the water today. Also, for all your nautical needs, visit the Maine Harbors site, which is packed with tide charts, marine weather news, information on fishing tournaments and links to local boat builders, charter operators, lighthouses and publications. Be sure to review the Rhode Island tide charts on this site. To check the status of any beach for swimming, go to the state Department of Health’s beach-monitoring siteor call (401) 222-2751 for recorded information. Posted by Kate Bramson at 7:37 AM | Comment Warwick jury deliberations to enter third dayWARWICK -- The jury weighing the fate of James Richardson, who is charged with murdering Margaret Duffy-Stephenson in 2005, is expected to return for a third day of deliberations this morning in Kent County Superior Court. The jury began deliberating on Friday afternoon. Yesterday afternoon, the jury asked for a transcript of testimony to be read to them about how DNA is transferred. DNA was found beneath one of Duffy-Stephenson’s fingernails, and Richardson could not be excluded as the source. The court reporter read a transcript of a portion of testimony by Sharon E. Mallard, a state Health Department forensic scientist. Mallard's testimony included the varying likelihood of DNA being transferred from one person to another by different means. According to Mallard's testimony last week, Mallard said that, even in controlled tests, many times scientists are not able to recover any DNA from beneath fingernails. DNA constantly transfers from surface to surface through blood, sweat, skin cells and semen, among other things, she said. For DNA to embed itself beneath Duffy-Stephenson’s nails suggests she was involved in a struggle with her assailant, Mallard said. Posted by Kate Bramson at 7:28 AM | Comment The heat is on, so is an ozone alertThe temperature could reach 93 degrees today in the Providence area, contributing to unhealthy ozone levels for much of New England, according to the National Weather Service. An ozone alert will run from 6 a.m. until 9 p.m. today, the National Weather Service says. The temperature should fall to about 70 degrees tonight. Rides on all RIPTA buses, except special services, will be free because of the ozone alert. Posted by Jack Perry at 7:01 AM | Comment 3 indicted in Providence gang murderPROVIDENCE -- A grand jury today indicted three Providence men who are accused in the gang-related murder of 23-year-old Viceth Klakratok in January, the city's first homicide of the year. Named in the indictment charging each with one count of conspiring to murder and one count of murdering Klakratok are: Sarith Chith, 19, of 140 Bridgham St., Thomas Havey, 19, of 11 Oak Ave., and Tavarez Morales, 18, of 10 Barry Rd, Apt. #1. The three will be arraigned in Providence County Superior Court on July 18, according to a statement from Attorney General Patrick C. Lynch's office. The indictment does not detail the case particulars. But earlier this year, the police said that on Jan. 28 that Hanover Boyz street gang members confronted a member of the Young Bloods gang and chased him to his death. The police arrested two suspects described as Hanover Boyz, and charged them with murder in the slaying of Klakratok, of 110 Atlantic Ave., Elmwood. When the police announced arrests in the case in late January, they included Veasna F. Pich, 20, of 172 Whitmarsh St., in the West End and a 17-year-old who was not identified because of his age at that time. The third arrest -- of Sarith Chith -- followed soon after. Pich was not named in today's indictment. "Our investigation continues" and it's possible other individuals may be charged, said Michael Healey, spokesman for Lynch. Morales, the 17-year-old who has since turned 18, agreed to be waived out of Juvenile Court and be tried as an adult, according to the Attorney General's Office. Klakratok was struck in the head several times with a club or pipe and fell in the middle of Cranston Street in the West End, dead from blunt-force trauma, the police and Special Assistant Attorney General James Baum said in January. -- projo.com staff writer Michael P. McKinney, with Journal archival reports Posted by Mike McKinney at 6:55 AM | Comment Download today's front pageQuestions about the state budget and the latest on Newport Grand lead today's Journal. |
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ProJo 9 to 5 News Blog
Oct 2005 - March 2006