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October 9, 2007
Man convicted of murder gets new trial
A Providence man who was convicted of murder outside a nightclub in 1998 is scheduled to appear in Superior Court this morning.
In December, 2002, the state Supreme Court ruled Destie Ventre deserved a new trial, overturning a second-degree murder conviction by a lower court.
Ventre, now 35, was accused of fatally shooting one man and wounding another outside the Acorn Social Club in Providence in 1998. He said he acted in self defense.
Retired Chief Justice Joseph Weisberger wrote in his decision that the trial judge, the late John Sheehan, should have allowed evidence that one of Ventre’s attackers, Vincent Leonardo, who was injured, had been convicted of murder when he was 14.
Weisberger said Ventre may have reasonably been afraid for his life.
The Supreme Court also called the trial judge’s instructions to the jury on the self-defense doctrine "gravely inadequate."
Ventre's attorney, John "Jack" Cicilline Sr., agreed, saying he believed the trial justice took a narrow view of the law.
Cicilline said his son, David Cicilline, now the mayor of Providence, and lawyer Ann Marsh wrote the brief outlining the appeal in late 2001, but the elder Cicilline argued it before the court because his son was campaigning.
Posted by Brandie Jefferson
at 9:22 AM | Permalink
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