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December 28, 2007

Scooting ahead to weather forecasts for New Year's

Journal photo / Frieda Squires
Eliza Trevor, 9, of Providence, and her brother, Jack, 12, took advantage of relatively-mild weather to learn how to ride their new Razor scooters in the parking lot behind Brown Stadium on Elmgrove Avenue this afternoon.

Fast-forwarding to New Year's Eve this Monday, the forecast is for a 30 percent chance of snow with a low of 28 degrees that night.

For those planning to take a "polar bear" plunge from a Rhode Island beach on New Year's Day, Tuesday's forecast holds a 40 percent chance of snow and a daytime high of 43 degrees.

Tonight and tomorrow, it's rain and rain, the National Weather Service forecast says.

The weather service report includes a hazardous weather outlook on its Web site for tonight and days leading up to New Year's. Some "brief urban or poor drainage flooding" could happen in places with clogged storm drains, the outlook says.

On Sunday night and into Monday morning, "winter weather hazards are likely" around southern New England in the form of snow accumulating or a mix of freezing and "frozen elements." The chance of "significant snowfall" Sunday night and Monday is currently 30 to 40 percent, the weather service says, with potential for six inches of snow or more.

Oh, and those water temps? Well, it's about 42 degrees off Newport today, and a tad cooler farther north and a touch warmer along the southern coast. If it stays that way, it'll be just about as cold in the water as out.

Posted by Mike McKinney at 7:13 PM | Comment

Update: Pension contribution check on hold for ex-clerk

The state's treasurer has put a hold on a $14,000 pension refund check processed for a former Division of Motor Vehicles clerk who is one of two former DMV clerks arrested by state police for allegedly providing false driver's licenses to illegal immigrants.

Soraya Santiago is one of two women accused of working with two middlemen who got about $2,500 to $3,000 by each person seeking a Rhode Island license with a fake identity.

She had been an employee of the state Division of Motor Vehicles since 2000 before being fired after she was arraigned on 11 counts of conspiracy to commit identity fraud.

She then filed for refund of the $14,000 she had made in state pension contributions. Santiago did not work for the state long enough to earn a pension.

Treasurer Frank T. Caprio's office today cites a section of state law that says contributions should not be returned or ordered until the employee has satisfied any other judgments involving restitution for losses incurred as the result of a crime.

Caprio is also asking for an opinion from state Attorney General Patrick C. Lynch's office to see whether her pension contributions can continue to be held until the court case is resolved, said Peter Kerwin, spokesman for Caprio.

Caprio added that "If Ms. Santiago is fined or ordered to make restitution for any losses to the state arising from her activities, it makes no sense for the state to be paying out money to her right now."

Lynch said in a statement this evening the charges against Santiago “are serious and are directly related to her state employment. It is certainly appropriate that any funds attributable to that employment be available to compensate the state should fines or restitution be ordered. With the appropriate hold in place, both the state’s and Ms. Santiago’s rights can be protected while this case progresses through the courts."

-- projo.com staff writer Michael P. McKinney

Lynch added that his civil division's lawyers have been coordinating with Caprio’s office on the matter for more than a week. "We look forward to ensuring that our mutual efforts are consistent as my prosecutors proceed with the case against Ms. Santiago in Superior Court," his statement said.

The civil division lawyers are exploring the availability of an action through which the pension check monies can be deposited into the court registry, "where they will be distributed only by court order to the parties who are legally entitled to a recovery from or a return of them,” Lynch stated.

The attorney general's office's criminal division is screening the case against Santiago.

Last month, the Journal reported 28 people have been accused of getting fraudulent Rhode Island driver's licenses in a scam. One was arrested in New York in November. Many of the people who obtained licenses are suspected or convicted drug dealers.

Posted by Mike McKinney at 6:45 PM | Comment

Despite discounts, gift cards, holiday sales disappoint

Journal photo / Bill Murphy
Rebecca Barlowe, a sales associate at Borders in Cranston, cashes in a gift card this afternoon.

People crowded into stores again today as they continued their post-Christmas shopping, but their spending this week may not be enough to cheer up retailers grinding through a mediocre shopping season.

Like many shoppers around the country, people at Providence Place mall were taking advantage of deep discounts and closeout sales as they exchanged ill-conceived presents or cashed in gift cards.

“It didn’t take long” to spend a $25 gift card at Victoria’s Secret where the goods were half-price, said Lindsay Wilcox, of Smithfield.

She and boyfriend Garrett Hogan were taking a break in the mall’s food court after making the rounds of Abercrombie & Fitch, Forever 21 and other stores.

Deep discounts are de rigueur this year, particularly at local outlets that won’t live to see the New Year, such as KB Toys and One Thousand Steps, both of which are closing their stores in Providence Place. Closeout prices at those stores are as deep as 75 percent off regular prices.

Even retailers on solid ground, such as high-end retailer Nordstrom Inc. took a third off regular-priced men’s apparel, while away from the mall, Target Corp. lowered prices on popular video games to $37 to rid itself of merchandise.

The discounting was forced on retailers by Americans who procrastinated about their holiday shopping chores and when they got around to them, didn’t spend as much as initially expected.

-- Journal staff writer Paul Grimaldi, with wire reports

Sales surged on the day after Thanksgiving, slumped for weeks afterward and then recovered a few days before Christmas, said Michael McNamara, vice president of research and analysis at MasterCard Advisors.

Only 50 percent of the respondents said they had completed half or most of their holiday shopping by the time the International Council of Shopping Centers surveyed shoppers from Dec. 13 to Dec. 16.

Fuel prices and severe storms influenced spending this season, said McNamara. Gas prices over the holiday period ranged between 30 percent and 35 percent higher than the comparable period last year.

“Overall, sales came in just above the lower end of the range we were expecting, maintaining the slower, modest growth we’ve been seeing throughout the year,” McNamara said.

The International Council of Shopping Centers, a trade group, said the last-minute shopping rush before Christmas didn’t save the season. It expects November and December same-store receipts to fall below the council’s October forecast of 2.5 percent growth for the two-month period.

Even a post-Christmas buying binge would leave that performance the smallest annual sales increase since 2002.

"Given the slow performance at the beginning (of December), it appears that the industry is on track for a sales gain that is slightly under our original expectation," said council economist Michael P. Niemira.

After the most disappointing holiday sales season in five years, retailers are pinning their hopes on those deep discounts and ubiquitous gift cards to rescue them.

Posted by Andrea Panciera at 5:24 PM | Comment

Pawtucket investigating report of pedestrian struck

PAWTUCKET -- Responders are investigating a report of a pedestrian struck in the area of the Benefit Street-Cottage Street intersection, according to police.

No other details were yet available.

Posted by Mike McKinney at 5:00 PM | Comment

License suspension sought for SNM Liquors in Providence

PROVIDENCE -- Assistant City Solicitor Steven Catalano today asked the Providence Board of Licenses to impose a two-week suspension of the liquor license of SNM Liquors of 187 Douglas Ave. for selling alcohol to a minor in a Nov. 17 police sting operation.

The board took no immediate action. Vice Chairman Gordon D. Fox said a decision will be made in 10 days.

During the hearing, Providence Det. Joseph Amoroso testified that Providence police were contacted by the Barrington police, who told Providence they had information that the driver of a motor vehicle involved in a fatal accident had consumed alcohol bought at SNM Liquors.

As a result, Amoroso testified, Providence police included SNM Liquors on a list of liquor stores to be tested to see if they would sell to minors. The police sent Luis Robles, a 20-year-old member of the Providence Police Explorer program, into SNM Liquors to buy a Bud Light 6-pack.

Robles testified that he went in and bought alcohol from Shawn Merilan, the store owner who was working the counter. He said Merilan sold him the 6-pack without questioning his age or asking him to sign the minor book -- where a customer fills out his/her personal information if the person's claim of being of age is doubted, regardless of the ID information shown.

Merilan testified that he did not remember the sale but that he might have sold it to Robles because Robles resembles one of his other customers who Merilan knows is of legal age.

Earlier this month, Merilan pleaded no contest in District Court to two violations of selling alcohol to minors and was fined $250 as a result of the police sting operation. He was one of several liquor store owners summoned to court as part of that sting.

The offense that Merilan and store workers faced was a violation of a criminal statute. A record of that conviction was entered into the evidence today.

-- With reports from Journal staff writer Gregory Smith

Barrington police told Providence police that Michael J. Silveira, 17, of Barrington, who was at the wheel in the car crash that killed his friend Jonathan C. Converse, 16, of Barrington, was the one who consumed alcohol allegedly was bought at SNM Liquors.

Last week, Silveira entered a plea agreement and was sentenced to serve two years in the state Training School for driving while intoxicated and slamming into a tree.

Neither Merilan nor SNM Liquors has been criminally charged in connection with the liquor that Silveira ultimately allegedly drank. Today's hearing focused on the Providence police sting operation, not the Barrington investigation.

But Amoroso said after the hearing that the transaction may be the subject of a Providence police licensing investigation of SNM liquors, which is a civil, not criminal, matter.

Dan Converse, the father of Jonathan Converse, attended today's hearing as did Barrington police Det. Josh Birrell.

After the hearing, Converse said that he attended to educate himself about the civil and criminal legal process involving minors. He said he finds that the law in the criminal domain provides "a slap on the wrist" for selling to minors.

"You can't downplay the importance of supplying alcohol to minors," Converse said.

Posted by Mike McKinney at 4:58 PM | Comment

R.I. commercial fishermen get 2-week license extension

Due to a "processing delay," commercial fishermen in Rhode Island who have applied for but not yet received 2008 licenses may continue using their 2007 licenses through Jan. 15, the state Department of Environmental Management announced today.

During the two-week extension, commercial fishermen must have their 2007 licenses on them while fishing.

Application forms for 2008 licenses were mailed in mid-December, later than in past years, the DEM said in a news release. "The resultant influx of applications at one time has created a backlog, which staff expects to clear within a week to 10 days."

Posted by Mike McKinney at 4:50 PM | Comment

Make it to the New Year: Drive safe and sober

If you’re going to spend Monday celebrating New Year's Eve, and if you’re going to drink, be sure to make arrangements for safe travels that do not involve getting behind the wheel of a car.

Rhode Island State Police say they will have an increased presence on the state’s highways, looking to get drunk drivers off the road.

“New Year’s Eve is a night that a lot of people are celebrating and drinking and driving,” Capt. Jim Swanberg said. “Troopers are focusing on that… trying to put on additional patrols and have more of a police presence on the highways.”

You can, of course, still partake in the spirit of the celebration without running the risk of a ticket, or worse – just plan ahead. Make a deal with a sober friend, walk to your party, or arrange a taxi.

If, after a long night, you’re not sure if you’re in shape to drive, chances are you’re not. But for an idea as to how a drink may affect your blood alcohol levels, check out this blood alcohol content calculator.

Remember, in Rhode Island, and other states, if your BAC is .08 or greater, you're legally intoxicated.

Oh, and Happy New Year!

-- projo.com staff writer Brandie M. Jefferson

Posted by Brandie Jefferson at 3:30 PM | Comment

Traffic alert: Rte. 195W center lane closed at Rte. 95

PROVIDENCE -- An accident has closed the center lane of Route 195 west where it meets Route 95 at this hour, the state Transportation Management Center advised at 3:18 p.m.

Check the TMC's site for Web cam views and jam factors, as well as an update on this alert.

Posted by Mike McKinney at 3:27 PM | Comment

Court limits 'ex parte' talks with DHS hearing officers

Department of Human Services hearing officers may not communicate off the record with the state agency’s staff about contested facts and opinions unless the other side has a chance to respond, the state Supreme Court ruled this week.

The issue arose when David Arnold and Pauline Belanger applied to the Department of Human Services for medical assistance in 2005, and the agency’s Medical Assistance Review Team determined they were not disabled and not eligible for Medicaid.

Arnold, of Central Falls, and Belanger, of Chepachet, took their cases to Superior Court, claiming the department’s hearing officers had a policy and practice of having off-the-record communications about cases without notifying the other side.

The agency contended that such communication was rare and did not violate the Administrative Procedures Act. Superior Court Judge Stephen J. Fortunato Jr., who has since retired, disagreed, ordering hearing officers to avoid “ex parte” communication with agency staff about contested facts and opinions. The agency appealed.

And in a 13-page opinion written by Chief Justice Frank J. Williams, the Supreme Court backed Fortunato’s ruling, saying, “In short, no litigious facts should reach the decision-maker off the record in an administrative hearing.”

-- Jounral staff writer Edward Fitzpatrick

Unless the other side is given a chance to respond and cross-examine, Department of Human Services hearing officers may not communicate with anyone, including agency staff, about contested facts such as test results, diagnostic information, opinions on the severity of medical conditions or an overall assessment of an applicant’s disabilities, the high court said.

But hearing officers may communicate with agency staff about hearing schedules, procedural matters and general information about how hearings are conducted, and as long as they don’t discuss the contested facts of a case, hearing officers may discuss general policy matters and consult state and federal regulations, the court said.

“In other words, DHS hearing officers are required to guard against the inherent unfairness of secret evidence,” Williams wrote, “but they are not required to isolate themselves from the agency.”

Posted by Mike McKinney at 3:12 PM | Comment

UPDATE: Trial schedule unchanged for smoke-shop case

PROVIDENCE -- Seven Narragansett Indians accused of scuffling with State Police who raided a tribal smoke shop will return to court Jan. 2., but the trial's start date has not been changed.

The Jan. 2 meeting will be for pre-trial hearing.

"We would anticipate that the defendants would move to change it," Michael Healey, spokesman for Attorney General Patrick Lynch said, "but as of now, that has not happened."

Lawyers met today with Superior Court Judge Susan McGuirl to discuss the trial schedule.

Chief Sachem Matthew Thomas and six other defendants are charged with misdemeanor crimes ranging from assault to disorderly conduct.

They were arrested four years ago when State Police raided a tribal smoke shop that was not collecting state taxes.

A federal appeals court later ruled the shop was operating illegally.

Jury selection is now scheduled for Monday, Jan. 7. But defense lawyers have said they will ask for a delay so they can prepare for trial.

-- with reports from Journal staff writer Randall Edgar and the Associated Press

Posted by Andrea Panciera at 2:00 PM | Comment

New year's resolution: What to do with $43,831?

Someone has a new year's resolution that shouldn't be too hard to keep: What to do with $43,831?

A player on the Wild Money game won the drawing last night but has not yet come forward, Rhode Island Lottery said today.

The winning ticket was bought at the 7-Eleven at 3844 Post Road, Warwick.

Drawings for the Wild Money game take place on Tuesday, Thursday and Saturday on Channel 12 WPRI at 7:29pm.

Posted by Mike McKinney at 1:10 PM | Comment

DA: Driver in hit-and-run death was text messaging

TAUNTON, Mass. -- Authorities say the New Bedford man charged in the hit-and-run death of a 13-year-old Taunton boy lost control of his SUV while text messaging on his cell phone.

A Bristol County prosecutor said in Taunton District Court on Friday that Craig Bigos told police he thought he hit a mailbox, and didn't realize he hit Earman Machado until the next day.

Bail was set at $5,000 for Bigos, who pleaded not guilty to charges including motor vehicle homicide, leaving the scene of an accident with death resulting and driving without a license.

Police say Machado was riding his bicycle just after midnight Thursday when he was struck and killed by the 1995 Ford Explorer. Bigos turned himself in about 14 hours later.

Defense attorney Daniel Igo says the 31-year-old Bigos has a clean criminal record.

-- The Associated Press

Posted by Mike McKinney at 1:09 PM | Comment

Judge: Painting taken by Nazis belongs to Jewish dealer

PROVIDENCE -- A painting auctioned by Nazi authorities and now held by an elderly German baroness rightfully belongs to the estate of a late Jewish art dealer who was forced to sell it, a federal judge has ruled.

In a decision made yesterday, U.S. District Court Judge Mary Lisi ordered Maria-Luise Bissonnette to turn over "Girl from the Sabiner Mountains" to representatives of the estate of Max Stern, a prominent Canadian art dealer who died in 1987.

Although outside experts have not authenticated the painting, both sides claim it is a work of Franz Xaver Winterhalter, a 19th-century artist made famous for his portraits of European nobility.

"It's a very significant ruling," said Thomas Kline, a lawyer for Stern's estate. "It vindicates Dr. Stern's effort to try and hold onto his collection during the Nazi era, (and) to seek its return afterward."

Kline said he intends to arrange for the return of the painting, which is now in a German warehouse. Marta Garrett, a lawyer for Bissonnette, would not comment on the ruling or say whether Bissonnette plans an appeal.

-- The Associated Press

Stern inherited his family's Dusseldorf art gallery in 1934. Three years later, Nazi authorities forced him to auction off its contents because Stern was a Jew.

Bissonnette's stepfather, Karl Wilharm, a doctor and Nazi party member, purchased the painting at the auction. Bissonnette eventually resettled in Rhode Island and inherited the painting from her parents.

Stern fled Germany after the auction, resettled in Montreal and tried to recover his lost artwork. He never tracked down "Girl from the Sabiner Mountains" before dying in 1987.

Stern left his estate to three universities: McGill and Concordia universities in Montreal and Hebrew University in Jerusalem. The schools have continued Stern's work in trying to find his paintings, several of which remain missing.

Stern's estate found the painting after Bissonnette attempted to auction it in 2005. They first tried to negotiate its return but when talks broke down, lawyers for the estate filed a lawsuit to get it back.

Posted by Mike McKinney at 12:08 PM | Comment

Update: Boil-water advisory lifted in Woonsocket

The boil-water warning for northeast Woonsocket has been lifted, after tests showed no contamination in the city’s public water system, Woonsocket Water Supt. Carol Lariviere said this morning.

“It’s great, it’s definitely fantastic,” Lariviere said.

The boil-water warning had been issued Wednesday after a 12-inch water main on Diamond Hill Road broke, reducing water pressure and resulting in discolored water in some parts of the system along Elder Ballou Meeting House Road, Bound Raod and Diamond Hill Road. It also drained the 1.2 million-gallon Diamond Hill Road water tank.

No evidence of contamination was found either before or after the break was fixed, but city and state health officials issued the warning to about 3,000 residents in the affected area as a precaution. Water service in the rest of the city was never affected, Lariviere said.

The line was repaired Wednesday night and pumps are being used to maintain pressure while they water tank is gradually refilled. Lariviere said the water tank, which towers over Diamond Hill Road near the Cumberland line, is being disinfected and gradually refilled. That process should be finished by the end of next week, she said.

-- Journal staff writer John Hill

Posted by Jack Perry at 11:49 AM | Comment

2 die after consuming products from Mass. dairy

BOSTON — State health officials warned consumers not to drink milk products from a central Massachusetts dairy, after the deaths of two elderly men who consumed products contaminated with listeria bacteria.

Whittier Farms has suspended operations and distribution until a source of contamination is identified, said Dr. Alfred DeMaria, the state director of communicable disease control.

The Department of Public Health identified a total of four cases of listeriosis during the past six months. Two of the victims, a 78-year-old man and a 75-year-old man, died from the infection in Worcester County in June and October.

A pregnant, 34-year-old woman recovered from the illness but her pregnancy ended in a miscarriage, DeMaria said.

He said DNA fingerprinting showed that the bacteria causing the infections came from a common source. Samples collected showed product contamination.

The bacteria can cause listeriosis, a rare but potentially fatal disease that can kill babies and people with weakened immune systems and cause miscarriages in pregnant women.

Symptoms include fever, headache, stiffness, nausea, abdominal pain and diarrhea.
“We don’t exactly know how this happened,” DeMaria said. “People are at low risk, but they shouldn’t be consuming these products until we have completed our investigations.”

-- The Associated Press

None of the victims were identified for privacy reasons.

Officials at Whittier Farms did not immediately return calls seeking comment.

According to its Web site, the 500-acre farm in Sutton is operated by the fourth and fifth generations of the Whittier Family. The dairy has a processing plant in Shrewsbury and also operates two retail stores.

A message left on an answering machine at the Sutton store said the store was presently closed and that information to date was “inconclusive.” The message said the owners would be addressing the issue as soon as possible.

The bulk of the firm’s distribution is home delivery to customers in the greater Worcester-area.
Whittier Farms’ milk products are sold under several brand names, including Whittier, Schultz, Balance Rock, Spring Brook, and Maple, state health officials said.

Posted by Brandie Jefferson at 9:14 AM | Comment

Photos: Two accidents on Route 295

Journal photo/ Bill Murphy
Journal photographer Bill Murphy took to the road this morning to see what he could find after learning that icy roads had caused several accidents around the state. On Route 295 in Smithfield, Murphy found the aftermath of two accidents across from each other -- one on the southbound side, the other on the northbound side. In the top image, Smithfield firefighters watch as a car that had rolled over is loaded onto a flatbed on Route 295 North. In the bottom image, a tow truck backs up to get closer to a pickup truck that crashed on Route 295 South.The driver of this vehicle was taken to the hospital with minor injuries.

Posted by Jack Perry at 8:51 AM | Comment

Slick roads lead to accidents

A multi-vehicle accident has the right shoulder of Route 10 closed in Cranston.

The accident, on the northbound side of Route 10 near Route 95, is just one of a handful of accidents from East Greenwich to East Providence that has plagued traffic this morning.

Check traffic conditions on the Transportation Management Center's Web site.

Yesterday's rain froze overnight when temperatures dropped to below freezing levels, leaving slick roads despite the mild morning temperatures.

Conditions should improve. The sun is making its appearance and temperatures are expected to reach the mid 40s as the day goes on.

Posted by Brandie Jefferson at 7:34 AM | Comment

Mayor to discuss plan for Cranston concrete plant

Journal photo/Kathy Borchers
Cullion Concrete has been building a concrete plant in the Eden Park neighborhood in Cranston which has chronic flooding. The neighbors are upset about the plant and have formed a group to try and stop it.

Cranston Mayor Michael Napolitano is expected to announce a plan today to buy out the Cullion Concrete batching plant that is being built off Pontiac Avenue.

The plant, which is half-built, has drawn criticism from residents, and spawned "Cranston Citizens for Responsible Zoning and Development,"a group that opposes the plant's completion.

The state Supreme Court in October ordered Cullion and the city to participate in mediation; since then, both sides have remained silent about negotiations.

Napolitano said in a statement that the controversy has been resolved. He plans to discuss the outcome of mediation at a press conference today at noon in Cranston City Hall.

-- projo.com staff writer Brandie M. Jefferson

Posted by Brandie Jefferson at 7:16 AM | Comment

Newport's new representative will be sworn in today

Rep.-elect Steven J. Coaty will be sworn into his new position this evening.

The Republican will serve the remaining year of the former Rep. Paul W. Crowley’s term, representing Newport. Crowley, a Democrat, died on Sept. 24 after suffering from melanoma.

Coaty beat former state Sen. J. Clement “Bud” Cicilline by about 900 votes in a special election earlier this month.

Coaty will be sworn into the District 75 House seat at 5 p.m. at a ceremony in the House of Representatives Chamber in the State House. Later in the evening, Speaker William J. Murphy will host a reception for Coaty in the House Lounge.

Posted by Jack Perry at 7:02 AM | Comment

Watch for icy roads this morning, warming later

Be extra careful on the roads this morning.

Moisture from yesterday's rain and overnight fog froze thanks to the freezing overnight temperatures and has left a slick surface on many roads.

But conditions should get better. The National Weather Service is forecasting a high temperature near 45 degrees with clear, sunny skies.

Expect some rain late tonight and early tomorrow morning with low temperatures in the mid-30s.

Rain should continue into mid-morning Saturday, getting heavy at times. The temperature should climb towards 50 degrees with a south wind up to 13 mph.

Saturday night the skies should clear and the temperature should drop to about 27 degrees with a west wind of about 9 mph.

Sunday's looking partly sunny with a high temperature in the low 40s and a mild, west wind.

Snow may return Sunday night, after 9 p.m. as the temperature dips to about 27 degrees.

We may have to deal with some snow Monday morning, also, with a forecast high of 34 degrees.

For weather updates throughout the weekend, visit projo.com's weather page.

Posted by Brandie Jefferson at 7:01 AM | Comment

Today's front page

Today's front page features coverage of the assassination of Pakistani opposition leader and former prime minister Benazir Bhutto, including an interview with U.S. Rep. Patrick Kennedy, who is in Pakistan and was planning to meet with Bhutto before she was killed.

Download a copy of today's front page in .pdf format.

Posted by Jack Perry at 7:00 AM | Comment