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« Registration to fish in saltwater? NOAA seeks comments | Today | Man accused of double murder waives bail hearing » June 12, 2008Update: Pona's conviction in witness killing overturnedPROVIDENCE — The state Supreme Court this morning overturned the conviction of Charles “Manny” Pona on charges that he conspired with others to have 15-year-old Jennifer Rivera gunned down just before she was to testify that she saw Pona running from the scene of another murder. 
"The murder of Jennifer Rivera was especially repugnant,” Justice Francis X. Flaherty wrote in the high court decision. “It was a profound affront to the basic norms of civilized society. Nonetheless, even those accused of despicable acts are entitled to a fair trial. In this instance, we have concluded that the defendant did not receive a fair trial, and we are convinced that it is our responsibility to that same civilized society to reverse for a new trial.” So the Supreme Court vacated Pona’s convictions in the Rivera murder and sent the case back to Superior Court for a new trial. Pona remains in prison for killing 17-year-old Hector Feliciano. The Supreme Court affirmed Pona’s conviction in that murder last year. -- Journal staff writer Edward Fitzpatrick
The Supreme Court said the trial judge, the late Superior Court Judge William A. Dimitri Jr., should not have admitted evidence that related solely to Pona’s conviction for Feliciano’s murder, such as evidence that Pona’s pager was found at the scene of Feliciano’s murder. Also, the court ruled Dimitri should not have admitted the entire audio tape of testimony that Rivera gave at a bail hearing. The recording allowed the jury “to hear the young victim’s ‘voice from the grave [as described by the prosecutor in closing] for hours on end,” and some of the recording “focused entirely on demonstrating to the jury that Pona already was a dangerous murderer,” Flaherty wrote. While ruling on those grounds, the Supreme Court said, “We are convinced that the unanticipated testimony concerning Pona’s prior cocaine use, combined with an ineffective curative instruction, was error.” “Although the shocking nature of this crime causes a tremor to the very core of our society,” Flaherty wrote, “it is no less important that those accused of such heinous acts receive a fair trial.” Attorney General Patrick Lynch said in a statement this afternoon that Rivera's murder was an "assault on our justice system," and called the Supreme Court's decision "disappointing." But, he added, "today's decision fills us with the resolve to retry the case in Superior Court and ensure that Pona is once and for all held accountable for his vicious, vengeful, and cowardly actions." Posted by Jack Perry Commentschuck | June 12, 2008 11:38 AM link Once again these buffoons have demonstrated their total lack of respect for the people of this state. The attorney general failed the vitim and these clowns fail our society. Outrageous. philip edwardo jr | June 12, 2008 1:10 PM link My heart goes out to the family of this brave young woman who was doing the right thing. ellie | June 12, 2008 1:16 PM link Just another reason why i left that lousy corrupt state many years ago...............!!! Steve Russo | June 12, 2008 1:19 PM link I agree with the comment made by Steve Russo. Not only is this state robbing the taxpayers BLIND with their hundreds of million dollar deficit and lack of proper care for our school children, now they can't even provide proper justice for a slain victim that was doing the right thing. It's absolutely DISGUSTING. And they're suprised that people leave here. This entire state'S government needs to be REMOVED and REPLACED. Withheld | June 12, 2008 1:47 PM link That is so sad. The guy commits murder and has another witness killed that was going to testify against him. Let me think lets watse more taxpayers money because never got a fair trail. That is why I moved out of Rhode Island is completly corupt and complete BS. May God Bless The Rivera family to have to go thru all this again. Peace be with you. JIm Turner | June 12, 2008 2:05 PM link Good ol’ supreme court. They have to make sure lawyers wring as much money out of the system as possible. Now we will waste our tax dollars re-trying this idiot for something we already know he did. He’s already in prison (for life I hope) for killing someone else, so it makes no sense wasting any more time or money on this fool. Sometimes our court system (and its players) is such a joke it’s embarrassing. “"The murder of Jennifer Rivera was especially repugnant,” Justice Francis X. Flaherty wrote”. Obviously not repugnant enough. Talk about talking out of both sides of your mouth. Shameful… I feel sorry for Jennifer’s family being made to go through this again. Lawyers and money, that’s what it’s all about… ml | June 12, 2008 2:11 PM link Will someone please list for us all of the cases that Spider-Boy has successfully adjudicated since he took office? I can't think of a single one he hasn't bobbled in some way and they should all be right out in front when he starts his run for Governor. Greg | June 12, 2008 2:36 PM link Yup....our good ole justice system. no justice for the victimes just fair justice for the criminals. rl | June 12, 2008 2:41 PM link Stop blaming the STATE and the people in charge of it! The Attorney General didn't murder this poor girl, Pona did! This man is going to be retried and hopefully re-convicted. Even if he isn't, he is still SERVING TIME AT THE ACI FOR MURDER. He's not going anywhere anytime soon. pat | June 12, 2008 4:29 PM link to all of you who think this is such a lousy corrupt state, why are you still reading our paper???!?!?!!?? SJO | June 12, 2008 4:34 PM link Helloooo, outraged commenters above me. What is it you do not understand about our principle of "justice for all" in all its ramifications? If you allow inadmissible evidence against someone accused of a violent, tragic crime, you must also allow it in less heart-rending cases. It could even be used against YOU or one of your children some day! Sometimes protecting defendants' rights leads to painful situations, like this one. No one likes to see an alleged brutal killer go free on a technicality. But I'm proud of a country and its constitution that takes pains to make all convictions just and air-tight. (And I am terribly sorry for Jennifer's family. The blame here is on the prosecutors for bumbling with the evidence.) Elizabeth | June 12, 2008 5:33 PM link SJO, what a moronic statement! We were smart enough to leave a state where virtually everyone in any position of power has abused their power or office over the past many years and since we don't live in R.I. any longer we can't read Projo on-line. Your sense of reasoning and logic are disturbing and scary! Rob | June 12, 2008 7:26 PM link So now we must have mercy for crimanals?Wow this is ridiculous,regardless of the matter feliciano's and rivera's case have a link to each other which is pona.and oh yeah "justice for all"oh please,im anxious for his next trial,good thing he will most definately be spending the rest of his life in prison,where him and his brother belong.glad there's a life sentence to keep criminals like this away from our innocent children. jackie | June 12, 2008 10:58 PM link I worked at the RI AG's office when Rivera was murdered. There was quite a bit of consternation over this. I know beyond a doubt that Pona ordered the hit. Tony P | June 12, 2008 11:59 PM link Box Score RI Supreme Court Kill Someone: You Have Rights Gays Who Want to Marry: You Have No Rights
bob | June 13, 2008 12:26 AM link The murder of Jennifer Rivera was just another instance of Sheldon Whitehouse's failure - as is his refusal to participate in impeachment proceedings against Bush and his convoluted excuse for not doing so - to protect the rights of his LAW ABIDING constituents. To the Rivera family , please accept my sympathy . mike | June 13, 2008 9:48 AM link Post a commentPlease be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish. |
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ProJo 9 to 5 News Blog
Oct 2005 - March 2006
The only time people care about civil rights is when it's their rights being infringed upon not someone elses. The act of removing rights from the population should never be started.