Sunday, December 19, 2010

Rhode Island Shoplifting Defense Lawyer Matthew T. Marin Announces the DISMISSAL of a RI Shoplifting Charge

Attorney Matthew T. Marin announces a recent victory for a client facing a Shoplifting charge. If you need assistance or are facing a Rhode Island Shoplifting Charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.
CHARGES: MISDEMEANOR SHOPLIFTINGPOLICE REPORT: Client, after browsing a south county store, exited the store without paying for a number of scarves. Store security stopped the Client and found the scarves in her purse. The police were called and the Client was arrested for Shoplifting (First Offense).
RESULT: DISMISSED
For More Information On Rhode Island Shoplifting Defense Visit Our Website at: https://www.matthewtmarin.com/rhode-island-shoplifting-laws

Reale gets 8 years in death of Colin Foote

11:33 AM EST on Saturday, December 18, 2010
By Tracy Breton

Journal Staff Writer

KINGSTOWN –– Laura A. Reale, the drug-addicted Westerly woman who failed to stop at a red light on Route 1 in Charlestown in May, killing motorcyclist Colin B. Foote, was sentenced Friday to serve 8 years of a 10-year sentence in the Adult Correctional Institutions.

“I find that marijuana killed Colin Foote,” Superior Court Judge Edwin J. Gale said in imposing the sentence, which includes substance-abuse and mental-health counseling and, when Reale is released on two years’ probation, 200 hours of community service and suspension of her driver’s license for five years.


The state’s prosecutor, Cindy Soccio, and members of Foote’s family had urged Gale to order Reale, 27, to serve the full 10 years — the maximum provided by state law — but the judge rebuffed their pleas, saying he wanted to make sure that once she was released there would be some constraints on her. She’ll have to report to a probation officer and practice good behavior for two years or she could wind up back in prison to finish the full 10-year sentence.

Reale, who pleaded guilty last month to a charge of driving to endanger, death resulting, wept through most of the proceedings, which lasted more than two hours. The Westerly High School graduate, who attended but did not finish the Community College of Rhode Island, appeared in court wearing suede sneakers, khaki slacks, a T-shirt and navy blue zip-up sweatshirt, her hands cuffed in front of her.

For the first time, she offered an apology to the Foote family, who sat on the opposite side of the courtroom with many of Colin’s friends and the woman he’d planned to marry, his longtime girlfriend, Mallory Kowal.

Reale said she had been devastated by “my senseless actions,” and that “I wish I could trade places with Colin today and take away some of [his family’s] pain. … My sorrow is so great and my pain has been endless.”

“There is not one waking hour when I am not consumed with Colin’s death” and the effect it has had on his family,” Reale said, reading from a handwritten statement. “I pray for Colin and his family daily” and “tell him how sorry I am. …”

As her parents, Thomas and Diana Reale, sat weeping behind her, their only child told the court that she hoped that someday the Foote family could “find it in their hearts to forgive me” and that God would “give them the peace they deserve.”

The Foote family, in highly emotional statements to the court, characterized Reale as evil, revolting and selfish and questioned whether “she has any goodness inside.” They also chided her and her parents for never contacting them after the accident to say they were sorry –– something defense lawyer Stephen R. Famiglietti later said he had told them not to do while the case was pending.

There was nary a dry eye in the spectator gallery as one by one, those most impacted by the death of Foote –– a 27-year-old cum laude Connecticut College graduate who lived in Charlestown and worked in public relations in Providence –– talked about their loss and poured out their pain.

Prosecutor Soccio showed a Foote family-made DVD capturing Colin’s life, from his days as a baby to the night he announced to his parents that he’d landed a full-time job.

His girlfriend, Kowal, had looked forward to having a wedding on Block Island and having children with her high school sweetheart. They had dreams of buying a yellow house and a bulldog but those plans were ruined, she said, “because of Laura Reale.”

Kowal told the court how, on the night of the fatal crash, she rushed to Westerly Hospital where he was pronounced dead and held his hand “as long as they would let me” after he had taken his last breath.

Kowal, who works in the emergency room at Hasbro Children’s Hospital offering bereavement counseling to those in need, is now in therapy herself — as are Foote’s parents, Richard “Robin” Foote and Maryann Foote. “Getting through just one day [now] is just so daunting and exhausting that I often feel life is not worth living,” said Kowal.

Colin’s mother talked about how “a part of me has died” with the loss of Colin and how she’s filled “with an angry sense of injustice” and bitterness and that sometimes, she feels like her “longtime investment in Colin” was for nothing.

Maryann Foote was following her son home in her car and, together with her other son, witnessed Colin getting struck. She recounted in court how she knelt over him on the roadway as he lay dying, “barely breathing, his helmet on,” how she prayed silently for him, waiting for a rescue truck, telling him over and over again “that I loved him.”

“And then I saw something bounding towards me as I bent over my son … a face of pure evil,” she said, referring to Laura Reale, who she said offered “some lame excuse” about not seeing the red light she had just run.

Maryann Foote chided the police for failing to adequately patrol Route 1 and urged the court to use her son’s case as an example to deter others from habitually violating traffic laws — as Reale did 28 times over 8½ years.

Famiglietti said that from the moment his client hit Colin Foote, she accepted responsibility. “She has a chance to make something of her life,” he said.

Gale –– who said he’d received over 100 letters from people across the country urging him to give Reale the maximum 10 years — said he doesn’t believe that the fatal crash was an accident.

“It was a predictable loss of life by someone who [in her pre-sentence report] describes herself as totally irresponsible” and who has been “almost totally self-indulgent, passing through life in a drug-induced fog.”

For over 10 years, Gale said, Reale has been “self-consumed, lazy, without ambition, purpose, addicted” to marijuana [and later, according to Soccio, to Vicodin, Percocet and OxyContin.]

The judge said that he doesn’t believe Reale is evil but pointed out that she’d candidly admitted in her pre-sentence report that “‘I am not responsible, and I do not have a good work ethic, and I don’t want to work.’”

Gale said “it was a result of her chronic marijuana use since age fifteen” that caused this. In a lengthy discourse in which he railed against the evils of marijuana, Gale said: “The defendant was high on marijuana at the time of that fatal crash. She had just had some hits and she planned to have some more” when the accident occurred.

Although she was never charged with any drug offenses in connection with the fatality, Soccio, the prosecutor, said that on the last day of Foote’s life, while Colin, his brother and mother were enjoying a day-trip to Block Island, Laura Reale “spent her Sunday with two male companions hanging out at the Krystal Penguin Motel” in Charlestown.

“They smoked marijuana; she left the motel at some point; and then went back and at the end of the day,” she and a friend “went to find a convenience store to buy a blunt to smoke marijuana because” according to her companion, “Laura had a bag of marijuana.”

She was chattering about her ex-boyfriend and not paying attention, Soccio said, when she rode through the red light at West Beach Road and slammed into Foote. “She never hit her brakes, never slowed down … until after she hit Colin.”

Soccio bemoaned the fact that the General Assembly has set such a low maximum sentence for Reale’s crime.

Gale said he was upset that Rhode Island now has legalized marijuana for medicinal use even though the people who get it don’t know the grower and the growth “will not be inspected” for potency.

Day after day, the judge said, defense lawyers come to him to plead for leniency for clients, saying, “it’s only marijuana.” Saying that marijuana today is five times more potent than a generation ago, he asked, “When will our culture wake up and stop pretending that soft drugs are okay?”

The judge urged the media to write more stories about the dangers of marijuana. There are many people out there, he said, who are “lazy” and “irresponsible” and the taxpayers “are supporting their lifestyle, and the family of Colin Foote is paying the highest price imaginable.”

tbreton@projo.com

Man who trafficked tons of marijuana to Fall River, Providence sentenced

A Providence man accused of leading a marijuana trafficking operation in Fall River and Providence has been sentenced to nearly two decades in a federal prison.

The U.S. Department of Justice announced Jeremy Barnes, 36, was sentenced to 17½ years, to be followed by five years of supervised release and a $50,000 fine, for conspiracy to distribute at least 50 kilograms of marijuana and distribution of marijuana in March 2006. Barnes had previously pleaded guilty to the charges stemming from a joint investigation by federal and local authorities aimed at reducing large-scale drug dealing in southern Massachusetts and Providence.

Prosecutors described Barnes as the leader of a large-scale marijuana distribution operation who obtained marijuana and cocaine from co-conspirators in California and elsewhere.

According to the Department of Justice, Chief Judge Mark Wolf found that Barnes and his California co-conspirators transported tons of marijuana from California to New England via tractor-trailers, small trucks and express mail packages.

After finding Barnes responsible for distributing at least 2,700 kilograms of marijuana, worth millions of dollars, and cocaine, Wolf sentenced Barnes to 210 months in prison.

According to the Department of Justice, the Fall River, Tiverton and Bristol, R.I., police departments and the Drug Enforcement Agency’s Providence field office played pivotal roles in the investigation.

E-mail Will Richmond at wrichmond@heraldnews.com.

Thursday, December 16, 2010

Providence police detective pleads guilty in drug case

By Gregory Smith

Journal Staff Writer

Providence Detective Joseph A. Colanduono, right, pleads guilty in Superior Court Thursday. At left is his lawyer, Ralph E. Chiodo.

The Providence Journal / Andrew Dickerman

PROVIDENCE, R.I. — Police Detective Joseph A. Colanduono, a highly respected “narc” who fell in with crooks, pleaded guilty in Superior Court Thursday to drug-dealing conspiracy and other charges.

Colanduono admitted for all intents and purposes that he put himself in the service of drug dealer Albert B. Hamlin, who Colanduono’s unwitting supervisors in the Providence Police Department and the U.S. Drug Enforcement Administration knew only as the detective’s longtime confidential informant.

When their illicit business was uncovered, Hamlin turned on Colanduono and agreed to help the Rhode Island State Police sting his confederate. The veteran police officer was tricked into committing a theft — one of the counts to which he plead guilty.

Both men were snared in Operation Deception, a joint investigation by the state police and the Federal Bureau of Investigation of a drug-peddling ring in Providence. Albert Hamlin three weeks ago pleaded guilty to 24 charges and remains in prison pending sentencing.

At least 22 other people were charged in the investigation, including three more Providence officers: Patrolman Robert J. Hamlin Jr., Albert Hamlin’s older brother; narcotics Detective Robert M. Enright; and Sgt. Stephen T. Gonsalves. All four are suspended from duty without pay.

State police say the ring, which mostly dealt in cocaine, was led by Albert Hamlin, a carpet layer who had never been arrested but whose knowledge of the drug underworld made him Colanduono’s confidential informant for 10 years and who was registered as such with the Providence police and the DEA. At the time they were arrested, Colanduono and Enright had been on a long-term assignment with a DEA task force in Rhode Island.

In a hearing at the Licht Judicial Complex downtown, Judge Robert D. Krause accepted Colanduono’s plea on four felony charges: two counts of conspiracy to twice deliver drugs to Gonsalves; larceny over $500; and harboring a criminal. Five charges were withdrawn.

In the process the judge accepted a plea deal between Colanduono and the office of Attorney General Patrick C. Lynch in which five of the original nine charges were dismissed and Colanduono will face a maximum 20-year prison sentence, with a maximum 10 years to serve and the balance suspended with probation.

Krause, working within the limits of that deal, said he would impose sentence next month.

Colanduono, 45, of 9 Bayberry Drive, West Warwick, who is married and the father of four children, ages 3, 15, 16 and 18, was sent back to the Adult Correctional Institutions, where he is being held without bail.

As he turned to leave, Colanduono gave his wife, Tracey, 41, who was in the audience, a small smile.

“He’s a good man,” Mrs. Colanduono said later. “When he comes home, I’ll be waiting for him.”

When the state police arrested Albert Hamlin on March 4, he was quick to implicate Colanduono, and Hamlin agreed to help them set up his coconspirator, the authorities have disclosed.

At the direction of the troopers, on the same day, Hamlin telephoned Colanduono and said he was doing business with a man at the Home Depot store on Charles Street. He wanted Colanduono to help him with a rip-off.

Would Colanduono go to the man’s white van left unattended in the park-and-ride lot across the street from the Home Depot and grab $2,000 that the man had stashed in an envelope in the glove box, Hamlin asked. Hamlin said he had managed to leave the van unlocked. Actually, troopers had staged the van and the money.

Colanduono, driving an undercover Providence police car, completed the errand and returned to police headquarters.

Colanduono then was summoned by his superiors to a conference room in the police chief’s office suite and arrested, and the envelope of cash was taken from his pants pocket. As Assistant Attorney General Pamela E. Chin expressed it in court Thursday, he stole the state police’s money.

The harboring count pertains to an unusual incident in North Providence in which Hamlin, impersonating a police officer, boarded a Federal Express delivery truck in a shopping center parking lot in a fruitless search for a package containing five pounds of marijuana that had been sent to him from Texas. Hamlin has admitted what he did and that he carried a badge and a gun.

On Nov. 12, 2009, he boarded the truck of driver Claudio Brito, 33, and said he was a police officer working on a drug case. Although the details of the incident are murky, Hamlin at one point gave Brito his cell phone number.

Chin told the judge Thursday that when Colanduono learned of the incident, he told Hamlin to dump his cell phone and that he gave Hamlin advice about how to avoid detection and arrest.

When a Federal Express security officer contacted the DEA to ask if it was a DEA operative who accosted their driver, Colanduono and Enright, in their capacities on the task force, were assigned to interview the driver. But the detectives allegedly only went through the motions of investigating.

Thursday’s plea continues a long fall from grace for Colanduono, who joined the police force in 1987, had been a key player in important drug cases in Providence and the region, and had won significant awards.

He said little at the hearing, other than to identify himself and to plead guilty.

Despite the plea, Tracey Colanduono insisted later, “He didn’t cross the line. He was just doing his job.”

“He’s a great cop. He always will be.”

She was accompanied by Amy DiNobile, a clerk at City Hall and Colanduono’s former sister-in-law, who has been helping to take care of the Colanduono children.

“Being an undercover cop is a tough and dirty job,” DiNobile said, in which an officer has to pretend to be a criminal.

“The end result is, he didn’t kill anybody. Let him go to work. Give him a [electronic monitoring] bracelet. Why have another family go into the system.”

Standing on the courthouse steps, Tracey Colanduono said, “I’m glad it’s over.”

“Now it’s time to rebuild.”

TIMELINE Operation Deception

Nov. 20, 2009: State police begin a wiretap investigation of Albert B. Hamlin after getting information from an informant. They later describe Hamlin as a high-level drug dealer.

February: State police electronically monitor for a month the police car of Providence narcotics Detective Joseph A.

Colanduono.

March 4: State police arrest on drug charges six people including Colanduono and two other officers who they say were helping to protect a drug operation run by Hamlin. State police say the investigation is continuing.

March 5: Four officers, including narcotics Detective Robert M. Enright, are placed on desk duty at Providence police headquarters as a result of the state police investigation.

March 8: Mayor David N. Cicilline directs Police Chief Dean M. Esserman to conduct random drug testing of Providence officers. One of the officers charged by state police, Sgt. Stephen T. Gonsalves, was a cocaine user, they said.

March 10: Cicilline withdraws the drug testing order in the face of opposition from the police union and the Rhode Island affiliate of the American Civil Liberties Union.

April: Colanduono and another officer charged, Patrolman Robert J. Hamlin Jr., brother of Albert Hamlin, are ordered held without bail.

June 7: Statewide grand jury indicts 24 people in connection with Operation Deception, including Colanduono and the

Hamlins.

Nov. 18: Albert Hamlin pleads guilty to 24 charges after negotiations with the attorney general’s office. Fourteen other charges are dropped.

Dec. 9: Colanduono pleads guilty to four charges against him. Five others are dropped as a result of plea negotiations with the attorney general’s office.

gsmith@projo.com

Monday, November 29, 2010

RI Police Report Few Problems for Holiday Roads

PROVIDENCE, R.I.—Rhode Island state troopers are seeing few problems on Ocean State road as motorists hit the streets for the holidays.

State police reported few problems Wednesday night and Thursday morning.

Police say the night before Thanksgiving is one of the biggest party nights of the year, and that makes it one of the deadliest nights on the roads.

Many troopers were assigned to a DUI enforcement detail to watch out for impaired drivers.

Trooper Franklin Navarro told WPRI-TV that most troopers were out looking for impaired drivers because the combination of people celebrating the holidays and high traffic made for dangerous roads.

------

Information from: WPRI-TV, http://www.wpri.com

Sunday, November 21, 2010

RI Domestic Violence Defense Lawyer Matthew T. Marin Announces the DISMISSAL of Domestic Assault and Domestic Violation of a No Contact Order Charges

Attorney Matthew T. Marin announces a recent victory for a client facing charges of Domestic Assault and Domestic Violation of a No Contact Order. If you need assistance or are facing a Rhode Island Domestic Assault or Domestic No Contact Order charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.

CHARGES:
COUNT 1: DOMESTIC ASSAULT
COUNT 2: DOMESTIC VIOLATION OF A NO CONTACT ORDER
POLICE REPORT:
Client and his wife had spent the night drinking. They returned home and an argument broke ensued. The verbal argument then became physical with both the Client and his wife physically assaulting one another. The Police were summoned by a neighbor. After speaking with all witnesses, the Police arrested the Client charging him with Domestic Assault and Domestic Violation of a No Contact Order.
RESULTS:
COUNT 1: DISMISSED
COUNT 2: DISMISSED
For More Information On Rhode Island Domestic Violence Defense Visit Our Website at: https://www.matthewtmarin.com/domestic-violence-defense-lawyer

Wednesday, November 17, 2010

RI Drug Defense Lawyer Matthew T. Marin Announces the DISMISSAL of Possession of Marijuana Charges

Attorney Matthew T. Marin announces a recent victory for a client facing the charge of possession of marijuana (first offense) brought by a local police department. If you need assistance or are facing a Rhode Island Drug Charge or other criminal charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.

CHARGE:
POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: Police were called concerning a noise complaint for a loud house party. The Police arrived and heard no loud noise coming from the residence. The Police approached the residence and knocked on the door. A guest opened the door. The Police were able to observe a bag containing suspected marijuana in plain view on the coffee table. The suspected marijuana was seized, and the Police inquired as to who the bag belonged. The Client, seated on the couch, claimed ownership. The suspected marijuana was field-tested positive.
RESULT: DISMISSED

For More Information About Our Rhode Island Drug Defense Lawyers Visit Our Website at: http://www.matthewtmarin.com/

Monday, November 1, 2010

RI Criminal Defense Lawyer Matthew Marin announces the DISMISSAL of a Disorderly Conduct Charge

Attorney Matthew T. Marin announces a recent victory for a client facing a charge of disorderly conduct. If you need assistance or are facing a Rhode Island Disorderly Conduct Charge or other criminal charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.

CHARGE: DISORDERLY CONDUCT
POLICE REPORT: Client was at a local beach bar and had been drinking. Based on witness statements, Client hurled a glass mug into a crowd near the DJ booth. The mug allegedly struck a bouncer in the chest. The Police were called, and the Client was identified as the individual who threw the glass. The Client was then charged with Disorderly Conduct for engaging in Fighting, Threatening, Violent, or Tumultuous Behavior.
RESULT: DISMISSED THE DAY OF TRIAL

For More Information About Our Rhode Island Disorderly Conduct Defense Visit Our Website at: http://www.matthewtmarin.com/

Saturday, October 2, 2010

Rhode Island Criminal Defense Lawyer Matthew T. Marin Discusses a Recent Fatal Crash on WBZ News Radio Boston

Attorney Matthew Marin was recently interviewed by Ed Walsh of WBZ News Radio Boston regarding the fatal Providence car crash.

WBZ 1030 News Radio Morning Headlines: September 27th, 2010



WBZ 1030 Expert Discusses Deadly Crash of 14-Year Old Driver



Providence Journal

More charges for boy, 14, in fatal crash

01:00 AM EDT on Saturday, October 2, 2010

By Michael P. McKinney

Journal Staff Writer

PROVIDENCE — Additional charges have been filed against a 14-year-old boy who is accused of crashing a stolen van into a car on Route 10 last Saturday, killing a 9-year-old Cranston girl. The boy appeared in Family Court Friday for a probable-cause hearing.

He was charged Friday with breaking and entering, larceny and leaving the scene of an accident, according to spokespersons for the state judiciary and the attorney general’s office.

The police have said that the boy was earlier charged with operating to endanger, serious injuries resulting; and operating to endanger, death resulting.

The boy is accused of stealing a van from the Nickerson House Community Center and leading police officers on a chase through Providence shortly after 3 p.m. last Saturday. The breaking-and-entering charge Friday was related to a break at the Nickerson House Community Center, and the larceny for allegedly taking the van.

The police have alleged that the stolen van sideswiped a car on Route 10 south and crossed over the median, colliding head-on with another car driven by Stephanie Flynn, 29. Flynn’s daughter, Alexis Silva, was killed. Also in Flynn’s Nissan Sentra was Flynn’s 19-month-old daughter, who along with Flynn was injured, and a 13-year-old girl who was not a relative.

Friday’s probable-cause hearing, held before Family Court Associate Justice Kathleen A. Voccola, has been continued to Nov. 12, according to judiciary spokesman Craig N. Berke. The public defender asked that an assessment be done of the boy, who will continue to be held at the Rhode Island Training School.

The boy’s name was not released because he is a juvenile.

Alexis was a fourth grader at Chester W. Barrows School in Cranston. She was a cheerleader for the Edgewood Eagles, a local Pop Warner football organization.

Tuesday, September 28, 2010

Rhode Island Shoplifting Defense Lawyer Matthew T. Marin Announces the DISMISSAL of a RI Shoplifting Charge

Attorney Matthew T. Marin announces a recent victory for a client facing a Shoplifting charge. If you need assistance or are facing a Rhode Island Shoplifting Charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.

CHARGES: MISDEMEANOR SHOPLIFTING
POLICE REPORT: Client, a freshman college student, was seen by Mall Security taking items and concealing them on his person. Client then attempted to exit the store without paying for the items and was stopped by store security. Client was arrested and charged with misdemeanor shoplifting.
RESULT: DISMISSED

For More Information On Rhode Island Shoplifting Defense Visit Our Website at: www.matthewtmarin.com/Rhode_Island_Shoplifting_Lawyer.html

Friday, August 27, 2010

RI Domestic Violence Defense Lawyer Matthew T. Marin Announces the DISMISSAL of Domestic Assault and Disorderly Conduct Charges

Attorney Matthew T. Marin announces a recent victory for a client facing charges of Domestic Vandalism and Domestic Disorderly Conduct. If you need assistance or are facing a Rhode Island Domestic Assault or Domestic Disorderly Conduct Charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.

CHARGES:
COUNT 1: DOMESTIC ASSAULT
COUNT 2: DOMESTIC DISORDERLY CONDUCT
POLICE REPORT: Client's Fiance became intoxicated after an argument with the Client. While home alone he ransacked his own home, destroying pictures and smashing furniture. In the course of the destruction he had injured himself, leaving blood in the apartment. The next morning he called the Police and reported that the Client had assaulted him and destroyed his belongings. The Police proceeded to arrest the Client and charge her with Domestic Assault and Domestic Disorderly Conduct based on her Fiance's statements.
RESULTS:
COUNT 1: DISMISSED
COUNT 2: DISMISSED

For More Information On Rhode Island Domestic Violence Defense Visit Our Website at: www.matthewtmarin.com/Rhode_Island_Domestic_Violence_Defense_Lawyer.html

Motorcyclist struck in Glocester; driver cited for DUI

PROVIDENCE JOURNAL

5:13 PM Fri, Aug 27, 2010 | | Write the first comment
By Richard C. Dujardin Email this author | Email this entry

GLOCESTER, R.I. -- A 29-year-old motorcyclist, Scott Cohen of Harrisville, was injured shortly before 11 p.m. Thursday when he was struck by a car attempting to make a u-turn on Route 44.

The car's driver, Lisa Bonin, 51, of Bellingham, Mass., had been stopped on the breakdown lane of the highway, facing west, when, according to the police, she began to make a u-turn in the area of Chestnut Oak Road, striking Cohen, who was also heading west.

Police who witnessed the accident stopped Bonin down the road and charged her with leaving the scene of an accident after a personal injury, driving under the influence, and refusing to take a chemical test. She was released Friday on $2,000 personal recognizance, and told to appear at the Rhode Island Traffic Tribunal on Sept. 10 to answer a charge of refusing to submit a chemical test.

Bonin was treated at Fatima Hospital for non-life-threatening injuries and was later released.

Wednesday, August 25, 2010

Department of Motor Vehicles Opens New Headquarters in Cranston

Providence Journal

CRANSTON, R.I. -- Getting up early and getting in line first at the Rhode Island Division of Motor Vehicles headquarters in Cranston paid off for Hayley Hutchins of Hope.

Arriving at 5:30 a.m., Hayley and her parents, Stephen and Ellen, were the first of some 200 people to get in line outside the new headquarters before it opened to the public at 8:30 a.m. on this Wednesday morning.

Hayley was there to register her first car. She was done by 8:40 a.m.

"It was really nice to be in and out," she said, "even though I spent a few hours on the sidewalk.

The Hutchins family had plenty of company on the sidewalk. At 7:30 a.m., about 40 people had gathered outside the building. Some had brought lawn chairs. By 8:15 a.m., about 200 people were standing or sitting in the cool late-summer air as the sky spit light rain on them. The line wound around to the back of the parking lot.

But the doors did open at 8:30 a.m. as promised. And by 8:43 a.m., the last person in line had made it into the building. They were handed ticket numbers as they passed through the door, so the assembly was orderly.

Since the DMV headquarters has three sets of doors for the public, each of the Hutchinses stood in front of one door to cover all the bases.

But before the doors opened, Ellen Hutchins gave her place in line to Rolando Franco of Pawtucket. Franco was the first customer to arrive at the DMV parking lot. He got there at 5 a.m., but stayed in his car until after members of the Hutchins family got in line.

He also got the first ticket, B100, but Hayley Hutchins was the first to complete her transaction, for those keeping score at home.

Franco didn't complete his business until 9:11 a.m.

By 9 a.m., 44 customers had been called to the counter to conduct their business.

By 10 a.m., customers who showed up at 8:30 or later -- those who hadn't waited outside in the rain -- were finishing their business.

Several customers said they like the new building better, that it's cleaner, the seats are more comfortable.

When they were finished, some customers were disoriented and had trouble figuring out how to get out of the new building. There are no signs to direct them. Staff members stepped up to show them the way.

The DMV is in the Aime J. Forand Building, part of the Pastore Complex at 600 New London Ave. (Route2), in Cranston. The DMV is in a dark-colored glass building across the road from the National Guard and Emergency Management Headquarters, next to the Rhode Island Traffic Tribunal.

-- Reported by Journal staff writer Paul Edward Parker

Rhode Island DUI Lawyer Matthew T. Marin Announces A Not Guilty Verdict After Trial On A Breathalyzer Refusal Charge

Attorney Matthew T. Marin announces a recent victory for a client facing the charge of Refusal to Submit to a Chemical Test (Breathalyzer Refusal). If you need assistance or are facing Rhode Island Drunk Driving Charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.

CHARGES: Refusal To Submit to A Chemical Test (Breathalyzer Refusal)
POLICE REPORT:
An anonymous driver called 911 to report the Client as a suspected drunk driver. The local police department responded to the call and stopped the Client's vehicle in a gas station. The Arresting Officer observed the Client to have bloodshot and watery eyes, slurred speech, and an odor of alcohol coming from his breath. The Officer asked the Client to submit to standardized field sobriety tests which the Client then failed. The Client was placed under arrest and taken to the police station where he refused to submit to a breathalyzer test.
RESULT: NOT GUILTY AFTER TRIAL

For More Information About Our Rhode Island Drunk Driving Defense Lawyers Visit Our Website at: https://www.matthewtmarin.com/rhode-island-dui-lawyer

Saturday, August 21, 2010

17 Rhode Island Residents Arrested In Coordinated Child Pornography Raids

Providence Journal

By Katie Mulvaney

Journal Staff Writer

Seventeen Rhode Islanders, including a co-owner of a popular reptile store and a city maintenance manager, face charges of possession of child pornography after state, federal and local law-enforcement agencies executed search warrants across the state early Wednesday.

“Today’s sweep ... had one objective: to protect children,” U.S. Attorney Peter Neronha said at an afternoon news conference.

The arrests came after an undercover online investigation by a state police task force aimed at fighting Internet crimes against children, in conjunction with state and federal prosecutors.

Dubbed Operation Safe Child, the months-long probe identified 20 Rhode Island residences involved in actively obtaining and sharing pornographic images involving children, according to the state police.

The state police targeted the users exchanging the highest volume of child pornography using a software program that searched peer-to-peer, or file-sharing, networks, Attorney General Patrick C. Lynch said. Investigators then secured downloads, often of images involving young children and even infants, from the suspects by persuading them over the Internet to share a pornographic file, according to the state police.

The police got search warrants for the residences based on the downloads and retrieved thousands of photographs and videos featuring child pornography. More than 70 authorities executed the warrants Wednesday morning.

“These images are so vile and disgusting,” Lynch said at a news conference late Wednesday.

It appears at this point that no Rhode Island children were featured in the images, state police Col. Brendan P. Doherty said. But investigators will continue looking at pursuing possible child-pornography manufacturing and trafficking charges, said Bruce Foucart, special agent in charge of the Immigration and Customs Enforcement’s Boston office.

Neronha noted that the detectives had to view very disturbing images in the course of the investigation. “It takes a toll on police and prosecutors to work this,” he said.

Those facing a charge of possession of child pornography include Shawn Fay, 39, of 1023 Danielson Pike, North Scituate, a co-owner of Regal Reptiles in Providence and Little League coach, and Miguel Escobedo, 38, a maintenance manager for the City of Providence, state police Capt. David Neill said.

Two juveniles were also arrested.

Kyle Martin, 22, of 31 Willis Drive, Cumberland, was charged with possession of steroids and does not face a child-pornography charge.

With the exception of Girard Proux, 43, of 522 York Ave., Pawtucket, all of the adults arrested were released on $5,000 personal recognizance after arraignment or appearances before a bail commissioner. Proux was released on $5,000 bail with surety.

The state police Internet Crimes Against Children task force is funded by a U.S. Department of Justice grant. It’s made up of state police detectives as well as detectives from the Providence, West Warwick and Coventry police departments and an ICE agent. Other agencies to participate in Wednesday’s raids were ICE, the U.S. Marshals Service, the Naval Criminal Investigative Services, and probation and parole officials. Child protective services workers from the state Department of Children, Youth and Families and the Children’s Advocacy Center also assisted.

kmulvane@projo.com

Licensed RI Medical Marijuana Grower Arrested on Felony Marijuana Charges

Providence Journal Blog

3:50 PM Fri, Aug 20, 2010 |
W. Zachary Malinowski Email


SCITUATE -- The state police used aerial surveillance and employed its SWAT team on Thursday to corral a 65-year-old man who they believed was a major drug dealer. Instead, they learned after the fact that the suspect was licensed through the Rhode Island Health Department to grow marijuana to cope with his medical problems.

Still, Louis Magiera, of 89 Nipmuc Trail, Scituate, was charged with two felony marijuana counts for growing eight more marijuana plants than he is allowed to grow in the state program. Under the rules of the program, a patient is allowed to grow up to 12 marijuana plants for his own use. The state police said they discovered 20 plants on his sprawling property.

State Police Capt. David Neill said the show of force could have been avoided had state law allowed the police to get information from the Health Department on whether Magiera was a patient or caregiver in the medical marijuana program.

"If we knew he was a patient and had a right to grow, we would have handled it differently," he said.

Tuesday, August 17, 2010

RI Domestic Violence Defense Lawyer Matthew T. Marin Announces the DISMISSAL of Domestic Vandalism and Disorderly Conduct Charges

Attorney Matthew T. Marin announces a recent victory for a client facing charges of Domestic Vandalism and Domestic Disorderly Conduct. If you need assistance or are facing a Rhode Island Domestic Vandalism or Domestic Disorderly Conduct Charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.

CHARGES:
COUNT 1: DOMESTIC VANDALISM
COUNT 2: DOMESTIC DISORDERLY CONDUCT
POLICE REPORT: Client and her husband, married over 30 years, had an argument regarding the purchase of an automobile for their adult son. The Client became extremely upset and smashed her husband's cell phone and sunglasses. The Police were summonsed. Upon their arrival, they witnessed the broken items and arrested the Client on Domestic Vandalism and Domestic Disorderly Conduct charges.
RESULTS:
COUNT 1: DISMISSED
COUNT 2: DISMISSED

For More Information On Rhode Island Domestic Violence Defense Visit Our Website at: www.matthewtmarin.com/Rhode_Island_Domestic_Violence_Defense_Lawyer.html

Friday, August 6, 2010

Rhode Island DUI Lawyer Matthew T. Marin Announces Recent DUI Victory

Attorney Matthew T. Marin announces a recent victory for a client facing the charges of First Offense DUI with Breath Test Results Over 0.15 BAC (two times the legal limit). If you need assistance or are facing Rhode Island Drunk Driving Charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.

CHARGES:
(1) Driving Under the Influence of Alcohol with Breath Test Results Over 0.15 BAC
(2)
Disorderly Conduct
(3) Reckless Driving
POLICE REPORT:
Client was observed swerving in and out of parked cars at a high rate of speed in the Misquamicut State Beach parking lot by a Rhode Island Department of Environmental Management Officer. The DEM Officer pulled the Client over. While speaking with the Client, the Officer observed slurred speech, bloodshot watery eyes, and a strong odor of alcohol emanating from his breath. The DEM Officer then administered the Horizontal Gaze Nystagmus field sobriety test, which the Client failed. The Client then became verbally abusive an belligerent towards the Officer, screaming profanities and attempting to fight the Officer. The Officer then administered the final two field sobriety tests, which the Client failed. The Client then submitted to the breathalyzer which determined that his blood alcohol level was 0.155 and 0.165, twice the legal limit of 0.08. The Client was charged with Driving Under the Influence with Breathalyzer Results Over 0.15, Reckless Driving, and Disorderly Conduct.
RESULTS:
(1) DUI / Drunk Driving with BAC Results Over 0.15 - DISMISSED(2) Disorderly Conduct - DISMISSED
(3) Reckless Driving - One Year Probation (no loss of license)
For More Information About Our Rhode Island Drunk Driving Defense Lawyers Visit Our Website at: https://www.matthewtmarin.com/rhode-island-dui-lawyer

Tuesday, August 3, 2010

RI Drug Defense Lawyer Matthew T. Marin Announces the DISMISSAL of Possession of Marijuana Charges

Attorney Matthew T. Marin announces a recent victory for a client facing the charge of possession of marijuana (first offense) brought by a local police department. If you need assistance or are facing a Rhode Island Drug Charge or other criminal charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.

CHARGE:
POSSESSION OF MARIJUANA (FIRST OFFENSE)
POLICE REPORT: Client was stopped by the police because his license plate was not illuminated. As the police spoke with the Client, the observed the odor of freshly burnt marijuana emanating from the vehicle. The police removed the Client from the vehicle and began searching the vehicle. A search of the interior of the vehicle resulted in the police locating a bag containing suspected marijuana. The suspected marijuana field tested positive and the Client was charged with simple possession of marijuana (first offense).
RESULT: DISMISSED

For More Information About Our Rhode Island Drug Defense Lawyers Visit Our Website at: http://www.matthewtmarin.com/

Monday, August 2, 2010

RI Domestic Violence Defense Lawyer Matthew T. Marin Announces the DISMISSAL of Domestic Vandalism and Disorderly Conduct Charges

Attorney Matthew T. Marin announces a recent victory for a client facing charges of Domestic Vandalism and Domestic Disorderly Conduct. If you need assistance or are facing a Rhode Island Domestic Vandalism or Domestic Disorderly Conduct Charges, contact Attorney Matthew T. Marin at 401-228-8271 or mm@matthewtmarin.com.

CHARGES:
COUNT 1: DOMESTIC VANDALISM
COUNT 2: DOMESTIC DISORDERLY CONDUCT
POLICE REPORT: Client and her boyfriend were both intoxicated at their home. A verbal argument broke out. During the argument, the alleged victim poured a glass of juice on the Client. This caused the Client to allegedly throw the victim's clothing out the window into the street. The argument and ensuing events were witnessed by neighbors who gave complete written statements to the responding police officers. Based on the witness statements, the police arrested the Client for domestic vandalism and domestic disorderly conduct.
RESULTS:
COUNT 1: DISMISSED
COUNT 2: DISMISSED

For More Information On Rhode Island Domestic Violence Defense Visit Our Website at: www.matthewtmarin.com/Rhode_Island_Domestic_Violence_Defense_Lawyer.html

Sunday, August 1, 2010

Truckers pay price for straying across weight-limited Pawtucket bridge

By Tom Mooney

Journal Staff Writer

The Providence Journal

John Freidah

PAWTUCKET –– State Trooper William Reilly Jr. hears the next 18-wheeler approaching before he ever sees it.

Big rigs throw out a distinct sound ahead of them. Reilly turns in time to watch a red tanker truck shoot past his perch and rumble onto the Route 95 bridge.

“Here we go.” The cruiser’s tires spit gravel, then propel Reilly into northbound traffic and across the Seekonk River below.

The third chase of the morning is on.

Almost 21,000 trucks have been stopped for crossing this bridge since November 2007, when the state imposed weight and, later, axle restrictions on the deteriorating span. Reilly and his fellow troopers have issued $6.9 million in violations, most coming in the form of $3,000 penalties to the trucking companies and $85 tickets to the drivers for defying detour signs set up miles away.

Still the trucks cross the bridge. Still the troopers pull them over. Day and night. Work days and weekends.

It’s enough to make any commuter witnessing the perpetual roadside scene wonder: don’t these truckers use CB radios anymore?

Smokey’s on the bridge. Follow the detour signs and get off before you get pinched.

Reilly has wondered the same thing many times. Turns out most of the truckers he’s stopped use cell phones and navigational devices that don’t show the detours. Other truckers know better but shoot the bridge anyway, perhaps hoping the troopers are busy with other truckers.

How many trucks has Reilly stopped since he began working this post in November 2007?

“The calculator doesn’t go up that high,” he joked minutes before taking up the latest chase. “When we first started, you couldn’t keep up with them all. You would be pulling out to get one and another would go by. They didn’t know what was going on at first.”

Now, after almost three years, Reilly can’t believe any trucker working New England roads doesn’t know about the Route 95 bridge detour in Pawtucket.

Yet the troopers remain busy, constantly replenishing their well of stories.

Reilly stopped a truck once with a driver and co-driver inside. He handed the $85 ticket to the driver for disobeying the detour signs. The unhappy driver wouldn’t accept it.

“It’s his fault,” he shouted, pointing to his copilot. “He’s supposed to be watching the signs, not me.”

Many truckers apparently have a preconceived image of the bridge having a metal arch and report never knowing they had crossed it.

On another day, a trooper stopped a truck crossing the bridge on the northbound side and gave him the regular two tickets: one $85 ticket for disobeying the detour signs and the $3,000 fine for the trucking company for an overweight or axle violation (any truck with more than two axles).

The following day Reilly was watching the bridge from the southbound side when the same truck and driver came back across.

“Buddy, what were you thinking?” asked Reilly. “Didn’t you learn your lesson yesterday?”

The trucker replied: “Yeah, I know you stopped me yesterday. That’s why I thought I could come back this way today, ’cause I got the ticket already.”

Reilly wrote him out another $85 ticket.

Trooper Ken Jones, a former Marine who stands about 6-foot-5, once stopped an equally large man from the South who carried on and on about how unfair it was that he had received an $85 ticket. Then Jones handed him a $3,000 ticket to present to his boss.

The big trucker appeared to implode right there by the side of the road like some eye-bulging cartoon character. Trooper Jones reported watching the truck cab swaying back and forth after the driver climbed back inside. Apparently he was tearing the interior apart.

Truckers often tell troopers they never saw the multiple signs for the detours or that they were confused by their message: 2 axle limit/18 ton max. Drivers with empty trucks know they are under the 18-ton maximum weight limit and sometimes think they can legally cross. Not so. The two-axle limit has been in play since 2008.

Reilly says he’s had some truckers say they thought the signs meant 18 tons per axle, which if they did the math would mean their five-axle vehicles would weigh at least 180,000 pounds, a weight illegal on any road.

State transportation officials concede the signs can be misconstrued but say it’s difficult to convey a clear message in a short space and which drivers have only a few seconds to comprehend.

And so red lights keep flashing in truckers’ rear-view mirrors.

With fast acceleration, Trooper Reilly catches up to the red truck in seconds. The truck pulls into the breakdown lane near Exit 29. Reilly approaches from the passenger side, hand resting on his pistol holster. He climbs onto the truck and asks the driver to step out.

“What’d I do?” asks Daniel Smithers, 59, of Pennsylvania

“Didn’t you see the detour signs?” Reilly replies, and calmly recites what he has said hundreds of times before: the signs began back in East Greenwich. You were supposed to take Exit 27 before the bridge. …”

“This is brand new to me,” says Smithers. “I haven’t been driving that long.”

Smithers eventually says he did see the signs; something about an 18-ton limit. But he’s riding empty, heading up to Mansfield, Mass., to pick up a load of liquid chocolate to bring back down to Pennsylvania. He’s under the weight restriction.

Reilly reminds him of the axle restriction, too. Smithers looks away and nods.

Back in the cruiser, Reilly is writing out an $85 ticket to Smithers for disobeying the detour signs when another 18-wheeler whines past at full speed and in the middle lane. Had it taken the detour, it would not have had time yet to get going so fast. A lucky fish.

Does it bother Reilly that one got away?

“Yep,” is all he says.

Reilly hands Smithers the $85 ticket. The trooper has spared the truck company the $3,000 violation. He knows the truck is below the 18-ton limit, therefore it didn’t violate that statute, nor technically hurt the bridge, which is scheduled to be replaced by a new $90-million span by June 2013. (Construction is expected to start by the end of this year.)

“I normally don’t come up here at all,” says Smithers, who took up trucking after losing a factory job. “I got my pilot’s license. I should have flown. Then the only thing you have to worry about is terrorists.”

Between January and June of 2008, troopers stopped on average 1,023 trucks a month on the bridge, according to state police statistics. Through the first six months of this year, troopers stopped on average 417 trucks a month.

Most trucks, said Reilly, are stopped heading south, where the detour route through Central Falls and Pawtucket is more confusing than the northbound detour, which is short and parallels the bridge.

Reilly ends his 12-hour shift with nine stopped trucks. His partner on the southbound side, Trooper Brendan Devine, stopped one or two more. Another typical day of putting smiles on people’s faces.

A day earlier, Pierre LaCroix, 42, of Quebec, the owner of a small trucking company, drove his personal pickup, carrying nothing but his outrage, for almost nine hours and 400 miles south to the Traffic Tribunal court house in Cranston.

In a large yellow envelope, he had brought with him the ticket his company’s driver had received one day in June and the $3,000 fine levied against his company. He also had a copy of the hand-written driving directions he had received from the Arnold Lumber Co., in South Kingstown, explaining the route LaCroix’s trucker should follow to deliver the order of wood.

The directions clearly stated to take Route 95 south through Pawtucket, turning south onto Route 4 in Warwick. It said nothing about a bridge detour.

Speaking through a French interpreter, LaCroix negotiated with the state police prosecutor to have his fine cut in half to $1,500, a settlement most traffic court judges are willing to accept if the truck company pleads guilty and spares the state the time and cost of a trial.

Still LaCroix was not pleased.

“Three thousand dollars is exaggerated,” he said afterward. “It’s not legal, and you can put that on the front page.”

Was there any lesson learned? “Yes. Not to come to Rhode Island.”

BY THE NUMBERSBreaking the law on the Pawtucket Bridge

In 2007, the state imposed weight limits. In 2008, trucks with more than two axles were also banned from crossing the Route 95 bridge. The state police provided the following numbers.

20,569

Trucks stopped from November 2007 through July 10, 2010

1,023

Trucks stopped on average per month from Jan. 1 through June 2008

417

Monthly average of trucks stopped first six months of this year

$6,906,774

Total fines levied

tmooney@projo.com