Sex Offender Registration Not Unconstitutional According to RI Superior Court

Where a defendant pled nolo in 2006 to a sexual offense,he would have to register as a sex offender under a 2008 amendment of RI statute. The registration does not violate the R.I. Constitution's ex post facto clause, even though the statute was promulgated after the conviction, because the registration is not sufficiently "punitive" to be considered new punishment of which the defendant was not on notice. The R.I. Superior Court so ruled, pursuant to State v. Germane (which recently decided the constitutionality of R.I.'s sex offender registration statute), Doe v. State (Kent Superior Court)(K.M. No. 09-321)(AUGUST 8, 2012). Source: R.I. Lawyer's Weekly 7/27/09.

Ex-Wyatt Worker Pleads Guilty to Lying to Federal Investigators About Conduct with Immigrant Inmate

An ex-employee of the Wyatt Detention Facility has pleaded guilty in U.S. District Court in Providence to lying to federal investigators about an improper sexual relationship with an immigrant detainee. According to the Providence Journal article, the Government has recommended a one-year sentence in home confinement with an electronic monitoring bracelet on his ankle. Source: Providence Journal.

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Sentence Imposed upon RI Woman in Tax Fraud Scheme

The Providence Journal reports that a RI woman involved in a tax fraud scheme was sentenced Monday in R.I. Federal Court to time served, restitution and surrender to deportation. The woman received several tax returns based on falsified applications. Source: Providence Journal.

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Westerly Teens Charged with Unlawful Gathering and Underage Drinking

Under a new Westerly ordinance (which compounds Rhode Island's social host law), the Westerly police charged 3 teenagers with underage drinking and unlawful gathering. They were at a party with about 20 people present. The police came to the house following a complaint of loud noise and were let in by one of the teens. The penalty is a fine. Source: ProJo article.

Trial Starts in Music Downloading Case, RI Defendant

NOTE: NOT A CRIMINAL CASE.

The ProJo reports that the trial of a R.I. man accused of illegally downloading music from the Kazaa website has begun in MA. The recording industry filed charges against the BU student for copyright infringement.

Barrington R.I. Teen Greenberg Sentenced in Boating Incident

The ProJo reported the sentencing on July 23, 2009 of the much-watched case of a Barrington teenager, Ryan Greenberg, whose reckless boating resulted in the death of his friend, also in the boat. During months, there was much legal haggle over whether Greenberg should be tried before the Family Court as a juvenile (as he was 17 when the incident occurred) or the Superior Court as an adult. The incident took place during the "gap time" when R.I. statute required that certain crimes committed by 17-year-olds be tried in Superior Court. Ultimately the R.I. Superior Court sentenced Greenberg to the following: 2½ years in prison and another 2½ on home confinement.

1st Cir. Reverses Career Offender Designation

In an opinion issued July 8, 2009 captioned U.S. v. Bryant, the First Circuit Court of Appeals reversed a district court "career offender" determination because the lower court had relied on the pre-sentence report without verifying through reliable sources and documents (such as plea colloquy, certified copy of conviction) the veracity and exact nature of out-of-state conviction. Source: First Circuit website (http://www.ca1.uscourts.gov); R.I. Lawyers' Weekly (www.rilawyersweekly.com).

ProJo Reports GPS Tracking of Sex Offenders in RI

An article in today's Providence Journal describes the first time use of GPS tracking for convicted sex offenders in RI. The first man to be tracked in such a way is categorized as "Level III" (or highest risk of re-offending); every movement including when he moves out of his house to smoke a cigarette is detected via the device.

State law requires that all first-degree child molesters convicted after Jan. 1, 2007 in RI must be monitored.

The article says, "Though he’s completed prison and probation, the Parole Board plans to monitor his movements for many years to come in its role as Community Supervision Board. The board focuses on first- and second-degree child molesters considered at risk of re-offending."

Convictions Vacated Due to Juror Misconduct by First Circuit- Narcotics Matter

The First Circuit Court of Appeals in U.S. v. Bristol-Martir No. 06-2722, ordered a new trial because jurors during the trial improperly conducted an internet search for legal terminology. Even though the District Court inquired into the conduct, it fatally did not - according to a unanimous panel- ask jurors whether they had been influenced by the improper research.