More Street Workers to Flee Criminal Past at Providence's Institute for the Study & Practice of Nonviolence

The Providence Journal reports that 10 more people will join the Institute for the Study & Practice of Nonviolence in Providence RI. These workers mostly have criminal pasts and will be assigned to persuade Rhode Island youths to avoid a life of crime.

Projo Article on Deficiencies of RI's Probation System

In a recent article, the Providence Journal reports an interesting (and disturbing) aspect of RI criminal legal system. The article describes the trajectory of a man out on probation, who was found to be in violation of its terms when arrested for a robbery he said he did not commit. Under the low standard "reasonably satisfied" (much lower than the stringent beyond a reasonable doubt criminal trial standard), the Court found it was reasonably satisfied that the peace had been disturbed and a crime committed, in violation of the man's terms of probation. He was thus sent back to jail. A few years later, under the beyond a reasonable doubt standard, he was fully acquitted of the robbery charge, but in Rhode Island, a clearing of guilt on the underlying charge does not mean automatic reversal of the probation violation decision. A person, despite the acquittal, can remain in prison for violating probation.

www.georgejwestlaw.com

Professors are Against Proposed Indoor Prostitution Ban

Professors and academics writing in an open letter believe that indoor prostitution should not be banned as R.I. state legislators have proposed because it is less likely that "sex workers" who operate behind closed doors are abused physically or use drugs. Apparently, research shows that indoor prostitutes are older on the whole and less likely to be assaulted or raped, as compared with outdoor counterparts. R.I. legislators who sponsored the bill seemed unswayed by the letter and are pushing for a vote banning the legality of indoor prostitution in September 2009.

www.georgejwestlaw.com

RI Man Sentenced for Murder

A R.I. man was sentenced on Thursday August 13, 2009 to two consecutive life terms for the murder of a man he believed was involved with his girlfriend, as reported by the Providence Journal. The court rejected any claim that the killing should be classified as manslaughter, or in the heat of passion; instead it stood by the position that the crime was one of first-degree murder. The sentence also included concurrent twenty (20) and ten (10) year terms for kidnapping and a firearms offense, respectively. The defendant is Miguel Avila, sentenced by Superior Court Justice Robert Krause.

www.georgejwestlaw.com

RI State with Highest Drug Use in Country According to Study

A study posted in a blog on the NY Times website placed R.I. first as the state with the highest incidence of use of illicit drugs. Illicit drugs, according to the post, include “marijuana/hashish, cocaine (including crack), heroin, hallucinogens, inhalants, or prescription-type psychotherapeutics used nonmedically.” R.I.'s rate of use of illicit drugs besides marijuana was also among the top two highest in the country. This is obviously not the type of distinction the state seeks.

LaFlamme Sentenced to Below-Guideline Sentence; Represented by George J. West & Associates

The Providence Journal has reported that Ms. Dolores LaFlamme, involved in fraudulently producing licenses while working at the DMV, has been sentenced in R.I. Federal Court. Her sentence of 36 months to serve was well below the expected term, as the federal prosecutors agreed to drop the aggravated identity theft charge which mandated a two-year enhancement. She was represented by Attorney George J. West of George J. West & Associates.

www.georgejwestlaw.com

East Providence Homeless Man Arrested for Violation of Sex Offender Registration Law

The Providence Journal reports that an East Providence man, considered the leader of the homeless group living in a camp known as "tent city" in Providence, has been arrested for failing to register as a sex offender as required under R.I. law. He failed to provide an address, according to police. Freitas decided to move the camp to East Providence after being told that it would have to disband. The 55-year old man is set to appear in R.I. District Court today, Wednesday August 8, 2009. John Freitas argues that the level III sex offender level is too onerous given that his convictions are over 20 years old and were meted out in MA courts. The New York Times has also reported this story, even including a first page article with photos on Providence's tent city last week. The Attorney General's office comments that Freitas has a lifelong obligation to register.

www.georgejwestlaw.com

Neronha to be Nominated U.S. Attorney for District of R.I.

The Providence Journal reports that President Obama will nominate Assistant U.S. Attorney Peter F. Neronha to be the next U.S. Attorney for Rhode Island, according to Senators Reed and Whitehouse. The senators applauded Obama's nod calling Neronha an "independent" and "distinguished" prosecutor.

www.georgejwestlaw.com