Congratulations!

From our President, Olin Thompson:

I'm happy to announce that Assistant Public Defender Melissa Braatz and
private attorney Katie Nee have been awarded this year's William Reilly
scholarships to attend the two week National Criminal Defense College in
Macon, GA.

There were quite a few qualified applicants this year who we will hopefully
be able to send in the future, but Melissa and Katie were selected based on
their dedication to indigent defense, their experience, and the stage of
their trial careers.  NCDC has been a great investment for RIACDL over the
years both because it hones the individual attendees' trial skills and
because they bring that practice back to our courts, benefiting younger
attorneys and older attorneys alike.

These scholarships are funded from various RIACDL programs but primarily by
our golf tournament, scheduled this year for Thursday August 18.  If you
have not already, please go to the RIACDL Store to purchase tickets to
play, to join us for delicious and nutritious BBQ, or to sponsor a tee.
It's a great cause and a fun day

Congrats Melissa and Katie!

-Olin

Victory!


From our member Ed Roy. Outstanding work to Ed, Melissa Larsen and Jim O'Neil:

I wanted to pass along a successful motion to suppress that myself, Melissa Larsen and Jim O'Neil handled before Judge Van Couyghen in January. The case involved allegations of 1st and 2nd degree child molestation.  A key witness would have been a Mass DCYF worker who claimed our client had made damaging admissions concerning charged conduct.  We were able to demonstrate that Mass case law and a written brochure put out by the Mass DCF required that a non-custodial interviewee be informed of right to counsel, and that DCF investigator was a mandatory reporter.  The investigator did not give the brochure to client until the conclusion of the interview after he had made the "admissions". The Judge found that the state has the burden of showing the voluntariness of statements made to an investigator and that investigator was an arm of law enforcement.  The Judge found that warnings were given late, after statements were given, and therefore were not voluntary.

Save the date! February 5, 2016: False Confessions Program

 

9:00 AM to 5:00 PM

Six (6) CLE credits

 LOCALE: TBA

 From Mike Dilauro:

I want to thank RIACDL member John Calcagni, who after working with him on one of his cases, was able to prevail upon one of the foremost experts in the country on false confessions, Dr. Richard Ofshe, to come to RI FROM ca to share his unique and invaluable insights with us. YOU WON’T WANT TO MISS WHAT IS SURE TO BE AN INTERESTING, EXCITING, AND INFORMATIVE PROGRAM!

 

 

 

 

 

Congratulations Elaine Brunetti


RI Assistant Public Defender Elaine Brunetti had a nice win on 12/7/15 in State v. Jose Rodriguez.
From Elaine:
"Judge Carnes granted my Motion to Suppress in and out of court identification this past Monday 12/7 in State v. Jose Rodriguez.
Judge Carnes ruled the procedure used by Woonsocket Police was impermissively suggestive.
He also found that under the totality of the circumstances, the procedure was not otherwise reliable.
Without that, State could not go forward.
He also denied State's Motion to Reconsider on 12/8."
Good job Elaine!
 

Upcoming Training Events


REMINDER: Wednesday 11/18/15 @ 4:00 PM. Recent Developments in Criminal Law & Procedure. Brochure and signup instructions attached. ONLY A FEW SPOTS LEFT!


SAVE THE DATES (More Info Including Sign-Up Instructions Coming Soon):


Friday, 2/5/16 (Rain / Snow Date: Monday, 2/8/16): False Confessions. Presenters: Dr. Richard Ofshe & John Calcagni, Esq.
Friday, 5/6/16. DWI, FST’s & DRE’s. Annual RIPD / RIACDL All Day Training. Presenter: Robert F. La Pier, La Pier & Associates.
Friday, 6/24/16. Cinema Verite & the Rules of Professional Conduct IX.
 

File this under the Win column...

From William Devereaux over at Pannone Lopes Devereaux & West :

 

In the cases of State (Charlestown) v. Gonsalves and Barber. Two Narragansett Indians were arrested on tribal lands by a Charlestown police officer for “obstruction”. After a fairly extensive hearing the case was dismissed. Judge Houlihan issued a bench decision which recognized tribal lands as “private lands”.

 

Congratulations Bill.