Rhode Island
Time to take next step in making RI’s bail system more fair | Opinion
Crime families in Rhode Island
A look back at some Rhode Island and New England mobsters.
Journal Staff
Katie Mulvaney’s article “Well-known bondsman is rebuked by RI judge” (News, Feb. 7) may have been shocking to many, but it was no surprise to those who work in the criminal justice system.
The facts of this case are troubling. Rather than post the bail money he collected from the defendant’s family ‒ which would be returned to them after the defendant appeared in court and the case was closed ‒ the bondsman attempted to pocket a portion of it as a nonrefundable fee.
And while no criminal wrongdoing has been reported thus far (indeed, the quasi-judicial officer caught up in this unfortunate incident, attorney/bail commissioner Frank Saccocia, appears to have acted appropriately by promptly reporting the incident), a serious violation of court rules appears to have taken place.
By way of background, both bail commissioners and bondsmen fill essential roles in our criminal justice system. The former serve as quasi-judicial officers, appointed by the chief judge of the District Court. They are empowered to set personal recognizance or security bail, or, in more serious matters, hold a defendant without bail until the next court day. This is done during non-business hours at the police station in a proceeding referred to as a “special arraignment.” The latter ‒ the bondsmen ‒ are private business entities who, for a nonrefundable fee, post property to ensure a defendant’s release. (This bondsmen arrangement is different from the situation where a defendant or their family posts the full value of the bail themselves.)
Thus, the cost of bail falls hardest upon those least able to bear it: the indigent and poor. Those unable to post bail without the assistance of a bondsman are forced to pay money that will never be recovered ‒ a system that is inconsistent with the idea of the presumption of innocence. Indeed, studies show that monetary conditions of bail often lead to a wealth-based detention gap, with the poor suffering additional collateral consequences ‒ such as the loss of housing, employment and education ‒ as they linger in detention facilities.
The pervasive infiltration of money in our criminal justice system invites abuse, leading to situations like the one discussed in Ms. Mulvaney’s article. For example, even when a defendant can post the full amount of bail at a special arraignment, they still must remit a nonrefundable fee. Requiring a defendant to pay an extra fee for judicial services and due process is, at best, unseemly and, at worst, unfair.
Rhode Island “bail law” is composed of an interrelated mesh of state constitutional provisions, statutes, and court decisions and rules. Compared to other states, Rhode Island’s laws certainly have some redeeming qualities. For example, release on personal recognizance ‒ a practice that is consistent with the presumption of innocence ‒ is favored in most cases, especially the less serious ones. Moreover, the courts’ websites contain forms that require judges to explain why personal recognizance is not appropriate before setting monetary conditions of bail; although it appears that this obligation is most often honored in the breach.
Over the last several years, the General Assembly and judiciary have made tremendous progress in reforming the court cost system. The days when people were detained for failure to pay such costs are, thankfully, over. More recently, the courts have improved the ways that restitution is collected and the system is now more efficient.
Therefore, the time is ripe to take the next step: a comprehensive evaluation of our bail system.
Each year dozens of bills are considered by the General Assembly on this topic. A special task force, composed of a variety of criminal justice stakeholders, should be formed to study and make recommendations for improvements to a system that ‒ while at times good ‒ could certainly be made better.
Michael A. DiLauro is owner and manager of The Just Criminal Justice Group.
A one season wonder.
Photo: Clifton Prescod/Bravo
Knowing the history of successful Real Housewives shows, one could have assumed that Liz McGraw’s life was going to play out on TV for the next 20 years, à la Lisa Vanderpump or Vicki Gunvalson. This is, however, not the case. McGraw, one of the breakout stars of season one of The Real Housewives of Rhode Island, is leaving after just one season, she revealed on Instagram today. “I’m full of gratitude for the amazing opportunity to appear on this show,” she wrote. “As filming for Season 2 begins, I have made the decision to take a step back and focus on my family, my work and my passions. The RHORI cast is an amazing group of women who have created something special. I’ll be watching next season, rooting for the continued success of this franchise. For now, I look forward to enjoying this little corner of the world from the other side of the camera.”
The so-called Weed Queen of Rhode Island was part of the glue that held the women of RHORI together. She knew the most cast members and would often counsel both sides of a fight. Throughout the season, she got into arguments with friends, including Kelsey Swanson, Jo-Ellen Tiberi, and Alicia Carmody. There is no confirmation as to why McGraw is leaving, but we know it was her choice. Real Housewives producer Andy Cohen commented, “The door is always open … Just sayin’!” on her going-away post. In the meantime, Jo-Ellen, you have even more show to carry.
Three generations of a family, including a two-year-old girl, have been killed during a driving lesson after their car plunged into a Rhode Island river.
Police received a report that a car had driven into the Seekonk River in Pawtucket on Sunday evening at the small boat-launching area, The Boston Globe reported.
After hours of searching for the submerged car, authorities pulled it out of the water Monday afternoon. The 45-year-old woman, a 22-year-old woman and the two-year-old girl inside the car were found dead.
Pawtucket resident Josue Gomez told The Globe it was his wife, Floridalma Arceno, their daughter, Linora Sucely Gomez, and their granddaughter, Ana Sofia Garcia Gomez, who were killed in the accident.
Gomez said Arceno was teaching their daughter how to drive with their granddaughter in the car when his wife called him in a panic and said, “‘It won’t brake, it won’t brake.’’
“It was the last thing she said to me,” he said.
Pawtucket Police Chief Tina Goncalves told reporters that a “Good Samaritan riding a jet ski in the vicinity heard the car enter the water and attempted to help,” The Providence Journal reported.
“While this was occurring, another individual called 911, and first responders were on scene within 3 minutes,” Goncalves said.
Gomez said he hurried to the boat ramp Sunday evening, but the car was already submerged.
Police tried to find the car, but suspended the search around 1 a.m. Monday due to poor conditions, according to reports.
The search resumed Monday morning, and by around 2:30 p.m. ET, a tow truck pulled the car out of the water.
“They were good people,” Gomez told The Globe.
The Independent has reached out to the Pawtucket Police Department and the Rhode Island Office of the State Medical Examiners for comment.
Authorities called it a “tragic accident,” and said there were no indications of foul play, according to reports.
“Preliminary findings suggest the vehicle was in proper working order,” Pawtucket Detective Sergeant Paul Trout said in an email to The Globe.
Pawtucket Mayor Donald R. Grebien called the incident a “heartbreaking tragedy” in a statement shared with the media.
“Our community mourns alongside them, and we want them to know they are not alone during this unimaginable time,” Grebien said.
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PROVIDENCE – Former CVS executive Helena Foulkes still leads Gov. Dan McKee by double-digits in the Democratic primary race for governor, but her whopping 34-point lead of last April has shrunk to 20 points in the wake of McKee’s TV attack ads, according to a new University of New Hampshire Survey Center poll.
The survey sampled 337 likely 2026 Democratic state primary voters, 145 likely Republican state primary voters and 664 likely general election voters between June 18 and June 23.
Among the key findings of the survey:
If the Democratic primary had been held while the survey was underway, 42% of likely primary voters would have chosen Foulkes and 22% would have chosen McKee, with restaurant owner Gregory Stevens and Wil Gregersen each getting 1%, the poll said. Thirty-one percent of respondents were undecided.
“Pluralities of moderates (46%), liberals (46%), and progressives (46%) support Foulkes, while two-thirds of socialists (66%) are undecided. McKee does best among those aged 65 and older (31%) but still trailsFoulkes (46%) among this group,” according to this poll.
McKee has narrowed the gap somewhat since the last UNH poll in April, when 45% of likely primary voters chose Foulkes and only 11% McKee.
Bottom line: Incumbent McKee, a former Cumberland mayor and lieutenant governor who has been governor since his predecessor Gina Raimondo quit mid-term in March 2021, “remains quite unpopular among likely Democratic primary voters: only 18% have a favorable opinion of him, 56% have an unfavorable opinion,” according to the poll released on Tuesday, June 30.
And then there’s this: In a hypothetical matchup between Foulkes, whoever emerges as the Republican nominee and independent Ken Block, the poll showed 38% of likely general election voters would vote for Foulkes, 22% would vote for the Republican nominee and 19% for Block.
If, however, McKee won the Democratic nomination, the potential matchup “would be very close,” with both McKee and Block getting 27% of the likely general election vote and the GOP nominee 23%; 2% would vote for another candidate. Twenty-one percent were undecided, according to the poll.
The poll is the latest in a string of bad news for the 74-year-old McKee, including his failure to clinch the endorsement of the state Democratic Party on June 20.
Depending on how you do the math, he fell three votes short of the endorsement, making him the first Democratic governor in Rhode Island to fail to win his party’s endorsement for a reelection bid since the modern primary system was created in 1948.
In the days since, Foulkes has racked up city and town Democratic committee endorsements, while McKee has only won endorsements from Pawtucket and North Providence Democrats. On Tuesday, June 30, he touted one more from the East Providence Democratic City Committee.
But McKee campaign spokeswoman Sophie Mestas hailed the poll as evidence that “the more Rhode Islanders learn about Helena Foulkes – a corporate executive who built her career on cutting healthcare access and fueling the opioid crisis – the more they want no part of her empty promises.
“More Rhode Islanders now view her unfavorably than favorably, and it’s not hard to see why,” Mestas said. “Rhode Islanders know the difference between a Governor who delivers for them and an executive who cashed in at their expense – and they’re choosing the Governor who’s always fought for working families.”
Her statement reflects disputed allegations in McKee’s TV ads about Foulkes’ record.
On the Republican front, those surveyed chose retired comedian Elaine Pelino, who has campaigned almost exclusively on Facebook (38%), over the state GOP’s endorsed candidate, Aaron Guckian (19%), an advance man and driver for former Gov. Donald Carcieri who most recently worked for the Rhode Island Dental Association.
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