Personal Injury Attorney Macktaz found this article about a Rhode Island Police Officer accused of assaulting a woman who was under arrest. This is the same officer who assaulted his Rhode Island Personal Injury client Krawetz in 2001. Please find the account of the incident as reported by the Associated Press.
If you have questions about this article or are interested in Personal Injury Lawyer Services in RI contact Rhode Island Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
RI officer charged with assault on cuffed woman
By ERIC TUCKER
Associated Press Writer
Updated: December 18, 2009, 8:23 PM
A Rhode Island police officer was indicted Friday on charges that he kicked a handcuffed woman in the head after removing her from a slot parlor for disorderly conduct, authorities said.
Edward Krawetz, 40, has been suspended without pay from the Lincoln Police Department and also faces administrative charges, said Lincoln police Capt. Raymond Bousquet.
Krawetz was working in uniform at the Twin River gambling parlor just north of Providence on May 31 when he escorted out a woman in handcuffs after other patrons complained about her unruly behavior, said Rhode Island State Police spokesman Capt. David Neill.
A video of the incident shows Krawetz kicking the woman in the side of the head after she apparently tried to kick him, said Michael Healey, a spokesman for the attorney general's office.
Healey said the alleged assault occurred as the woman was cuffed with her hands behind her back waiting on a curb for a patrol car to take her to the police station for booking.
The woman, whose name has not been released, later pleaded no contest to disorderly conduct and has no memory of what happened that night, Healey said.
A Providence County grand jury indictment handed up Friday charges Krawetz with assault with a dangerous weapon.
A telephone listing for Krawetz could not immediately be found and it was not immediately known if he has an attorney. Gary Gentile, a Rhode Island lawyer for the International Brotherhood of Police Officers, declined to comment Friday on the allegations or about whether he would be representing Krawetz.
Krawetz, who has been a Lincoln police officer for 12 1/2 years, is scheduled to be arraigned Jan. 6 in Providence Superior Court.
A Twin River spokeswoman referred all questions to the police department.
Krawetz is the second Rhode Island officer to be charged in an alleged beating in the past two weeks.
A Woonsocket police officer was indicted last week on civil rights abuses for allegedly beating a 16-year-old boy and urging fellow officers to lie about it to the FBI. The FBI is investigating a separate alleged beating of a suspect by Providence police officers in October.
It's not the first time Krawetz has faced allegations of excessive force. He was accused of striking a teenage boy and damaging his two front teeth during an on-duty scuffle in 2001. The boy's lawyer, S. Joshua Macktaz, said they reached a settlement out of court for an undisclosed sum.
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If you have questions about this article or are interested in Personal Injury Lawyer Services in RI contact Rhode Island Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Thursday, December 24, 2009
Wednesday, December 23, 2009
Story of note regarding DUI Statistics in Rhode Island
Attorney Macktaz felt this article from the December 11th Providence Journal is worthy information to share with the public about DUI's and fatalities in Rhode Island.
If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
ACLU leader cautions against misreading DUI statistics
4:10 PM Fri, Dec 11, 2009
Donita Naylor
PROVIDENCE, R.I. -- Saying he wanted "to set the record straight," Steven Brown, leader of the Rhode Island Affiliate of the American Civil Liberties Union, has written to state legislative leaders, taking issue with "cries of alarm" by police and other advocates for stricter drunken driving laws in response to recent drunken-driving statistics.
In a news release Friday, the leader of the state ACLU affiliate says he has written to state Senate President M. Teresa Paiva-Weed and House Speaker William Murphy to say, in part:
"Relying on a slight one-year increase in drunk driving fatalities in order to condemn the state's current enforcement of the drunk driving laws, particularly when the number of overall fatalities is statistically small to begin with, is a completely inappropriate use of the data," Brown said.
Responding to police and drunken-driving opponents' calls for stricter laws, such as instituting "sobriety checkpoints," based on a report by the National Highway Traffic Safety Administration showing that 25 people were killed in Rhode Island in drunken-driving accidents in 2008, up from 22 in 2007, Brown's letter said:
"Even with this slight one-year increase in fatalities, Rhode Island still had the 15th lowest alcohol drunk driving fatality rate in the country in 2008."
The NHTSA concluded that Rhode Island's drunken-driving fatality rate increased to .31 from .25 per 100 million vehicle miles traveled between those two years.
Brown writes that when the number of deaths in Rhode Island attributable to an "'alcohol impaired driver" decreased 30 percent between 2006 and 2007, there was no praise for what Rhode Island had been doing.
"In fact," Brown writes, the statistics "show that, until the slight increase in 2008, the number of drunk driving fatalities had been steadily declining in Rhode Island for the previous five years, and, indeed, had been cut in half during that period."
"Without in any way seeking to diminish the magnitude of this issue or the sincerity of the advocates," Brown writes, "the concerns expressed about the state's drunk driving problem are, however unintentional, extremely misleading" and have been too often used to call for the passage of bills that "often have far-reaching civil liberties implications."
Brown's letter also referred to a report issued by the RI ACLU in 2006 that examined in more depth the ways that the state's drunken-driving statistics have been misused in the past, and concluded: "Obviously, any drunk driving fatality is one too many, but efforts to eradicate this problem cannot be premised on misleading statistics or ungrounded expectations about the utility of punitive laws."
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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
ACLU leader cautions against misreading DUI statistics
4:10 PM Fri, Dec 11, 2009
Donita Naylor
PROVIDENCE, R.I. -- Saying he wanted "to set the record straight," Steven Brown, leader of the Rhode Island Affiliate of the American Civil Liberties Union, has written to state legislative leaders, taking issue with "cries of alarm" by police and other advocates for stricter drunken driving laws in response to recent drunken-driving statistics.
In a news release Friday, the leader of the state ACLU affiliate says he has written to state Senate President M. Teresa Paiva-Weed and House Speaker William Murphy to say, in part:
"Relying on a slight one-year increase in drunk driving fatalities in order to condemn the state's current enforcement of the drunk driving laws, particularly when the number of overall fatalities is statistically small to begin with, is a completely inappropriate use of the data," Brown said.
Responding to police and drunken-driving opponents' calls for stricter laws, such as instituting "sobriety checkpoints," based on a report by the National Highway Traffic Safety Administration showing that 25 people were killed in Rhode Island in drunken-driving accidents in 2008, up from 22 in 2007, Brown's letter said:
"Even with this slight one-year increase in fatalities, Rhode Island still had the 15th lowest alcohol drunk driving fatality rate in the country in 2008."
The NHTSA concluded that Rhode Island's drunken-driving fatality rate increased to .31 from .25 per 100 million vehicle miles traveled between those two years.
Brown writes that when the number of deaths in Rhode Island attributable to an "'alcohol impaired driver" decreased 30 percent between 2006 and 2007, there was no praise for what Rhode Island had been doing.
"In fact," Brown writes, the statistics "show that, until the slight increase in 2008, the number of drunk driving fatalities had been steadily declining in Rhode Island for the previous five years, and, indeed, had been cut in half during that period."
"Without in any way seeking to diminish the magnitude of this issue or the sincerity of the advocates," Brown writes, "the concerns expressed about the state's drunk driving problem are, however unintentional, extremely misleading" and have been too often used to call for the passage of bills that "often have far-reaching civil liberties implications."
Brown's letter also referred to a report issued by the RI ACLU in 2006 that examined in more depth the ways that the state's drunken-driving statistics have been misused in the past, and concluded: "Obviously, any drunk driving fatality is one too many, but efforts to eradicate this problem cannot be premised on misleading statistics or ungrounded expectations about the utility of punitive laws."
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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Criminal Defense Attorney Macktaz defends Patriots mascot "Pat Patriot" against charge of solicitation of sex under RI new Prostituion Laws
With the recent changes to Rhode Island Prostitution Laws that happened in November of 2009 people are now being targeted for violations. On December 10th police arrested 14 people for violation of the new laws. One person arrested was Patriot's Mascot "Patriot Pat", Robert M. Sormanti of Warwick. Attorney Macktaz will be representing him in court in the first of this type of indoor prostitution case in Rhode Island in almost 30 years. This article was in the Providence Journal on Dec 11th.
If you have questions about this article or are interested in Prostitution Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Update: Police arrest 14 under RI's new prostitution law
4:03 PM Fri, Dec 11, 2009 | Permalink
Tom Mooney Email
By Karen Lee Ziner
and Tom Mooney
Journal Staff Writers
SCITUATE, R.I. -- The state police say they have arrested six women and eight men under the state's new prostitution law, which bans indoor solicitation.
The arrests come from several undercover operations in the last two months. In some cases, detectives posed as customers who agreed to meet women in hotels in Providence and Warwick to engage in sex for money.
In at least two other undercover operations, a state police detective posed as a prostitute and attracted eight men to "hotels in the Johnston area."
During the investigations, the detectives answered or placed advertisements on the adult section of Craigs List or in various newspapers to set up their rendezvous.
``The arrests of these individuals validates the fact that the industry for sex for hire is pervasive here in Rhode Island as a result of the [previous] loophole in the law,'' Col. Brendan P. Doherty, superintendent of the state police, said at an afternoon news conference. ``This case also demonstrates that the Rhode Island State Police take this seriously. ...
``It's morally wrong, and now it's illegal,'' Doherty said.
Doherty said the tape recordings from the private conversations that took place as part of the investigation where disturbing in nature, reprehensible and a ``measure of the lack of respect and dignity shown to someone engaged in this trade.''
Doherty said the hotels and motels used in the investigation had no knowledge of the undercover operations.
Doherty thanked the General Assembly for passing legislation that gave the state police the tools to fight prostitution, and said this wouldn't be his department's last initiative.
The state police identified five of the six women arrested and facing prostitution charges. One was 17 and her name was not released. They are:
*Katelynne Pegg, 18, of 8 Albro Ave., Taunton.
*Charlenne Lavasseur, 48, of 11 Gail Ave., Cranston.
*Christine Aurelio, 29, of 464 Buchanan St., Pawtucket.
*Nicole Moyniham, 22, of 187 Cottage St., Pawtucket.
*Jessica A. Neves, 22, of 55 Wannisett Ave., East Providence.
The eight men charged with procurement of sexual conduct for a fee are:
*Antonio F. Lima, 59, of 39 Willard Ave., Seekonk.
*Ahmed Farhane, 33, of 136 George St., Apt. 7, Pawtucket.
*Steven Jobe, 54, of 152 Bayard St., Providence.
*Robert C. McVey, 56, of 140 Kettle Pond Drive, South Kingstown.
*Robert M. Sormanti, 47, of 31 Todd St., Warwick.
*Kenneth Stiles, 47, of 29 Judge St., Fall River.
*William Lee, 43, of 5 Cecile St. Lincoln.
*Daniel Fleming, 38, of 62 Lawn Ave., Warwick.
A man identifying himself as Fleming called The Journal Friday afternoon and said he was not at the hotel to solicit sex, but was looking for an ex-girlfriend.
All of the suspects were arraigned by a justice of the peace and were released on personal recognizance.
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If you have questions about this article or are interested in Prostitution Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
If you have questions about this article or are interested in Prostitution Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Update: Police arrest 14 under RI's new prostitution law
4:03 PM Fri, Dec 11, 2009 | Permalink
Tom Mooney Email
By Karen Lee Ziner
and Tom Mooney
Journal Staff Writers
SCITUATE, R.I. -- The state police say they have arrested six women and eight men under the state's new prostitution law, which bans indoor solicitation.
The arrests come from several undercover operations in the last two months. In some cases, detectives posed as customers who agreed to meet women in hotels in Providence and Warwick to engage in sex for money.
In at least two other undercover operations, a state police detective posed as a prostitute and attracted eight men to "hotels in the Johnston area."
During the investigations, the detectives answered or placed advertisements on the adult section of Craigs List or in various newspapers to set up their rendezvous.
``The arrests of these individuals validates the fact that the industry for sex for hire is pervasive here in Rhode Island as a result of the [previous] loophole in the law,'' Col. Brendan P. Doherty, superintendent of the state police, said at an afternoon news conference. ``This case also demonstrates that the Rhode Island State Police take this seriously. ...
``It's morally wrong, and now it's illegal,'' Doherty said.
Doherty said the tape recordings from the private conversations that took place as part of the investigation where disturbing in nature, reprehensible and a ``measure of the lack of respect and dignity shown to someone engaged in this trade.''
Doherty said the hotels and motels used in the investigation had no knowledge of the undercover operations.
Doherty thanked the General Assembly for passing legislation that gave the state police the tools to fight prostitution, and said this wouldn't be his department's last initiative.
The state police identified five of the six women arrested and facing prostitution charges. One was 17 and her name was not released. They are:
*Katelynne Pegg, 18, of 8 Albro Ave., Taunton.
*Charlenne Lavasseur, 48, of 11 Gail Ave., Cranston.
*Christine Aurelio, 29, of 464 Buchanan St., Pawtucket.
*Nicole Moyniham, 22, of 187 Cottage St., Pawtucket.
*Jessica A. Neves, 22, of 55 Wannisett Ave., East Providence.
The eight men charged with procurement of sexual conduct for a fee are:
*Antonio F. Lima, 59, of 39 Willard Ave., Seekonk.
*Ahmed Farhane, 33, of 136 George St., Apt. 7, Pawtucket.
*Steven Jobe, 54, of 152 Bayard St., Providence.
*Robert C. McVey, 56, of 140 Kettle Pond Drive, South Kingstown.
*Robert M. Sormanti, 47, of 31 Todd St., Warwick.
*Kenneth Stiles, 47, of 29 Judge St., Fall River.
*William Lee, 43, of 5 Cecile St. Lincoln.
*Daniel Fleming, 38, of 62 Lawn Ave., Warwick.
A man identifying himself as Fleming called The Journal Friday afternoon and said he was not at the hotel to solicit sex, but was looking for an ex-girlfriend.
All of the suspects were arraigned by a justice of the peace and were released on personal recognizance.
----------------------------------------------------------------------------------
If you have questions about this article or are interested in Prostitution Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
Tuesday, December 1, 2009
New State Law Allows R.I. officers to compel blood-alcohol sampling
Rhode Island DUI Attorney Macktaz found this article to be important information for the general public. If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
R.I. officers can now compel blood-alcohol sampling
01:00 AM EST on Wednesday, November 25, 2009
By W. Zachary Malinowski
Journal Staff Writer
PROVIDENCE — Drunken drivers beware. The state has a new law that allows the police to compel motorists who are suspected of drinking and are involved in crashes resulting in death or serious bodily injury to undergo blood-alcohol testing.
The law, based on recent General Assembly action, comes during the holiday season, when more people than usual get behind the wheel of a car after downing drinks at an office party or with friends at a local watering hole.
The new law is welcomed by the law-enforcement community. State police Col. Brendan P Doherty and Attorney General Patrick C. Lynch, among others, have endorsed the legislation as an effective weapon in prosecuting drunken drivers.
“I’m very pleased that we got the legislation passed,” Doherty said.
The law provides an alternative for the police when a suspected drunken driver involved in a serious crash refuses to submit to a breath test. The police can go to any state judge for a warrant for a hospital to take the blood sample for testing. Formerly, the driver could refuse to submit to a screening, even in the most serious cases. The police could seek a warrant to compel a blood-alcohol test only if the person had been hospitalized for injuries related to the crash.
Lynch, who has been pushing for the new law for the past seven years, said it also allows hospitals to draw blood from suspects before a warrant is obtained. For example, a suspect could have minor injuries and leave the hospital before a judge signs the warrant. The law deals with that type of scenario by allowing the hospital to take the blood sample and hold it, pending approval of the warrant. “It gives us the right tools when we walk into court,” Lynch said.
THE LEGISLATION, signed into law two weeks ago by Governor Carcieri, was sponsored by Rep. Douglas W. Gablinske, D-Bristol, and Rep. John Brien, D-Woonsocket. Gablinske lost his father, William, in August 1971, after a speeding motorcyclist hit him on Greylock Road in Bristol.
Back in those days, there were few impaired-driver prosecutions, but Gablinske said he believes that the motorcyclist was under the influence of alcohol or drugs. A few years later, he said, the man was convicted on drug charges and sent to the Adult Correctional Institutions. He has spent most of his adult life bouncing in and out of prison.
Gablinske said that Rhode Island is not breaking new ground with the law. He said that 44 states have similar laws and 26 of those do not require signed warrants. He said an important piece of the legislation requires the arresting law-enforcement agency to use audio and video equipment to record the drawing of the blood.
Gablinske said the recordings could help the prosecution if the suspect is “stumbling and bumbling” in the hospital. “It really adds to the arsenal for the police,” he said.
Not everyone supports the legislation. Michael A. DiLauro, president of the Rhode Island Association of Criminal Defense Lawyers, said he believes that the existing laws in Rhode Island are strong enough. He noted that drunken drivers involved in fatal or serious crashes involving injuries normally plead guilty to criminal charges and are sentenced to lengthy prison terms.
Carcieri will host a ceremonial signing of the new law Wednesday at 10 a.m. in the State House. Drunken driving in Rhode Island
NUMBERS: Assistant Attorney General Jay Sullivan said that over the past two years, about 2,000 motorists were convicted of drunken driving or failing to submit to a breath test. Earlier this decade, the annual number was about 2,500.
FATALITIES: The state averages 65 to 70 motor-vehicle fatalities annually, and about half of those involve drunken drivers.
PENALTIES: The penalty for a first offender driving while intoxicated is loss of license for three months. Refusal to submit to a breath test carries a six-month penalty.
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If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
R.I. officers can now compel blood-alcohol sampling
01:00 AM EST on Wednesday, November 25, 2009
By W. Zachary Malinowski
Journal Staff Writer
PROVIDENCE — Drunken drivers beware. The state has a new law that allows the police to compel motorists who are suspected of drinking and are involved in crashes resulting in death or serious bodily injury to undergo blood-alcohol testing.
The law, based on recent General Assembly action, comes during the holiday season, when more people than usual get behind the wheel of a car after downing drinks at an office party or with friends at a local watering hole.
The new law is welcomed by the law-enforcement community. State police Col. Brendan P Doherty and Attorney General Patrick C. Lynch, among others, have endorsed the legislation as an effective weapon in prosecuting drunken drivers.
“I’m very pleased that we got the legislation passed,” Doherty said.
The law provides an alternative for the police when a suspected drunken driver involved in a serious crash refuses to submit to a breath test. The police can go to any state judge for a warrant for a hospital to take the blood sample for testing. Formerly, the driver could refuse to submit to a screening, even in the most serious cases. The police could seek a warrant to compel a blood-alcohol test only if the person had been hospitalized for injuries related to the crash.
Lynch, who has been pushing for the new law for the past seven years, said it also allows hospitals to draw blood from suspects before a warrant is obtained. For example, a suspect could have minor injuries and leave the hospital before a judge signs the warrant. The law deals with that type of scenario by allowing the hospital to take the blood sample and hold it, pending approval of the warrant. “It gives us the right tools when we walk into court,” Lynch said.
THE LEGISLATION, signed into law two weeks ago by Governor Carcieri, was sponsored by Rep. Douglas W. Gablinske, D-Bristol, and Rep. John Brien, D-Woonsocket. Gablinske lost his father, William, in August 1971, after a speeding motorcyclist hit him on Greylock Road in Bristol.
Back in those days, there were few impaired-driver prosecutions, but Gablinske said he believes that the motorcyclist was under the influence of alcohol or drugs. A few years later, he said, the man was convicted on drug charges and sent to the Adult Correctional Institutions. He has spent most of his adult life bouncing in and out of prison.
Gablinske said that Rhode Island is not breaking new ground with the law. He said that 44 states have similar laws and 26 of those do not require signed warrants. He said an important piece of the legislation requires the arresting law-enforcement agency to use audio and video equipment to record the drawing of the blood.
Gablinske said the recordings could help the prosecution if the suspect is “stumbling and bumbling” in the hospital. “It really adds to the arsenal for the police,” he said.
Not everyone supports the legislation. Michael A. DiLauro, president of the Rhode Island Association of Criminal Defense Lawyers, said he believes that the existing laws in Rhode Island are strong enough. He noted that drunken drivers involved in fatal or serious crashes involving injuries normally plead guilty to criminal charges and are sentenced to lengthy prison terms.
Carcieri will host a ceremonial signing of the new law Wednesday at 10 a.m. in the State House. Drunken driving in Rhode Island
NUMBERS: Assistant Attorney General Jay Sullivan said that over the past two years, about 2,000 motorists were convicted of drunken driving or failing to submit to a breath test. Earlier this decade, the annual number was about 2,500.
FATALITIES: The state averages 65 to 70 motor-vehicle fatalities annually, and about half of those involve drunken drivers.
PENALTIES: The penalty for a first offender driving while intoxicated is loss of license for three months. Refusal to submit to a breath test carries a six-month penalty.
----------------------------------------------------------------------------------
If you have questions about this article or are interested in DUI or Criminal Defense in RI contact Rhode Island Criminal Defense Attorney Joshua Macktaz at 401-861-1155 or CONTACT him via email.
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