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Saturday, April 13, 2013

Child Victimization

When it comes to child victimization, various crimes apply and each hold a different weight. Crimes against children include neglect and abandonment; physical, emotional, or sexual abuse; and abduction by strangers of family members. Children experience high levels of violent crime, both directly and indirectly, often at the hands of their families. Many acts of sexual abuse are committed by nuclear family members, friends, and relatives. Being victimized as a child is connected with being victimized as an adult. However, children's status as minors creates barriers to justice. Many states including Rhode Island require a specific professional to report child abuse by a parent or guardian. This is turn leads to a large amount of child abuse cases not being reported.

When it comes to a child being sexually abused, the offender has a specific way of dealing with his crime

Criminal defendants who are convicted of certain sex crimes or crimes against children are classified as a Level I, II or III Sex Offender, usually around 14 days before the defendant is released/paroled.  These levels go from one to three in order of increasing risk of re-offending.  For those classified as a Level I, only law enforcement and certain other individuals will be notified of your release and current address.  For Level II Sex Offenders, certain community organizations (such as malls, youth groups, youth sports teams, movie theaters and libraries) will also be notified, including schools and day care facilities (if the defendant is “likely to encounter” a school or day care).  If you are classified as a Level III Sex Offender, individual members of your community will know that you are a sex offender (the police can put out notices through things like fliers, news releases, or ads in the local paper).  In addition to community notification, if you are classified as a Level II or III, your local police department is able to disclose personal information about you without your consent, and your personal information will be posted on the State’s website.



More information can be found at this website

http://risexcrimes.wordpress.com/ri-sex-offender-registration/



One of the more famous cases of Child Pornography deals with David Crisostomi and his case as reported below


An East Providence man pleaded guilty in U.S. District Court on Tuesday, March 12, to four child pornography charges.
David Crisostomi, 37, pleaded guilty to three counts of using a minor to manufacture child pornography, and one count each of possessing and distributing child pornography, according to United States Attorney Peter F. Neronha’s office.
Crisostomi is scheduled to be sentenced on May 29. He could face up to 30 years in prison.
Crisostomi has been in federal custody since his arrest on February 16, 2012
Appearing before U.S. District Court Judge John J. McConnell, Jr., Crisostomi admitted to the court that on at least three occasions he participated in the recording of child pornography with a prepubescent minor. He also admitted to the court that he downloaded and shared child pornography with others.
According to information presented to the court on January 6, 2012, an undercover agent from the FBI’s Innocent Images Operations Unit observed that a user later identified as Crisostomi was online and was sharing two folders containing child pornography.  Three days later, an undercover agent observed that Crisostomi was online and was now sharing four folders containing child pornography.
On February 16, 2012, agents from the FBI and the Rhode Island State Police Internet Crimes Against Children (ICAC) Task Force executed a federal search warrant at Crisostomi’s residence and seized numerous images and videos depicting child pornography, computers and other electronic devices. 
At sentencing, Crisostomi faces a minimum statutory sentence of 15 years imprisonment and up to 30 years imprisonment for using a minor to produce child pornography; a minimum statutory sentence of 5 years imprisonment and up to 20 years imprisonment for distribution of child pornography; and up to 10 years imprisonment for possessing child pornography.
This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse.
More information can be found here. 

http://eastprovidence.patch.com/articles/e-p-man-pleads-guilty-to-4-child-pornography-charges

Also, this video shows How to Prevent Child Abuse in the State of Rhode Island

http://www.youtube.com/watch?v=gzHumSzaCrg


Sunday, March 31, 2013

Murder

In the State of Rhode Island, their definition of a murder is the unlawful killing of a human being with malice aforethought. In order for the murder to be considered first degree certain criteria needs to be met.

First Degree Murder: Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing, or committed in the perpetration of, or attempt to perpetrate, any arson, rape, any degree of sexual assault or child molestation, burglary or breaking and entering, robbery, kidnapping, or committed during the course of the perpetration, or attempted perpetration, of felony manufacture, sale, delivery, or other distribution of a controlled substance or committed against any law enforcement officer in the performance of his or her duty or committed against an assistant attorney general or special assistant attorney general in the performance of his or her duty, or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him or her who is killed, is murder in the first degree.

Any other type of murder will be considered second-degree according to Rhode Island Law which more Information can be found at this link

http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-23/11-23-1.HTM

When it comes to Penalties for Murder, Rhode Island has different penalties for First Degree and Second Degree Murder

Every person guilty of murder in the first degree shall be imprisoned for life.

Every person guilty of murder in the second degree shall be imprisoned for not less than ten (10) years and may be imprisoned for life.

More Information about the Penalties for murder in Rhode Island can be found here

http://webserver.rilin.state.ri.us/Statutes/TITLE11/11-23/11-23-2.HTM

One famous murder took place took place more than a decade ago where two murderers killed a woman "randomly" for the thrill of it.

When convicted the two murdered received different penalties

Marc Girard received life in prison plus 10 years thanks to give giving the victim the fatal blow when they were beating her with a lug wrench and a shovel. 

Alfred Brissette, on the other hand, received 60 years with 35 years to serve in jail in which he would have been released from jail in 2034.

However, thanks to more than 1600 "good days", his sentence has been changed to being released in 2012 and being on parole until 2028 in which he will be free from the system.

The full story goes as shown

PROVIDENCE, R.I. (WPRI) - A Woonsocket man convicted in the “thrill” killing of a woman at random has been granted parole and is set to be released from prison in December, decades early.

Alfred Brissette, 38, pleaded no contest to murder charges in the 1999 killing of Jeanette Descoteaux, also of Woonsocket. Court records show Brissette and Marc Girard lured the woman to the woods of Burrillville with a promise to supply her with cocaine.
According to court documents, Brissette and Girard "had conspired to kill and bury a random female victim" 18 months prior to the murder.
"Brissette had even bought a shovel for the express purpose of digging a grave to bury whoever they killed, according to the police," records from a 2002 R.I. Supreme Court case reveal.
According to a graphic description of the crime, Girard left the vehicle to relieve himself when the three arrived at George Washington Park in Burrillville. Brissette then demanded Descoteaux have sex with him in exchange for cocaine.
"After that, Brissette reached into the back of the Blazer for a plastic bag containing a lug wrench and smashed it into Jeanette's head," according to court records. "Jeanette was stunned and asked Brissette what he was doing, to which he responded by again striking her head with the lug wrench."
The victim screamed begging Brissette to stop, at which point Girard returned, according to police records quoted in the court documents. Descoteaux promised she wouldn't tell anyone what had happened if they drove her to the hospital.
"In the meantime, Brissette, who had been rummaging about in the Blazer, reappeared and handed the shovel to Girard and directed him to dig a hole," court documents state. "Suddenly realizing the implications of what was happening, the wounded and bleeding Jeanette sprang to her feet and began to run for her life."
Both men chased Descoteaux - who was still naked - through the woods and eventually caught up, according to court documents. They began beating her with a lug wrench and a shovel.
Court records state Girard told police in his confession that he dealt the fatal blow: "I was just trying to put her out of her misery. I didn't want her laying out there for days still alive, bleeding."
Girard was sentenced to life plus 10 years and later lost a bid for a new trial. The Supreme Court described the murder as a "brutal, barbaric and utterly senseless thrill kill.'"
Brissette was sentenced to 60 years with 35 to serve and was scheduled to be released in 2034, but Brissette earned more than 1,600 days of "good time" credit putting his release date to 2028, according to the R.I. Department of Corrections.
The Rhode Island Parole Board granted Brissette early release earlier this year.
Parole Board Administrator Matthew Degnan did not have an exact date for Brissette's release and said he isn't allowed to make details about it public, but he said Brissette will be supervised as a parolee until 2028.
In a statement, the parole board said Brissette had never been disciplined in his 14 years at the Adult Correctional Institutions in Cranston.
"The board was impressed with inmate’s program participation and his documented plan for change," according to the statement. "Further, the Parole Board did not receive [any] objection letter from the [attorney general’s] office or the victim’s family."
Target 12 has learned Descoteaux's mother died in 2008.
Amy Kempe, spokesperson for Attorney General Peter Kilmartin, said: "It is up to the Department of Corrections and the parole board to use their best judgment in terms of rehabilitation and parole. The parole board has the facts of the case. They have all the information to make their decisions."
Carolyn Medeiros, executive director of the Alliance for Safe Communities, said Brissette should not have "been cut any deals."
"This is a travesty to the law. This was someone's daughter," Medeiros said. "An individual like this, we're truly concerned what's going to happen down the line with him back in our communities."'
Medeiros said she was tipped off to the parole board's vote and wanted to bring Brissette's release to the public's attention.
"They took a woman out to the woods, they repeatedly beat her with a lug wrench, one of them tried to sever her spine with a shovel, she ran through the woods naked to get away from them," Medeiros said. "He's done a good job of manipulating the prison system, and he'll be out early now."
More information can be found at this website

http://www.wpri.com/dpp/target_12/thrill-kill-murderer-granted-early-release

Here's a mugshot of Alfred Brissette who may be getting out much earlier than planned.



However, it would seem the Parole Board is going back on their word and will have another look at Brissette's case before deciding to let him out
This video tells the full story
http://www.youtube.com/watch?v=GZigikb0QsI



Sunday, March 17, 2013

Mobs

By definition a mob is a disturbance of the peace by several persons, assembled and acting with a common intent in executing a lawful or unlawful enterprise in a violent and turbulent manner.

The number of necessary people to be counted as a mob is three although some states say only 2 are needed.

If a person does not suppress the mob, they will be counted as being part of it even if they are doing nothing.

More information can be found here. 

http://legal-dictionary.thefreedictionary.com/Mob+violence

Every state has its own Riots even Rhode Island, the smallest State in America and in the bottom 20% for Population across states. 

A famous mob in Rhode Island took place at the University of Rhode Island several years ago when "Jersey Shore" star Pauly D stopped by to visit a friend. While the mob was not particularly violent or dangerous, police were called in for crowd control. The story goes as follows


Jersey Shore's Pauly D caused a scene at the University of Rhode Island on Thursday. A mob of screaming students ran after the native Rhode Islander who stopped to visit a friend at the university in Kingston.
The URI Facebook page was abuzz with the news that record-spinning DJ Pauly D was on the campus:
University of Rhode Island What in the name of Snooki is going on here? It seems we had ourselves a Situation on campus when Pauly D. from Jersey Shore showed up to visit a friend. Youtube user Kountrykid captured the wild scene. File this under "Things That Make You Say 'J-Woww!'"
Radar Online reports that "more than 1,000 students flocked to and surrounded the building the MTV star was in, within a matter of minutes."
Reportedly police had to be called in to the URI for crowd control purposes.
Pauly D seemed to enjoy the scene, tweeting "See What Happens When Im In Town For 1 Day Lmaooo."
Here's the link for more info.
http://www.examiner.com/article/jersey-shore-s-pauly-d-causes-mob-scene-rhode-island-video
and here's the link for the actual video of the incident
http://www.youtube.com/watch?v=bdExzBQp0zQ

Saturday, February 23, 2013

Sexual Assault in Rhode Island

There are many different types and laws regarding sexual assault in Rhode Island


A charge of first degree sexual assault is the act of engaging in sexual penetration using force or coercion, or if the victim is deemed to be physically helpless, or mentally disabled or incapacitated and the accused is aware of that fact. Sexual assault in the first degree is the legal term for rape under Rhode Island's criminal laws & statutes.

A charge of second degree sexual assault is the act of engaging in sexual contact using force or coercion, or if the victim is deemed to be physically helpless, or mentally disabled or incapacitated and the accused is aware of that fact.

A charge of third degree sexual assault is the act of engaging in sexual penetration with a victim over the age of 14, and under the age of 16 (the age of consent). No coercion or force is necessary. Also commonly know as statutory rape.

A charge of first degree child molestation sexual assault is the act of engaging in sexual penetration with a victim under age of 14.

A charge of second degree child molestation sexual assault is the act of engaging in sexual contact with a victim under age of 14

As you can see the type of Sexual Assault differs based on if penetration was involved and the age of the victim

Sexual Assault, first degree - The penalty for first degree sexual assault is a minimum of 10 years in prison, up to life in prison.

Sexual Assault, second degree - The penalty for second degree sexual assault in Rhode Island is a minimum of 3 years in prison and a maximum or 15 years.

Sexual Assault, third degree - The penalty for third degree sexual assault in Rhode Island is a maximum of 5 years in prison.

Assault with intent to commit sexual assault in the first degree is punishable with a minimum of 3 years in prison and a maximum or 15 years.

Sexual Assault, Child Molestation first degree - The penalty for first degree child molestation sexual assault is a minimum of 25 years to life in prison.

Sexual Assault, Child Molestation second degree - The penalty for first degree child molestation sexual assault is a minimum of 6 years to 30 years in prison.

Failure to Report a Sexual Assault - The penalty for failing to report a sexual assault in your presence that you are aware of is a misdemeanor charge, with up to one year in jail and a $500 fine.

Different types of Sexual Assaults results in Different punishments for the offender

Also noted is the doubling of jail time/fines if the offender is found guilty of Sexual Assault again.

More Information can be found here

http://www.ridrunkdrivingdefense.com/RI-sexual-assault.htm

One of the more recent sexual assault incidents occurred 4-5 months ago at Rhode Island Hospital

The story goes as follows

PROVIDENCE, R.I. (WPRI) -- A nursing assistant from Rhode Island Hospital has had his license suspended following some shocking allegations.
Nathaniel Rodruigues is accused of sexually assaulting a female patient at RIH back in September. His nursing assistant license has been suspended indefinitely. Eyewitness News obtained a copy of his summary suspension from the Department of Health, which reads in part:
"...the Director of Health has determined that the continuation of the license of Nathaniel Rodruigues as a nursing assistant constitutes and imminent threat to the health, welfare and safety of the public and imperatively requires emergency action. Accordingly, the nursing assistant license of Nathaniel Rodruigues is hereby suspended..."
Rhode Island Hospital tells Eyewitness News Rodruigues' last day with them was October 3.
Department of Health documents show Rodruigues can request a hearing on his license. It is not known if he's taken any action thus far.

http://www.wpri.com/dpp/news/local_news/providence/nursing-asst-accused-of-sexual-assault



and here's a video going into further detail about the incident

http://www.youtube.com/watch?v=ZFGvIZh0pps





Sunday, February 10, 2013

Fight Victim's Father Believes Assault Was a Hate Crime


Joe Stephens Sr., the father of the victim in Thursday's after-school fight at Mt. Hope High School, plans to get even with the assailant, but not with violence.
Stephens says he has been in contact with Bristol Police and Rhode Island State Police officers all day, and is disgusted that the boy who put his son in the hospital was only charged with assault.
"He got beat up because of the music he listens to," he said. "To me, that is a hate crime."
Stephens says officers told him that his son was hit once, but after seeing his son's injuries, he thinks there is more to the story.
"He has loose teeth, cuts on his face and was a complete mess when I first saw him," he said. "There's an abrasion on his neck and a huge bump that takes up his chin. It's not possible for all of those injuries to come from one punch and falling to the ground."
Stephens says he plans to make a trip to the District Attorney's office on Monday to discuss his options.
"We're definitely pursuing this," he said.
A half-hour before school let out, more than five police cruisers and undercover police officers were parked and patrolling the area around Mt. Hope High School. Stephens and his 19-year-old son, Mason, were there at the same time for a special meeting with Principal Donald Rebello to discuss what to do next. Stephens said the heightened security at the school startled him.
"Officers gave my son dirty looks because he was wearing an Insane Clown Posse sweatshirt," he said. "I asked them why they were staring at us, and one officer told me to keep my tone and voice down."
Stephens said he was escorted by not one, but three police officers, into the building and into the meeting with Rebello.
"I just kept thinking, I'm not the criminal," he said. "I have seven children and not one of them have a criminal record."
As for retaliation in school, Stephens says he hopes that his son's friends stay out of it.
"Things like this just make us look bad, but we're not the bad ones here," Stephens said. "We're originally from Fall River and my kids went to Durfee and they never experienced anything like this. We left Fall River to get away from this crap."
Stephens said to the best of his knowledge, his son will not be punished by the school for the fight. His son, who is a freshman at the high school, is home recovering with his family.

http://bristol-warren.patch.com/articles/fight-victim-s-father-to-pursue-charges-as-hate-crime
I'm doubtful of the fight being a hate crime. Beating someone up because they listen to a different style of music really isn't a hate crime and I don't believe it was solely just for the type of music Stephens Jr. was listening to. Kids just don't beat up other kids for the type of music they listen to. Maybe bully, but not cause serious injury. I'm not sure Stephens Sr. was in the right by allowing his son to attend the meeting in his "Insane Clown Posse" sweatshirt. I feel like that is just rubbing it in. I also don't believe Stephens was the victim of just 1 punch since he had multiple injuries everywhere on his face. There is way more to the story than anyone is willing to tell. As for the future, not much can be done beyond suspension unless they want to enforce a new dress code and completely ban music players altogether which probably won't be worth the effort. 


Saturday, January 26, 2013

Providence police investigating Silver Lake home invasion

The official story goes as follows


PROVIDENCE, R.I. -- Two intruders forced their way into an apartment at 138 Whitehall St. in the city's Silver Lake neighborhood Friday night.
The two assaulted a female resident and fought another male resident before fleeing, according to police.
The incident happened sometime before 10 p.m. The woman, Anadrea Witcher, said two men pushed her into her first-floor apartment and began to assault her "for no apparent reason."
She began screaming to get the attention of her roommate, Jason Izzo, who fought at least one of the men.
Witcher said she believed the two, who did not demand or take anything from the apartment, were looking for another resident of the apartment building.
Police said neither resident was seriously injured in the incident. 
The biggest question I have is just why? I could understand if they want to steal something or take her hostage but they were looking for another resident of the apartment building. Why did they break in and then just randomly beat her up? Did they think she knew the person they were really looking for? Why didn't they just ask her if she knew where the person was? I was also wondering if she was able to recognize any of the two intruders and what possible connection she could have with them? Perhaps she was just an innocent bystander that got caught up in the cross-fire? Another question is will they be back or was it just a one-time affair gone wrong? 

http://news.providencejournal.com/breaking-news/2013/01/providence-police-investigating-silver-lake-home-invasionready.html