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State v. Werner6/5/2003
, the sending state must respond to the offer made by the receiving state. Once the sending state makes an offer to deliver temporary custody, once that is received by the State of Rhode Island, then Rhode Island, and only then, can Rhode Island go to Massachusetts and retrieve the prisoner. The 120 day period set forth in Article 3 begins to run once the prisoner arrives in Rhode Island. None of that occurred in this case, for reasons which have not been explained. The Commonwealth of Massachusetts did not send an offer of temporary custody to Rhode Island.
"Mr. Dambruch has orally represented that at some point in April or in early May of 1993, the State of Rhode Island was informed that the defendant refused to exercise his rights under the detainer. This may very well be supported by Defendant's Exhibit A for Identification, a letter written by Mr. Dambruch to Mr. Werner's then attorney Mr. Corley. Notwithstanding that oral representation, Defendant's Exhibit B demonstrates that on May 20, 1993, Mr. Corley, on behalf of Mr. Werner, wrote to MCI Concord, and indicated to them that Mr. Werner wished to exercise his rights under the Interstate Agreement on Detainers.
"Defendant's Exhibit C for Identification is a letter written by the defendant to the Superintendent at MCI Concord, which also indicates that he was anxious to resolve all pending matters in the State of Rhode Island.
"What happens next is of significance to this proceeding, because on June 11, 1993, Mr. Werner does, in fact, receive Form 1, which is the notice of untried indictment. He also executes Form 2, which is the request for disposition of criminal charges. Attached to Form 2 is Form 3, which is the Certificate of Inmate Status, and attached to Form 3 is Form 4, which is the offer to deliver temporary custody to the State of Rhode Island by the Commonwealth of Massachusetts. According to Mr. Dambruch, these documents were received by the Attorney General on June 23, 1993. The defendant has presented no evidence to refute that date. Thus, the Court finds that the defendant's temporary custody in Rhode Island, pursuant to Article 3, and not Article 4, of the Interstate Agreement, and that the trial in this matter is thus governed by the 180 days set forth in Article 3.
"When does the 180 day period begin to run? The law in this case is quite clear that the 180 day requirement begins to run when the Attorney General receives both the prisoner's request for disposition and the Certificate of Inmate Status. In this case, that date is June 23, 1993.
"Counsel for the defendant also presented another argument, that on April 5, 1993, Mr. Justice Wiley granted a petition for Writ of Habeas Corpus in a separate case. That case is indictment K1-92-875, which is also the subject of this Motion to Dismiss. Counsel for the defendant argues that the petition for Writ of Habeas Corpus, and the order signed by Judge Wiley, as well as the arguments made by Mr. Werner's attorney in support of the petition, served to establish the receipt of both the request for the disposition, and the Certificate of Inmate Status. In other words, counsel's position is that the proceedings before Mr. Justice Wiley substituted the documents required to trigger the 180 days. This is simply not the case. The Court finds that the proceeding held by Mr. Justice Wiley cannot substitute for the specific documents required by the Interstate Agreement on Detainers. The Court further notes that on that day, the detainer had not even been lodged in the Commonwealth of Massachusetts."
The justice went on to comment further:
"Thus, with respect to indictment K1-90-0804, today is the 166th day. Thus, th
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Rhode Island DUI Attorneys
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