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State v. Werner6/5/2003
e Court with respect to this case, need not address the delay caused by this defendant. However, the Court does note that trial in this matter did commence in September. The trial commenced, it did not conclude, and the Court found that the reason the trial did not conclude was because Mr. Werner dismissed his attorney.
"With regard to the other two cases, which is K1-92-0875 and K2-88-0490 [the information upon which this appeal is pending], the Court also denies the defendant's motions to dismiss. The Court did set a date certain for those trials, both of which would have been held within the 180 day period. The Court, however, in open court, with either the defendant or Mr. Corley present, found that good cause necessitated a continuance of those matters. The record is clear in both of those matters, as well as this matter, that a period of weeks did elapse, at which point Mr. Werner did not have an attorney. This Court made great efforts in obtaining counsel for Mr. Werner, and that at least during that period, caused what's sufficient to warrant the continuance of both of those cases. The Court will note that those continuances were both necessary and reasonable."
Before the appearance on December 6, 1993, Werner had been presented to the same justice in Kent County on September 29, 1993, to begin pretrial hearings on that case. At that time defendant demanded that the justice recuse herself. When this request was denied, he sought a stay of further proceedings so that he could seek a review of her refusal to recuse from this case. At that time he was represented by Mr. Corley, whom Werner sought to discharge because he was dissatisfied with the attorney's representation. After a considerable colloquy, the justice declined to authorize Mr. Corley to withdraw. At this point, Werner emphatically refused to have Attorney Corley represent him. He became disruptive and threatened to absent himself from the proceedings. On September 30, 1993, Attorney Corley moved to withdraw on the ground that it was impossible for him to continue to represent defendant. The justice granted the motion to withdraw and said that she would appoint new counsel for defendant but that appointment of new counsel would constitute good cause to grant a necessary and reasonable continuance of the trial that would take it outside the 180-day period during which a trial must commence under Article III of the IADA. At this point, defendant made an obscene statement to the motion justice who ordered him to be removed from the courtroom. She confirmed her ruling and finding that the appointment of new counsel "is a necessary and reasonable circumstance to grant a continuance beyond the 180 day rule." She also assured Mr. Corley that he still was representing defendant and that she would appoint new counsel as soon as possible.
When defendant Werner came before the motion justice on December 6, 1993, he was represented by new counsel, Attorney Vincent Indeglia. It was Mr. Indeglia who presented the motion to dismiss the indictment pending before the motion justice, as well as the criminal information in the case at bar, based on Article IV of the IADA.
At this hearing, it was disclosed that a letter was written to prison officials in the Commonwealth of Massachusetts on April 8, 1993, purporting to lodge a detainer in respect to Werner. The letter was received by Massachusetts prison officials on April 12, 1993. This triggered a thirty-day period for Massachusetts authorities to respond to the transfer. It was further disclosed that during the thirty-day period, on May 5, 1993, penal authorities at the Massachusetts Correction Institute at Concord informed representatives of the Rhode Island Attorney Gen
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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