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State v. Werner6/5/2003
eral that when defendant Werner was presented with the Rhode Island detainer and advised of his rights under the IADA, he refused to sign the required forms and told the Massachusetts authorities that he would not voluntarily return to Rhode Island to face the charges that were then pending against him. At this time, counsel for the state wrote to Attorney Corley (who was then still representing Werner) and advised him that Werner's refusal voluntarily to return would delay the process of bringing him to Rhode Island to face the pending charges. In response to this letter, Mr. Corley wrote to the Massachusetts officials at MCI Concord informing them that Mr. Werner would voluntarily return and asked that Werner be given the requisite forms to execute to implement the process. On June 23, 1993, defendant Werner filed his request with the Massachusetts authorities to be transferred to Rhode Island pursuant to the terms of the IADA. It was for this reason that the justice on December 6, 1993, determined that this was the date upon which the 180-day period for bringing Werner to trial had commenced.
We have considered the record of the proceedings leading up to the decision of the motion justice on December 6, 1993. We have examined the IADA in its entirety, as well as the case law that has interpreted its purpose and provisions. We conclude that the findings of fact made by the motion justice were amply supported by the evidence presented. We further hold that her conclusions of law were correct in the light of the findings of fact and the tactics Mr. Werner used in dismissing his attorney and in frustrating his return to the State of Rhode Island until June 23, 1993. We agree that the writ of habeas corpus issued by another justice of the Superior Court on April 5, 1993, did not constitute an effective detainer (nor did it purport to do so) and did not trigger any obligation either by Massachusetts or Rhode Island to return Mr. Werner to this jurisdiction.
Consequently, we are of the opinion that the motion justice was correct in denying the motion to dismiss the various proceedings then pending, including the information that now is before us on the ground that there had been a violation of the provisions of the IADA.
After a trial before the justice who had denied his motion to dismiss, defendant Werner discharged Attorney Vincent Indeglia. Subsequently, Werner was presented to another justice of the Superior Court for the trial of the information containing charges in the case at bar and sought to dismiss those charges for lack of a speedy trial pursuant to the holding in Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 33 L.Ed.2d 101 (1972). That justice denied his motion to dismiss. He adopted the findings of the previous motion justice in respect to the alleged violation of the IADA and further held that the delay could not be attributed to the state. He noted that Werner's discharge of attorneys contributed to the delay. He also referred to the fact that Werner had absconded on an outstanding Rhode Island warrant when he had been released on bail in Massachusetts. He also found that Werner for a time had refused to cooperate in the attempt by Rhode Island authorities to have him transferred to Rhode Island pursuant to the IADA. We agree with the findings of fact and conclusions of law enunciated by the justice who presided over the trial of the charges set forth in this information as well as the findings of fact and conclusions of law enunciated by the first motion justice on December 6, 1993. Both justices were correct in refusing to dismiss the charges for violation of the IADA and for the alleged violation of his right to a speedy trial.
II. The Motion to Suppress
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