Doh!

July 22, 2019

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Doh!

Fourteen months ago, on May 23, 2018, Colonel Ann C. Assumpico, Superintendent of the Rhode Island State Police and Director of the Department of Public Safety, announced that 150 police served search warrants on 29 locations in Woonsocket, Burrillville, Chepachet, North Smithfield, North Providence and Warwick, Rhode Island and in Blackstone, Bellingham, Milford and Charlton, Massachusetts.

Fifty-two people were taken into custody and “53 illegal guns and a large quantity of marijuana, crack, cocaine and heroin” was seized. The police called the raids “Operation Patched Out.”

“The raids involved the use of explosive devices to breach heavily fortified buildings; an armored truck and battering ram to break down doors; and dozens of heavily armed SWAT team members and other officers. Fortunately…it was conducted without incident,” Assumpico said.

In her press release, Assumpico bragged that federal and state police had made the case with the extensive use of wiretaps. “Using electronic surveillance and court-ordered wiretaps, members of the State Police Special Investigations Unit intercepted thousands of phone conversations and text messages, while collecting other evidence detailed in a 1,300-page affidavit used to secure the warrants….”

Yesterday, a sometimes controversial Superior Court judge named day a Netti Vogel (above) ruled that most of the wiretaps were illegal because of a fine point in Rhode Island law.

Rhode Island Law

The wiretaps used to make the case were state wiretaps. Both the FBI and the ATF were involved in the investigation nut they used state wiretaps. And, according to Rhode Island law, only the presiding justice of the Superior Court, in this case Justice Alice Gibney, could authorize wiretaps. Gibney did authorize a first round of phone spying. But she was on a leave of absence when investigators wanted to broaden and extend the electronic surveillance.

The second round of wiretaps would have been legal if the most-senior Superior Court judge in Rhode Island, a judge named Robert Krause had signed the new warrants. But Krause did not because he presides over Rhode Island’s “gun court.” Krause feared that some of the charges in the biker case would involve guns but he could not preside over those cases if he signed the warrant: Doing so would have been a conflict of interest. So he deferred to the next most senior judge in Rhode Island, Judge Melanie Thunberg. The warrant she signed was for the surveillance of every cell phone in the case.

Judge Vogel ruled that Thunberg violated the letter of the law so all the cell phone evidence is now excluded from the case. Additionally evidence collected from those cell phones to obtain search warrants and evidence collected from those searches is now “fruit of the poisoned tree” and cannot be used against defendants in the case.

Tuna

An immediate beneficiary of Vogel’s ruling was Deric “Tuna” McGuire, who Assumpico identified last year as” the kingpin of Rhode Island’s Pagan motorcycle gang.” Based on evidence collected from wiretaps of seven cell phones, McGuire faced 211 counts. The illegal wiretaps reportedly contained conversations between McGuire and Pagans Motorcycle Club president Keith “Conan” Richter.

McGuire had been president of the Thug Riders Motorcycle Club when Richter convinced him to patch over his club to the Pagans. According to published reports, Richter told McGuire “It’s a new age out there brother. It’s the Pagan’s age, now.”

McGuire has been held without bail for the last 14 months. He was released to home confinement yesterday afternoon.

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13 Responses to “Doh!”

  1. david Says:

    When the so-called “law en-force-rs” ain’t following the “law”, by keeping busy being law-breakers, everyone else other than the ones doing the forcing, are fucked.

  2. Rebel Says:

    Dear Trebor,

    Finishing the book. Thank you,

    Rebel

  3. Trebor Says:

    Been several weeks since anything new.Dont know whats going on.If youve stopped completely just want to say thanks for everything you’ve done.Without you they would have completely seized the narrative.

  4. Austin Says:

    “Sane, upstanding pedestrians didn’t murder one another as they ran errands around town. Sane, upstanding drivers did, or might at any moment, and thus required a new style of policing. “How could a democratic society founded on self-governance depend on police governance and still be free?” Sarah A. Seo, a law professor at the University of Iowa, writes in her remarkable new book, “Policing the Open Road: How Cars Transformed American Freedom.” “How could the laws be fashioned to allow the investigation of potential criminal suspects without harassing law-abiding citizens when everybody drove?”

    Fascinating article in New Yorker titled “was the Automotive Era a terrible mistake?”

  5. Phuquehed Says:

    Translation of the ‘tard warmik’s post:

    “Baaaa, baabaa, baaaa baaaa…”

    Keep bleeting, little sheepletard.

  6. Concerned Citizen Says:

    Wow… that’s a big fumble for the alphabet boys. Congrats to the 16s

  7. jrino Says:

    Warmick: When did you buy drugs from these “GANSTERS”? Or more important when did you become judge and jury? The fact that YOU are innocent until proven guilty means nothing to a safety-crat like you. Every law the feds broke to entrap these people was passed by the public! Get you head out of your ass and realize that justice should work for everyone. I would rather free 10 guilty men than send an innocent one to jail!

  8. Rebel Says:

    Dear warmick,

    I know I am. I see the justice system at work everyday. I haven’t the words to describe the outrage it provokes in me but this, from ten years ago, is a beginning http://www.agingrebel.com/2530

    Rebel

  9. warmick Says:

    “Lovely result” jrino?
    We all condemn police abuse and brutality buy YOU are rooting for drug dealing gangsters to get away on a technicality?

  10. jrino Says:

    Lovely result. I hope the Pagans get new doors courtesy of the state police and FBI! Oh and the guns were seized by illegal means too? This is looking like a law suit against law enforcement!

  11. Paladin Says:

    When you know the laws better than the other guys, you can do what you want without breaking them.

    Paladin

  12. Not Surprised Says:

    Damn. Pretty big fuck up on their part.

  13. 78Airhead Says:

    Christ!

    Did they remember to have a f-load of media there to show how heroic they were? Show ponies once again saved the world from normal people that avoid show ponies.

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