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Carpio back in court; bail hearing postponed

02:46 PM EDT on Monday, May 2, 2005

By JACK PERRY
projo.com staff writer

PROVIDENCE - - Under heavy security, the man charged with killing a Providence police detective last month was brought into court this morning, the first time he's been seen publicly since family members disrupted court two weeks ago, complaining about injuries to his face.

Journal photo / Mary Murphy

Esteban Carpio is escorted from the courtroom in District Court, Providence, after his appearance before Judge Elaine Bucci this morning.

Again wearing a plastic spit shield over the bottom part of his face, Esteban Carpio, 26, was chained at the hands and ankles when he was brought into District Court, Providence. The swelling and discoloration evident around his eyes two weeks ago appears to have healed.

Carpio, being held without bail at the Adult Correctional Institutions, was scheduled to be in court today for a bail hearing on the murder charge, but Judge Elaine Bucci postponed the hearing.

He was also scheduled for arraignment on assault charges stemming from an incident last week at the ACI. The state police say that Carpio on April 26 attacked correctional officers at the ACI when they entered his cell to stop him from ingesting a blanket.

Carpio faces charges of felony assault, assault on a correctional officer and assault with bodily fluid. He did not enter a plea on the assault charges today in District Court because the charges are felonies, which are typically transferred to Superior Court for trial.

Unlike Carpio's initial court appearance on a charge that he murdered Providence Detective James Allen on April 17, today's brief court session had no disruptions, although several of Carpio's family members, including his mother, Yvonne Carpio, and his girlfriend, Samein Phin, were in the courtroom.

After shouting in protest about Carpio's injuries during his arraignment on April 18, Carpio's mother and other family members were escorted from the courtroom.

The Providence police said that Carpio was being questioned at headquarters about a stabbing when he suddenly attacked Allen, grabbed his gun, then shot and killed him before blasting out a third-story window and jumping through it to escape.

Carpio was caught less than an hour later on a downtown street, after a violent struggle with Providence police, state troopers, and an FBI agent working with the police.

Before Carpio was brought into the courtroom today, Judge Bucci told the audience that she expected everyone to remain quiet and said she planned to hold in contempt anyone who disrupted the session.

"I know it's emotional for many people on both sides," Judge Bucci said. "This is a courtroom, and I expect you to act appropriately."

The audience in Judge Bucci's courtroom this morning was checked twice for weapons. After passing through the metal detectors at the courthouse's main entrance, people entering the courtroom were checked again by court officers with hand-held metal detectors.

Carpio's arrival at court was delayed by about an hour after corrections officers sprayed him with pepper spray because he wouldn't cooperate with them at the ACI, according to Joy Fox, a department spokeswoman.

Carpio was sprayed through his cell door after he refused to step away from the door so guards could enter the cell, according to Fox. Carpio was handcuffed at the time, but officers also wanted to photograph him and shackle his ankles, Fox said.

Carpio was then taken to a decontamination unit, where his face was washed and clothes changed before he was handed over to the sheriff's department for transportation to court.

Two deputy sheriffs handled courtroom security for most of the morning, but about 10 deputy sheriffs and Executive High Sheriff Gary P. Dias were in the courtroom for Carpio's case. Several Providence police officers lined the back wall.

Carpio was again wearing a spit shield like the one that raised a lot of questions after his arraignment for Allen's slaying. The rarely used shields are designed to protect guards, sheriffs and others from defendants spitting on them.

Dias said he decided that Carpio should wear the spit shield into court. He said corrections officials, in preparing Carpio for his court appearance, had put a "spit hood" over Carpio's head.

Dias said he concluded that the shield, covering just the lower part of Carpio's face, was more appropriate than the thin, cloth hood, which covered his head.

Carpio asked Judge Bucci, "Can I take this mask off my face?"

"I can't let you do it," Judge Bucci replied.

His voice muffled by the plastic shield, Carpio answered Judge Bucci's questions about his address and date of birth.

Judge Bucci postponed today's bail hearing because Carpio has retained a new law firm to represent him. The new firm is from Massachusetts, and Rhode Island state law requires that Rhode Island attorneys assist out-of-state practioners. Kirsten M. Wenge, from the Law Office of Robert L. Sheketoff in Boston, told Judge Bucci that she hadn't been able to find a Rhode Island attorney to work with her today.

Judge Bucci scheduled the case for a status conference on the bail hearing for May 16.

She scheduled an arraignment date on the assault charges for July 11.

-- With reports from Journal staff writers Michael Corkery and Amanda Milkovits.

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