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Carpio's bail hearing set for next month

A competency review for the suspect in the fatal shooting of a Providence detective was delayed

05:08 PM EDT on Friday, August 12, 2005

By JACK PERRY
projo.com staff writer

PROVIDENCE -- An attorney for the man accused of killing a Providence police detective says he looks forward to a bail hearing next month to learn more about the government's case and to try to get his client released on bail.

After some delay, Robert L. Sheketoff, a prominent Boston lawyer, was formally recognized by the court this afternoon as representing Esteban Carpio, charged with shooting to death Det. Sgt. James Allen in April at the city's police headquarters.

Carpio, 27, has been held without bail at the Adult Correctional Institutions in Cranston since his arrest. In a brief court session this afternoon, Superior Court Judge William Dimitri scheduled a bail hearing for Sept. 15.

Journal photo / Frieda Squires

Esteban Carpio appears for the latest in a series of court hearings held by videoconference, looking noticeably more healthy than in previous court appearances reaching back to April.

After the session, Sheketoff was asked whether he believes Carpio has a chance of being released on bail.

Sheketoff answered that Carpio is entitled to the hearing under Rhode Island law, that the hearing will provide an opportunity to learn more about the prosecution's case, and "hopefully, he'll be released on some sort of bail."

Carpio is represented by Sheketoff and Kirsten Wenge. Because they are based in Boston, they had to meet certain Rhode Island requirements in order to represent Carpio. Wenge has since passed the Rhode Island bar exam, been admitted to the bar and established an office in Providence.

Carpio was not in the courtroom for today's session but communicated with Dimitri via videoconference, which has been the practice for most of his court hearings.

Standing in an orange jumpsuit and flanked by guards, the bearded Carpio spoke only briefly and asked to speak to his attorneys. His two defense attorneys, Sheketoff and Wenge, left the courtroom for about five minutes to talk to Carpio privately by telephone.

Carpio looked better today than he has in previous court appearances, which ranged from him showing up bruised and bloody, with a protective "spit shield" covering his face to sitting in a wheelchair.

"He has been taking better care of himself and his health," Wenge said after today's session. "Obviously we're pleased with that."

At Carpio's arraignment last month, Judge Susan McGuirl approved a request by the state Department of Corrections to insert a feeding tube in Carpio, if necessary.

Patricia A. Coyne-Fague, chief legal counsel for the Department of Corrections, told McGuirl that Carpio had been "very inconsistent" about eating the month before that and, as a result, "has suffered certain medical consequences." She did not elaborate.

For that session, also conducted via videoconference, Carpio looked gaunt and sat in a wheelchair. Earlier court appearances drew concerns about his handling by law-enforcement officers since his capture on the street after he jumped out a third-story window at the police complex.

Carpio appeared again, this time standing, on July 28, at which time McGuirl ordered a competency evaluation and a review scheduled for today. That review was not held, however, because psychiatrists have not completed a report for the court.

Dimitri said he hoped to get the report within about a week and would then notify the attorneys.

The report would help the court decide whether Carpio is capable of assisting in his defense, according to a court spokeswoman.

The Carpio case has been going on since April 16, when Providence police brought Carpio to headquarters to question him about the stabbing of an elderly Providence woman. Plice say Carpio, left alone in a room with Allen, got hold of Allen's gun and fatally shot the detective.

The police say that after shooting Allen, Carpio crashed through a third-story window. He was captured a few minutes later on a downtown street after a violent struggle with police officers. He has been in custody ever since.

Carpio was arraigned in Superior Court July 20 for murder and discharging a firearm while committing a crime of violence, death resulting. He was also arraigned for felony assault and assault of a person over 60 in the case of Madeline Gatta, the elderly Providence woman who was stabbed between the shoulder blades.

Carpio was also arraigned last month on three charges of assaulting correctional officers April 26 at the ACI: felony assault, assault of a correctional officer with bodily fluid and assault of a correctional officer.

The police say Carpio attacked two correctional officers in his cell after they tried to stop him from eating a blanket. After he was subdued with pepper spray, Carpio spit at another officer, according to the police.

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