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Judge: Carpio will use insanity defense in officer's slaying

No jurors selected by the end of the first day of the process

05:20 PM EDT on Tuesday, June 6, 2006

By GREG SMITH
Journal staff writer

PROVIDENCE -- The suspect in the murder of a Providence police detective last year will rely on an insanity defense, the judge in his case confirmed this morning as jury selection got under way.

Esteban Carpio, 27, had previously told the court that he might go that route.

Carpio is accused of fatally shooting Det. Sgt. James Allen at police headquarters in April 2005, then jumping out a third-floor window in a bid to escape before he was captured a short distance away. The case drew national attention after photos of Carpio, showing bruising and swelling, spurred allegations of police brutality. The FBI later found no use of excessive force.

Today, Superior Court Judge Robert D. Krause said that Carpio's case will be handled in two phases: first, a criminal trial and then a phase that would hear his insanity plea. The defense in that phase would have to show a preponderance of evidence that Carpio could not appreciate the "wrongfulness" of his crime at the time, the judge explained.

Eighty prospective jurors were brought into court today as active selection began. Only one -- a former Cumberland police officer -- had been dismissed by the time of a lunch break.

By the end of the afternoon, no jurors had been selected. The process will resume tomorrow afternoon at 1:30 p.m.

It may continue through much of the week. Neither attorney exercised a challenge today; each side is allowed to dismiss eight jurors without cause.

Carpio arrived handcuffed and under heavy guard. Instead of prison garb, he was wearing ivory-colored pants, a white shirt with blue pinstripes and white sneakers. His hair is longer than seen previously and curly.

In some previous appearances, he has been more severely restrained, including the wearing of a face mask known as a spit shield. He has been held at the Adult Correctional Institutions in Cranston.

Allen's widow was walked down the hall and into the courtroom a short time after Carpio passed by. The press and other spectators on the floor were kept well away as she and Carpio entered.

Krause also said he will not allow news cameras in the courtroom for jury selection.

Carpio's case had been transferred to Krause from Superior Court Judge William A. Dimitri as his health failed. Dimitri died Saturday.

-- With reports from Journal photographer Kathy Borchers

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