Rhode Island news
Another ex-inmate tells court of abuse at ACI
01:00 AM EDT on Friday, July 18, 2008
PROVIDENCE — Jan. 30, 2006, was an unforgettable day for Anthony Romano.
Romano, who was serving a sentence at the Adult Correctional Institutions for a drug conviction, testified yesterday in Superior Court that two corrections officers physically and mentally abused him during a series of interrogations in the prison’s minimum-security unit.
Romano said that he was struck with a phone book and had a clipboard broken over his head. One of the guards called his mother a “whore” and told him that they had the power to keep him in prison for the rest of his life.
Toward the end of that day, Romano was brought to the office of one of the two guards, Capt. Gualter Botas, one last time. There, Botas and Lt. Kenneth Viveiros, the two officers who had questioned him throughout the day, were waiting. They were smiling and friendly, a complete reversal from their hostile demeanor in the earlier meetings.
“I’m sorry about everything that happened,” said Botas, according to Romano. “Forget about all that.”
Romano testified that Botas reached into his desk drawer and pulled out a stack of photographs and handed them to him.
Romano testified that Botas told him, “I know you haven’t seen any [women] in a few months.”
The photographs were of naked women in various poses.
“I was kind of like overwhelmed,” Romano said. “They were having a blast with them.”
The state police seized the eight photographs from Botas’ desk and they were entered as exhibits yesterday in the inmate abuse trial of Botas, 39, of Pawtucket, and Viveiros, 56, of North Providence. The two former corrections officers are charged with multiple counts of simple assault for allegedly assaulting inmates in minimum security in 2005 and 2006.
A District Court judge found them guilty last year of assaulting an inmate. They appealed the conviction and now they are on trial before a jury in Superior Court.
Yesterday, Romano, 25, became the third former inmate to testify against the two corrections officers. In recent days, Robert Houghton, 47, and Matthew Gumkowski, 27, both testified that Botas and/or Viveiros struck them while they were questioned about possible infractions they had committed in the prison.
In the coming months, Botas also will be tried in a separate case in which he is accused of forcing an inmate to taste his own feces.
Romano spent the afternoon recalling what happened to him in the final days of January 2006.
He said that he was assigned to a work crew that performed maintenance chores at the State House from 11 p.m. to 6 a.m. On Jan. 27, the crew returned to minimum security and underwent an extensive strip search. Romano testified that a corrections officer found a piece of scrap paper in his shirt pocket with a phone number.
Three days later, on Jan. 30, Romano was brought to “the bubble,” a holding cell near the offices of ranking officers. He said that he was escorted to Botas’ office and told to sit in a chair across from the captain’s desk. There, Botas and Viveiros peppered him with questions about the phone number.
Within five minutes, Romano said, he was whacked in the head with a phone book. A few minutes later, he said, Vivieros broke a clipboard over his head. “They made a joke about it,” Romano recalled. “Oh, we’re going to have to replace it.”
Afterward, Romano said that he was returned to “the bubble” for a few hours. Then, he was brought back to Botas’ office for a second round of questioning. This time, Romano said, they “were frustrated. Really mad.”
Romano said that Botas backhanded him in the head, grabbed his shirt and pushed him into a metal cabinet. “Never in my life had anyone put their hands of me,” he said. “I felt violated.”
He said that Botas made derogatory comments about his mother and family. Romano also said that Botas told him that he could get him transferred to maximum security and keep him “locked up forever.”
Again, he was returned to “the bubble” for a few hours. Then, he was taken to Viveiros’ office for further questioning. They yelled and threatened him for about 20 minutes, he said. Again, he was returned to the holding area for a few hours.
The day ended with the final meeting in Botas’ office, where the photographs of the naked women were allegedly shown to Romano.
Earlier in the day, Judge Daniel A. Procaccini ruled against a defense motion to bar the photographs from the trial. John Lynch Jr., Botas’ lawyer, said that the prosecution violated court rules by introducing the images on Wednesday. (Prosecutors are required to turn over all evidence to the defense before the trial begins.)
Molly K. Cote, a special assistant attorney general, said that the no one intentionally withheld the photographs and said she did not know that the state police had them until Wednesday afternoon. She said that she immediately notified the defense lawyers for Botas and Viveiros.
After hearing arguments from both sides, Procaccini allowed the photographs to be introduced.
The trial, which is expected to last three to four weeks, is scheduled to resume today at 9:30 a.m.
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