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Suspect in kidnapping, rape to remain at ACI

01:00 AM EDT on Tuesday, July 1, 2008

By W. Zachary Malinowski

Journal Staff Writer

PROVIDENCE — Marco Riz, a Guatemalan immigrant accused of kidnapping and raping a woman at knifepoint in Roger Williams Park, waived his right to a bail hearing yesterday in District Court.

In a brief hearing yesterday afternoon, Riz, 26, of Providence, passed on an opportunity to challenge the charges brought against him three weeks ago by the Providence and Warwick police. He will continue to be held without bail at the Adult Correctional Institutions pending the presentation of his case to a statewide grand jury.

Sarah Wright, a state public defender, said that the attorney general’s office will have 120 days to get an indictment against Riz on a variety of charges including kidnapping and sexual assault. If an indictment is not returned in that time, Riz could be released on bail, she said.

Wright said that the case should be presented to the grand jury in September or October.

Chief District Judge Albert E. DeRobbio Sr. set a review date of Oct. 30. If a grand jury fails to issue an indictment by then, he said that he will consider setting bail for the defendant who entered the country illegally and stayed after he was ordered deported five years ago.

Riz was escorted into court in handcuffs and shackles on his ankles. He wore a white T-shirt, baggy jeans with rolled cuffs and black sneakers. He showed no emotion as a court-appointed interpreter relayed DeRobbio’s questions.

The hearing was delayed several hours yesterday morning after the prison bus broke down en route to the downtown courthouse.

Riz is charged with kidnapping a 30-year-old woman on June 8 outside a Warwick supermarket and raping her in Roger Williams Park on the Providence-Cranston border. A few days later, a task force of Providence and Warwick police, immigration officers, state police and federal marshals captured Riz on Linwood Avenue in the West End of Providence.

The case has become a lightning rod for state residents opposed to illegal immigrants living in Rhode Island. Governor Carcieri entered the fray last week and blamed the Providence police for releasing him twice last year after he was arrested on drunken-driving and domestic-assault charges.

At the time, there was a federal deportation order in effect that called for Riz to be sent back to Guatemala.

The Providence police acknowledged that they were partly to blame for the error, but Police Chief Dean Esserman and other top police officials said that federal Immigration and Customs Enforcement also should share some of the responsibility.

They pointed out that ICE did not hold Riz and have him removed from the country after the deportation went into effect in 2003. Also, they said, local ICE officials received copies of the daily arraignment list that included Riz’s name when he was arrested twice last year.

bmalinow@projo.com