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Jury asks for, doesn’t get, clarification on two charges

01:00 AM EDT on Saturday, October 4, 2008

By Mike Stanton

Journal Staff Writer

PROVIDENCE –– There are 37 counts in the federal corruption indictment against former Roger Williams Medical Center executives Robert A. Urciuoli and Frances P. Driscoll.

Yesterday, as the jurors ended their fourth day of deliberations without reaching a verdict, they appeared to be preoccupied with one –– the lone count against Driscoll.

Urciuoli, the former president of Roger Williams, faces one count of conspiracy and 35 counts of mail fraud for allegedly hiring a state senator, John A. Celona, and stealing his honest services by using him as a political errand boy.

Driscoll, a former hospital vice president, is charged with a single count of aiding and abetting the crime, by supervising Celona in his political maneuvering on Roger Williams’ behalf.

Shortly after 2 p.m. yesterday, the jury sent a note to the judge asking their first questions –– could the judge “further clarify” Count 2, the aiding and abetting charge, and could she also clarify the meaning of the words “willfully” and “voluntarily.”

In order to convict Driscoll, the jury would have to find, beyond a reasonable doubt, that she had acted willfully and voluntarily.

“That’s a very broad question,” Chief U.S. District Judge Mary M. Lisi told the jurors. “I’m not sure what you’re asking, so I’m uncomfortable responding.”

As for the second question, Lisi referred the jury to her written instructions on the law regarding aiding and abetting, which she gave them on Tuesday before deliberations began.

Testimony and evidence presented during the trial showed that Urciuoli hired Celona despite the concerns of Driscoll and others at the hospital. The prosecution also introduced faxes and e-mails from Celona to Driscoll in which the senator reported on his efforts to kill or promote legislation, and also responded to her requests to track legislation or obtain information.

The defense countered that there was nothing illegal in Driscoll’s requests of Celona, which were allowed under Rhode Island ethics law, and also that Celona exaggerated in his communications to Driscoll. For example, Celona wrote Driscoll that he was pressuring Joanne Giannini, a Providence state representative whose district included the hospital, on certain bills –– but Giannini testified that that wasn’t true.

Celona was paid $260,000 as a consultant from 1998 through early 2004.

News of the jury’s question yesterday, and what it might portend, brought the defendants, their lawyers, family members and friends hurrying to the courthouse, along with a larger-than-usual contingent of reporters than had been covering the trial.

Around 3 p.m., the marshal cleared the hall outside the jury room, fueling anticipation of a verdict. But it was only to allow a caterer to bring in fruit and cookies for an afternoon snack.

Shortly after the jury’s first questions were put to the judge, word spread that there was another request. But it was never made public.

The judge alluded to that second request when she sent the jury home for the day shortly before 4:30 p.m. Based on “your last request,” said Lisi, the judge reminded them to base their decision solely on the evidence and her instructions on the law. She warned them not to consult any outside source or “do any investigating on your own.”

“The best thing you can do for yourself is to get some rest,” said Lisi, noting that it’s supposed to be “a beautiful weekend.”

And in an allusion to the Boston Red Sox playoff game against the Angels in Anaheim, Calif., last night that brought smiles to some jurors’ faces, Lisi added: “I understand that there is a baseball game on tonight. You have my permission to stay up late and watch it.”

mstanton@projo.com

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