The union representing the state’s deputy sheriffs responded Friday that persistent staff shortages, a failure to follow established security practices and the setup of Rhode Island’s antiquated courthouses were to blame for a recent mistrial and other alleged courtroom delays.

Armand Musumeci, president of Local 2409, issued a statement in response to court officials’ complaints that sheriffs routinely deliver prisoners late, wasting time and money, and that several sheriffs’ actions had helped lead to a mistrial in a rape case in April.

The members of Local 2409 are experienced professionals who “go above and beyond to make sure that defendants are transferred to courtrooms in a timely and safe manner,” Musumeci said. The 196 deputy sheriffs are primarily responsible for bringing prisoners to the state’s courthouses and maintaining order and safety in courtrooms.

Musumeci said he did not believe that deputy sheriffs continually bring prisoners to court up to two hours late, as was reported by Superior Court Presiding Justice Joseph F. Rodgers Jr. There are occasional delays, he said, when a judge asks to have a prisoner brought up specially.

He pointed to a state police assessment of the department that recommended 213 deputies. Only 169 deputy positions are now authorized to provide security for 83 judges and magistrates, Musumeci said. “Due to forced retirements and staff reductions, we operate with at least 44 fewer positions than the state police recommended on a daily basis.”

The union’s statement came in response to a Journal story Tuesday in which Judge Netti C. Vogel complained that deputy sheriffs sabotaged a trial in Providence County Superior Court by disregarding her directive that the defendant remain in the courtroom during a break. Instead, a sheriff took the prisoner to the bathroom at the direction of his supervisor, Musumeci said.

Vogel declared a mistrial after she learned a juror had seen the defendant shackled, violating his due process rights.

Standard operating procedures call for sheriffs to confine the jury to a separate room during breaks until it’s clear a defendant has been taken to the cellblock — as a safety measure and to ensure the prisoner’s constitutional rights are protected, Musumeci said. "With two conflicting instructions issued, the sheriff complied with standard operating procedure.”

The union would not comment on Vogel’s complaint that Deputy Robert Jalette had made a derogatory statement to the jury because it is a personnel issue.

Judge Rodgers was not in the office Friday afternoon and could not be reached. Vogel declined comment, but forwarded an e-mail sent to her by Executive High Sheriff Gary P. Dias. In it, he said, “it’s apparent we were at fault” and that he was troubled by the comments attributed to Jalette.

He was somewhat surprised, he said, that the courts hadn’t experienced more problems like the mistrial because the Providence County courthouse design requires deputy sheriffs to lead prisoners through crowded hallways. He requested a meeting with Vogel to address the issues.

Dias last week referred all comments to Amy Kempe, spokesman for Carcieri. Kempe, who did not return two phone calls and an e-mail Friday, said last week that she was speaking on behalf of the Department of Administration, which oversees Dias’ department. She said the state would hire three more deputy sheriffs.

kmulvane@projo.com