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Irons’ case won’t go to jury

01:00 AM EST on Wednesday, November 21, 2007

By Brandie Jefferson

Projo.com staff writer

PROVIDENCE — The state Ethics Commission has denied former Senate President William Irons’ requests that the commission dismiss its case against him and that he be allowed to take his case to a jury.

Irons may appeal the decision. But if the ethics panel has its way, his case is due to go before its members at a trial-like hearing.

In April, the Ethics Commission turned down a proposal from its staff to settle the case against Irons.

Irons is accused of breaking state ethics laws by voting on pharmacy legislation when he had a conflict of interest. The charge is related to his involvement in the Senate Corporations Committee’s consideration of pharmacy “freedom of choice” legislation in 1999 and 2000.

Irons chaired the Corporations Committee at the time, and as an insurance salesman, he had business dealings with CVS and Blue Cross & Blue Shield of Rhode Island. He resigned from the Senate in 2004.

Irons’ lawyer, John A. Tarantino, said he was not surprised by the decision because of the similarities between Irons’ case and that of Senate President Joseph Montalbano, who made the same requests, which were denied.

The issues had been so fully argued that both sides agreed yesterday that rulings on Irons’ requests could be made without any testimony.

Tarantino said he plans to appeal the commission’s decision to Superior Court.

Tarantino, like Montalbano’s lawyer, Max Wistow, sought a dismissal on the grounds that it violated the state Constitution’s “Speech in Debate” clause, which states that “For any speech in debate in either house, no member shall be questioned in any other place.”

After the commission’s decision, Tarantino said that he did not interpret the clause to mean legislators were immune from prosecution, but that the “sole basis” of a charge could not be if or how a legislator voted. Although Wistow made a similar argument, Montalbano’s case was settled without the commission making a determination on that issue.

Montalbano agreed in September to pay $12,000 to settle ethics charges stemming from his failure to disclose legal work for the Town of West Warwick on property related to the proposed Harrah’s-Narragansett Indian Tribe casino in the town. Montalbano had voted in committee and on the Senate floor in favor of the casino.

Tarantino hesitated to say whether he foresaw a settlement in Irons’ case.

“I learned a long time ago to never say never,” he said, “but I think it’s highly unlikely.”

bjeffers@projo.com

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