East Providence

Jury selection begins in trial of police officer

01:00 AM EST on Wednesday, January 31, 2007

By Alisha A. Pina

Journal Staff Writer

EAST PROVIDENCE — Jury selection began yesterday in the Superior Court trial of an East Providence police officer who allegedly kicked a handcuffed suspect in the face nearly two years ago.

A grand jury indicted Jason Francis, 29, of 884 Putnam Pike, Glocester, in May 2005 on one count of felony assault with a dangerous weapon, a shod foot, with serious bodily injury resulting, and two misdemeanors.

Edward Viera, the man Francis is accused of assaulting, filed a $100,000 claim against the city a month after the Feb. 4, 2005 incident. The civil suit is still pending.

An officer since 2000, Francis was called to Viera’s Mauran Avenue home that day for a possible domestic disturbance, said Michael J. Healey, spokesman for the attorney general’s office. After a struggle, Viera was arrested and charged with two counts of assaulting a police officer, obstructing police and resisting arrest.

The disposition of Viera’s charges is unknown, Healey said.

While at the police station, Francis kicked Viera in the face while he was sitting in a back hallway with his hands cuffed behind his back, Healey said. The alleged assault broke Viera’s nose.

Francis is also charged with writing a false police report. In his witness statement, Francis reported that the victim continued to struggle and attempted to roll on top of him during the incident at the station, Healey said.

Lise J. Gescheidt, one of two lawyers representing Francis, called the criminal trial before Judge Netti C. Vogel a “tragedy,” during a break in yesterday’s jury selection. She also said it is an attempt to “destroy” Francis’ life.

Francis has been suspended without pay since the indictment. Last August, Francis was also placed on home confinement at his parents’ Johnston home by a different Superior Court judge after he was arrested for allegedly beating his girlfriend and threatening to take his life with a shotgun.

Testimony in deliberations that month said Francis and girlfriend Jennifer Jackson, who is the mother of his then 10-month-old daughter, had allegedly been drinking with friends the day of July 30 and had publicly argued over finances. By that night, Francis allegedly struck Jackson several times in the face, causing a bloody lip.

He then loaded a shotgun and put it to his throat, threatening to take his life.

Glocester police initially charged Francis with possession of a firearm while intoxicated, which is a felony, as well as simple assault and disorderly conduct, both misdemeanors. After a search of his home a few days later, Glocester police added possession of steroids to its charges.

The East Providence Police Department’s internal affairs division conducted the investigation that led to his indictment for the 2005 incident. A city officer and Assistant District Attorney Bethany Macktaz sat on one side of the table in Superior Court Judge Netti C. Vogel’s courtroom yesterday while Francis, Gescheidt and Providence lawyer Len O’Brien occupied the other side.

Macktaz said finding expert witnesses and a lengthy list of potential testifiers delayed the trial to this year. The jury selection began early yesterday with about 50 potential jurors. Sixteen have been chosen thus far, including an East Providence cafeteria worker and a retired Providence firefighter, but the lawyers haven’t finalized who will remain on the jury.

Jury selection continues today at 9:30 a.m. with opening statements to follow. The lawyers expect the trial to last four to six weeks.

apina@projo.com

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