"If you violate any of these conditions, you could -- and I assure you, you will -- be incarcerated," the judge tells Jim Taricani.

09:11 AM EST on Friday, December 10, 2004

BY EDWARD FITZPATRICK
Journal Staff Writer

PROVIDENCE -- Chief U.S. District Judge Ernest C. Torres wants to make Jim Taricani's two-story Colonial in North Kingstown as much like a federal prison as possible.

Torres yesterday made clear that he would have sentenced the Channel 10 reporter to prison if not for Taricani's precarious health. So when he issued a sentence of six months' probation, to be served as home confinement, Torres added "very strict conditions" to mirror, as closely as possible, a term of incarceration.

Under those conditions, Taricani may not leave the house for any reason other than medical care. He may not "engage in any business or profession." He may not use the Internet, and he may not appear on radio or television, the judge said.

Torres told Taricani that he can only have visitors between 2 and 4 p.m. and 6 and 8 p.m.

"If you violate any of these conditions, you could -- and I assure you, you will -- be incarcerated," Torres told Taricani. "There is only so much consideration the court can extend."

Torres said Taricani might be able to avoid strict compliance, but, he said, "I hope and expect that you won't because I hope you are not that type of person, and because a person who treads too close the edge of the cliff might fall over."

The judge offered an incentive for Taricani to comply: "I invite you to petition for early termination of home confinement if, after four months have gone by, you have conducted yourself according to these conditions."

Taricani's lawyer asked when the home confinement was to begin. "Right now," Torres replied. "As of today."

Barry J. Weiner, chief U.S. probation officer for Rhode Island, said that after leaving the courthouse, Taricani was allowed to go to his lawyer's office and pick up his coat and car, then he had to go directly home.

The judge mentioned no restrictions on Taricani's telephone use, including cell phone use.

During his home confinement, Taricani will have to wear an electronic monitoring device around his ankle. Weiner said steps are being taken to ensure that the device does not harm Taricani, who has a pacemaker and a transplanted heart.

Weiner said the manufacturer, Securicare, has reported that people with pacemakers have worn the devices with no complications, and that standing in front of TV cameras and equipment would pose greater risks.

But Weiner said probation officials will check with Taricani's doctor, and if the doctor has concerns, they'll bring the matter back to Torres. "My suspicion is it's not going to be a problem," he said.

The monitoring device is a strap that looks like a diver's watch, Weiner said. Most people slip it beneath their socks. It must be worn 24 hours a day and can be worn in the shower, he said.

Probation officials will hook equipment to Taricani's phone that will use radio waves to monitor the distance to the strap around Taricani's ankle.

The device will be set on "lockdown" so that probation officials will be notified via cell phone if Taricani leaves the house, Weiner said. Officials will examine the house before determining exactly how far Taricani will be allowed to venture.

As a hypothetical example, he said, a screened porch might be OK, but a pool and sauna in the backyard would not be.

There are limits to what the technology can detect. For example, Weiner said Taricani might be able to go to a curbside mailbox, but he's not supposed to; he's supposed to stay in the house.

Probation officers will make unannounced visits at least once a week to check on Taricani, Weiner said. He'll be asked to roll up the leg of his pants and show them the monitoring device.

As for Internet access, Weiner said it would be simple to bar a person who lives alone from logging on, but this case is more complicated because Taricani's wife, Laurie White, is not barred from accessing the Internet.

In addition to the conditions that Torres spelled out, Taricani must comply with 13 rules that everyone on home confinement must follow. For example, he can't take illegal drugs, he can't drink alcohol "to excess" and he can't associate with convicted felons. Also, he must truthfully answer the questions of probation officers.

If Taricani violates the rules, he won't be arrested on the spot. Rather, Weiner said, probation officers would notify the court, and as a result, Taricani could be found guilty of violating probation and sentenced to prison.

On an average day, federal probation officers in Rhode Island have 12 to 20 people wearing electronic monitoring devices while on home confinement, Weiner said. Besides Taricani, the current list includes Joseph Braude, a Middle East scholar from Providence convicted of smuggling stolen artifacts from Iraq. And it includes Joseph Pannone, the convicted former Providence tax official who was represented by the lawyer who gave Taricani the secret FBI tape: Joseph A. Bevilacqua Jr.