Injustice Experienced By Dwayne J. Roderick in Rhode Island

Rhode Island's Archaic Parole Practices

See Parole Violations In Rhode Island

Complaint One

Dwayne Roderick was, at the time of this incident, homeless and struggling to get his life back together via church attendance and drug counseling. Mr. Roderick admitted to Caught.net that he has done things wrong in the past and has paid his debt to society. After being recently released from the ACI on probation, Mr. Roderick asserts he was wrongly accused of causing malicious damage to a car in Providence. Mr. Roderick asserts that in court:

• The arresting officer testified that at no time were the eyewitnesses brought by to identify Mr. Roderick as one of the people they saw around the damaged car.
• The arresting officer testified he did not have the names of the alleged eyewitnesses.
• The arresting officer testified the alleged eyewitnesses were never asked to file any reports because the arresting officer didn't believe it was necessary.
• The arresting officer testified he did not have any of the broken glass that the officer alleged was found in Mr. Roderick's coat. When asked why he didn't have any of the glass, the Prosecutor objected and Judge Bucci sustained the objection.
• The arresting officer testified that Mr. Roderick did not have a cell phone or adapter which the owner of the car asserted was stolen from the car.
• The arresting officer testified that a search of the surrounding area did not turn up any cell phone or adapter.
• The arresting officer testified he didn't know why Mr. Roderick decided to sit on a bench a very short distance from the alleged crime scene without making any attempts to flee.
• The arresting officer testified that he saw Mr. Roderick near the car from a distance and Mr. Roderick never left his sight for more than 10 seconds prior to his arrest.

The Prosecution asked Judge Bucci to sentence Mr. Roderick to the full two year suspended sentence. The Public Defender moved to dismiss the case asserting the state hadn't proven its case, had no eyewitnesses and the stolen cell phone and adapter was not found on Mr. Roderick or in the surrounding area. Judge Bucci denied the motion to dismiss. The Public Defender then asked Judge Bucci to have Mr. Roderick serve only five months.

Judge Bucci ruled Mr. Roderick was guilty of violating his probation and sentenced Mr. Roderick to one year at the ACI. Then Judge Bucci ruled Mr. Roderick was guilty of malicious damage as charged AND larceny [a completely new charge] and "based on his past record" sentenced Mr. Roderick to an additional six months to be served concurrently.

Mr. Roderick asserts he never spoke to his Public Defender longer than two minutes and didn't even know his name. Months into his stay, Mr. Roderick has remained unable to find out who his Public Defender was. Mr. Roderick also asserts he was never told the court was combining his alleged parole violation with the trial on the malicious damage charge.

Mr. Roderick also asserts he was never informed of his rights. The day following his "arrest" when Mr. Roderick was seeing a bail commissioner, he was given a rights form to sign. Also, Mr. Roderick signed a number of forms at the police station, one of which included a box to check stating you were informed of your rights. Mr. Roderick asserts he never checked this box and never gave permission for anyone else to check this box for him. Mr. Roderick is uncertain if his case is being appealed.

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