The Case(s) and Background

Februray 17, 2020 when the Pawtucket Police responded to the Rhode Island E 911 Medical Emergency call that Victor made – the Pawtucket Police Communication’s dispatcher, Michael Fidalgo, re-routed to the police – and law enforcement responded and treated a good-faith 911 caller, Victor, like an animal with no rights. [ref. RI E 911 Call recording and Pawtucket Police Department Interrogation Audio/Video Recording]

The first responders, were officers Jordan Coty and Gretchen Galvin. According to police records they were standing around when Field Training Officer (FTO) Dianne Rittmann-McLaughlin and rookie officer in training Nicholas Sisto arrived. [ref. Officer Nicholas Sisto’s Narrative and Grand Jury testimony; Pawtucket Police Log] Once inside of Victor’s apartment the police corned and seized him.

Officer Nicholas Sisto admittedly seized a RI E 911 caller in his home without probable cause or a warrant because Victor allegedly “stood in a bladed stance and slapped the wall behind him.” [ref. Sisto Narrative and Grand Jury Testimony]

After unlawfully detaining and interrogating Victor without Due Process or Counsel a Criminal Complaint was filed by Detective David Silva dated 2/17/2020 for District Court Case 62-2020-02013 that contains falsified information.

Certain members of the the Pawtucket Police Department have worked hard and as a team to pin a crime on Victor that they know did not occur to cover-up their dispatcher’s gross negligence and total disregard for both state and federal constitutions.

Fidalgo created the exigent circumstance by unnecessarily staging the EMTs and rescue, [the state withheld the fact that Fidalgo ‘maliciously’ canceled Advanced Life Support and the Paramedics that were en-route] and the responding officers entered a home and made an unwarranted arrest in violation of the Fourth Amendment as well as Art. 1 § 6 of the Rhode Island Constitution and Pawtucket Police Department policies.

The department’s goal is and always has been to frame Victor and make sure he spends the rest of his life in prison. [ref. Family Interview with Detectives David Silva and Hans Cute] The Pawtucket Police Department’s motive: To take credit for solving a domestic murder case; which the Pawtucket Police have already patted their own backs for, during an ongoing case.

There are no witnesses and no evidence to support the police accusations whatsoever, so they have resorted to tactics that are reprehensible. The Pawtucket Police relied on the “Three Legged Stool” in order to secure an indictment. The Prosecutor, States’s Attorney’s Jonathan Burke and Shannon Signore; and Medical Examiner Patricia Ogera had to all be on the same team; to simplify, the medical examiner had to make her opinions and findings match the police theories. The Medical Examiner (ME), Patricia Ogera, did in fact amend the autopsy report and the Death Certificate in May of 2020 to support the police/prosecutors. Then the ME testified under oath before the Grand Jury and did perjure herself and knowingly provided testimony that was prejudicial. [ref. Grand Jury Transcript] On May 7, 2020 when the Pawtucket Police filed a charge of Murder in District Court the following defense attorney’s then participated in a conspiracy to deprive Victor of bail and his right to the Assistance of Counsel and Due Process and Equal Protections under the law.

1. Attorney Noah Kilroy was hired on April 30, 2020 to represent Victor in case 62-2020-00738 (his co-counsel was attorney Angela M. Lawless)
2. Public Defender Jeffery D. Peckham was assigned to case 62-2020-02013
3. Public Defenders Jeffery D. Peckham and Eric Slingo were assigned to case 62-2020-03831

Noah Kilroy and Jeffrey Peckham both knew that Victor was Presented as a Violator on February 18, 2020 and his bail was revoked on March 4, 2020 for 90 days due to a 46(g) issued in case 62-2020-00738 because of the new charges in case 62-2020-02013 – both Kilroy and Peckham and Eric Slingo participated in the egregious conduct of the police/prosecutors who Presented as a Violator on May 7, 2020 in case 62-2020-03831 a second time for the sole purpose of stopping Victor’s re-admittance to Bail Hearing that was scheduled for May 18, 2020. Attorney Kilroy did admit to a family member in 2021 that he did know about the prosecutors re-violating his client for the exact same set of facts and incident and admitted to doing nothing. And when Victor’s May 18, 2020 bail hearing was cancelled by the Judge attorney Kilroy did not appeal that decision or even question it, he did nothing. Kilroy also stated that he did not know if his co-counsel, Angela Lawless, had forged Victor’s signature on official court documents and went on to say that sometimes the Judge orders attorneys to sign their clients name. When asked why his case 62-2020-00738 and the Murder charge case 62-2020-02013 were always combined until the Grand Jury indicted on July 8, 2020, Kilroy went on to say that sometimes unrelated cases can be scheduled on the same date, before the same judge, in the same courtroom at the same time.

On July 15, 2020 according to court docket notes the fake 46(g) that had been in place since May 7, 2020 on record only was no longer needed and Victor’s bail was restored in case 62-2020-00738 attorney Kilroy, although in constant contact with the family never uttered a word when Victor could have been released on bail. Public Defender Jeffrey Peckham who was still representing Victor in District Court Case 62-2020-02013 knew that Victor was entitled to bail, and Peckham like Kilroy said nothing. They both knew that on July 15, 2020 Victor was entitled to be bailed, he was not.

Four (4) Criminal Defense Attorneys Conspired with the Prosecutors

May 14, 2020 case 62-2020-00738 a Status Conference was held before Judge Stephen M. Isherwood in Garrahy Courtroom 4E at 9:00 AM and Attorneys Kilroy and Lawless did nothing on behalf of their client.

May 14, 2020 case 62-2020-03831 a Control Date was held before Judge Stephen M. Isherwood in Garrahy Courtroom 4E at 9:00 AM and Public Defenders Peckham and Slingo did nothing on behalf of their client.

May 18, 2020 Victor’s Re-Admittance to Bail in case 62-2020-00738 was cancelled by a Judge and his defense attorneys, Kilroy and Lawless did nothing on their client’s behalf.

May 18, 2020 Victor had served the 90 days and was entitled to be released on bail in case 62-2020-2013 but Public Defender Peckham did nothing on his client’s behalf and left that case dormant.

May 28, 2020 case 62-2020-00738 a Status Conference was held before Judge Stephen M. Isherwood in Garrahy Courtroom 4E at 9:00 AM and again Attorneys Kilroy and Lawless did nothing on behalf of their client.

May 28, 2020 case 62-2020-03831 a Status Conference was held before Judge Stephen M. Isherwood in Garrahy Courtroom 4E at 9:00 AM and again Public Defenders Peckham and Slingo did nothing on behalf of their client.

June 10, 2020 case 62-2020-00738 a Status Conference was held before Judge James J. Caruolo in Garrahy Courtroom 4E at 9:00 AM and again Attorneys Kilroy and Lawless did nothing on their clients behalf.

June 10, 2020 case 62-2020-03831 a Status Conference was held before Judge James J. Caruolo in Garrahy Courtroom 4E at 9:00 AM and again Public Defenders Peckham and Slingo did nothing on behalf of their client.

June 26, 2020 case 62-2020-00738 a Status Conference was held before Judge James J. Caruolo in Garrahy Courtrom 4E at 9:00 AM and again Attorneys Kilroy and Lawless did nothing on behalf of their client.

June 26, 2020 case 62-2020-03831 a Status Conference was held before Judge James J Caruolo in Garrahy Courtroom 4E at 9:00 AM and again Public Defenders Peckham and Slingo did nothing on behalf of their client

July 8, 2020 State’s Assistant Attorney Generals, Jonathan Burke and Shannon Signore secured a Grand Jury Indictment – Public Defenders Jeffrey D. Peckham and Eric Slingo were assigned to Superior Court Case P1-2020-1991ADV and both related cases 62-2020-02013 and 62-2020-03831 should have been closed.

July 8, 2020 case 62-2020-02013 was still pending for the exact same incident and set of facts on February 17, 2020 but the date of the incident on the Indictment was altered putting Victor in Double Jeopardy for two of the charges and his Public Defender Jeffrey D. Peckham did nothing even after he was contacted about these serious issues.

July 10, 2020 Attorney Kilroy was contacted and confronted about why he had never entered his appearance when he had accepted $3,000 on April 30, 2020 and had taken no action on the case; he then entered his appearance on the 10th of July along with his co-counsel Angela Lawless.

July 15, 2020 case 62-2020-00738 a Status Conference was held before Judge James J. Caruolo in Garrahy Courtroom 4E at 9:00 AM and again Attorneys Kilroy and Lawless did nothing on their client’s behalf.

July 15, 2020 case 62-2020-03831 a Status Conference was held before Judge James J. Caruolo in Garrahy Courtroom 4E at 9:00 AM and again Public Defenders Peckham and Slingo did nothing on behalf of their client.

July 15, 2020 with the Indictment secured the “egregious 46(g)” was removed and although Victor was entitled to be bailed in case 62-2020-00738 Attorneys Kilroy and Lawless hid this information from their client and did nothing.

July 15, 2020 with Indictment secured case 62-2020-02013 the original related case to P1-2020-1991ADV should have been closed but was still pending and public defender Jeffrey Peckham did nothing to correct this issue.

July 15, 2020 case 62-2020-03831 was closed and listed as the only related case in P1-2020-1991ADV.

July 21, 2020 Kilroy and Lawless file a Motion to Dismiss case 62-2020-00738 and request that the case be heard on August 5, 2020.

July 29, 2020 Superior Case P1-2020-1991ADV an Arraignment was held before Associate Justice Kristin E. Rodgers in Licht Courtroom 9 at 9:30 AM.

July 29, 2020 Superior Case P1-2020-1991ADV Mr. Colebut Plead NOT GUILTY to the Indictment; and Mr. Colebut demanded his right to a Speedy Trial.

August 4, 2020 the public portal showed, “Defendant Retracts Not Guilty Plea” Public Defender Jeffrey D. Peckham and other officials were immediately contacted; but it would take continued request to Peckham before the prejudicial public docket would be corrected.

August 4, 2020 Assistant State Attorney General, Shannon Signore, sent notification to the Prosecution and case 62-2020-00738 was Dismissed by Prosecturion and that case was closed on August 4, 2020.

August 5, 2020 attorney Noah Kilroy and his co-counsel Angela Lawless go before the court to dismiss case 62-2020-00738 a case that was Dismissed by the Prosecution and closed on August 4, 2020.

August 28, 2020 attorney Noah Kilroy accepts $1,000 to represent Victor in case 62-2020-02013 a case that he knew should have been closed on July 8, 2020 when the state indicted in Superior Case P1-2020-1991ADV but he said nothing and filed a Motion to Dismiss and set the date for September 8, 2020.

September 8, 2020 the Pawtucket Police file a Victims Fund Application for the family with false information to keep the family from questioning their loved ones sudden death.

AFTER PLEADING NOT GUILTY TO THE INDICTMENT ON JULY 29, 2020 A BAIL HEARING WAS NEVER SET AS REQUIRED BY LAW BUT VICTOR WAS HELD WITHOUT BAIL; AND THE MANDATED STATUE IN RI GEN. L. § 12-13-7 EXPIRED ON JANUARY 29, 2021, YET VICTOR CONTINUES TO BE HELD WITHOUT BAIL UNLAWFULLY

Rhode Islander’s Beware

Rhode Islanders are being treated as if they are ignorant and have no right to ask questions or need to know what evidence is being used against them or what decisions their criminal defense attorney’s are making for them. This practice puts undue stress on individuals who are accused of crimes, and it is utter cruelty to the mother’s, father’s, families and friends of men of color who are treated as if they are less than human and therefore have no rights whatsoever. Injustice affects families and communities not just the accused. The biased policing and systemic inequity in Rhode Island that has existed for decades must cease.

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