5 Years Illegal Pretrial Detention and a Wrongful Conviction

“As Attorneys General, we will carefully scrutinize each and every action taken by this administration. If the Constitution or federal law is violated, we will not hesitate to act.” (RI AG Peter Neronha)

To secure a conviction by any means is the worst type of prosecutorial misconduct.

Jonathan Burke and Shannon Signore viciously and maliciously prosecuted a case with insufficient evidence and resorted to using a coerced statement to secure a ‘wrongful conviction’.

Jonathan Burke and Shannon Signore opposed bail for five (5) years without ever meeting their burden to hold without bail (HWOB).

Jonathan Burke and Shannon Signore held without bail in ‘awaiting trial’ status at the Intake Service Center without providing any monthly (30 day) reports to the Rhode Island Department of Corrections as required by law.

Jonathan Burke and Shannon Signore egregiously faked a 46g bail violation in May of 2020 to unlawfully deny Victor Colebut his readmittance to bail for a prior charge that was later dismissed by the prosecution.

Rhode Island Constitution Art. I, § 9. Right to bail–Habeas corpus

All persons imprisoned ought to be bailed by sufficient surety, unless for offenses punishable by imprisonment for life, or for offenses involving the use or threat of use of a dangerous weapon by one already convicted of such offense or already convicted of an offense punishable by imprisonment for life, or for offenses involving the unlawful sale, distribution, manufacture, delivery, or possession with intent to manufacture, sell, distribute or deliver any controlled substance or by possession of a controlled substance punishable by imprisonment for ten (10) years or more, when the proof of guilt is evident or the presumption great. Nothing in this section shall be construed to confer a right to bail, pending appeal of a conviction. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety shall require it; nor ever without the authority of the general assembly.

Constitution of the United States

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Constitution of the State of Rhode Island

Article 1 Section 10.  Rights of accused persons in criminal proceedings.

In all criminal prosecutions, accused persons shall enjoy the right to a speedy and public trial, by an impartial jury; to be informed of the nature and cause of the accusation, to be confronted with the witnesses against them, to have compulsory process for obtaining them in their favor, to have the assistance of counsel in their defense, and shall be at liberty to speak for themselves; nor shall they be deprived of life, liberty, or property, unless by the judgment of their peers, or the law of the land.

Section 14. Presumption of innocence — Securing accused persons.

Every person being presumed innocent, until pronounced guilty by the law, no act of severity which is not necessary to secure an accused person shall be permitted.

Rhode Island Constitution

Section 13. Self-crimination. No person in a court of common law shall be compelled to give self-criminating evidence.