Pulp Nonfiction

The Rhode Island Supreme Court affirmed a criminal conviction, rejecting an allegation that the trial judge was biased

The trial justice’s management of the calendar in this case demonstrates that he sought to maintain an orderly and timely schedule while consistently being cognizant of defendant’s rights and needs—notably in providing him with additional time to prepare for trial. While attempting to deal with the case in an efficient manner, the trial justice, over the state’s objection, granted two continuances so that defendant or defendant’s counsel had adequate time to prepare. We also underscore that the record reflects that the trial justice exhibited patience and respect towards defendant at all times, and we reject any attempt by defendant to suggest otherwise.

For these reasons, it is quite clear to us that the trial justice’s actions in this case demonstrate neither prejudice nor a personal bias against defendant, and we therefore conclude that the trial justice’s denial of defendant’s motion to recuse was proper. See Mattatall v. State, 947 A.2d 896, 903 (R.I. 2008)

The rather unusual facts of the alleged offense

The charge against defendant arose out of an incident that took place at the Edge Fitness club in Warwick, Rhode Island, on April 20, 2021. According to the complaining witness, while both he and defendant were at the fitness club, defendant removed the complaining witness’s sock and shoe and proceeded to massage his foot against his will.

On May 10, 2021, the Warwick Police Department filed a criminal complaint, charging defendant with one count of simple assault and/or battery. On April 8, 2022, defendant was found guilty on that charge in the Third Division District Court. On April 13, 2022, defendant filed a notice of appeal; and, on that same day, the case was transferred to and docketed in the Superior Court.

In June of 2023, a jury trial began; subsequently, the trial justice declared a mistrial as a result of the jury’s inability to reach a verdict. The trial justice scheduled a new trial for June 28, 2023. On June 12, 2023, counsel for defendant filed a motion to withdraw his appearance, which the trial justice granted on June 28. On that same date, a new attorney entered his appearance on behalf of defendant…

Following a second trial at which defendant represented himself, a jury found him guilty on the charge of simple assault and/or battery. On January 26, 2024, the trial justice first addressed defendant’s motion for a new trial and denied it in pertinent part; he then proceeded to impose a one-year sentence, suspended with probation, as well as 140 hours of community service in addition to other conditions that are not relevant to this appeal. On February 14, 2024, defendant filed a valid notice of appeal. A judgment of conviction and commitment was entered on February 16, 2024.

Particulars

Mr. Harrington first testified as to an incident that took place at the Warwick Edge Fitness club on February 24, 2021. According to Mr. Harrington, he was using  the locker room at the fitness club when defendant approached him and “asked [him] about the shoes [he] was wearing.” He stated that, at that time, he was wearing “Converse” sneakers. Mr. Harrington testified that, after defendant’s initial question, Mr. Harrington put his foot on a bench and untied his shoes. Mr. Harrington further testified that, after he handed defendant one of his shoes, defendant then “grabbed [Mr. Harrington’s] feet, touched [his] feet, and then also proceeded to try to take off [his] sock * * *.” He further testified that, when defendant grabbed his foot, he began “basically massaging or feeling it.” Mr. Harrington testified that he did not consent to defendant touching his foot and that it was offensive to him.

(Mike Frisch)