In terms of media attention, 2 of the most important legal proceedings recently have happened in Rhode Island (RI) and have been presided over by 2 state judges not afraid of controversy. Those legal proceedings have been the decisions associated with the 2003 Station fire and the long-playing RI lead paint trial. The justices have been Francis Darigan and Michael Silverstein.
Justice Darigan bucked the Attorney General of the state Patrick Lynch and plenty of public opinion to accept a plea deal in the criminal charges pertaining to the fire in which 100 people were killed. I happen to agree with Justice Darigan that a plea deal spares the state further trauma. But many others don't.
Judge Silverstein put his very individual imprint on the RI lead paint II. His jury instructions interpreted RI law according to how he believed RI law should be interpreted. Based on my interviews with 4 of the 6 jurors, their verdict against 3 of the defendants and in favor of the state was based primarily on following those instructions to the letter and spirit of the law. The defense has filed motions for dismissal or a new trial partially on the basis of those instructions. On August 30-31, Judge Silverstein presided over a hearing on those motions.
Will these Justices stay with their controversial positions? We're all wondering about that and that's why so much attention is focused on RI's legal scene. Today's BOSTON GLOBE has an interesting article on Justice Darigan by Jonathan Saltzman and Brian Ballou.
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