Mistrial in Child Molestation Case in Coventry RI
Criminal Charges:
Man charged in the Kent County Rhode Island Superior Court for:
- Multiple Counts: First Degree Sexual Assault Child Molestation, in violation of R.I.G.L. § 11-37-8.1
- Multiple Counts: Second Degree Child Molestation Sexual Assault, in violation of R.I.G.L. § 11-37-8.3
City, State, County and Court:
Coventry, Rhode Island, Kent County
Rhode Island Superior Court (Kent County)
Case Overview:
A widower with two children reconnected with an old female friend who he met online as a young adult. The female was recently divorced and living in Texas with her three children. The man invited the woman and kids to live with him and his twins in Rhode Island. She accepted and the blended family lived together for several years, in at least two locations. The couple’s relationship ran hot and cold, and at one point, came to an end during the COVID-19 pandemic. Then the woman’s oldest daughter accused the man of multiple instances of sexual contact and penetration, which qualified under Rhode Island Criminal Law as Second Degree Child Molestation (sexual contact) and First Degree Child Molestation (penetration). She alleged multiple instances of digital penetration, vaginal touching, oral sex, and more. Based solely on the daughter’s uncorroborated word, the man was arrested, indicted for these serious offenses, and held in jail without bail to await trial. He retained Rhode Island Sex Crime Defense Lawyer, John L. Calcagni III, to defend him in this very serious matter.
Case Result: Mistrial.
If convicted, the man faced a sentence of up to life in prison and also, because he is a United States Resident, and not a citizen, he faced the possibility of deportation. Attorney Calcagni represented the man at trial. He skillfully cross-examined the female complainant, highlighting her delayed report, and inconsistent, and continuously growing story. He also showcased the girl’s faulty and untrustworthy memory. Based on these collected factors, Attorney Calcagni argued to the jury that the woman’s word – at least in this case – was simply not enough to justify a criminal conviction. At least half of the jurors agreed. Unable to reach a unanimous verdict and evenly split in their views, this deadlocked jury resulted in a mistrial, prompting the man’s release.