First Degree Sexual Assault Charge Dismissed in Woonsocket RI
Criminal Charge:
A man charged in Woonsocket, Rhode Island, Providence County Rhode Island District Court (3rd Division) for:
- First Degree Sexual Assault Child Molestation, in violation of RIGL § 11-37-8.1
Case Overview:
A man was accused by his stepdaughter of First-Degree Sexual Assault Child Molestation. The 12-year-old girl reported to a social worker that she was molested at age 9. She specifically alleged that her stepfather, while tickling her, placed his fingers inside of her vagina. The social worker relayed this information to the authorities. The girl was interviewed first by police, and second by a forensic examiner. Based solely on her uncorroborated claims, police on Block Island arrested the man where he was working on a construction site, and involuntarily returned him to the mainland. The man appeared in Rhode Island District Court (6th Division) where he was charged with one count of First-Degree Sexual Assault Child Molestation, a capital crime punishable by up to life in prison. The Court ordered the man held without bail at this arraignment pending the outcome of an evidentiary bail hearing. The man’s wife and complainant’s mother retained Rhode Island Sex Assault Defense Lawyer, John L. Calcagni III, to defend the man in this very serious matter.
Case Result: Dismissed.
Attorney Calcagni requested a bail hearing on his client’s behalf. In preparation, Attorney Calcagni prepared a bail memorandum highlighting his client’s U.S. Citizenship, business ownership, family support, other community ties, criminal record, and cooperation with police at the time of his arrest. Attorney Calcagni also obtained evidence that the complainant made a similar allegation in the past, and had recanted before any charges were filed. This time around, only days before the bail hearing, the girl recanted again. Attorney Calcagni interviewed the girl in the presence of her mother and a paralegal to confirm the recantation. This exculpatory information was immediately relayed to prosecutors, prompting the man’s release on bail while awaiting trial.