Bail Granted in First Degree Sexual Assault Child Molestation Case in Providence RI

Criminal Charge:

Man charged in the Rhode Island Superior Court (Providence County) for:

• First Degree Sexual Assault Child Molestation, in violation of R.I.G.L. § 11-37-8.1

Case Overview:

Barrington Police received a report from an adoptive mother of a sexual assault against her minor daughter.  The mother was awoken during the early morning hours by a smoke detector in her home.  She went to her daughter’s bedroom after smelling marijuana smoke and discovered a man hiding in the bedroom closet.  The adoptive mother confronted the man over the fact that her adopted daughter was only age 12.  This both surprised and frightened the man, prompting him to flee the home on foot.  He left so fast that he left behind his cellphone, which police confiscated and used to both determine his identity and track his whereabouts.  Some days after this incident, the girl told her mother that she and the man had both oral and vaginal sex.  Based on the girl’s untimely and uncorroborated claim, police obtained a warrant for the man’s arrest for the capitol felony sex charge of First-Degree Sexual Assault Child Molestation.  The man was arrested without incident and initially held without bail by the Rhode Island Superior Court.  His family retained Rhode Island Sexual Assault Defense Lawyer, John L. Calcagni III, to defend him in this matter.  

Case Result: Bail Granted.

In preparation for a bail hearing, Attorney Calcagni conducted an independent investigation which showed that the man met the girl on an adult, 18+ website.  The young girl created a false profile on the site claiming to be age 19.  Photos posted of her also demonstrated that she physically appeared older than her true age.  The case file presented no forensic, physical, or medical evidence of sexual intercourse.  The girl also told police on the day of the initial report that she and the man had no sexual contact, only to change her story some days later to her adoptive mother.  Given the girl’s history of this behavior, combined with juvenile, discipline, and mental health histories, Attorney Calcagni pressed for a bail hearing, where he intended to highlight the shortcomings in the State’s evidence and its complaining witness, while emphasizing his client’s lack of record, educational background, work history, and strong ties to Rhode Island.  On the morning of this event, Attorney Calcagni successfully persuaded prosecutors to release his client on bail without the need for a hearing.