Case Result

Mistrial Declared in First-Degree Child Molestation Case

December 19, 2024 | John L. Calcagni, III

Criminal Charges:

A man charged in East Providence, Rhode Island, Providence County Rhode Island Superior Court (Providence County) for:

First Degree Sexual Assault Child Molestation, in violation of RIGL § 11-37-8.1
First Degree Sexual Assault Child Molestation, in violation of RIGL § 11-37-8.1
First Degree Sexual Assault Child Molestation, in violation of RIGL § 11-37-8.1

Case Overview:

A middle school teacher was accused of sexually assaulting his younger girlfriend’s sister. The man was in his 50s. He served as a teacher for more than 20 years. He also served as a camp counselor, after school program director, girls softball coach, and minister at his church. After a bitter divorce, he met and fell in love with a younger woman. She had a teenage sister who spent a lot of time at her apartment. The man and the teenager bonded like siblings. He took her to school often, and even to her counseling appointments. Approximately one year after the man and younger woman broke up, the teenage sister accused him of First-Degree Child Molestation. She specifically claimed that he fingered her repeatedly, 6 – 12 times, during sleepovers at her older sister’s apartment. The man and his family hired Rhode Island Sex Crimes Defense Lawyer, John L. Calcagni III, to defend him in this serious matter.

Case Result: Mistrial.

Attorney Calcagni first fought successfully to get his client released on bail. Unable to resolve the case with a satisfactory pretrial resolution, the case proceeded to a jury trial. Attorney Calcagni cross-examined the complaining witness on inconsistencies in her testimony, prior sex assault claims against others, delayed report in this case, and lack of both resistance and reporting to others during the many months of sleepovers and alleged sexual assaults. There were also no witnesses to the alleged conduct, including the older sister who the complainant indicated was sleeping in the same bed when the assaults occurred. The teacher also cooperated with police during the investigation, denying the girls’ uncorroborated claimed. After three days of intense deliberations, the jury was unable to reach a unanimous verdict. As a result, the Court declared a mistrial.