Raymond Tempest: Rhode Island; Bulletin; Earlier this month, the state's high court upheld a new decision granting him a new trial because the judge found that police and prosecutors had violated Tempest’s right to a fair trial by coaching witnesses, failing to disclose evidence and suppressing key details about a witness’s changing statements. Now the state has filed a petition to re-argue the appeal on the basis that a note written by the then-prosecutor, James Ryan, that reads, "“too late, don’t volunteer new info, will cause big problems,” does not indicate a deliberate intention to obstruct justice..."Respectfully then, it is simply incorrect that 'the former prosecutor's own words 'don't volunteer' are indicative of a considered decision by the former prosecutor to suppress for the purpose of obstructing," read the petition (to re-open the case) signed by Attorney General Peter F. Kilmartin." ..."The state asserts that Ryan was concerned about delaying the trial and argues the lower court "committed clear error" by not believing Ryan during a lengthy post-conviction hearing." Reporter Katie Mulvaney; The Providence Journal;

"State prosecutors are asking to argue, again, their appeal before the state Supreme Court in the Raymond D. "Beaver" Tempest Jr. murder case. The state Tuesday filed a petition to re-argue the case, now 34 years after prosecutors say Tempest bludgeoned to death 22-year-old Doreen Picard and severely injured Picard's landlord. The state disputed the value of evidence the high court determined had been withheld and its finding that then-prosecutor James Ryan deliberately failed to disclose witness statements in Tempest's 1992 trial. "Respectfully ... then, it is simply incorrect that 'the former prosecutor's own words 'don't volunteer' are indicative of a considered decision by the former prosecutor to suppress for the purpose of obstructing," read the petition signed by Attorney General Peter F. Kilmartin. He was referring to a 1992 note from Ryan that read, “too late, don’t volunteer new info, will cause big problems.” The state asserts that Ryan was concerned about delaying the trial and argues the lower court "committed clear error" by not believing Ryan during a lengthy post-conviction hearing. The high court earlier this month found that Tempest was entitled to a new trial. In doing so, the court upheld a decision by Superior Court Judge Daniel A. Procaccini to vacate Tempest’s second-degree murder conviction for Picard's beating death. Procaccini found that police and prosecutors had violated Tempest’s right to a fair trial by coaching witnesses, failing to disclose evidence and suppressing key details about a witness’s changing statements. Procaccini did not declare Tempest innocent, but said he deserved a new trial. Tempest has been on home confinement since September. The high court agreed with Procaccini, with majority finding that Ryan violated Tempest’s due-process rights by failing to disclose witness statements to Tempest’s defense lawyer. In doing so, he violated rules governing the disclosure of exculpatory evidence or evidence that could be used to impeach witnesses at trial. A jury in 1992 convicted Tempest of Picard's murder. He was sentenced to serve 85 years in prison."
http://m.providencejournal.com/news/20160726/state-asks-ri-supreme-court-for-new-arguments-in-tempest-murder-case

See earlier Innocence Project note on the case at the link below:  "On April 22, 1992, Tempest was convicted of the 1982 murder of 22-year-old Doreen Picard. At his trial, the prosecution offered no physical evidence connecting Tempest to the crime, and there were no eyewitnesses claiming to have seen Tempest at the crime scene. The state’s case rested on four individuals who claimed that Tempest had confessed to them.  The individuals were all vulnerable to police pressure, due to their backgrounds in drug trafficking, drug use or prostitution.  Tempest was convicted and sentenced to 85 years."
 http://www.innocenceproject.org/raymond-d-tempest-jr-released-from-prison-on-bail/


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