THIS DEAL WAS DONE BEFORE IT HAD BEGUN
Fed Up in RI purposely delayed in supplying our analysis in response to R.I. law enforcement’s finding of no criminal charges in the 38 Studios probe, because in understanding how R.I. works, we believe as important as the decision is, it is as important to observe the actions of others following such an event. For that reason, Fed Up in RI is compelled (once again) to reveal ‘THE OBVIOUS’, that is not being brought to the people’s attention…
OF COURSE NO CRIMINAL CHARGES WERE FOUND IN THE 38 STUDIOS INVESTIGATION – BECAUSE, ACCORDING TO THE RHODE ISLAND STATE POLICE AND RHODE ISLAND ATTORNEY GENERAL… “NO CRIMINAL CHARGES WERE OFFERED FOR GRAND JURY CONSIDERATION”. So, how can a legitimate finding of no criminal charges be rendered when the Grand Jury was not allowed to even consider the question of criminality? To add insult to injury, at the conclusion of this charade, or better put, ‘conspiracy to obstruct justice’, we find it outrageous that Attorney General Peter Kilmartin marginalizes the people’s concerns by calling them all “CYNICS”! We remind the Attorney General, the people are not cynics — they are hardworking taxpaying citizens who have been coerced into paying 38 Studio bondholders millions! Therefore, Fed Up in RI calls FOUL!
We bring your attention to what is stated in the document entitled; “Results of the Criminal Investigation of 38 Studios, LLC Issued by the RI State Police and the RI Office of Attorney General”.
Although the ACLU, and other groups reference this document regarding the privacy of the Grand Jury, in rightly calling for the release of records, Fed Up in RI is much more troubled by the statements made that go to the heart of the investigation. Whereas, ‘this document outlines the scope of the investigation by the Rhode Island State Police and Rhode Island Attorney General of (“38 Studios”), as well as the results of their investigation.’ At the outset, it is important to stress that the sole focus of this investigation was to determine if there was sufficient probable cause to charge any individual (public or private) with a criminal violation of the Rhode Island General Laws. What demanded our attention, as quoted – is their “investigation was so narrow and specific in focus that “NO CRIMINAL CHARGES WERE OFFERED FOR GRAND JURY CONSIDERATION”. [emphasis added]
Col. Steven G. O’Donnell and Attorney General Peter Kilmartin also state, “At that time, the Rhode Island State Police and the Rhode Island Attorney General considered the various investigative tools available through which to pursue this investigation and chose to pursue the investigation through the grand jury.” ** We find it interesting that they go into such great detail justifying “the principle of the secrecy of the grand jury proceedings”, in further stating, “It has always been extended extraordinary powers of investigation and great responsibility for directing its own efforts: Traditionally the grand jury has been accorded wide latitude to inquire into violations of criminal law. No judge presides to monitor its proceedings. It deliberates in secret and may determine alone the course of its inquiry.” Therefore, without review of the records, there is no way of knowing what evidence, if any, was presented in arriving at the decision of NO CRIMINAL CHARGES BEING OFFERED FOR GRAND JURY CONSIDERATION?
They state, “The Grand Jury in this investigation that heard substantive testimony was sat in December, 2013, – ending in July, 2015.”
So, if we are to take their statements above to be true and accurate, that,“NO CRIMINAL CHARGES WERE OFFERED FOR GRAND JURY CONSIDERATION” – then we also must conclude that based on their own admissions, the RI State Police and the RI Office of Attorney General knew the decision of “NO CRIMINAL CHARGES” (a year ago) in July of 2015 – when the Grand Jury ended. So, why did they wait until last Friday, July 29th, 2016 to announce it? *We believe only future discovery will produce this answer.
In addition, if in fact their statement is true that the Grand Jury ended in July, 2015 – then WHY in Jan. 2016, (6 months later) was it reported in the Providence Journal as to potential criminal prosecution, by Col. Steven G. O’Donnell that, “the possibility of anything is still out there. We are still investigating –”there’s no way of answering that,”…
By Karen Lee Ziner
Journal Staff Writer
Posted Jan. 16, 2016 at 10:15 PM “PROVIDENCE, R.I.— State police are close to wrapping up a years-long investigation into the 38 Studios debacle, but the police superintendent said Saturday that he cannot predict exactly how or when it will conclude.” Col. Steven G. O’Donnell said. As to potential criminal prosecution, “the possibility of anything is still out there. We are still investigating … If there’s criminal culpability, the case goes the way it goes,” he said. At this point, “there’s no way of answering that,” he added.”
Therefore our next question is – was he truthful in his statements given to the Providence Journal, in light of the fact that “NO CRIMINAL CHARGES WERE OFFERED FOR GRAND JURY CONSIDERATION”, that concluded in July 2015 ??
In this second scenario, if we assume the Journal Staff Writer is not lying – law enforcement knew the decision of ‘no criminal charges’ 6 months prior to… SAYING THAT THEY DIDN’T! [emphasis added]
Further, If “NO CRIMINAL CHARGES WERE OFFERED FOR GRAND JURY CONSIDERATION” then, WHO concluded that there was NO evidence of criminal wrongdoing? Was it the Attorney General who should have recused himself from participation in the decision in this case – due to his involvement in the initial approval of the 75 million 38 Studio Loan that started it all? *We believe only future discovery will produce this answer.
Better yet! Was the Grand Jury process chosen to serve only for the carefully honed illusion of justice? And, the real reason behind NO release of the 38 Studios investigation records – because it was a ‘sham’ proceeding?
To arrive at the right answers, one must first ask the right questions. Just as we did in 2012, and have continued to do ever since, because, when the state of R.I. doesn’t want the answers – they don’t ask the questions, as documented in the links provided below;
FED UP IN RI EXPOSES THE FACT…THAT THE COMMERCE CORPORATION OWES EVERY PENNY BACK!
It’s time for a narrative change – Fed Up says… Pay Up!
This is why it is almost always the cover-up, rather than the event that starts raising more questions, because we believe their actions are self-evident, “that the cover-up of 38 Studio crimes continue…..
Source of ref: http://www.ri.gov/press/view/28190
The Attorney General publicly stated on 8/1/2016, ‘that House Speaker Mattiello’s request calling for the release of the 38 Studios investigation documents, “is a political reaction – not a legal reaction”. So, for good measure – We offer Fed Up in RI’s LEGAL reaction;
According to the law below, the Attorney General’s first job is to protect the government, and his second job is to prosecute criminals for the government. However, when the two are in conflict, as shown in the law – his first duty takes precedent and he must protect the government and let the ‘government criminals’ go free if prosecution will adversely affect the State of Rhode Island in any way. Such is the case in what took place last week with the finding of “NO CRIMINAL CHARGES” in the 38 Studio investigation.
Please read below R.I. General Law § 42-9-6 very carefully. Focus on the word ‘shall’ – which means ‘must’ in legal terminology (when crafting legislation), unlike the word ‘may’ that is used when something is not mandatory, but discretionary in nature – as in ‘maybe’. We point this out, because it makes a world of difference in understanding the true meaning, because, as required by this law – the R.I. Department of the Attorney General ‘MUST’ not ‘MAY’…. appear for and defend the above-named individual legislators, boards, divisions, departments, commissions, commissioners, and officers, in all suits and proceedings which may be brought against them in their official capacity.
State Affairs and Government
Department of Attorney General
“§ 42-9-6 Legal adviser – Representation of state officers and agencies. – Except as otherwise in the general laws provided, the attorney general, whenever requested, shall act as the legal adviser of the individual legislators of the general assembly, of all state boards, divisions, departments, and commissions and the officers thereof, of all commissioners appointed by the general assembly, of all the general officers of the state, and of the director of administration, in all matters pertaining to their official duties, and shall institute and prosecute, whenever necessary, all suits and proceedings which they may be authorized to commence, and shall appear for and defend the above-named individual legislators, boards, divisions, departments, commissions, commissioners, and officers, in all suits and proceedings which may be brought against them in their official capacity.”
Therefore, The Department of the Attorney General, as legal counsel, represents all agencies, departments, and commissions in litigation and defends the state of Rhode Island in all actions against it. He prosecutes the ‘people’ of the State – called it’s Citizen/Cynics – for violations of the Law. So why would anyone expect a different decision? THEY found NO criminality because…. THEY would be the ones who would have to defend against it!
WAKE UP RI! The Rhode Island Attorney General is the state’s Chief ‘Defense’ Attorney – or in this case – the ‘Machine’s’ Consigliere. ANY QUESTIONS?WE ARE FED UP IN RI BECAUSE… IT TOOK THE VILLAGE TO MAKE 38 STUDIOS – AND IT’S TAKING THE VILLAGE TO COVER IT UP!
For that very reason, Fed Up in RI will not be expending it’s time in pursuing anything less than criminal charges to ultimately hold those ‘legally’ accountable who were responsible. Based on OUR investigation of 38 studios, which also began in 2012 – we DO NOT agree with those who claim that… “criminal charges are over with”.
Therefore, we will not be promoting the folly of reconvening the House Oversight Committee that is political in composition and thus far has only served useful as a public forum for political denials, and campaign brochures.
Nor, will we support the illusion of a ‘State’ initiated so-called ‘independent investigation’ – because NOTHING in R.I. government and it’s Village is INDEPENDENT of itself and it’s own interests, as most recently displayed by those using this decision in soliciting donations for a “public education campaign… not with a criminal objective, but one that uncovers the betrayal of the public trust” – that, “Fed Up in RI views as an absolute insult to the intelligence of the people of Rhode Island, who already hold Master Degrees in the history of 38 Studios and are paying millions in being painfully reminded they’ve already been BETRAYED”!
Gloria Quaranta Garvin
Fed Up in RI