State Police Lt. Col. Philbin Was “Giglioed” Over Role in John Cicilline’s Case
Thursday, December 08, 2022
GoLocalProv has learned that retired Rhode Island State Police Lt. Colonel Joseph Philbin was issued a “Giglio” letter for his actions tied to the government’s case against John Cicilline and others in 2008. John Cicilline's brother was then-Mayor of Providence David Cicilline.
GET THE LATEST BREAKING NEWS HERE -- SIGN UP FOR GOLOCAL FREE DAILY EBLASTIt was a case that made national news.
On November 19, GoLocal reported that former Rhode Island Superintendent of the State Police James Manni, during a deposition in an unrelated case HEAR MANNI HERE, unveiled that Philbin was issued a Giglio letter. Manni did not give details as to what case the Giglio was issued for.
GoLocal, through Access to Public Records Act (APRA) requests and interviews with individuals who had knowledge of the incident, has been able to unveil the case.
According to former Manni, Philbin had lied in his role as a State Police officer and was issued a Giglio letter more than a decade earlier.
"It means less than truthful in a sworn statement as a law enforcement officer, and in future testimony, you would have disclosed that you were Giglioed,” said Manni.
“In the past, there was an issue with the truthfulness,” said Manni made the comments during a deposition in an unrelated case. The lawyer asking the questions was David Cass.
A Giglio Letter is also known as a Death Letter, and Wake Forest Law School Review describes the seriousness of the designation as “once a district attorney writes a Giglio letter about a particular officer, that officer is functionally unable to make arrests, handle evidence, or interview suspects.”
After Philbin was issued a Giglio letter for being untruthful, he was promoted five times over the next 12 years before he stepped down.
Philbin is now tied to another major controversy.
Three weeks ago, GoLocal first reported and released another audio recording of a former RISP Major Tim Sanzi telling another officer that Philbin told him ten years earlier that Philbin says he "thinks" he killed a man.
RISP has issued a report saying it has investigated the matter and considers it closed -- but the State Police admit that they never interviewed Philbin or some other key players.
Cicilline Case
In June of 2008, John Cicilline, then-52 years old, pleaded guilty to conspiracy, obstruction of justice and making false statements. He had pleaded not guilty in January 2007 but switched his plea before his trial. He could have faced up to 25 years in prison and $1 million in fines, but prosecutors required an 18-month sentence.
He is the brother of Democratic U.S. Congressman David Cicilline (RI-2) and the son of attorney John Cicilline — who was New England Crime Boss Raymond Patriarca’s lawyer.
READ MORE HERE IN THE PATRIARCA PAPERS
Rhode Island Attorney General Confirms Giglio Letter After GoLocal APRA
Now, GoLocal, through an APRA request, sought a copy of the Giglio letter from both the Rhode Island Attorney General's office and the Rhode Island State Police.
A letter to GoLocal from the Rhode Island Attorney General’s office, Michael W. Field, Assistant Attorney General, stated, “…we determined that this Office made a disclosure to defense counsel regarding ret. Lt. Col. Philbin in 2008 that was styled by the prosecutor as being made pursuant to Giglio. The case file does not contain copies of the precise materials disclosed, and a review of the trial record did not reveal any references to this material.”
Field refused to provide a copy asserting that under case law the letter is exempt, "The fact that this document may have previously been determined to be Giglio and therefore disclosed to a defendant’s attorney pursuant to Giglio does not render the record public under the APRA."
The Rhode Island State Police, in a response to GoLocal, said, "Your request is governed by the APRA contained in R.I.G.L. Chapter 38-2. In response to a request for public records, an agency is required to make available for public disclosure those records that are responsive to a request, are in the possession of the agency and are not otherwise exempt from disclosure. After a thorough search of RISP files, the RISP is unable to locate a “Giglo letter” issued to Joseph Philbin. As such, the RISP does not maintain any records responsive to your request. To be clear, because no responsive record was located within RISP files, records are not being withheld and no exemption under the APRA has been asserted."
Neither John Cicilline nor Philbin responded to requests for comment.
DEA PRESS RELEASE IN 2007
News Release
FOR IMMEDIATE RELEASE
January 5, 2007
Two Attorneys And Two Legal Assistants Indicted
For Obstructing Justice And Making False Statements
JAN 5 -- Boston, MA. Two Rhode Island attorneys and two legal assistants were charged today in federal court with conspiracy to obstruct justice, obstruction of justice, and making false statements.
June W. Stansbury, Special Agent in Charge of the U.S. Drug Enforcement Administration in New England and United States Attorney Michael J. Sullivan and, announced today that JOSEPH A. BEVILACQUA, JR., age 57, of West Warwick, Rhode Island; JOHN M. CICILLINE, age 49, of Cranston, Rhode Island; JUAN GIRALDO, age 41, formerly of East Greenwich, Rhode Island; and LISA TORRES, age 39, of Cranston, Rhode Island, were charged in an Indictment with conspiracy to obstruct justice. CICILLINE and TORRES were charged in separate counts with obstruction of justice and making false statements, and CICILLINE was charged with an additional count of making false statements.
“Today’s charges should make it clear that justice is not for sale,” commented U.S. Attorney Sullivan. “It is especially troubling that these allegations involve lawyers - who are expected to hold to the highest ethical standards and conduct themselves with honesty and integrity.”
BEVILACQUA and CICILLINE are criminal defense attorneys. GIRALDO and TORRES are legal assistants.
The Indictment alleges that in December 2002, BEVILACQUA and CICILLINE began representing a couple who were charged with drug trafficking in Massachusetts federal district court. The couple were facing minimum sentences of 10 years’ imprisonment unless they were willing and able to cooperate with the government in the prosecution of others. The Indictment alleges that BEVILACQUA, CICILLINE, and GIRALDO told the couple that for a large sum of money, GIRALDO would provide information and cooperation that the couple could falsely pass off to the government as their own. The Indictment alleges that the couple paid BEVILACQUA and GIRALDO a total of $100,000, mostly in cash, in exchange for this promise of third-party cooperation. The Indictment alleges that, after receiving the money, BEVILACQUA, CICILLINE, and GIRALDO began pressuring the couple to plead guilty, telling them that only by pleading guilty could they take advantage of GIRALDO’s third-party information and cooperation.
According to the Indictment, BEVILACQUA and GIRALDO failed to provide the promised third-party cooperation, and the clients refused to plead guilty. The Indictment alleges that CICILLINE told the couple that if they gave him an additional $50,000, he would make sure that BEVILACQUA and GIRALDO made good on their promise or would find some other way to help them. The Indictment alleges that CICILLINE then enlisted TORRES to provide third-party information and cooperation that the couple could pass off as their own or otherwise receive credit for. The Indictment alleges that in an effort to advance this scheme, CICILLINE and TORRES both falsely told an Assistant U.S. Attorney in Boston that TORRES was a close friend of CICILLINE’s client. Among other things, the Indictment alleges, CICILLINE falsely told the Assistant U.S. Attorney that TORRES had known the client for two or three years, when in fact CICILLINE himself had first introduced TORRES to the client only a few months earlier.
“A license to practice law and knowledge of the law does not allow you to break the law,” said DEA Special Agent in Charge Stansbury. “DEA pursues investigations to expose and bring to justice all who participate or aid in drug trafficking - from street dealing to the offices of corrupt lawyers. As these attorneys have learned, you can go from being a member of the Bar to being behind bars.”
BEVILACQUA, CICILLINE and TORRES were all arrested today on the charges. CICILLINE and TORRES will appear in court later today before U.S. Magistrate Judge Joyce London Alexander. BEVILACQUA will appear in court next week, however, an exact date and time has not yet been set. GIRALDO is presently serving a federal sentence in an unrelated drug case and will be summonsed into court at a later date. The charge of obstruction justice carries a maximum penalty of 10 years’ imprisonment and each of the other charges carries a maximum penalty of 5 years’ imprisonment. All of the charges also carry a 3 year term of supervised release, and a $250,000 fine.
Related Articles
- FBI Files - The Patriarca Papers - The Battle Between the Feds and Coia, Laborers, and Patriarca
- Cheat Sheet 52, FBI Files: Federal Courts Battle Over Indictments of Coia and Patriarca
- Cheat Sheet 50, FBI Files: Winter Hill Gang, Bonded Vault, Bevilacqua’s Relationship with Patriarca
- Cheat Sheet 51, FBI Files: Indictment of Patriarca, Coia, & Other Laborers International
- FBI Files - The Patriarca Papers - Entry 50 (Patriarca and Bevilacqua’s Relationship)
- Friday: Former RISP Superintendent Manni Under Oath Discusses Lt. Colonel Philbin’s Record
- RISP Never Interviewed These Two Men in Investigating Sanzi’s Claim - Family Calls Review a “Phony”
- AUDIO: Former RISP Lt. Col. Philbin Previously Lied and Was “Giglioed,” Says Col. Manni
- Cheat Sheet 57, FBI Files: Did Patriarca Run Laborers’ International
- Cheat Sheet 59, FBI Files: Coia’s Relationship with Patriarca, FBI and the Clintons
