Delays pile up Tiverton Lt. Panell paydays

Pre-trial is continued fifth time

By Tom Killin Dalglish
Posted 5/1/17

TIVERTON — Pre-trial proceedings in the 58-count misdemeanor prosecution of Tiverton Police Lieutenant Timothy Panell were again — for the fifth time — postponed at a hearing April 13 , to reconvene on Thursday June 1.

The in-court proceedings, and documents revealed in the court file, show that the discovery afforded both sides in the case is massive, and may account for much of the delay.

This item is available in full to subscribers.

Please log in to continue

Log in

Register to post events


If you'd like to post an event to our calendar, you can create a free account by clicking here.

Note that free accounts do not have access to our subscriber-only content.

Day pass subscribers

Are you a day pass subscriber who needs to log in? Click here to continue.


Delays pile up Tiverton Lt. Panell paydays

Pre-trial is continued fifth time

Posted

TIVERTON — Pre-trial proceedings in the 58-count misdemeanor prosecution of Tiverton Police Lieutenant Timothy Panell were again — for the fifth time — postponed at a hearing April 13 , to reconvene on Thursday June 1.
The in-court proceedings, and documents revealed in the court file, show that the discovery afforded both sides in the case is massive, and may account for much of the delay.

Lieutenant's pay continues during delays
Lt. Panell, suspended with pay since the complaint against him was filed Sept. 1, 2016, has in the last seven-and-a-half months received $44,304 from the town, for what Town Treasurer Denise Saurette reports is the total of "regular salary, educational incentive, police holiday, and police shift" compensation from Sept. 1 to April 13.
During that same time, the lieutenant has contributed $3,996.70 to his police pension, said Ms. Saurette. Presumably, for as long as the criminal case continues, Lt. Panell will receive similar pay and pension contributions.
At the time Mr. Panell was suspended, he was (with overtime) the second-highest paid employee in town after Superintendent of Schools William Rearick.
Town Council President Joan Chabot could not be reached by telephone for comment on pay and pension issues.
Tiverton Town Solicitor Anthony DeSisto has earlier said that said Lt. Panell has protections available to him under the Law Enforcement Officers' Bill of Rights (RIGL 42-28.6).

Discovery dictates schedule
At the 2nd District Court court hearing in Newport on April 13, lawyers for the Town of Tiverton and for Lt. Panell gave some indications of the reasons for all the delays.
They also, out of hearing of others in the court, conferred with the Judge Colleen Hastings at her bench for several minutes, then stood away and addressed the court, though what they said was not audible (except for something that sounded like “1,900 phone calls").
The investigation of Lt. Panell's actions that led up to the charges against him included personal surveillance by both the Tiverton and Bristol chiefs of police, possible investigative help by Chief Dan Racine of Fall River, interviews with a number of Tiverton police officers in the chain of command above and below the lieutenant, GPS tracking data (that involved Fall River Detective Gary Barboza), and Rhode island State Police.
There was also video surveillance and many telephone calls, and other records relating to the lieutenant's actions.
The lieutenant's lawyer (Norman L. Landroche Jr.), in a "bill of particulars," has asked the town to "particularize" the "precise date and time, manner and means" by which the town claims the lieutenant — in each of the 58 counts — obtained money under false pretenses or committed fraud and false dealing.
The lieutenant (also through his lawyer) has asked "to inspect, listen to, copy, or photograph" the following items in possession of the town:
• All recorded radio transmissions from March 17 though August 4, 2016, for shifts on which the lieutenant was on duty;
• All "reports, call logs, notes, narratives or records" in possession of Bristol Chief Josue Canario, Fall River Chief Dan Racine, Fall River Detective Gary Barboza, the Rhode Island State Police (specifically Detective Corporal Scott Baruti) in respect to their participation in the investigation;
• All records relating to the GPS device (purchase, warranty, maintenance, service, training in its use, identity of those using it ) involved in this investigation;
• Tiverton police roll call/work log for midnight shift of Dec. 18, 2015;
• All "reports, call logs, phone recordings, notes, narratives or records" in possession of Tiverton Police Chief Thomas Blakey in respect to an anonymous phone call of March 17, 2016 and calls from then through Aug. 4, 2016 in respect to his investigation;
• Tiverton police payroll procedures, and checks in place, between March 17 through Aug, 4, 2016, Lt. Panell's personnel file, and all of Lt. Panell's property in his mailbox, locker and locked drawer since Aug. 4, 2016.
The town for its part requested an opportunity to learn about written, photographic, recorded or other materials, and all witnesses (including alibi witnesses ), that the lieutenant intends to call or use in his defense.
Until Lieutenant Panell and opposing lawyers return to court for a pre-trial conference on June 1, the lieutenant is free on his own recognizance, with bail set at $5,000. The court has given the lieutenant permission to leave the state for a visit to Washington, D.C.

2024 by East Bay Media Group

Barrington · Bristol · East Providence · Little Compton · Portsmouth · Tiverton · Warren · Westport
Meet our staff
MIKE REGO

Mike Rego has worked at East Bay Newspapers since 2001, helping the company launch The Westport Shorelines. He soon after became a Sports Editor, spending the next 10-plus years in that role before taking over as editor of The East Providence Post in February of 2012. To contact Mike about The Post or to submit information, suggest story ideas or photo opportunities, etc. in East Providence, email mrego@eastbaymediagroup.com.