PROVIDENCE, R.I. -- Attorney General Peter F. Kilmartin is
asking the state Supreme Court to consider reinstating the indictment of
suspended Providence police Detective Robert R. DeCarlo in the brutalizing of a
suspect.
Kilmartin on Thursday afternoon filed with the high court a
petition for a writ of certiorari, which is a request that the court agree to
hear the appeal.
DeCarlo was convicted by a jury of felony assault on a suspect.
But in November Francis J. Darigan Jr., the trial judge, declared a mistrial on
the grounds of prosecutorial misconduct and vacated the conviction.
He subsequently ruled that DeCarlo could not be tried a
second time because he would be subjected to unconstitutional double jeopardy.