All charges against Tiverton lieutenant dismissed, except one

Maintains not guilty plea to the one, for one year

By Tom Killin Dalglish
Posted 6/23/17

TIVERTON — Second District Court Judge Colleen Hastings dismissed all but one of 58 criminal misdemeanor charges against Tiverton Police Department Lieutenant Timothy Panell Thursday morning in a plea agreement filed with the court Thursday.

On the remaining charge — Count 1, obtaining money under false pretenses — Lieutenant Panell was allowed to "maintain a plea of not guilty," said Lt. Panell's lawyer, Norman L. Landroche Jr., following the court proceeding.

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All charges against Tiverton lieutenant dismissed, except one

Maintains not guilty plea to the one, for one year

Posted

TIVERTON — Second District Court Judge Colleen Hastings dismissed all but one of 58 criminal misdemeanor charges against Tiverton Police Department Lieutenant Timothy Panell Thursday morning in a plea agreement filed with the court Thursday.
On the remaining charge — Count 1, obtaining money under false pretenses — Lieutenant Panell was allowed to "maintain a plea of not guilty," said Lt. Panell's lawyer, Norman L. Landroche Jr., following the court proceeding.
The night before, following a special executive session at 7 p.m. Wednesday in Town Hall, the Tiverton Council voted 4-3 to accept a "plea bargain and memorandum of agreement" presented to it that was to dispose of the 58 misdemeanor counts against Mr. Panell.
It was not disclosed whether the council Wednesday night found Mr. Panell to have committed any wrongdoing, or whether it acted to impose any job discipline upon him, or sought restitution, or took action regarding his pension.
The proceeding Thursday in court for entering the plea agreement was brief. Town Prosecutor John Bernardo and Mr. Landroche went together behind closed doors (Lt. Panell was not with them) into Judge Hasting's chambers at 10:38 a.m. Thursday, presumably to confer with the judge, and emerged at 10:40 a.m..
The rest of the observable court action consisted of signing and filing paperwork with the courtroom clerk.
"This was a not guilty filing. Mr. Parnell maintained his innocence and took a one year not guilty," Mr. Landroche, said after the judge had approved, and the lawyers had filed, the plea documents.
"The case sits in the courthouse for one year, and on completion of the one year the case is up for administrative expungement, and will be expunged," Mr. Landroche said.
"No comment," was Mr. Landroche's repeated response to questions whether Mr. Panell would be required to make restitution to the town for monies he had allegedly received while at home when he was supposed to be on duty at the police station, whether he would lose any of his pension, or whether he would lose or be suspended from his job.
Count 1 — the allegation of obtaining money under false pretenses — was one of forty-nine identical charges against the lieutenant filed on September 1, 2016 for being at home when he was supposed to be on duty at work.
Another nine charges against the Lieutenant were made on that same date for fraud and false dealing, allegedly for filing false paperwork in order to get paid for it being at home instead of at work.
It was all these other charges, except for Count 1 only, that the court dismissed.
Town Council executive session action Wednesday regarding Mr. Panel's case was clearly debated, and the vote as close as it gets.
The four council members voting in favor of the "plea agreement and memorandum of agreement" — as the document presented to the council was referred to —were Council President Joan Chabot, and councilors Christine Ryan, Randy Lebeau, and John Edwards, who made the motion to accept it. Voting against were councilors Patricia Hilton, Joe Perry, and Denise deMedeiros.
Immediately preceding the vote to accept the plea agreement, however, Ms. deMedeiros had made a motion to reject the plea agreement, that was seconded by councilor Hilton. That motion failed 3-4, by the same split council vote breakdown as later voted to accept the plea agreement.
Asked if the terms of the "plea agreement and memorandum of agreement" would be made public, Town Clerk Nancy Mellow said, " not at this time."
Asked Thursday by e-mail to comment about these developments, Council President Chabot , replied, "I have received your correspondence and will get back to you soon."



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