Perry dismissal requested based on 'vague' indictment
Criminal defense attorney Paul DiMaio said he does not know whether his clients, Richard and Jesse Perry, are guilty or not of the first- and second-degree child molestation charges against them. That's not for him to decide, he added.
“My job is to do the best technical work to defend them,” Mr. DeMaio said.
And so far, he said, the prosecution has not given him the necessary information to do his job. Since he’s taken on the Perrys as clients, Mr. DiMaio said that he's only seen information from the grand jury indictment of Richard Perry.
“It’s a poorly drafted indictment,” Mr. DiMaio said.
In it, he said, is a description of the victim’s allegations that includes “one alleged act” that occurred “within five years.” He said he doesn’t even know the age of the alleged victim now or when the alleged crime occurred.
“It’s extremely vague,” he said.
A grand jury indicted Richard Perry and police subsequently charged him with two counts of first degree child molestation and two counts of second degree child molestation. Last week, Mr. DiMaio filed a motion to have the case against Richard Perry dismissed. While he doesn’t expect the judge to dismiss the case against his client, he said that by filing the motion he is making his concern about the prosecution’s procedures known to the court.
According to Mr. DiMaio, Richard Perry claims that the alleged victim in the case had attempted to “extort” money from him on more than one occasion. Mr. DiMaio did not say when those alleged extortion attempts occurred.
He also questioned Bristol Police Department officials for saying that the Perry brothers were known throughout the community and that rumors within the community suggesting that inappropriate behavior involving children had circulated for years.
“They painted the guy with a broad brush. They say there are numerous victims. If you got victims bring them in,” Mr. DiMaio said.
He doesn’t know why the prosecutor for the state hasn't provided information on the case against Richard Perry. Even after filing for discovery, a process in which both sides share the facts of their investigation, special assistant attorney general John H. Dean, who is representing the state, has not responded, Mr. DeMaio said.
“I don’t have any discovery. If the crimes occurred it doesn’t change the obligation of the government to give enough information for the man to defend it. Tell me more information so the man can defend himself,” Mr. DiMaio said.
The discovery process, said Emily Martineau, deputy press secretary for the attorney general, is not being delayed.
"Discovery is triggered by the defense," she said, and is supplemented as new information comes forward. "It could be ongoing right up until the trial."
In a case such as the one against Richard Perry, Ms. Martineau said it takes time to compile all the evidence.
Mr. DiMaio said he is ready to file another motion to compel the state to turn over whatever information they have.
“They’re going to have to give me sufficient answers or it will be dismissed. I don’t know why they’re waiting,” he said. “Unless they want us to be unprepared.”
Richard Perry is scheduled for a bail hearing on Jan. 22 in Providence Superior Court. His brother, Jesse S. Perry, who is charged with one count of first degree child molestation and one count of second degree child molestation, is scheduled for a Jan. 18 bail hearing in Sixth Division District Court.