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March 17, 2011

Latest Court Activity in the John Leidecker Cases (Yes, Cases)

Monique Chartier

Clicking on this RI Judiciary link ("Adult Criminal Information Database"), choosing "Search by Defendant Name/Business Name", clicking "Accept" at the bottom and then entering "Leidecker" in the "LAST NAME" field brings up two files/cases, both pertaining to John Leidecker. (Mr. Leidecker was arrested in late November and charged with a misdemeanor for allegedly impersonating former state Rep. Douglas Gablinske via e-mail.)

The second link indicates a charge of "USE OF FALSE INFORMATION/MISD" and that the arresting agency was the Rhode Island State Police Detectives. Below are the most recent entries; however at the top, under "Disposition / Date", it states

DISMISSED 48A

So the charges brought by the State Police were dismissed?

23-February-2011: CONTINUED FOR FURTHER HEARING (latest of three continuances - possibly in an effort to let public attention cool down?)

09-March-2011: CASE DISPOSED

09-March-2011: CASE TRANSFERRED 3RD DIVISION

09-March-2011: Charge, Disposition Changes

15-March-2011: CASE REC'D BY 3RD DIVISION

By the way, does anyone know what the "3rd Division" is?

But what about the first file/case? This case indicates that Mr. Leidecker has been charged with "Cyberstalking", that the arresting agency was the Bristol Police Department and that a pre-trial conference has been set for 06-APR-2011 in the 6th District Court. This link contais five entries, all dated 09-March-2011:

INITIAL CASE DATA ENTRY

COMPLAINT FILED

PERSONAL RECOGNIZANCE SET

NO CONTACT ORDER

DEFT ARRGN & PLEADS NOT GUILTY

No attorney has yet entered an appearance on behalf of Mr. Leidecker in this case.

As for the second file/case, why was the charge of "Use of False Information" dismissed and who made that call? The use of false information seemed pretty self evident in this matter.

Regarding the first file/case, currently pending, whom has Mr. Leidecker allegedly been "cyberstalking"?

Addendum

Max Diesel and Brassband provide some answers and helpful information.

Max:

3rd Division is a division of the District Court located at the Kent County Court House on Quaker Lane. Unlike local police departments, the State Police use the AG's Office to prosecute all their cases. There could be many reasons why the case was dismissed but sometimes if two agencies file charges resulting from the same incident, sometimes they just role with the better case even if the charges aren't the same.

Brass:

Criminal case files are public record. Anyone who goes to the 6th Div. clerk's office (2d floor, Garrahy Courthouse)and asks for the file by docket number should be able to get a look at the file.

The file would contain a copy of the complaint and might or might not identify the victim.


Comments

3rd Division is a division of the District Court located at the Kent County Court House on Quaker Lane. Unlike local police departments, the State Police use the AG's Office to prosecute all their cases. There could be many reasons why the case was dismissed but sometimes if two agencies file charges resulting from the same incident, sometimes they just role with the better case even if the charges aren't the same.

Posted by: Max Diesel at March 17, 2011 9:23 PM

Criminal case files are public record. Anyone who goes to the 6th Div. clerk's office (2d floor, Garrahy Courthouse)and asks for the file by docket number should be able to get a look at the file.

The file would contain a copy of the complaint and might or might not identify the victim.

Posted by: brassband at March 17, 2011 9:37 PM

Prosecutors overcharge defendants as a matter of course to give themselves leverage in plea negotiations ("we'll get rid of 4 of these charges if you just plea to the 5th.") Works on the mostly braindead criminal defendants they deal with on a daily basis, but anyone competent knows that the other charges would all fall away anyway. Since it doesn't look like he's going to plea, probably the state just picked the best charge in the case and voluntarily dismissed the other to streamline their case at trial.

Posted by: Dan at March 17, 2011 9:58 PM

If I was a "conservative" I would be complaining that this is a waste of tax dollars!

Posted by: Swazool at March 18, 2011 8:57 AM

LOL!!! Only if he was a conservative too Swazool and thankfully neither of you are.

Posted by: Max Diesel at March 18, 2011 9:17 AM

Swazool, please tell me that you think what he did is not only legal, but perfectly ok. Please. If you do, and he is exonerated, I will use some skills during the next election cycle and do the same thing as Leidecker, but put it on steroids.

I believe it is not only unethical, but illegal and he should face the consequences. Plus, the investigation should further probe into who else in his union office was not only aware of his actions, but condoned or encouraged it.

But please tell me it's legal and ethical, Swazool. I will have so much fun with the concept.

Posted by: Patrick at March 18, 2011 10:22 AM

Hey wait a minute.....wasn't he charged with much more serious crimes and these have been downgraded?

You mean he isn't charged with impersonating former Rep. Doug Gablinske?

Boy, doesn't Gablinske look foolish now!

Posted by: Malachi Constant at March 18, 2011 1:59 PM

First, innocent until proven guilty.
Second, no I don't think it is ok if he did it.
Third, They had to hit Buddy with tons of charges to get one to stick. This guy they hit with 4, already dropped 3, do you really think they will get the last one to stick.

Posted by: Swazool at March 18, 2011 2:55 PM

Yeah, one stuck on Buddy because he was guilty. Or at least that's what the jury said.

Remember, it's not about what they know you did, it's about what they can prove you did. The original charges can be brought about because they knew he did something, but then when looking further, they just might not be able to prove it.

Posted by: Patrick at March 18, 2011 3:18 PM

swazool-they may have thrown in some less than solid charges,but at least one seems viable enough to proceed with.
Maybe you're happy Gablinske is out-I don't know the first thing about him,but the NEARI seems to be very capable of dirty tricks-just check out their leadership(I'm not talking about the elected officers,but the pros)and you'd probably have to agree.
In any event,an attempt to interfere with an election is extremely disturbing.
I worked on a state rep's campaign this year(he is a Democrat)and we didn't do a single thing against the incumbent except go after his history of ignoring constituents' questions and promoting the ideas of the challenger.
Our team of rank amateurs beat a 26 year incumbent by 40%.
Neither side resorted to dirty tricks.

Posted by: joe bernstein at March 18, 2011 6:04 PM

What this guy did was at minimum pathetic....but if this had to happen to anyone I'm glad it was Gablinske. He's an arrogant little man.

Posted by: glockster at March 18, 2011 6:06 PM

It will be interesting to see the follow-up on what the cyberstalking charge is all about. Also whether NEA lawyer J. Decubellis will be entering his appearance for Leidecker on this charge too.

Posted by: riborn at March 18, 2011 7:20 PM