Prosecutors seek new trial of Urciuoli and Driscoll

PROVIDENCE – Robert Clark Corrente, U.S. attorney for the District of Rhode Island, today announced that his office intends to retry the case against Robert A. Urciuoli, the former president and CEO of Roger Williams Medical Center, and Frances P. Driscoll, the hospital’s former vice president, “as soon as the court can accommodate us.”
The former hospital officials are accused of corruptly employing former state Sen. John A. Celona to advance the hospital’s agenda. Celona – who has admitted to selling his office for personal gain, and has been cooperating with the ongoing influence-peddling probe known as Operation Dollar Bill – pleaded guilty to three counts of mail fraud and was sentenced last year to 30 months in federal prison.
Urciuoli and Driscoll were convicted last January, Urciuoli on charges relating to stealing the state senator’s “honest services,” and Driscoll on one count of mail fraud. But those convictions were overturned on Friday by the U.S. Court of Appeals for the First Circuit.
In its decision, the appeals court concluded that the judge’s instructions to the jury in the initial trial “were over-broad,” but that some episodes cited in the case “were properly considered potentially criminal.” (READ MORE.)
“The court vacated the convictions because it believed that the instructions to the jury on honest-services mail fraud permitted the jury to convict for conduct relating to the issue of rescue runs to Roger Williams Medical Center,” Corrente said in a statement today.
“Although the court stated it was ‘fairly debatable,’ it held that this conduct did not violate the federal honest-services law.
“At the same time, however, the court held that Mr. Urciuoli could be prosecuted for using former Senator Celona to coerce health insurers into settlements with Roger Williams Medical Center. Moreover, as the court noted, the defendants did not challenge the convictions as they related to using former Senator Celona ‘to promote or block legislation to favor Roger Williams,’” Corrente said.
“Accordingly, we will retry the case against both Mr. Urciuoli and Ms. Driscoll.”
First Assistant U.S. Attorney Luis M. Matos and Assistant U.S. Attorney Dulce Donovan – the same team that oversaw the case before Senior U.S. District Court Judge Ernest C. Torres – will serve as prosecutors for the retrial, he said.
“We will consult with the District Court and with counsel about scheduling, and we will be ready to go as soon as the court can accommodate us,” Corrente added.
Additional news and information from the U.S. Attorney’s Office is available at www.usdoj.gov/usao/ri.