Summary
The Rhode Island Supreme Court affirmed a Superior Court determination that Israel Rivera violated the terms of his probation. The Court held that the hearing justice rationally credited the child complainant's testimony, rejected the defense witnesses' testimony, and properly considered the defendant's live-in girlfriend's financial dependence when assessing her credibility.
Topics
Practice areas
Questions Presented
- Whether the evidence was sufficient to establish, by reasonably satisfactory evidence, that Rivera violated the probation condition requiring him to keep the peace and remain on good behavior.
- Whether the hearing justice improperly considered Rivera's live-in girlfriend's domestic relationship with Rivera and financial dependence on him when assessing the credibility of her testimony.
Holdings
- The hearing justice rationally found that Rivera violated the terms of his probation because the State presented reasonably satisfactory evidence that he failed to keep the peace and remain on good behavior.
- The hearing justice acted within his discretion by considering the girlfriend's relationship with Rivera and financial dependence on him as factors that could bias her testimony.
Key quotations
“A hearing justice need determine only that the state has proved by "reasonably satisfactory evidence" that the defendant has violated the terms of probation.” (873 A.2d at 117)
“Determining the relative credibility of witnesses at a probation-revocation hearing is uniquely the function of the hearing justice.” (873 A.2d at 118)
“Because we conclude that the hearing justice acted properly in considering the evidence before him, we hold that his finding that defendant had violated his probation was rational, and neither arbitrary nor capricious.” (873 A.2d at 119)
Factual background
Rivera was serving probation after a 1997 nolo contendere plea and sentence for assault with a dangerous weapon and carrying a firearm during a crime of violence. In 2003, the State alleged that he violated probation by molesting an eleven-year-old girl who was the sister of his live-in girlfriend. At the revocation hearing, the complainant and her mother testified for the State, while Rivera, his girlfriend, and a friend testified for the defense. The hearing justice credited the State's witnesses, rejected the defense testimony, and considered the girlfriend's financial dependence on Rivera as a potential source of testimonial bias.
Procedural history
In 1997, Rivera pleaded nolo contendere to assault with a dangerous weapon and carrying a firearm while committing a crime of violence. In 2003, after his arrest on a first-degree child-molestation charge, the State presented him as a probation violator under Rule 32(f) of the Superior Court Rules of Criminal Procedure. Following a combined probation-revocation and bail hearing, the Superior Court found a violation, entered judgment on November 12, 2003, and imposed additional incarceration and probation. The Rhode Island Supreme Court ordered the parties to show cause why the appeal should not be summarily decided, concluded that cause had not been shown, and affirmed.
Remand instructions
The record was remanded to the Superior Court.