Government’s Response in Opposition to Defendant’s “Emergency” Motion to Delay Self-Report Date — United States v. Ernest P. Ricci, No. 23-CR-34-JJM-PAS (Dkt. 86, D.R.I.)

Summary

The government's response in opposition to Ernest P. Ricci's "Emergency" Motion to postpone the date to self-report for a prison sentence (ECF No. 85), in United States v. Ernest P. Ricci, Case No. 23-CR-34-JJM-PAS, in the U.S. District Court for the District of Rhode Island, signed by Assistant U.S. Attorney John P. McAdams with a certificate of service dated July 9, 2024. It cites an earlier emergency release motion on the same medical condition (ECF No. 27) and temporary release granted on April 28, 2023. It says surgery scheduled for June 26, 2024 was cancelled, that on July 2 Ricci moved back into a North Kingston residence and told an FBI agent the surgery was postponed over insurance, and that the motion came less than 48 hours before the report date. It says FMC Devens can meet the medical needs and asks the Court to deny the motion.

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Full text

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF RHODE ISLAND

UNITED STATES OF AMERICA Case No. 23-CR-34-JJM-PAS

ERNEST P. RICCI

GOVERNMENT’S RESPONSE IN OPPOSITION TO
DEFENDANT’S “EMERGENCY” MOTION TO DELAY SELF-REPORT DATE

The United States opposes the Defendant Ernest P. Ricci’s “Emergency” Motion

to postpone the date to self-report for his prison sentence (ECF No. 85). The motion’s

filing on the eve of his report date was as predictable as the sun rising in the east. It is

nothing more than the latest cynical attempt by Ricci to avoid accountability for his

criminal conduct and should be denied.

This is not the first time Ricci has attempted to manipulate the Court via his

medical condition. After being detained pretrial for multiple violations of the

conditions of his release, Ricci filed a similar “Emergency Motion for Release from

Custody” based on the same medical condition (ECF No. 27.) As noted in the

government’s sentencing memorandum (ECF No. 75), Ricci drafted a letter to the Court

purportedly from his physician son and pressured his son to put it on military

letterhead sign it; the letter was later submitted to the Court (without the military

letterhead).

Over the government’s opposition, on April 28, 2023, the Court granted Ricci

temporary release for medical treatment which was anticipated to occur within days.
Ricci then proceeded to schedule his so-called “emergency” surgery for four months

later. Yet he immediately violated the conditions of his release by again interfering with

witnesses and failing to report police contact to Probation. Only when the government

filed a Motion to Reconsider Temporary Release (ECF No. 28), did Ricci move the

surgery up to two months later.

On the eve of sentencing, Ricci again scheduled surgery four weeks after the

sentencing date, just beyond the ordinary time for self-reporting. The Court indulged

Ricci by extending his self-report for several weeks in order to accommodate the

surgery and “recovery.” Now, two days before he is supposed to self-report to Federal

Medical Center Devens, Ricci submits an “emergency” motion to extend his self-report

date to allow surgery three months from now in late September or October.

The timing of Ricci’s filing gives away the game. The surgery was scheduled for

June 26, 2024. Only last week, on July 2, Ricci requested and received permission from

the U.S. Probation Office to move back into his residence in North Kingston, RI with his

dogs. Ricci made no mention to Probation of the fact that his surgery had been

cancelled. Who moves residences eight days before beginning a three year federal

prison sentence? One who believes they will not begin serving the sentence in eight

days.

Later that same day, July 2, Ricci met with an FBI agent in Chelsea, MA to

retrieve property being returned to him. Ricci told the agent that he moved back into

his North Kingston residence because “it was better for his dogs.” Ricci further told the

agent that his surgery was postponed because his insurance said it was out of network.

2
Ricci told the agent that he wanted to get the surgery before he reported to prison

because a friend of his brother had been to prison and said the health care was not

good. Ricci stated the friend said if you have a toothache, they give you pain medicine

and if it still hurts they just pull the tooth. Ricci stated he had a new lawyer and they

were going to file a motion to change the date he needed to report to prison. Ricci

further stated he was supposed to report to FMC Devens. 1

Ricci’s motion is nothing but a cynical attempt to manipulate the Court. Ricci

has known since at least June 26, the scheduled date of the surgery, and possibly earlier,

that it was cancelled. Nonetheless, Ricci sat on this information and did not file his

“emergency” motion until less than 48 hours before he is supposed to report. The letter

submitted in support of the requests is dated July 2, and yet was not provided to the

government except through the ECF filing July 9. It contains vastly more information

than one would typically observe in medical documentation and has all the hallmarks

of having been manipulated or coerced by the defendant. Ricci has a history of

submitting false information to this Court in support of his requests for release related

to his medical condition and other courts throughout the history of this case. Yet the

timing of the filing means that even further investigating the legitimacy of this

documentation would require giving Ricci the delay he is bent on receiving.

In any event, it is apparent from the nature of the documentation that Ricci’s

medical condition presents no emergency. If it was an emergency, it could not wait

1
Ricci’s statements were documented in an FBI 302 which has been provided to defense
counsel and can be made available to the Court upon request.
3
until October for treatment. Ricci has been designated to FMC Devens, which is a

medical facility more than capable of handling his health care needs. If medical

professionals in the BOP determine Ricci truly needs surgery, they are capable of

making arrangements to do so, either at FMC Devens or through health care partners

outside the BOP facility.

CONCLUSION

For the reasons set forth herein, the Court should deny the defendant’s Motion to

Postpone his self-surrender date.

Respectfully submitted,

ZACHARY A. CUNHA
United States Attorney

s/ John P. McAdams
John P. McAdams
Assistant U.S. Attorney
john.p.mcadams@usdoj.gov

4
CERTIFICATE OF SERVICE

I hereby certify that on this 9th day of July, 2024, I caused the within
Government’s Motion to Revoke to be filed electronically and it is available for viewing
and downloading from the ECF system.

/s/ John P. McAdams
John P. McAdams
Assistant U.S. Attorney
United States Attorney’s Office
One Financial Plaza, 17th Floor
Providence, RI 02903
401-709-5000 (tel) / 401-709-5001 (fax)
john.p.mcadams@usdoj.gov

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