Rhode Island Supreme Court Stays Cranston Child Murder Case

The Rhode Island Supreme Court on Tuesday in the matter of State v. Michael Patino issued a ruling to halt the trial of the accused child murderer. Patino is accused of killing his girlfriend's six-year-old son Marco Nieves in 2009 in Cranston.

The state is appealing a decision on September 4th by Superior Court Associate Justice Judith C. Savage that barred certain phone text messages collected by investigators in a Cranston homicide case from being used as evidence at trial.

Patino is charged in the death of 6-year-old Marco Nieves, the son of his girlfriend, Trisha Oliver. Patino’s trial had been expected to begin in the coming weeks. However, the Supreme Court order stays further proceedings in the Superior Court pending the state’s appeal. Patino continues to be held without bail.

Judge Savage this summer conducted a month-long series of evidentiary hearings about the text messages and a video-recorded interview. The judge determined that Patino had a reasonable expectation of privacy with his phone messages and that evidence was collected illegally.