Judge acquits Barrington dentist in racist incident, orders AG Neronha to court over X posts

PROVIDENCE – A Superior Court judge on Friday cleared a Barrington dentist of all charges related to an August 2020 confrontation in which he hurled racist slurs at his Muslim neighbor.

Judge Daniel A. Procaccini acquitted Dr. Richard F. Gordon, 74, of misdemeanor counts of simple assault and disorderly conduct, saying that the state did not prove beyond a reasonable doubt that Gordon had attacked his neighbor, Bahram Pahlavi, during a conflict over a surveyor’s stake on Aug. 3, 2020.

“This court finds that the totality of the evidence in this matter suggests there was a mutual, intense verbal interaction during which Mr. Pahlavi and Mr. Gordon were in close proximity to each other,” Procaccini said, continuing “The evidence clearly established that one person – Mr. Gordon – sustained a laceration to his arm that required stitches.”

He noted that it was clear in two cellphone videos taken during the incident that it was Pahlavi who carried a weapon – a hammer – throughout the encounter.

The evidence supports, he said, that any contact between the men was minor and inadvertent, as shown by Pahlavi’s lack of injuries.

Incident sparked BLM protests

Gordon’s lawyer, Robert Clark Corrente, argued in closing statements that Attorney General Peter F. Neronha’s office had charged Gordon in its zeal to use the state’s hate crimes sentencing enhancement just weeks after the death of George Floyd in Minnesota.

The Rhode Island Hate Crimes Sentencing Act dictates that a defendant would be subject to a lengthier sentence if convicted of the underlying crime.

Pahlavi’s wife, Dr. Iman Ali, had posted videos on Facebook, igniting Black Lives Matter protests, one in front of Gordon’s property. Gordon can be heard in the recordings saying “[Expletive] you, [racial slur]” and calling Pahlavi another ethnic slur against people who wear cloth turbans.

District Court conviction leads to appeal

Gordon appealed his case to Superior Court after a District Court judge found him guilty of simple assault and disorderly conduct, but found that the state had not proved beyond a reasonable doubt that Gordon’s crimes were racially motivated under the hate-crimes statute.

Gordon shook Corrente’s hand after the acquittal before hugging his wife, Patricia, who observed the entire three-day trial.

“I think he got it exactly right,” Corrente said later. “His summary of the evidence was done very well.”

A spokesman for Neronha credited Pahlavi for his fortitude in seeing the case through.

“We are disappointed and wholeheartedly disagree with this decision. We are grateful to the victim and his family for courageously engaging in this process – not once but twice – in an attempt to seek justice,” Timothy M. Rondeau said in an email.

“We are also grateful that a well-respected judge on our state’s District Court found the defendant guilty and we hope that gives the victim and his family some measure of peace. Despite this outcome, we will continue to seek justice for victims of crimes motivated by bigotry and hate,” Rondeau continued.

Unusual investigation

Testimony showed that Pahlavi went to hammer a new surveyor’s stake into the Gordons’ property that day after another had disappeared. The stake, which was being used in mapping out a new garage for the Pahlavis, was placed without consulting or notifying the Gordons.

The judge also noted what police witnesses said was an unusual investigation in which Deputy Attorney General Adi Goldstein and Stephen Dambruch, chief of the attorney general’s criminal division, conducted a “group” interview at the Pahlavi’s Rumstick Drive house overlooking Narragansett Bay. Pahlavi and his wife had refused to come to the police station or be interviewed separately.

Pahlavi is a member of the Iranian royal family now exiled from that country.

The Pahlavis' lawyer did not respond to a phone inquiry Friday.

Judge orders Attorney General Neronha to court

But what drew some to the  courtroom Friday was Procaccini’s expected response to comments made by Neronha on Wednesday on X, formerly known as Twitter.

Procaccini ordered Neronha to appear in court Dec. 5 on the matter.

“There was conduct that this court is troubled by and needs to be addressed by the attorney general’s office,” Procaccini said.

He was referring to posts Neronha made at 7:30 a.m., Wednesday, after closing arguments and as Procaccini was deliberating the case.

“Random thought before 8 am bell rings: in federal system, the prosecution must agree to a jury-waived trial in addition to the defendant. In state system, only the defendant must agree. That’s a real weakness for our state system – & should be changed. Victims deserve justice too,” Neronha wrote.

Judge Procaccini is presiding over a bench trial in Gordon’s case, meaning there is no jury. Defendants in Rhode Island have the right to opt for bench trials without the agreement of the prosecution under court rules.

“We’re going to try,” Neronha continued in another post, an apparent reference to pushing for changes in the bench-trial system. “When some judges never oversee a jury trial, it’s not a coincidence.”

Court watchers read the statements as a swipe at Procaccini’s integrity that might run afoul of the Rules of Professional Conduct’s rules on extrajudicial statements. Extrajudicial refers to statements or other actions that occur outside the courtroom with or without authorization of the judicial system.

The rules also dictate that a lawyer should "demonstrate respect for the legal system and for those who serve it, including judges, other lawyers and public officials. While it is a lawyer's duty, when necessary, to challenge the rectitude of official action, it is also a lawyer's duty to uphold legal process."

Former President Donald Trump, for example, has been in hot water and a gag order has been placed on his extrajudicial statements related to his multiple legal battles.

Procaccini earlier Friday morning convicted a Providence man on eight counts in a drug-trafficking conspiracy case after a bench trial. Procaccini estimated that he’s presided over hundreds of jury trials, as seen in news releases coming out of Neronha’s office.

“With respect to the Court’s request that the Attorney General appear on December 5, we have no comment,” Rondeau said in an email.

This article originally appeared on The Providence Journal: Barrington dentist cleared of assault in racist encounter with neighbor