Former Providence Mayor Vincent "Buddy" Cianci Jr. learned Tuesday that the U.S. Supreme Court will not review his 2002 conviction for racketeering conspiracy, leaving the controversial local icon no choice but to serve out the remainder of his 64-month prison sentence.
The court's decision will likely conclude an appeals process that dates back to Cianci's June 2002 conviction, according to David Zlotnick, an associate professor of law at Roger Williams University and former federal prosecutor.
Zlotnick called the court's action "very routine" and somewhat expected, particularly given the high number of hearing requests the court receives.
"It's just a decision without explanation that they have no interest in hearing the case," Zlotnick said. "Basically, all they're saying is they see no significant legal issues that merit their attention."
Zlotnick added that any other legal avenues open to Cianci "have even less likelihood" of success - the former mayor faces "less than a 1 percent chance of getting any kind of legal relief."
The U.S. Court of Appeals for the First Circuit in Boston rejected Cianci's appeal in August 2004. In April 2005 Cianci and co-defendants Frank Corrente and Richard Autiello were granted new sentencing hearings in light of a U.S. Supreme Court decision that deemed mandatory sentencing guidelines unconstitutional. But U.S. District Judge Ernest Torres upheld Cianci's original sentence in June. Cianci appeared at the hearing via videoconference from federal prison in Fort Dix, N.J.
Two weeks after the June decision, Cianci took his case to the Supreme Court, filing a petition for a writ of certiorari and questioning the validity of his conviction under the Racketeer Influenced and Corrupt Organizations Act. In addition, Cianci's papers argued that Torres should have admitted as evidence a 1995 tape in which the former mayor reportedly denounced bribery during a conversation with an undercover FBI agent.
Cianci was convicted of one count of conspiracy under the RICO Act in 2002, though he was acquitted of more specific charges. The case against him stemmed from an FBI investigation dubbed "Operation Plunder Dome."
These acquittals proved to be a major point of contention and served as part of the foundation for Cianci's appeal, according to Darrell West, professor of political science and director of the Taubman Center for Public Policy.
Cianci and his attorneys "were concerned that Cianci was convicted of conspiracy to run a criminal enterprise but was not convicted of any underlying crimes that made up the conspiracy," said West, who was recently featured in "Buddy," a documentary film that chronicles the former mayor's life and political career.
But West said he was not surprised by the Supreme Court's decision to pass on Cianci's case, saying "it's always a long shot" for the court to consider any case.
"This appears to suggest they did not think there was a big constitutional principle at stake," West said.
Cianci is scheduled for release in July 2007.
