State v. Frederick Baillargeron
58 A.3d 194
R.I.2013Background
- Defendant Frederick Baillargeron wrote a January 22, 2011 letter to Rhode Island Rep. Peter Martin containing explicit threats and denigrating language.
- Baillargeron sent a copy of that letter with a cover note to Newport Chief of Police, referencing alleged corruption and threats to public figures.
- Martin reported the January 22 letter to the Rhode Island State Police after a prior encounter with Baillargeron at a restaurant.
- On March 24, 2011, the Attorney General charged Baillargeron by information with threatening a public official with bodily harm under § 11-42-4.
- Baillargeron moved to dismiss for lack of probable cause; the Superior Court motion judge dismissed, ruling the information failed to show a threat directed at Martin in his official capacity.
- The Rhode Island Supreme Court granted review to determine whether the information and attachments established probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the information establish probable cause the threat was directed to a public official in his official duties? | Baillargeron | Baillargeron | Dismissal affirmed; no probable cause that threat targeted Martin in his official role. |
| May the court expand interpretation beyond the information package to apply the statute’s broader language? | State urged broader view per Grayhurst | State limited to information package | Court declined broader interpretation; limited analysis to the information package. |
| Is the proper standard for a Rule 9.1 dismissal identical to arrest probable cause in this context? | Standard is probable cause under four-corners test | Same standard applies; must show directed threat | Yes; probable cause requires a reasonable belief of commission of offense within the information. |
Key Cases Cited
- State v. Jenison, 442 A.2d 866 (R.I. 1982) (probable-cause standard for information-dismissal review)
- State v. Reed, 764 A.2d 144 (R.I. 2001) (information package review; four-corners approach)
- State v. Young, 941 A.2d 124 (R.I. 2008) (probable cause reviewed within information package)
- Henshaw v. Doherty, 881 A.2d 909 (R.I. 2005) (probable-cause standards and review principles)
- State v. Grayhurst, 852 A.2d 491 (R.I. 2004) (agency/interpretive approach to statutory language)
- State v. Ouimette, 415 A.2d 1052 (R.I. 1980) (probable-cause framework and standard of review)