Prov. officer felt ‘regret’ for actions

PROVIDENCE, R.I. (WPRI) - A Providence police officer being sued in abuse of power case said he felt “regret” for his harsh words and actions the night he paid a visit to a gas station clerk under investigation for child molestation.

The profanity-laced confrontation Officer Robert Kells had with the clerk – Ricardo Tavares – was captured on surveillance video from inside a Sunoco station in Pawtucket where Tavares worked.

In the video, Kells can be seen grabbing Tavares by the jacket and pinning him against a wall, repeatedly screaming in his face.

Tavares was never charged with molestation and has sued Kells, claiming emotional and financial harm.

“I said a lot of things in that video I regret, I said a lot things that weren’t very nice at all and since reflected on that many times since it happened,” Kells testified. “I realized I was wrong in how I acted in there and I knew immediately and I can’t take it back.”

• Web extra: watch the surveillance video

According to a transcript of the video – which is often difficult to hear – Kells graphically stated Tavares is going to get raped by an inmate.

Kells said despite his “poor choice” of words, he was not personally angry at Tavares.

“I had a very long day,” Kells said. “It was very mentally and emotionally trying, I was not angry.”

Hours before the incident, Kells was at the hospital with the two suspected victims of child abuse and their family. His lawyer, Michael Colucci, said his client had become emotionally involved in the case.

Despite his actions captured in the video, Colucci has argued Tavares was never physically harmed and questioned whether it caused significant distress in his life.

On Tuesday the attorney for Tavares, John Reilly, presented a disciplinary letter signed by former Providence Police Colonel Dean Esserman. The letter stated Kells violated several departmental procedures, including truthfulness, conduct toward the public and obedience to laws. Kells was suspended for 45 days without pay as a result of the finding.

The letter was dated Feb. 10 2005, about two months after the incident at the Sunoco.

Upon his return, the letter stated Kells had to receive training in how to investigate sexual assault cases and in the use of force.

Also taking the stand Tuesday was a guidance counselor for a Providence elementary school who raised concerns about one of the girls. She said she called the Department of Child and Youth Family services over “red flags” that the girl had been molested.

Kathleen Morrow said the child displayed troubling signs including urinating and defecating in class. She said she began meeting with the girl to try and discover the root of the problem.

“She told me Ricardo [Tavares] did nasty things to her,” Morrow testified.

Tavares’ lawyer repeatedly objected to Morrow’s testimony on the basis that she is not an expert in child molestation.

Morrow testified the six-year old child opened up to her that she would play a game with Tavares in the nude. Morrow said she had the child draw a picture she said depicted Tavares’ genitalia. The jury was shown the drawing.

In testimony earlier in the trial, Tavares’ attorneys raised questions as to whether the child actually drew the picture.

In cross-examination, Reilly asked Morrow if a child might experience some of the symptoms displayed over the loss of a loved one.

“Absolutely,” Morrow said.

Earlier in the trial it was revealed the child’s grandmother, who was her legal guardian, had passed away in the months leading up to the child molestation investigation.

“We would send balloons up to heaven once a month,” Morrow said. “She took great joy in that.”

At one point in Morrow’s testimony, Associate Justice Daniel Procaccini asked the jury to leave the courtroom to issue a warning. The judge said he was concerned “facial expressions” made by someone in the courtroom could be misconstrued by the jury.

“Everyone take a deep breath,” Procaccini said before having the jury return to the courtroom.

The trial resumes on Wednesday.

Tim White ( twhite@wpri.com ) is the Target 12 investigative reporter for WPRI 12 and Fox Providence. Follow him on Twitter: @white_tim