PROVIDENCE, R.I. - A federal appeals court on Friday overturned the convictions of two former hospital executives who were accused of paying a state senator to advance the hospital's agenda at the Rhode Island Statehouse.
The 1st U.S. Circuit Court of Appeals in Boston ruled that the judge's instructions to the jury were too broad and allowed Robert Urciuoli and Frances Driscoll to be found guilty for conduct that was not illegal. The court ordered the two be given a new trial.
Urciuoli, the former president of Roger Williams Medical Center, and Driscoll, the former vice president, were convicted in 2006 of hiring former state Sen. John Celona to promote and kill bills based on the hospital's interests.
Urciuoli, who was convicted of conspiracy and 35 counts of mail fraud, was sentenced to three years in prison. Driscoll, convicted of a single fraud count, was given eight months in prison. Both were allowed to remain free on bail pending the outcome of their appeal.
"I'm absolutely excited to get the results, and I think it's a great thing for a decent man," said Martin Weinberg, an attorney for Urciuoli.
Tom Connell, a spokesman for the U.S. Attorney's Office in Rhode Island, did not immediately return a call seeking comment.
In a 25-page decision, the appeals court said U.S. District Judge Ernest Torres, who presided over the trial, should not have allowed the jury to consider Celona's lobbying of town officials for more ambulance runs to the hospitals.
Celona is serving a federal prison sentence after pleading guilty to selling the influence of his office to Roger Williams, the CVS pharmacy chain and Blue Cross & Blue Shield of Rhode Island.
Celona was hired by Roger Williams in 1998 as a consultant for an affiliated assisted-living home in what prosecutors said was actually a sham job designed to give the hospital influence inside the Statehouse.
Besides working to defeat bills the hospital opposed, Celona also facilitated meetings between Urciuoli and insurance company executives over reimbursements. He also met with town officials to encourage them to send more ambulance runs to Roger Williams because it would bring more money to the hospital.
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