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Rhode Island lawyer Dennis D. Bossian, from Palumbo Law in Cranston, has faced public censure by the Rhode Island Supreme Court for a controversial comment he made during a trial. The incident occurred in March 2020 when Bossian represented a passenger involved in an auto accident. The lawyer’s remark that an expert witness had “testi-lied” led to a mistrial, prompting disciplinary action.
During the trial, Bossian cross-examined an expert witness whose testimony contradicted the accident report. While the witness claimed that the collision happened on the driver’s side of a Jeep Cherokee, Bossian’s report stated otherwise. Frustrated by the discrepancy, Bossian decided to confront the witness, stating, “Let me read it. The record is going to bear out what you testi-lied to.”
The judge immediately intervened, expressing surprise at the lawyer’s choice of words and instructing the jurors to leave the courtroom. Despite the judge’s attempt to caution Bossian, the lawyer maintained that his behavior was appropriate and even suggested that the expert witness be charged with perjury.
Consequently, the judge declared a mistrial and reported Bossian to the disciplinary counsel. Bossian’s apology to the judge arrived late, following an ethics hearing before the state supreme court’s disciplinary board. In the apology, Bossian expressed regret for his use of the term “testi-lie” and claimed that he did not intend to cause a mistrial.
The Rhode Island Supreme Court determined that Bossian violated an ethics rule prohibiting lawyers from expressing personal opinions regarding a witness’s credibility during a trial. This marked the first instance in Rhode Island where a sanction was imposed for this particular rule violation.
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While acknowledging the belated apology to the trial justice, the Rhode Island Supreme Court commended Bossian for finally taking responsibility for his actions. Additionally, Bossian assured the court that he would never again use the term “testi-lie.”
Bossian’s lack of prior disciplinary actions throughout his 36-year legal career was considered a mitigating factor in his misconduct. The lawyer expressed his respect for the Rhode Island Supreme Court’s decision but respectfully disagreed with the court’s order, quoting a former Rhode Island chief justice who stated, “Supreme court decisions are not final because they are right, they are right because they are final.”
Bossian also expressed gratitude for the procedural justice he received from the current chief disciplinary counsel and her deputy chief. He deemed the court’s order against him a case of “first impression” and referred to two previous state supreme court decisions that he believed contradicted the recent ruling. In those cases, the Rhode Island Supreme Court concluded that a prosecutor’s reference to a witness as a liar did not compromise a fair trial, and a trial judge’s interrogation of a witness did not constitute improper conduct.
The Rhode Island lawyer’s censure serves as a reminder of the ethical responsibilities attorneys bear during trials. The use of inflammatory language to discredit a witness violates professional conduct rules and can result in severe consequences. While the lawyer’s apology and clean disciplinary record were taken into account, the court emphasized the importance of upholding integrity and fairness in the legal profession.
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