What Did the Politicians Know About 38 Studios & When Did They Know It? We May Never Find Out.

PROVIDENCE, RI — Atty. Gen. Peter Kilmartin planned all along to resume the 38 Studios investigation once the civil case was resolved, he said today.

He communicated that plan to state police Col. Ann C. Assumpico a few weeks ago and thought they were on the same page.

But yesterday, he said, Assumpico let the AG's office know she was not on board.

“Yesterday, I had our assigned prosecutor reach out to the lead investigator for the State Police," Kilmartin said. But the reply was 'he was under orders not to further investigate 38 Studios' until the Attorney General called the Colonel directly.”

He called her.

"I did so, and for the first time, Colonel Assumpico informed me that she considered the investigation closed, that she would commit no further resources to it, and that her decision was final."

Therefore, he said, he does not support any plan to release the documents from the criminal investigation, although the state police can make its own decision.

“Rhode Islanders are rightly angry over 38 Studios and I share the view with many people in the state that the public has the right to know what happened,” Col. Assumpico said. Her statement did not otherwise indicate her plans about the documents, but she is said to favor releasing them.

Kilmartin's office said he announced this morning that he now considers the 38 Studios criminal investigation closed.

“I have long indicated that though dormant, the criminal investigation into the 38 Studios scandal would be reactivated when certain events occurred, one of which was the resolution of the civil litigation pending in Superior Court," he said.

“Several weeks ago, I met with Colonel Ann Assumpico shortly after her appointment, and briefed her on these plans. When a tentative settlement was announced, I met with my prosecution team to prepare to reactivate the case."

But then Assumpico made a decision not to commit state police resources to another 38 Studios probe unless new evidence developed.

Kilmartin said he has a concern Rhode Islanders will suspect a cover up.

“I share the outrage of all Rhode Islanders over the 38 Studios scandal," he said, "and even though the criminal investigation to date did not produce evidence to support a criminal charge against any individual, I still felt the obligation to follow every possible path in the investigation to an end.

“As I discussed with Colonel Assumpico weeks ago, it was my belief that additional investigation should include a review of all of the remaining documents resulting from the civil litigation, and potentially compelling certain live witness testimony.

“Without the investigative resources of the State Police, however, it is fruitless to pursue these paths alone. Therefore, as of this date, the criminal investigation of the 38 Studios scandal is closed."

As long as that's the case, he went on to say, he would not favor releasing the documents connected to the criminal investigation.

“With the investigation closed, I remain greatly concerned about setting the precedent of releasing investigative records regarding a criminal investigation that thus far resulted in no criminal charges and for which the Statute of Limitations has not tolled. In this case, extensive documentation derived from the civil litigation has already told the public much of the story of the 38 Studios legislation and loan process.

“As Attorney General, I have an obligation to prosecute those who break the law, but I also have an obligation to adhere to my professional responsibility to respect the rights of all citizens, including witnesses, and the rights of those investigated, but against whom no charges have been filed. I am also very concerned that the release of information, especially the names and statements of cooperating witnesses, will chill the willingness of witnesses to come forward to law enforcement in the future, particularly in cases of public corruption.

“The State Police will now reach their own conclusion regarding the release of documents, and our Civil Division will notify the parties to the pending APRA" (public documents request) "litigation of today’s developments," he said.

Gov. Gina Raimondo said earlier she will petition the court to release all the documents.