R.I. R. Evid. 410

Except as otherwise provided in this rule, evidence of the following is not, in any

civil or criminal proceeding, admissible against the defendant who made the plea or

was a participant in the plea discussions:

(1) a plea of guilty or nolo contendere which was later withdrawn;

(2) any statement made in the course of any proceedings under Rule 11 of the

Rules of Criminal Procedure regarding either of the foregoing pleas;

(3) a plea of nolo contendere where the court defers sentence, places the

defendant on probation pursuant to § 12-18-1 of the General Laws, or files the case

pursuant to § 12-10-12 of the General Laws, provided that probation is the sole

sanction imposed and provided further that said period of deferral, probation, or

filing is completed without violation of the terms thereof;

(4) any statement made in the course of plea discussions with an attorney for the

prosecuting authority which do not result in a plea of guilty or nolo contendere or

which result in a plea of guilty or nolo contendere later withdrawn.

However, such a statement is admissible (i) in any proceeding wherein another

statement made in the course of the same plea or plea discussions has been

introduced and the statement ought in fairness be considered contemporaneously

with it, or (ii) in a criminal proceeding for perjury or false statement if the statement

was made by the defendant under oath, on the record and in the presence of counsel.