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December 20, 2007
Lawyer: Smoke-shop criminal cases going to trial
The criminal cases stemming from the state police rain on a Narragansett Indian smoke shop apparently will go to trial after all.
William P. Devereaux, who represents six of the Narragansett Indians, said today, “(The state) didn’t want to agree to what we proposed,” declining to elaborate on what it was that his defendants wanted.
Seven Narragansett Indians, including Chief Sachem Matthew Thomas, are due to go to trial Jan. 7 in Providence County Superior Court on misdemeanor charges that include assault, disorderly conduct and resisting arrest.
Despite exhaustive plea negotiations, prosecutors and lawyers for the tribe have been unable to reach an agreement in that court. Several mediation sessions have been held, without a resolution, with the assistance of retired Chief Justice Joseph R. Weisberger.
Weisberger had ordered the parties to participate in another session today. John Brown, the tribe’s medicine man in training and one of those facing charges, said yesterday the defendants had been called to the court to discuss “some level of arrangement.” He said he had not been told the specifics.
The case landed before the state Supreme Court when Governor Carcieri appealed Superior Court Judge Susan E. McGuirl’s ruling in August that he could be called to testify about the orders he gave the state police leading up to the raid.
The court has not decided if Carcieri will be compelled to testify during the trial.
The state police raided the roadside store at the governor’s order on July 14, 2003, after the tribe began illegally selling cigarettes without charging Rhode Island taxes.
-- With reports from Journal staff writer Katie Mulvaney
Attorney General Patrick C. Lynch has objected to the process, arguing any plea negotiations should take place in the trial court. If the two sides can’t reach an agreement, he has said, the cases should go to trial.
“The process is called mediation,” said Michael J. Healey, his spokesman. “It’s not called binding arbitration.”
The state is willing to accept no-contest pleas with a filing, meaning the charges would essentially disappear if the defendants stayed out of trouble for a year, Healey said. A no-contest plea is considered an admission of guilt.
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