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January 14, 2008

Evidence release delays Narragansett smoke-shop trial

PROVIDENCE -- A Superior Court judge today delayed the trial of seven Narragansett Indian tribal members accused of fighting with state police as officers raided the tribe's smoke shop in Charlestown.

Judge Susan E. McGuirl delayed jury selection, which was scheduled to start Wednesday, because the state police released significant discovery materials on Friday afternoon.

The judge has not yet announced the new date for jury selection.

The defense lawyers are asking the judge to dismiss the case.

After efforts to establish a casino did not succeed, the tribe opened a smoke shop on tribal land on Route 2 on July 12, 2003. Shortly after state lawmakers ended their legislative session without agreeing to put a gambling question on the ballot, the tribe began selling cigarettes from the store at bargain prices because they were not charging state taxes. Tribal leaders said they were carrying out their right to self-government.

On July 14, state police used a search and seizure warrant at Governor Carcieri’s order. However, the raid became a violent confrontation, captured on television, in the parking area that led to eight Narragansetts, including Chief Sachem Matthew Thomas, being arrested and at least eight state troopers and Indians injured.

Criminal cases waited more than three years as federal courts figured out state jurisdiction over the tribe’s 1,800 Charlestown acres. The U.S. Supreme Court let stand a ruling that the state can enforce its laws on the Narragansetts’ settlement lands, and so the case is proceeding.

-- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer Katie Mulvaney

Posted by Mike McKinney  at 12:45 PM | Permalink

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