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January 2, 2008

Jury selection in smoke-shop case to begin Jan. 16

Jury selection in the trial of the seven Narragansett Indians charged when state police raided a tribal smoke shop will begin Jan. 16, with the trial to start six days later in Providence County Superior Court, according to a defense lawyer.

Jurors will tour the site of the roadside shop on tribal land on Route 2 in Charlestown at the trial’s outset. They will also see the American Legion building where state police staged the raid on July 14, 2003, said William P. Devereaux, who represents six of the Narragansetts.

In addition, Devereaux said he will submit briefs by the week’s end asking the state Supreme Court to reconsider its Dec. 21 decision that Governor Carcieri will not have to take the stand at trial.

The court found that the governor’s testimony was not relevant to the criminal cases because he was not on the scene when state police executed a court-issued search warrant on the smoke shop after the tribe began selling cigarettes without charging state taxes. The raid turned violent and Chief Sachem Matthew Thomas and six other adult tribal members were arrested on a range of misdemeanor charges that include assault, disorderly conduct and resisting arrest.

The Supreme Court’s decision overturns a ruling by Judge Susan E. McGuirl that the governor must testify about the orders he gave to state police leading up to the raid.

The trial had been slated to begin Monday.

-- Journal staff writer Katie Mulvaney

Posted by Mike McKinney  at 2:30 PM | Permalink

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