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« Senators grill EPA chief over car emissions ruling | Today | Photo: A cool car from front to back » January 24, 2008Major testifies about differing smoke-shop trial evidencePROVIDENCE -- State Police Maj. Steven G. O’Donnell testified today that he did not know why his witness statements were not immediately turned over to lawyers defending the seven Narragansett Indians charged in the smoke-shop raid as they prepared for trial. Providence County Superior Court Judge Susan E. McGuirl ordered O’Donnell and other high-ranking state police officials to testify about why their department failed to disclose documents as part of the pre-trial discovery process. She asked for their testimony as she considers a motion by defense lawyers that the case should be dismissed because their clients’ rights to due process were violated by the lack of disclosure. At issue is a packet the state police turned over to the court Jan. 11 after being subpoenaed to disclose all information related to the raid. It contained witness statements from O’Donnell, one of the commanders at the scene of the July 2003 raid, that differ from accounts provided a week earlier. O’Donnell said yesterday that he did not know why only one statement was turned over prior to the subpoena. He explained that the that the reports differed because one was a draft, while the other was a final version. The draft version, he said, did not include observations of Chief Sachem Matthew Thomas’s arrest because he added those details after reading other witness statements and viewing videotape of the raid.
The state police executed a search warrant on a tribal smoke shop in Charlestown at Governor Carcieri’s order on July 14, 2003, to stop the Narragansetts from selling cigarettes without charging Rhode Island taxes. The raid escalated into a confrontation that left at least eight people injured. Seven adult Narragansetts, including Chief Sachem Thomas, were arrested and now await trial for misdemeanor charges of assault, disorderly conduct and resisting arrest in Providence County Superior Court. Posted by Andrea Panciera CommentsJane | January 24, 2008 8:09 PM link Post a commentPlease be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish. |
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ProJo 9 to 5 News Blog
Oct 2005 - March 2006
This has gone on for 5 years. The defense lawyers suddenly have concerns for "due process". Outrageous !
The video of the "raid" shows cleary the behaviors of those charged, as well as the restraint used by State Police. This technicality is an insult to the justice system.