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January 17, 2008
Update: Police must testify on smoke-shop documents

Journal Photo/Mary Murphy
Bella and Randy Noka, two members of the Narragansett tribe charged in the July 2003 smoke shop raid, listen in Judge Susan E. McGuirl's court at a hearing on dismissing the charges against the members of tribe
A judge has ordered members of the state police to testify about why documents were withheld relating to the trial of Narragansett Indians arrested during the 2003 raid on a tribal smoke shop.
The trial is delayed until Feb. 25.
Judge Susan E. McGuirl ordered Maj. Steven G. O'Donnell and other high-ranking police officials to testify while she weighs the defendants' motion to have the case against them dismissed.
The documents in question are undated witness statements by O'Donnell, then-captain and in command at the time of the raid. An eight-page statement was submitted to Superior Court, Providence, on Jan. 4.
An 11-page document was submitted as part of a packet that the state police gave the court Friday after being subpoenaed to release all raid-related documents.
Chief Sachem Matthew Thomas and six other Narragansetts are charged with misdemeanor offenses ranging from disorderly conduct to assault.
Prosecutors say the defendants missed similar deadlines to share information and will have plenty of time to review the new material before trial.
The trial has been delayed pending resolution over the documents. Jury selection had been scheduled to start yesterday.
The arrests happened when police raided the newly opened smoke shop on tribal land in Charlestown, which was not collecting state taxes. A federal appeals court later ruled the shop was operating illegally.
Extra: More about the raid and its aftermath.
-- With reports from Journal staff writer Katie Mulvaney
Posted by Brandie Jefferson
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Why should they be treated any different than any other law breakers?