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January 17, 2008

Update: Police must testify on smoke-shop documents

SMOKESHOP%20MM%203.JPG
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  at 1:10 PM | Permalink

Comments

Why should they be treated any different than any other law breakers?

Emile | January 17, 2008 1:46 PM link

I am a police department's worst nightmare on a jury.
A middle aged, white, conservative who believes many police officers are liars, cheats and felons.
Respect for the police, just because they wear a badge ended a long, long time ago for me.

bob | January 17, 2008 3:48 PM link

Yeah, Bob. But for any many of the people out there like you, there are plenty like me who can't understand why the indians think they're special and not subject to the laws and can't WAIT to toss them in jail for assaulting a cop.

Greg | January 17, 2008 4:00 PM link

Which is why you have no business serving on a jury. A middle aged, white, conservative, with predisposed views and inability to judge issues based on facts presented in a court. You are not a police department's worse nightmare, you are the criminal justice system's biggest problem.

robert | January 17, 2008 6:21 PM link

I agree completely, ALL cops are liars, thiefs and cheats but they've never been caught so they're NOT convicted felons

KK | January 18, 2008 7:06 AM link

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