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January 28, 2008

State police turn over 213 pages in smoke-shop case

PROVIDENCE -- More than a week after the trial of seven Narragansett Indians in the smoke-shop raid case was scheduled to start, the state police today provided 213 pages of e-mails to the court.

A judge last week expressed concern that the state police hadn't turned over all documents ahead of trial.

The state and the defense are going through the e-mails. The state will argue that some of the documents should remain confidential.

Computer experts for the defense and the state police will also look into whether deleted state police files can be recovered. They are expected to argue that matter in court on Friday.

Late last week, testimony centered around the state police process for gathering and submitting evidence in preparation for the trial. The state police used a search warrant on the tribe's smoke shop in Charlestown under order from Governor Carcieri on July 14, 2003, to halt the Narragansetts from selling cigarettes without Rhode Island taxes.

Two state police officials testified last week “it didn’t occur” to them to give defense lawyers the internal investigation into the raid or the witness statements that led to that report, until being subpoenaed by defense lawyers. One said he had put that file on a bookshelf, where it was until two weeks ago.

Judge Susan E. McGuirl also heard in testimony from a state police official last week that officials failed to turn over internal affairs files based on complaints about the raid.

“If you don’t ask, how are you going to have the knowledge?” McGuirl said in court last week.

McGuirl last week ordered the state police to inspect the department’s files over the weekend to be sure all relevant information has been disclosed.

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

Posted by Mike McKinney  at 1:53 PM | Permalink

Comments

Goodness, then we can subpoena the records for how the State Police processed the first two subpoenas and the internal investigation into the confusion between the two. I see no malicious intent on the part of the State Police. Just more smoke being blown on the case to make it look cloudy by the defense.

DRF | January 28, 2008 8:15 PM link

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