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January 9, 2008

High court won't review smoke shop ruling on governor

The state Supreme Court will not reconsider its December decision that Governor Carcieri does not have to testify in the Narragansett Indian smoke-shop case.

Defense lawyers had asked the court to reconsider its ruling, but the court announced this afternoon that it won't revisit the issue.

Narragansett Chief Sachem Matthew Thomas and six other defendants were arrested four years ago when the state police raided a tribal smoke shop that was not collecting state taxes. They are charged with misdemeanor crimes, ranging from assault to disorderly conduct.

The court in December found that the governor’s testimony was not relevant to defense arguments that the state police used undue force in executing the raid.

The troopers were acting under the command of a search warrant issued by District Court, and not instructions given by the governor or the state police superintendent at the time, Col. Steven M. Pare, the court said.

The trial is scheduled to start Jan. 16, but defense lawyers requested a delay today after the government added 16 police officers to its witness list. The case has already been delayed several times.

Read the Journal's special report about the smoke-shop raid.

-- With reports from Journal staff writer Katie Mulvaney

Posted by Jack Perry  at 1:37 PM | Permalink

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Bob | January 10, 2008 2:34 AM link

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