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January 7, 2008

Update: Narragansetts try again to make Carcieri testify

Lawyers for six of the Narragansett Indians accused of scuffling with and resisting state police as they raided a tribal smoke shop four summers ago asked the state Supreme Court today to revisit its decision about whether Governor Carcieri should be called to testify.

The high court ruled Dec. 21 that the governor’s testimony was not relevant to possible defense arguments that state police used excessive force when they raided the smoke shop on tribal land in Charlestown on July 14, 2003.

The decision overturned the trial Judge Susan E. McGuirl’s finding that Carcieri must take the stand about the orders he gave state police.

State troopers raided the roadside shop at the governor’s order after the tribe began selling cigarettes without charging Rhode Island taxes. The confrontation turned violent, and Carcieri made numerous statements in the days and weeks that followed that he told state police to withdraw if they met resistance.

-- Journal staff writer Katie Mulvaney

The state Supreme Court’s ruling, the defense lawyers’ petition says, ignores federal court precedent that jurors may consider state of mind in assessing the credibility of a police officer’s claims he or she did not use excessive force.

Blatant defiance of the governor’s order to withdraw may show the troopers bore ill will toward the tribe, Gary G. Pelletier, one of the defense, wrote in a petition filed this morning with the state Supreme Court.

“Here, clearly if the governor had instructed the police to employ a SWAT team because some of the suspects might be `armed and aggressive,’ the court would deem this order relevant to the question whether officers used excessive force,” he wrote. “The converse order, therefore, also must be relevant.”

Seven Narragansetts, including Chief Sachem Matthew Thomas, face misdemeanor charges that include assault, resisting arrest and disorderly conduct. Jury selection for their trial is scheduled to start next Wednesday in Providence County Superior Court.

Posted by Mike McKinney at 3:28 PM | Permalink

Comments

At the rate this is going this will be the first misdemeanor case argued on appeal to the US Supreme Court.

Why doesn't Carcieri want to testify? They have the right to call witness's for their case. Just get it over with.

Bob | January 7, 2008 4:30 PM link

Why should the court set a precedent that the Governor of a state has to testify in misdemeanor cases?

EMT | January 7, 2008 5:17 PM link

What a pathetic example of incompetence and ethical malaise RI has in its Supreme Court.

By now most reasonably-minded Rhode Islanders know Gov. Carcieri doesn't have the intellectual or political skills to effectively govern RI --- and that's obvious in the absolute erosion of our state's fiscal health and economy.

Was anyone surprised when the state Supremem Court overruled a lower court judge and declared that the governor doesn't have to testify in the Narragansett Smokeshop raid?

I wasn't!

After all, no one with any street smarts believes that our state Supreme Court can render impartial and judicious decisions.

Most of the judges were dependent on the governor for their appointment; one member is married to a lobbyist whose gaming clients are anti-Narragansett Tribe; and another member is a Republican stalwart who faithfully did the governor's bidding while in private practice. Yet not one judge recused him or herself citing a potential conflict-of-interest.

That's justice --- Rhode Island style!

mark richards | January 8, 2008 6:53 AM link

January 7, 2008

Update: Narragansetts try again to make Carcieri testify

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