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« Update: Lt. governor unveils health-reform package | Today | Update: Pawtucket police officer shoots, kills man » February 12, 2008Judge does not dismiss smoke-shop case / Photo
Defense lawyers had sought dismissal, saying the state has been “grossly negligent” in meeting pre-trial discovery rules that mandate the state to turn over any evidence that could be used to exonerate a defendant. But the judge today said that it did not rise to the level of flagrant prosecutorial misconduct and that the defendants were not significantly prejudiced. She did say that the prosecutors and the State Police did not do their due diligence and that she is concerned about defendants who are less privileged -- essentially, if this could happen in a high-profile case such as this one, what happens in your average case? "More worrisome is the thought of less prominent cases seeing such handling," McGuirl said in Providence County Superior Court. Asked for comment after the judge's decision, Matthew Thomas, the Narragansett Indians' chief sachem, said: "This is Rhode Island, I didn't expect anything different."
McGuirl on Friday denied a request by lawyers for the Narragansett Indians to have forensic investigators appointed to try to recover potentially deleted state police e-mails. McGuirl ruled that security concerns such an invasive search would raise, the estimated $30,000-plus cost and the improbability that valuable information could be retrieved outweighed the potential benefit to the tribal members’ defense. At the governor's order, State Police used a search warrant at the smoke shop on tribal land in Charlestown on July 14, 2003, to stop the tribe from selling tax-free cigarettes. The raid. however, soon turned into a scuffle and was caught on television cameras. Seven tribal members, including Chief Sachem Matthew Thomas, have been waiting trial for misdemeanor charges related to the raid. The trial was set to begin later this month. During arguments yesterday, McGuirl questioned Special Assistant Attorney General Pamela Chin on why the state was late in getting evidence to defense lawyers and in some instances did not turn over information until under court subpoena. Chin, however, said she had asked State Police to disclose relevant material and that she too was not aware of some of the hundreds of documents turned over by state police in recent weeks until they were subpoenaed. Defense lawyers had asked McGuirl to order a search of the state police computer systems to recover e-mails and other records possibly sent to retired Inspector Gary Treml. They argued the state should bear the projected cost. Posted by Mike McKinney CommentsPaul | February 12, 2008 8:35 PM link I have followed all this mess...and it is a shame. How dare the state of Rhode Island attempt to tell others how to live their lives. These Native Americans were here way before any of the settlers and have been through enough horrible ordeals as a people, tribe and a nation. Surely, Rhode Island does not still believe that they "know a better way of living for anybody" Lets take a look at the history of Rhode Island. Was the land of the Native Americans obtained under shady arrangements or was everything and I mean everything on the up and up? Stop punishing the Narragansetts for crimes committed by the white man's ancestors and stand up and take the blame. Make it better. For once do the right thing...show the world that it can be done... and it can start in Rhode Island. Sharon | February 13, 2008 5:28 PM link Post a commentPlease be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish. |
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ProJo 9 to 5 News Blog
Oct 2005 - March 2006
The Chief has to get over himself. If anyone of us resisted arrest with the State Police we would be facing 2-5 at the ACI.