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February 8, 2008

Smoke-shop judge says no to police computer check

PROVIDENCE -- A judge this afternoon decided not to order a computer expert to analyze the State Police computer system for potentially deleted e-mails, denying a motion from lawyers for seven Narragansett Indians charged in the 2003 state police raid on a tribal smoke shop.

The defense motion sought to have a computer expert do what's called a forensic analysis on the system to see if e-mails could be retrieved.

After hearing testimony this week, Judge Susan E. McGuirl said in Providence County Superior Court that the security concerns, the cost and the improbability that documents would be reocovered outweighed potential benefits to the defense.

The judge did offer critical words in court yesterday about the state's efforts to provide evidence in the case.

Defense lawyers subpoenaed State Police last month to produce all documents pertaining to the raid after they said they became suspicious about the absence of reports from high-ranking officers at the scene.

A court order also had officers inspect computer and paper files. The state has provided hundreds of pages of e-mails, witness statements, a civilian complaint, and a defendant's recorded comments. Some of that came in after what would have been the start date of the trial of seven Narragansett Indians on misdemeanor charges stemming from the raid.

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

Posted by Mike McKinney  at 4:22 PM | Permalink

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Rabbit | February 8, 2008 5:46 PM link

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