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February 1, 2008

Computer records a sticking point in smokeshop case

PROVIDENCE -- State police and defense experts are at odds about whether potentially deleted e-mail messages related to the 2003 raid on a tribal smoke-shop can be retrieved from the force’s computer system.

A computer expert working on behalf of the seven Narragansett Indians awaiting trial for criminal charges stemming from the raid say it’s “highly likely” they can, Judge Susan E. McGuirl said in Providence Superior Court. State police experts say it’s “not likely.”

McGuirl will hear arguments next Wednesday on whether she should order an expert to try to recover deleted messages from the state police computer system, and, if so, who should pay for it.

William P. Devereaux, who represents six of the tribal members, asked the court today to order prosecutors to do so at an estimated $20,000 to $50,000 cost. He is basing the request on retired state police Inspector Gary S. Treml’s testimony last week that he believed he stored some witness statements from 51 officers who participated in the raid in a file on his computer.

Treml retired shortly after the 2003 raid and was replaced by Inspector Stephen Bannon.

“The state has an obligation to give us that evidence,” Devereaux said.

But prosecutors argue that Treml could not recall exactly how he collected the reports he used to complete his investigation into the raid. Retired Col. Steven M. Pare asked him to conduct the internal investigation, at Governor Carcieri’s request. He found the police used appropriate force.

The purported evidence, said Special Assistant Attorney General Pamela Chin, “is clearly not in our possession -- if indeed it exists.”

Even so, she said, “this isn’t a case where they’ll find a smoking gun in these records.” The defendants were captured committing their crimes on video, she said.

Extra: See the State Police video of the raid, and more about its aftermath.

-- Journal staff writer Katie Mulvaney

The defense contends that the cases should be dismissed because of the state’s failure to produce documents. Prosecutors by law are required to turn over any evidence that could prove a defendant’s innocence.

Prosecutors argue they have made every effort to disclose evidence and that in some cases they were not aware of documents until they were turned over by state police in response to a subpoena this month.

State police turned over hundreds of pages of documents on Monday after being ordered by McGuirl to ensure that all evidence had been disclosed. The documents included two new witness statements from officers at the scene, and others already in the record. In addition, there were e-mails from Pare supporting troopers’ conduct during the raid, injury reports, and messages from Sgt. Donald Devine updating his superiors on court proceedings.

Other e-mails detailed conversations leading up to the raid, including comments by Devine that the state police would seek a federal restraining order.

Another 70 pages were either privileged, or McGuirl found they were not relevant to the case.

The state police released 92 more pages today that are being examined by the court.
McGuirl has asked Treml to go review all documents state police have released to see if they jog his memory. She said she is concerned that none of the emails that have been turned over are to or from Treml, apparently contradicting his testimony.

State police executed a state search warrant on a smoke-shop the tribe opened on its land in Charlestown on July 14, 2003, to stop the Narragansetts from selling cigarettes without charging Rhode Island taxes. The raid turned violent, leaving at least eight people injured.

Seven adult Narragansetts, including Chief Sachem Matthew Thomas, were arrested on misdemeanor charges of assault, resisting arrest and disorderly conduct.

McGuirl has set the trial start date for Feb. 25 in Providence County Superior Court, if it proceeds.

Posted by Mike McKinney at 4:26 PM | Permalink

February 1, 2008

Computer records a sticking point in smokeshop case

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