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February 6, 2008

State Police: "Unlikely" deleted emails can be retrieved

The computer systems manager for the state police testified today that he didn’t believe deleted files related to the 2003 raid on a Narragansett Indian smoke shop could be retrieved.

James Shea, who has handled state police data processing for 12 years, said it was highly unlikely given the amount of time that had passed and the condition of the department’s servers.

Shea took the stand in Providence County Superior Court as Judge Susan E. McGuirl weighs a request by defense lawyers that she order computer experts to try to recover the deleted files.

It is estimated the work would cost $20,000 to $50,000.

Shea said he asks state police personnel whether they want to save any items when they retire. He then asks their replacement whether they chose to save an of their predecessor’s files. If so, then those documents are transferred, he said.

He said he relies of officers to tell him what documents should be saved.

At issue are files retired Inspector Gary Treml used in writing the internal investigation into the raid. Treml testified today that he believed he relied on computerized witness statements as well as hard-copy accounts from the 51 officers involved in completing his findings.

No e-mails to or from Treml have been included in any of the documents turned over by state police.

Shea said he had security concerns about a computer expert for the defense trying to extricate files from the state police system.


-- Journal staff writer Katie Mulvaney

“Basically, if you have a map to my network you have the map to attack my network,” he said.
State police executed a search warrant on a tribal smoke shop July 14, 2003, to stop the tribe from selling cigarettes without charging Rhode Island taxes. Seven Narragansetts, including Chief Sachem Matthew Thomas, are awaiting trial later this month on misdemeanor charges related to the raid.

Defense lawyers have asked that the cases be dismissed because state police have delayed turning over documents as part of the pre-trial discovery process.

A computer expert for the defense is expected to testify this afternoon.

Read the Journal's extended coverage of the 2003 smoke shop raid.

Posted by Brandie Jefferson  at 2:04 PM | Permalink

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