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February 22, 2008

Update: Narragansetts seek trial delay from high court

PROVIDENCE -- Seven Narragansett Indians accused of scuffling with State Police who raided a tribal smoke shop in 2003 have filed a last-minute appeal and want to delay next week's trial.

Defense lawyers filed the request with the state Supreme Court late this afternoon.

They are asking the top court to delay the criminal trial so a computer expert can scour State Police computers looking for police e-mails about the raid that might have been deleted.

Superior Court Judge Susan E. McGuirl earlier denied their request, saying it's unlikely the e-mails can be recovered.

A court spokesman says the Supreme Court has not decided whether to hear the appeal. Jury selection is scheduled to begin Monday.

Attorney General Patrick C. Lynch said this evening that the state expects to be in front of McGuirl on Monday at 9:30 a.m. ready for the trial.

"Judge McGuirl has been remarkably patient and studious in reviewing each issue brought before her," Lynch said.

He added that it is the defense's prerogative to again seek a delay. But, he added, the state is grateful McGuirl saw fit to deny a motion to stay, or delay, the case, and that "enough is enough."

The defendants, including Chief Sachem Matthew Thomas, were arrested in July 2003 when state police raided the tribe's recently-opened smoke shop, which was not collecting state taxes, on tribal land in Charlestown.

-- The Associated Press and projo.com staff writer Michael P. McKinney

Posted by Mike McKinney  at 6:29 PM | Permalink

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charles vallor | February 23, 2008 1:07 PM link

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