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March 27, 2008
Smoke-shop case: Chief sachem describes the raid

Journal photo / Mary Murphy
Narragansett Indian Chief Sachem Matthew Thomas testifies today at his trial and that of six other Narragansetts in Superior Court about what happened on the day of the raid on July 14, 2003.
PROVIDENCE -- Closing arguments are set for Monday in the trial of seven Narragansett tribal members accused of resisting and scuffling with state police, who were carrying out a raid at the tribal smoke shop in Charlestown.
The defense rested its case this afternoon after the tribe's chief sachem, Matthew Thomas, took the stand in Superior Court to describe July 14, 2003, raid.
Thomas told jurors today that he wore a suit and tie the day of the raid on the tribal smoke shop because he expected the state to take the tribe to court.
"We felt we had the regulatory authority to do what we were doing," Thomas said of the tribe's decision to open the open the tax-free smoke shop on tribal land in Charlestown over Governor Carcieri's objections.
Instead, he said, state police came onto tribal land, without presenting a warrant despite being asked repeatedly for paperwork.
The July 2003 raid on the smoke shop, which had just opened for the sale of tax-free cigarettes, turned into a scuffle. Almost five years later, Thomas and six other Narragansett Indians are on trial for several misdemeanor charges including resisting arrest and assault.
"(State Police) looked like they meant business and they weren't talking to nobody," he said of their arrival.
He said he moved toward the shop after being pushed back by troopers, one of whom had a dog.
Thomas said he grabbed a trooper after he observed a tribal member being thrown from the shop stairs and saw an officer confronting Tribal Councilman Hiawatha Brown outside the shop door, he said.
"I didn't think anyone had the right to go into the smoke shop who wasn't authorized," he said.
-- Journal staff writer Katie Mulvaney
Thomas said somebody there must have known he was chief sachem through his dealings with the state.
He described a conversation with state Police Major Steven G. O'Donnell: "I asked 'where's the paperwork? This is ridiculous.' He said, 'We're gonna show it to you.' "
Thomas said went to consult with Tribal Councilman John Brown, understudy to the medicine man, as Brown was being led away by a trooper. He said he asked why Brown was being arrested when Lt. Robert Mackisey pushed him in the chest.
"The next thing I know,” Thomas said, “I have a lot of hands on me.”
Thomas was handcuffed and placed under arrest after being taken to the ground by several troopers.
No tribal member was ever charged with the illegal sale of untaxed cigarettes, he said.
Under cross examination by prosecution late today, Thomas agreed that a 1978 settlement that gave the tribe its land specified that state laws applied on the 1,800 acres.
Read earlier testimony from Thomas and defendant Bella Noka this morning.
Extra: See photos and video of the 2003 raid on projo.com
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OK, maybe I missed something. I thought a federal warrant is needed for a state to invade Native American 'land'. Did the state police have one or not? Amazing how they could just come in (on just the Governor’s say so) and manhandle people the way they did. Sorry, but uniforms and badges only go so far when 'upholding' the law, lines were crossed here. Seems to me the Native Americans were just defending themselves, while our state police were just plain full of them selves. This whole episode is shameful, especially for our State.