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March 27, 2008

Smoke-shop case: Chief sachem describes the raid

chief1.jpg
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.



smokeshop_247.jpg
Journal file photo

Narragansett Indian Chief Sachem Matthew Thomas struggles with a state trooper during the contentious 2003 raid. See more photos and video of the raid and from the trial.

"(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

Posted by Brandie Jefferson  at 6:54 PM | Permalink

Comments

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.

m | March 27, 2008 2:01 PM link

Anyone reasonable person who saw the footage of the incident can see the state went in like cowboys and manhandled these people. Isn't it time for the RI Gov't to apologize? Shouldn't the gov't. be accountable as well? Haven't we taken enough from the Narragansetts?

c | March 27, 2008 2:22 PM link

m,

You thought wrong. That ship has sailed and the courts have upheld it.

Greg | March 27, 2008 2:31 PM link

You did miss something, Federal Court has stated that ALL State Laws apply on the Narragansett land with the exception of game/wildlife laws. So the State Police did not need a federal warrant. Regardless of what the Narragansetts say, they knew this. What I am interested to find out is who is paying for the attorneys representing the Narragansetts in this case? Do not be surprised if it is the taxpayers. The only people who should be ashamed is the Narragansetts for putting on a clear show trial.

robert | March 27, 2008 2:44 PM link

Uh, Greg, just a refresher for you:

Adam Jennings filed a civil suit with his mother and another shop worker, accusing Jones and other officers of violating their civil rights by using excessive force during the raid.

U.S. District Judge Ernest C. Torres dismissed the complaints against the other officers, but a jury found that Jones used excessive force and awarded Jennings $301,000.

Chris | March 27, 2008 2:53 PM link

They got the shaft by Mr. Chaffe and I hope they put in a casino and the state gets nothing. I guess they (the Narragansetts) just did not pay off enough people in our crooked state.

Not Guilty!!!

Paul DiModica | March 27, 2008 3:03 PM link

Actually, when I saw the footage, I was amazed at the restraint displayed by the State troopers. The Narragansetts assaulted them and started the violence that should never have ensued. I'm disappointed that they're only being charged with misdemeanors. The way they acted was deplorable and disgraceful.

L | March 27, 2008 4:06 PM link

Between yesterday & today's comments, there is a commonground that needs to be broken: the idea of separation. I grow tired of hearing about what was taken from the Indians some 500 years ago. What is past is past. It is part of U.S. History and cannot be un-done. As Natives, you have the respect that your ancestors were the original inhabitants of this beautiful country. But it is time we come and grow together as one nation, not living separately. We would never own the idea of re-instating slavery or the separation of black & white!... why is that stuff (and even more), which is all part of our growing nation, left to remain in the history books, yet, when we discuss Native American history, it says "to be continued" at the end?

Everyone in the world has the ability to get along with each other. Individual persons just choose not to.

It all starts with forgiving what is already past. And growing stronger because of it. As Natives, you have that ability, which could begin with the shredding of those T-shirts (that I even see the littlest of kids wear) that say "Narragansetts Indians: Fighting Terrorism since 1492"... Please stop breeding hatred among the innocents who only know what you teach them.

We are supposed to be the United States of America... let us ALL act like it.

Now... as odds will have it... I am quite certain someone will defile my comments with negativism in an attempt to continue racism and prejudicism among our country. Again, individual persons choose to continue this sad state of affair.

But we All have the ability to grow stronger from their mistakes.

Eddie | March 27, 2008 4:28 PM link

The Governor did one thing good so far.. he was human to the people of the station fire. From then on he has been riding on his coat tails. The indians have been screwed three ways to sunday. the state police crossed the line and deserve to say sorry to the indians. give them thier casino and lets move on.

John | March 27, 2008 5:32 PM link

It seems that the Narragansett Indian tribe has a selective memory. When they want something from the State or their neighbors they put one face forward, but when it's on their land which they KNOW is subject to State of Rhode Island Laws, just like the rest of us, they rebel. They receive many dollars from the Bureau of Indian Affairs for multiple purposes including low income housing. Most of these projects never come to fruitition but the money is spend, perhaps to fund the casino vote and their smokeshop. I believe that the funding they received over the past 20 years should be audited burt not by the Bureau of Indian Affairs but by the Congressional Budget Office. It would make the current inquiry into the Dept of Transportation look like a kindergarten class. If I were to treat an officer who is just carrying out the requirements of their jobs I would have been charged with multiple felony charges and not the misdemeanor charges filed against them. They have had the charges reduced by the State to get this incident out of the news, given a chance to plead, and have carried this bad conduct on for five years, encumbering the time and energy of both federal and State Courts. Get over it, and with the Casino vote by the public tuned down twice now, get a job like the rest of us.

Don | March 27, 2008 6:18 PM link

To be an American Indian today is not to live free (free from local laws, free to roam, or free from taxes). To be a native Indian (Pre-America) was to live free. Tribal members need to do as they are told by tribal leaders and elders, or they could be asked to leave the group. Today people on or off an Indian Reservation will follow orders, laws and rules that are written or unwritten. Officer Harris is a good man with a job to protect and serve on a unique piece of tribal land that requires two set of laws. The Chief and the Governor received legal counsel before issuing orders to staff and officers. The only person that is free today is the Rhode Island governor. He has a free pass from testifying. All but the Chief Sachem should be acquitted of all charges. Chief Sachem and the Governor should go head to head with layers. Part of the sentencing could be that both leaders being at fault due to poor legal counsel or self arrogance will do one thousand hours of community service in each others backyard. Can you see the Governor working in Charlestown on the Reservation, repenting for his wrongs he committed to his local sovereign nation and the pride of its people?

Dbrown | March 27, 2008 6:22 PM link

If the governor is looking for money thats being wasted and abused he should start with whoever is being paided to train the state police, complete animals, and then lets waste some more money on putting the Narr. Indians on trial. Typical R.I. Political NON-SENCE. Hopefully the jury see's thru all this BS and finds them not guilty.

Mark | March 27, 2008 7:04 PM link

No matter who is right or wrong, the RI State Police still look like a bunch of Brown Shirts using strong arm tactics to uphold the 'law'. Mind as well place yourself back in Nazi Germany 75 years ago with the same outcome - that's what I call living in the land of the free - a democracy if you want to call it that.

Ted Lewandowski | March 27, 2008 10:46 PM link

from what i have read and seen on the news, state police acted like common thugs, it is understandable taxes need to be collected for there sale of cigarettes,if we go to canada we have to make claim for what we bring back to the u.s., we pay it is all done i have been there i didn't get beat up at all just my wallet. why didn't r.i. taxation put a office trailer at the entances and collect from the people leaving the indian land it would have been legal and peaceful and we wouldn't be spending money on a trail or the money we would have saved on the state police payroll which we are still paying them to attend the hearings on the matter. the govenor and lynch should be brought up on charges for mismanagement
but all of our officials can't be held accountable for there stupidity good example the fire marshall from the w.warw. night club fire

but this is rhode island you can buy anybody in politics

bill | March 27, 2008 10:58 PM link

The problem is that the tribes former leadership essentially signed away their rights to sovereign rule when they allowed state civil and criminal law to rule.

Tony P | March 28, 2008 12:47 AM link

This could of been handled civilly . A phone call to advise what the concern was. A meeting to address matter. Did Gvernor Carcieri really tell troopers not to use physical force?? Judge Lisi stated it's a disgrace the way native americans are treated in this state! Something like waco. There were many ways of discussing this matter without bloodshed. The native americans have been embattled ever since the white man landed. Their treated as inferior citizens.Kept on reservations. The government was holding their money in millions for yrs stating the tribe was unable to care handle it. Then one day it vanished ,no one arrested, no money returned it. What was that? It's a Crime. This attack also but the Governor should be arrested. He hates them , the people in Charlestown DO ALSO. I am not native american. I am 2nd generation Irish and do identify with this persecution and discrimination. I personally express apologies to the tribe in behalf of those who would rather despise and destroy them.
Hopefully someday things will change for them . This injustice just has to stop. We cannot preach human/civil rights to others unless we step to same tune.

MASSACRE AGAIN | March 28, 2008 2:12 AM link

In viewing the 35 seconds of raw video posted by WPRI I heard the Tribal Police Officer no less than 8 times say, "excuse me.. federal papers, federal papers, federal papers". Seems to me that it isnt the tribe who should be on trial here its the State of RI that should be on trial.

Jon Burrows | March 28, 2008 2:37 AM link

If someone came barging onto my land and into my house without producing a warrant when I asked repeatedly, I would probably resist, too. You cannot reasonably be expected to simply trust that a government which has demonstrated repeatedly that it is hostile to your family has the authority that it claims it does. They are legally required to prove it upon request, and it's clear that they did not.
Face it-- the Governor chose to go the route he did (state warrant) because he didn't want to risk losing control of the process and the aftermath of the raid to the jurisdiction of the Federal courts. Instead, he chose to spend a LOT of the taxpayers' money prosecuting several of our citizens for misdemeanors via a trial lasting numerous weeks, with years of preparation, while at the same time crying about having to make terrible choices about whose health benefits to cut due to the budget crisis that (by the way) he helped create through his corporate tax breaks. If you voted for this man, you should hang your head in shame. He is proving, again and again, that he has very poor judgement and misplaced priorities.

Kelly | March 28, 2008 6:46 AM link

The Narraganetts through their chief say they are a peaceable people, but I and many others can without a doubt refute that here in their home turf - combative, rude, and in your face would be better descriptives. Come down to south county locales folks and work/play sports and go to school with the majority of them - not just for one of their festivals - you'll change your tune. I've seen the sense of entitlement and physical combativeness kicked up in a heartbeat over nothing - check the videos - they are not such innocent citizens of the world. They also say they are the best stewards of their lands - Criky if polluting and dumping garbage in your own and your neighbor's yard is good land stewardship, please phone Merriam and Webster and have them change the definition. Much of their property and areas around are reated like a latrine. Read the Bureau of Indian Affairs laws - Fish and Game and Pollution laws are the only ones that require a federal warrent - all other statutes and regulations are enforceable by the state power vested with law enforcement - that would be - hmmm you guessed it The State Police - and yes folks we (taxpayers) are paying for their lawyers!!! Double sting -- ouch to us!!!!!

Cedric E. | March 28, 2008 6:58 AM link

Dear People of the State of Rhode Island. Shame on you for acting like You are better than the People of my tribe! I am from the Narragansett Indian Tribe. I went to school. I was a Nurse for more than 35 years in the state of Rhode Island. I may have treated many and anyone of you out there, AND, I treated you with the care I would give my own family. My children are all educated and have respectful jobs. Yes, there are many poor people in our tribe. And yes, we do get some money from the United States Government, but it is not alot. It is not enough for our people to live on. AND we are not ALL looking for handouts! It is like the welfare that many of you recieve, but much less. You that recieve it know you have a very hard time surviving on what little bit it is. Many of my people are Educators, Nurses, Electricians, Industrial Plumbers, Painters, Stone wall builders, House builders and so on. We are just like you, and have probably taught you, taken care of you and built for you and you never knew it! By the way. GOT LAND? Thank an Indian! You are probably walking and living on our sacred grounds. We were here before you. We grew our crops and taught you how to survive. We fished the many waters that we can not even get to anymore! We watched you arrive on our shores. The stories of your arrival have been passed down verbaly from our Ancestors that survived from the wars your ancestors started just to take over our land as they tried to remove us to extinction. Now you say, we don't have any rights! Think again. We didn't go to your country. We didn't overtake YOUR land! You took ours and you keep on taking! You say "we paid you for the land" NO, you robbed our land. We can't even go to the shore anymore with out either paying or having someone tell us to "Hey, get off my land!" Again, We didn't go to your country. You came to ours! Shame on you that feel we don't belong here! You not only took our land, you took away our language and you tried to get rid of us! But,guess what People! WE ARE STILL HERE and becoming stronger every day. You say to the Spanish, that this is an "English Speaking Country" Well, it is now but it wasn't prior to 1600! We all spoke our native tongue until that fatefull day the Europeans arrived! Think about it people! I am very PROUD to be indiginous and Naragansett! I support my tribe! Thank you to those of you that are in support of us, may you recieve great blessings from our Creator!

Ollie Best | March 30, 2008 11:50 PM link

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