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March 5, 2008

Smoke-shop trial: Sgt. didn't have time to show warrant

Journal photo / Mary Murphy
State police Sgt. Donald F. Devine Jr. points to the video screen with a laser pointer as he continues his testimony in the smoke-shop trial.

PROVIDENCE -- State police Sgt. Donald F. Devine Jr. testified today that he did not show a copy of the search warrant until 10 minutes into the raid on a Narragansett Indian smoke shop in July 2003 because he didn’t have time.

“There was no time,” he said. “The scene was not secure.”

Devine’s comments came under redirect by prosecutors during his third day on the stand in the trial of seven Narragansetts on trial for resisting and struggling with state police as they executed a search and seizure on the roadside store in Charlestown.

Devine, who was working undercover, said he was dealing with four upset people inside the shop at the same time incidents were occurring between troopers and Narragansetts outside.

Asked by Special Assistant Attorney General Maria Deaton why he didn’t present the warrant to Chief Sachem Matthew Thomas, Devine said he heard Thomas tell tribal members not to accept any papers.

Video footage shown in court yesterday showed Thomas yelling repeatedly for the police to show him the papers.

“His comments weren’t made to me and there were other officers dealing with him at the time,” Devine said today.

Thomas and six other Narragansett Indians are on trial in Providence Superior Court for misdemeanor charges that include resisting arrest, assault and disorderly conduct. Devine’s testimony will continue this afternoon.

Extra: Continuing coverage of the raid and its aftermath, including photographs and video.

-- Journal staff writer Katie Mulvaney

Posted by Jack Perry  at 2:04 PM | Permalink

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