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March 31, 2008
Smoke-shop case: Prosecution: Tribe expected raid
PROVIDENCE -- A prosecutor said in closing arguments this afternoon that Narragansett tribal members knew state police were coming on July 14, 2003, and orchestrated events to cause the state embarassment when the police raid on the tribal smoke shop turned into a scuffle.
Special Assistant Attorney General Maria Deaton told a Providence County Superior Court jury that state police used minimum amount of force to restrain those who were attacking them.
She pressed the theme that this is a nation of laws, not of men, saying you cannot pick and choose when laws apply to you.
The prosecutor argued that the seven defendants -- who are all members of the Narragansett Indian tribe including Chief Sachem Matthew Thomas -- want the jury to give them a pass because of what their ancestors went through.
The prosecution finished its closing argument this afternoon; the two defense lawyers gave their closings earlier today.
Tomorrow, Superior Court Judge Susan E. McGuirl will give her instructions to the jury, who will then begin deliberations.
The seven tribal members are accused of resisting and scuffling with state police, who were carrying out the raid at the tax-free tobacco shop on tribal land in Charlestown. The tribal members face several misdemeanor charges including resisting arrest and assault.
Earlier today, following closing arguments by the defense lawyer representing tribal conservation officer Thawn Harris, defense lawyer William P. Devereaux -- who represents the other defendants -- argued the state used excessive force and that tribal members were forced to defend themselves as a result.
Harris's lawyer, Kevin Bristow, called the raid "a politically motivated action by law enforcement" under orders from Governor Carcieri.
Extra: See continuing coverage of the trial, and look back at the raid, in stories, photos and video.
-- projo.com staff writer Michael P. McKinney with reports from Journal staff writer Katie Mulvaney
Update: Wrapping it up in smoke-shop case / Photo
Posted 3 p.m.
Journal photo / Kathy Borchers
Superior Court Judge Susan E. McGuirl listens as defense lawyer William P. Devereaux takes his turn at giving closing arguments today.
PROVIDENCE -- Defense lawyer Kevin Bristow called the 2003 state police raid on a tribal smoke shop "a politically motivated action by law enforcement" under orders from Governor Carcieri, as he kicked off closing arguments in the trial of seven Narragansetts on charges stemming from the raid.
Bristow represents tribal conservation officer Thawn Harris. He was followed by defense lawyer William P. Devereaux, who represents the six other defendants, including Chief Sachem Matthew Thomas.
Prosecution lawyers were expected to present closing arguments this afternoon.
The tribal members are accused of resisting and scuffling with state police, who were carrying out the raid at the tax-free tobacco shop on tribal land in Charlestown.
The defense rested its case Friday afternoon after the Chief Sachem Thomas took the stand in Superior Court to describe July 14, 2003, raid.
Thomas told jurors 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 shop 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.
Extra: See continuing coverage of the trial, and look back at the raid, in stories, photos and video.
Posted by Mike McKinney
at 4:06 PM | Permalink
Dan | March 31, 2008 10:14 PM link
dreamer2 | April 1, 2008 2:40 AM link
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The gov. of Rhode Island is out for blood, because he looked like the idiot he is when he ordered an ill advaised attack on these Indians.
What was the gov's great fear? He didn't want the Indians to become financially prosperous as the tribes in Conn. have. He wants to keep his iNdians poor, drunk, and apathetic. And more importantly, out of plain view. In Carcieri's mind, the Indians need to be humiliated for humiliating him. The nation got to see what kind of idiots Rhode Island votes for and now the state will not rest until they have blood. This is a very troubling prosecution. Self defense in general is virtually illegal in our nation [constitution be damned]. There was once a general legal understanding in our country that citizens are within thier rights to resist illegal police violence. If the cops didn't show the papers, this was illegal. And throwing pregnant women on the ground is not going to get you sympathy anywhere. Whatever the outcome of this trial, the Indians will pay. If they get off then the state will try something else until they are able to humiliate the tribe to the gov's satisfaction. The government has forgotten that the power they exercise is the power given tothem by the People. And we have the right to take it back if the government uses the delegated power to attack and imprison citizens for arbitrary reasons.The right to resist unlawful and oppressive government is foundational to our nations founding. What happened in RI is a sign that the government has gotten out of control and needs to be restricted by the People.
The state has looked stupid and vindictive in this incident. Save the tax payers $ and let these people alone. That's all they want.