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June 19, 2008

Sentencing expected soon in tribal smoke-shop case

PROVIDENCE -- Sentencing is expected shortly for three Narragansett Indian tribal members convicted of assaulting and scuffling with state police during the 2003 raid on a tribal smoke shop.

The defense lawyer for the three asked for leniency at a sentencing hearing before Superior Court Judge Susan E. McGuirl today, referencing the tribe's historically troubled relationship with the state.

"Isn't it time for us, the state of Rhode Island, to step for forward and extend a hand to them," said defense lawyer William Devereaux.

But Pamela Chin, the prosecutor, is asking that the three be held responsible for their actions that day and she said that they had been spoiling for a fight that day.

"These are the tribal leaders, these are the people leading people, and they led them into a fight with state police," said Chin.

For Chief Sachem Matthew Thomas, the state asking for probation and community service.

The state is asking that Hiawatha Brown get one-year suspended sentence with probation for the assault charge, and six months suspended with probation for the disorderly conduct. For Randy Noka, the state is asking fror a six-month probation with 25 hours of community service.

Each tribal member spoke on his own behalf.

The sentencing comes two days after McGuirl denied two bids for a new trial for the three. She rejected defense lawyers’ arguments that the jury was tainted by racial bias.

She also denied another motion for a new trial that asserted that the prosecutors had not produced enough evidence to convict.

-- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer Katie Mulvaney

Posted by Mike McKinney  at 11:38 AM | Permalink

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