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June 17, 2008

Update: Narragansetts face sentencing; new trials denied

Journal photo / Mary Murphy
From left, Narragansett Chief Sachem Matthew Thomas, Randy Noka and Hiawatha Brown listen to arguments for new trials before Superior Court Judge Susan E. McGuirl this morning.

PROVIDENCE -- Three Narragansett Indians convicted of misdemeanors stemming from the state police raid on a tribal smokeshop face sentencing this afternoon, after a judge dismissed a motion for a new trial that included an assertion that a juror pounded a water bottle like a tom-tom.

Superior Court Judge Susan E. McGuirl today denied the motion alleging juror misconduct after rejecting a previous defense motion contending that the evidence did not support their convictions.

Chief Sachem Matthew Thomas, Randy Noka and Hiawatha Brown are scheduled to be sentenced at 2 p.m. They were convicted in April of either disorderly conduct or simple assault.

Defense lawyer William P. Devereaux's juror-misconduct motion also argued that two jurors had been seen talking apart from the other jurors during deliberations.

And he said that, moments before the jury came into court to render its verdict, one juror pounded a water bottle in a way that resembled a tom-tom.

A prosecutor said she had no idea what a tom-tom-like cadence was. The judge indicated she was not sure. (The Random House dictionary defines it as "a monotonous rhythmical drumbeat or similar sound.")

Another part of the juror-misconduct argument said that a juror had referred to defendants as "those people."

Prosecutors responded that the various juror misconduct arguments were mere speculation and assumptions about people's intentions.

Earlier today, Devereaux argued for a new trial in each case separately, saying there wasn't enough evidence to support the convictions. Prosecutors responded, and McGuirl ruled on each case separately, denying the motions.

Defense lawyers have said the three defendants are unlikely to face jail time.

Four other tribe members were acquitted of all charges.

The convictions stem from a July 2003 state police raid on a tribal smoke shop in Charlestown tthat turned violent. State police raided the shop to prevent the Narragansetts from selling cigarettes without collecting state taxes.

Extra: Look back at continuing coverage of the raid, its aftermath and trial, including photos and video.

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

Posted by Mike McKinney  at 2:03 PM | Permalink

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Linda G | June 17, 2008 2:47 PM link

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