PROVIDENCE — Superior Court Judge Susan E. McGuirl had stern words yesterday about the pace and thoroughness of the state’s efforts to turn over evidence in preparation for the trial of seven Narragansett Indians charged in the 2003 state police raid on a tribal smoke shop.

“We’ve spent an entire month on discovery that was supposed to be done without the court’s intervention,” McGuirl said.

Defense lawyers subpoenaed state police last month to produce all documents related to the raid after they said they grew suspicious about the absence of reports from high-ranking officers at the scene. In response to that subpoena and a court order that officers inspect their computer and paper files, the state has provided hundreds of pages of e-mails, several witness statements, a civilian complaint, and recorded comments of one of the defendants — some that came in after what would have been the start of the trial.

“There’s no assurance they have all the statements now,” McGuirl said.

McGuirl’s comments came as she heard arguments about whether a forensic investigator should be appointed to look into recovering files that might have been deleted from the state police computer system.

Defense lawyers argue they are entitled to any information and that the state should bear the estimated $20,000 to $50,000 cost of recovering the files. Prosecutors say any such documents, if they exist, amount to lost evidence, which the state is not legally obliged to produce. McGuirl is scheduled to rule on the issue today.

Of concern are computer files retired Inspector Gary Treml says he used to conduct the internal investigation into the raid. Treml testified twice that he believed he relied on computerized witness statements as well as hand-delivered accounts from some of the 51 officers involved. No e-mails to or from Treml have been turned over by the state police.

James Shea, who manages the state police computers, testified Wednesday that he asked Treml if he wished to save files when he retired shortly after the raid. He then asked his replacement, Inspector Stephen Bannon, if he wants to preserve his predecessor’s files. When both said no, he said he deleted all Treml’s files — as is standard practice.

Defense lawyers are asking McGuirl to name an impartial “special master” — possibly with a law-enforcement background — to investigate whether those files can be recovered.

“This is a case where they have obligations and this information should be provided to defendants in the case,” said William P. Devereaux, representing six of the tribe members.

McGuirl pressed Devereaux about what he expected to find.

“You don’t have a paper case here. You have live witnesses,” McGuirl said. Any evidence would likely be used only for cross-examination, she said. “You have to consider the probative value of this evidence.”

Defense lawyers have questioned why they have not received a report from retired Maj. John Leyden, who oversaw the raid.

Prosecutors raised security concerns about such a search for computer records. The state police computer system would have to be shut down for up to 24 hours, raising public safety issues.

“We’re talking about interrupting ongoing state police operations,” Special Assistant Attorney General John Moreira said.

Plus, he said, there isn’t proof a search would produce evidence worthy of such an invasive procedure — particularly when the files were deleted four years ago; backup files have been overwritten weekly since, and a server has been replaced.

Shea testified that it’s highly unlikely documents can be recovered, while a defense witness has said they could.

“I think the problem is we don’t know if anything’s out there; we don’t know if it’s retrievable,” McGuirl said.

Special Assistant Attorney General Pamela Chin questioned Treml’s recollections, adding that if files did exist they amount to lost evidence and are not a violation of court discovery rules. “From the state’s position, it’s not a thing we could turn over.”

The state police executed a search warrant on a tribal smoke shop in July 14, 2003, to stop the tribe from selling cigarettes without charging Rhode Island taxes. The raid turned violent. Seven Narragansetts, including Chief Sachem Matthew Thomas, are awaiting trial on misdemeanor charges related to the raid.

McGuirl will hear arguments Monday on a defense motion that the cases should be dismissed because of the state’s delay in providing evidence. The trial is set to begin Feb. 25, if it proceeds.

kmulvane@projo.com