The Narragansett Indian smoke shop
State rests its case against Narragansetts
01:00 AM EDT on Wednesday, March 19, 2008
PROVIDENCE — The state rested its case yesterday in the trial of seven Narragansett Indians arrested when the state police raided a tribal smoke shop with testimony from a detective who helped handcuff one of the defendants.
Detective Shari Russell was the last of 12 state police officers to take the stand for prosecutors over as many days in Superior Court. Jurors have heard from sergeants, lieutenants and numerous detectives and troopers.
At Governor Carcieri’s orders, the state police executed a search and seizure warrant July 14, 2003, to stop the tribe from selling tax-free cigarettes on tribal land in Charlestown. The raid turned into a violent confrontation. Seven Narragansetts, including Chief Sachem Matthew Thomas, face misdemeanor charges of disorderly conduct, resisting arrest and assault.
Russell described coming upon Detective Timothy Sanzi struggling to put handcuffs on Tribal Councilman John Brown in the woods near the smoke shop. Brown was not complying with Sanzi’s commands to show his hands and stop resisting, she said in response to questions from Special Assistant Attorney General Maria Deaton.
They pulled his hands free and when she tried to take him to a cruiser, he told her he was not going and that she would have to do what she had to do, she said.
With another trooper’s assistance, she stood him up and began walking toward the police cars. He said he wouldn’t leave until he spoke with his chief, said Russell, who was not aware at the time that the Narragansett tribe had a government.
A highly agitated and argumentative Thomas approached Brown, impeding their path, she said. Other troopers intervened and Brown was placed in a Charlestown cruiser.
Under questioning by defense lawyer William P. Devereaux, Russell could not recall which troopers approached Thomas at that time. She said she never saw any officers face-to-face with Thomas.
She recalled definitively that Brown had not shared with her concerns about his high-blood pressure during their interactions. “It didn’t occur,” she said.
Lt. Robert Mackisey also wrapped up his testimony, with Devereaux continuing to contrast it with a statement he wrote immediately following the raid. Mackisey was involved in the arrests of three of the defendants, including Thomas, and struggled with Brown.
Shown video taken by news crews on the scene, Mackisey realized he was the officer who brought Brown to the ground in the woods, not Sanzi, as he said earlier. “I believe we’re both taking each other to the ground,” he said.
Mackisey testified that he brought First Councilman Randy Noka to the ground after he saw him grab a trooper by the waist. Mackisey didn’t know who the trooper was, but said he was white. He later named Kenneth Jones as the officer Noka grabbed. Jones is black.
He described Noka as “fairly compliant” after an initial struggle and very cooperative when his wife, Bella Noka, was being placed under arrest. He repeated his contention that he took it easy on Bella Noka after her family members screamed that she was pregnant.
Randy shook his head yesterday as they viewed photos of Bella Noka on the ground with Mackisey above her.
“I gave her every consideration,” Mackisey said.
When Devereaux argued Bella Noka was in a fetal position, Mackisey said, from his perspective, she was trying to prevent him from cuffing her by tucking her hands to her stomach.
Devereaux showed video of Thomas yelling into the cameras about the way the raid was conducted with police dogs and putting children at risk. “Fight us in court,” he said as he approached Russell leading Brown away and asked why he’s being arrested.
Mackisey puts his hand on Thomas’ chest in the footage, with Thomas responding “Get your hands off of me” and “you’re assaulting me.”
Mackisey told the court that Thomas resisted him by pushing forward. He then agreed that Detective Kevin Barry had pushed Thomas forward.
Under questioning by defense lawyer Kevin Bristow, Mackisey also conceded there were no images of troopers being taken to the ground as he wrote in his statement.
Defense lawyers this morning will argue before Judge Susan E. McGuirl that the state did not prove its case and the tribal members should be acquitted. Deaton and Special Assistant Attorney General Pamela Chin will present counter-arguments.
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