PROVIDENCE — Attempts to mediate a plea deal in the criminal cases stemming from the state police raid on a Narragansett Indian smoke shop collapsed yesterday, and both sides are preparing for trial early next year.

Prosecutors, lawyers for the seven Narragansetts facing charges, and Marc DeSisto, representing Governor Carcieri, met yesterday in what would be the final mediation with retired Chief Justice Joseph R. Weisberger.

“Mediation has regrettably come to an end,” Craig N. Berke, court spokesman, said following the hour-long closed session that was also attended by Col. Brendan Doherty and Maj. Steven O’Donnell of the state police. The tribal members were available by phone.

Still to be decided before the criminal trial begins is whether Governor Carcieri will have to testify as to what orders he gave the state police leading up to the raid more than four years ago. A lower court judge ruled that the chief executive must testify, but Carcieri has appealed that ruling to the state Supreme Court.

It was when the high court agreed to hear the governor’s appeal in the fall that the justices strongly urged the parties to resolve the criminal cases through mediation.

The high court’s directive was sharply criticized by the attorney general, a professor at Roger Williams University’s law school and the president of a national association of district attorneys. Mediation is used in civil disputes that lead to monetary settlements, but rarely, if ever, used in criminal cases, they all said. The state Supreme Court’s own rules say that criminal cases are not eligible for mediation. But Berke said the court is free to change its rules.

Yesterday, in acknowledging the failure of mediation to lead to a resolution, the court issued a statement calling the negative reaction to its order “very misguided.”

“The attempt to mediate this dispute is neither outrageous, nor heavy-handed, as some in the media would believe. We are proud of our effort to resolve this dispute short of full litigation. This effort was decent, appropriate and majestic.”

Prosecutors and defense lawyers yesterday said the inability to reach an agreement hinged on the tribal members insistence that they not have to admit guilt and the state’s equal determination that all of the seven defendants, including Chief Sachem Matthew Thomas, be held accountable for their alleged behavior the day of the raid.

“The tribe wanted to end it with dignity and move on,” William P. Devereaux, who represents six of the Narragansetts, said.

The state was not willing to accept anything “short of accountability on all their parts. It was all or none,” said Michael J. Healey, spokesman for the attorney general. “We’re trying to treat them the way we would treat everyone else.”

A trial is scheduled to begin Jan. 7 in Superior Court, Providence. Defense lawyers said yesterday they would seek to delay it to later in the month.

The state police raided the Narragansett smoke shop July 14, 2003, after the tribe began selling cigarettes without charging Rhode Island taxes. The raid turned violent when the police met resistance. Seven adult members of the tribe were arrested on misdemeanor charges that include resisting arrest, simple assault and disorderly conduct.

Devereaux said yesterday that Thomas and tribal councilmen John and Hiawatha Brown were willing to enter an unusual no contest plea called the “Alford plea” in which they would not admit guilt but acknowledge that they could be found guilty at trial.

The four remaining defendants would have agreed to what Devereaux called “not guilty pleas with a filing.” They are First Councilman Randy Noka, his wife, Bella, Adam Jennings, and Thawn Harris, a tribal conservation officer. A filing means the charges would essentially disappear if the defendants do not break the law for a year, lawyers said.

Attorney General Patrick C. Lynch’s office would accept the more common no contest plea that is an admission of guilt. The state would also have agreed to filing the cases for all the defendants, Healey said.

Neither Devereaux nor Healey would disclose what, if any, proposals Weisberger had supported because the mediation process is confidential.

Weisberger said in a statement yesterday that “the essence of mediation is that it is non-coercive. When the parties do not agree, mediation ends.”

Lynch welcomed the return of the cases to Providence County Superior Court. “We’re glad the process is back on track,” Healey said.

Governor Carcieri’s office reiterated opposition to his taking the stand.

“Now that the mediation process has concluded without a resolution, we continue to believe that Governor Carcieri’s testimony is not relevant to this criminal trial of these defendants who are being prosecuted by the attorney general,” said Jeff Neal, his spokesman. “We will continue to make that case before the Supreme Court.”

Berke said that the Supreme Court’s ruling on Carcieri would come in “due course.”

kmulvane@projo.com