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The Narragansett Indian smoke shop

Search Legal Notices

State police turn in e-mails

12:10 AM EST on Tuesday, January 29, 2008

By Katie Mulvaney

Journal Staff Writer

PROVIDENCE — More than a week after what would have been the start of the trial and after being ordered to do so by the court, the state police yesterday turned over hundreds of pages of documents related to the 2003 raid on a Narragansett Indian smoke shop.

The state police gave Judge Susan E. McGuirl 213 pages, mostly e-mails, after she ordered them to examine all computer and paper files over the weekend to ensure that all relevant material had been disclosed.

Defense lawyers subpoenaed the state police earlier this month, saying they were concerned that all evidence had not been released. Prosecutors had told the court they had shared all relevant material.

In response, state police turned over dozens of documents, including its internal investigation into the raid, as well as witness statements from commanding officers. McGuirl agreed to delay the trial, slated to start Jan. 16, and began taking testimony last week on a defense motion that the case should be dismissed because of the state’s delay in releasing the information.

Prosecutors are required by law to disclose all evidence that could be used to prove a defendant’s innocence.

McGuirl will hear arguments on that motion Friday. Computer experts for the state and the defense will tell the court at that time whether they think deleted items can be retrieved from state police computers.

Retired state police Inspector Gary S. Treml testified Friday that he stored any computerized witness statements from the 51 officers who participated in the raid in a file on his computer. Treml, who was also at the scene in July 2003, wrote the internal report weeks later that concluded troopers “acted appropriately” with “the lowest level of force” in their raid on the smoke shop.

Treml was replaced by Inspector Stephen Bannon, who told the court Friday that he had found the investigation and witness statements in a binder on a conference room shelf after being subpoenaed.

The state police executed a search warrant on the tribal smoke shop in Charlestown at Governor Carcieri’s order on July 14, 2003, to halt the Narragansetts from selling cigarettes without charging Rhode Island taxes. The raid escalated into a confrontation that left at least eight people injured. Seven Narragansetts, including Chief Sachem Matthew Thomas, were arrested and are awaiting trial now set for Feb. 25 on misdemeanor charges of assault, disorderly conduct and resisting arrest.

In addition, state prosecutors subpoenaed Victoria Arocho, an Associated Press and freelance photographer, for photos taken during the raid. The AP is expected to fight the subpoena. One of the documents released after the subpoena is a complaint Arocho filed with the state police following the raid accusing a captain of grabbing her.

kmulvane@projo.com