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The Narragansett Indian smoke shop

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Trooper’s trial begins next week

01:00 AM EDT on Wednesday, July 16, 2008

By Katie Mulvaney

Journal Staff Writer

PROVIDENCE — A jury of six women and two men next Tuesday will begin hearing the second civil trial of Kenneth Jones, the state trooper accused of violating a Narragansett tribe member’s civil rights by twisting his ankle until it broke during the state police raid on a tribal smoke shop.

The eight-member jury was picked in U.S. District Court yesterday after questioning from U.S. Magistrate Judge Lincoln D. Almond about topics ranging from their exposure to media coverage of the raid and recent criminal trial of seven Narragansetts charged that day to whether they had friends and family in law enforcement. The panel includes a retired school teacher, a corporate lawyer and a supermarket retail sales associate as well as several retirees.

Chief U.S. District Judge Mary M. Lisi will preside over the trial, which is expected to take a week.

At Governor Carcieri’s orders, state police executed a search warrant July 14, 2003, on tribal land in Charlestown to stop the Narragansetts from selling tax-free cigarettes. The raid descended into a confrontation that left at least eight people, including Adam Jennings, injured and eight tribe members under arrest.

Jennings, of Hope Valley, had previously had surgery on the ankle that was broken during the confrontation.

Jennings, who was working inside the shop that day, his mother and another shop worker filed a federal suit that accused former state police Col. Stephen M. Pare, Jones and six other troopers of violating their rights and using excessive force when they executed the warrant on the roadside shop.

U.S. District Judge Ernest C. Torres dismissed most of the claims, but a jury in 2005 found that Jones used excessive force and battery when he twisted Jennings’ ankle during his arrest. The jury awarded Jennings $301,000.

Torres overturned that verdict, but the federal appeals court ruled in Jennings’ favor, sending the case back to Torres to consider motions he did not rule on after the 2005 trial.

In May, Torres granted the state’s motion for a new trial. In ruling, he wrote that the state police testimony proved more believable than that of defense witnesses and Jennings during the 2005 trial.

Jennings was one of four Narragansetts acquitted of criminal charges related to the raid following a six-week trial in state Superior Court this year. That jury found three others, including Chief Sachem Matthew Thomas, guilty of misdemeanor crimes for their actions.

Jones, who has served 10 years on the state police, said at that trial that the force he used in placing Jennings under arrest was consistent with the resistance he encountered from Jennings.

kmulvane@projo.com

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