PROVIDENCE — Superior Court testimony yesterday portrayed the state police process for collecting, and turning over, evidence in preparation for the trial of seven Narragansett Indians charged in the 2003 smoke-shop raid as haphazard and less-than rigorous.

Two state police officials testified that “it didn’t occur” to them to provide defense lawyers with the internal investigation into the raid or the witness statements that led to that report — until being subpoenaed by defense lawyers. One said he had placed that file on a bookshelf, where it remained until two weeks ago.

“It didn’t occur to me,” Sgt. Donald Devine said under questioning by Judge Susan E. McGuirl. “It was an oversight on my part.”

After listening to Devine speak about why he also failed to turn over internal affairs files based on complaints about the raid, McGuirl said she was incredulous that such documents weren’t automatically disclosed, not just in that case, but with all cases. She asked why he did not conduct a broader search for documents.

“If you don’t ask, how are you going to have the knowledge?” she said. Devine is the officer in charge of providing documents to prosecutors.

McGuirl yesterday ordered the state police to inspect the department’s e-mail and paper files over the weekend to ensure that all relevant information has been disclosed. In addition, she asked the state police and the defense to bring in computer experts on Monday morning to determine if there is any way to retrieve files that might have been deleted.

Prosecutors are required by law to turn over any evidence that might help prove a defendant’s innocence.

Defense lawyers have asked McGuirl to dismiss the cases because of the delay in the document’s release. The judge took testimony on the motion two days this week, but has not ruled.

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

In response to questions from Special Assistant Attorney Pamela Chin, Devine acknowledged yesterday that she had repeatedly asked him to check to make sure he had produced all files for the court. Prosecutors told the court before the subpoena that they turned over all the relevant documents.

“To the best of my knowledge they assumed I had everything. To the best of my knowledge I did,” Devine said.

On Jan. 11, after being subpoenaed and days before the trial was to begin, state police turned over surreptitiously recorded comments of Bella Noka, one of the tribal members charged, as well as a complaint by an Associated Press photographer that a captain grabbed her breast during the raid. Devine and other state police officials have testified that internal affairs files, which are confidential, are rarely used at a criminal trial.

State police reported earlier this week that as yet-undisclosed e-mails had also been found.

Also included in the subpoenaed documents was a witness statement from Maj. Steven G. O’Donnell, one of the commanders at the raid, that was longer than the version received by the defense. Inspector Stephen Bannon testified yesterday that the longer statement was in a binder left in his office when his predecessor retired that he then put on a shelf. The binder included a state police investigation by retired Inspector Gary Treml into the raid and statements from 33 troopers involved.

Bannon, the fifth-ranking state police official, said he did not think to produce that report or call Treml about whether any other documents were available.

“I didn’t feel the need, sir,” he said in response to defense questions.

McGuirl instructed Bannon yesterday to go through all his files to make sure that all documents had been released.

kmulvane@projo.com