PROVIDENCE — Governor Carcieri must testify in the criminal trial of seven Narragansett Indians arrested in the July 2003 smoke-shop raid, a Providence County Superior Court judge ruled yesterday.

Judge Susan E. McGuirl said the tribal members’ rights to due process outweighed the governor’s claim of executive privilege, particularly since he made numerous public statements following the raid.

“The rights of criminal defendants must be protected,” she said.

But the judge limited any questioning to the instructions Carcieri gave Col. Steven M. Pare, then superintendent of the state police, in the days leading up to the raid.

Carcieri ordered the state police to execute a search and seizure warrant on the roadside smoke shop after learning the tribe was selling cigarettes without charging Rhode Island taxes. The raid, on July 14, 2003, erupted into a violent clash as cameras rolled when officers met resistance as they came onto Narragansett Indian land in Charlestown.

At a news conference the following day, Carcieri said he had directed the state police to withdraw if they met any resistance. Pare denied ever receiving those instructions on the stand earlier this week, but said there was an understanding no one should get hurt or killed over untaxed cigarettes.

Seven tribal members, including Chief Sachem Matthew Thomas, face misdemeanor charges of resisting arrest, assault, obstruction and disorderly conduct. They are set to go to trial Sept. 17.

The governor’s office had not decided whether to appeal the ruling late yesterday.

“We are disappointed by Judge McGuirl’s decision. We believe that the Governor’s testimony is not relevant to the criminal trial of the seven individuals,” Carcieri’s spokesman Michael Maynard said in a statement. “Furthermore, even if the testimony were relevant we believe that the defendants have access to the same information that they are seeking without requiring the governor’s personal testimony.”

He added: “Whatever the final disposition, it is important to remember that this trial is not about the governor’s actions but about the actions of the defendants.”

In ruling, McGuirl noted that no cases involving executive privilege, shielding a governor from having to testify, had been heard in Rhode Island and few similar instances could be found nationwide.

She dismissed arguments by the governor’s lawyer, Marc DeSisto, that the information could come from recorded statements Carcieri made to the media or staff members involved in planning the raid.

Borrowing a line from defense lawyer William P. Devereaux, she described that as the equivalent of “trial by boombox.” The tribal members were entitled to cross-examine as well as present witnesses and the governor had “official and direct” knowledge of the events.

“The governor clearly is the best witness,” she said.

The judge said she did not believe the decision would invite countless requests for the governor to take the stand nor would it compromise the private, internal discussions that took place.

It is not fair to make public statements and then not testify, she said.

The governor has 20 days to appeal.

kmulvane@projo.com