Courts
Still no verdict in trial of raid on smoke-shop
01:00 AM EDT on Friday, April 4, 2008
PROVIDENCE — A Superior Court jury failed to reach a verdict again yesterday in the criminal trial of seven Narragansett Indians arrested when the state police raided a tribal smoke shop in July 2003.
The seven women and five men began deliberating Tuesday afternoon and were excused Wednesday after a putting in a full day. Judge Susan E. McGuirl advised them to go home and “clear their heads.”
During the deliberations Wednesday, the panel gave the judge two notes, the first saying it had reached agreement on 12 counts, but wanted clarification on the application of self-defense, according to lawyer Gary Pelletier, who is part of the team representing six of the tribe members. Shortly after receiving the clarification, they sent McGuirl another note saying they were deadlocked on everything, he said.
The jurors resumed deliberations around noon yesterday after McGuirl gave them instructions for the second time about how they should evaluate the charges. She urged them to talk more and to listen to each other, saying “You need to keep your minds open.”
“It is not simple. It is not an easy job to do,” she said. “It is a job you’ve been given and I expect you to do it.”
Before renewing the instructions, McGuirl met in chambers with defense lawyers and prosecutors for close to two hours. During that time, five of the jurors were interviewed, Pelletier said.
The jury heard from 25 witnesses over 16 days before beginning deliberations on the 17 misdemeanor counts facing the Narragansetts.
The state police executed a search and seizure warrant to stop the tribe from selling cigarettes without charging Rhode Island taxes from a roadside shop on tribal land in Charlestown. The action erupted into violent confrontation.
Seven Narragansetts, including Chief Sachem Matthew Thomas, face a combination of charges that include disorderly conduct, resisting arrest, simple assault and obstruction.
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