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Jurors tour site of smoke-shop raid

01:00 AM EST on Friday, February 29, 2008

By Katie Mulvaney

and Edward FitzpatrickJournal Staff Writers

Defense lawyer Kevin Bristow talks to jurors yesterday at the site of the smoke-shop raid in Charlestown in July 2003.


The Providence Journal / Bob Thayer

CHARLESTOWN — Newly chosen jurors yesterday toured the site of the violent clash that took place in 2003 when the state police raided a Narragansett Indian tribal smoke shop.

Seven tribal members, including Chief Sachem Matthew Thomas, are being tried on misdemeanor charges of resisting arrest, disorderly conduct, obstruction and assault.

A jury was selected yesterday morning after 3½ days of questioning about their views on issues ranging from smoking to the Narragansett Indian tribe’s casino quest.

In the afternoon, the jurors boarded a bus and traveled 35 miles from Providence to Charlestown to tour the site of the small roadside building where, in July 2003, the state police executed a search warrant to stop the Narragansetts from selling tax-free cigarettes.

Images of the violent clash have been widely televised, and yesterday defense lawyers and prosecutors pointed out things that jurors may see in videos, photographs and other evidence that will be presented during the upcoming trial.

At one point, defense lawyer William P. Devereaux asked jurors to look northward on South County Trail, saying, “You will see state police officers coming down this way.” He said distances can be deceiving and things can seem bigger on video.

As the jurors stood by the roadside, defense lawyer Kevin J. Bristow said, “We can’t talk about what evidence there is, but you will see these areas shown.”

As the jurors approached wooden stairs and a landing leading to a smoke-shop entrance, Devereaux said, “There will be reference to a landing. Take note of the size and width of the landing.”

Superior Court Judge Susan E. McGuirl joined the jurors and lawyers in touring the building, and once inside, Devereaux pointed out the short distance between an entryway, a wall and a counter inside the building.

Special Assistant Attorneys General Maria Ferro Deaton and Pamela E. Chin took part in the tour, and the defendants, including Chief Sachem Thomas, were present.

A yellow sign attached to a tree near the roadside read, “Narragansett Indian Tribal Land. Unauthorized Entry Prohibited.”

The tour lasted 14 minutes. On the way to the site, the bus pulled to the side of the road so jurors could see the Narragansett Indian tribal administration offices. And on the way back to the Providence courthouse, the bus pulled into the parking lot of an American Legion hall about mile north of the smoke shop so jurors could see what the state police used as a staging area prior to the raid.

The 16-member panel chosen yesterday includes 12 jurors and 4 alternates, but it hasn’t yet been decided which will serve as the 12 jurors. Ten of the 16 are women. The panel includes a high school principal, special-education director, pest control worker and elementary school clerk.

The trial is expected to last a month, with opening arguments set for this morning in Superior Court, Providence.

The tribal members confirmed, outside the jury’s presence, that they agreed to be tried together and that six would willingly be represented by the same legal team. McGuirl expressed concerns that a joint trial and shared representation could raise conflicts and jeopardize their individual interests.

Devereaux and Gary Pelletier are representing Thomas, First Tribal Councilman Randy Noka and his wife Bella, Tribal Councilman John Brown, his brother, Councilman Hiawatha Brown and Adam Jennings. Bristow is representing Thawn Harris, a tribal conservation officer.

“The matter cannot be subdivided into parts,” said John Brown. “As parts of a sovereign, we are all integrally involved.”

efitzpat@projo.com