Projo 7 to 7 News Blog

PROVIDENCE — The trial of the seven Narragansett Indians arrested in the 2003 state police raid on the tribe’s tax-free smoke shop was delayed today because a juror was sick.

The 12-member jury, with 3 alternates, was to hear the 11th day of testimony in the state’s case against the Narragansetts. Some of the jurors battled illness all week.

Trooper Ann Assumpico will return to the stand when the trial resumes Monday morning. Prosecutors Pamela Chin and Maria Deaton will then conclude the state’s case with the testimony of Lt. Robert MacKisey, who led the state police riot control team that day.

At Governor Carcieri’s orders, dozens of state police executed a search and seizure warrant on the smoke shop July 14, 2003, to stop the tribe from selling tax-free cigarettes from the roadside store on tribal land in Charlestown.

The raid turned into a scuffling match. Seven Narragansetts, including Chief Sachem Matthew Thomas, are on trial for misdemeanor charges of resisting arrest, assault and disorderly conduct in Providence County Superior Court.

Judge Susan E. McGuirl pushed back the trial’s projected end date to April 4, vowing to stretch the days from 9 a.m. to 8 p.m. to accomplish that. She has already moved the daily start to 9:15 a.m. and cut the lunch break to an hour.
“It’s got to be done,” she said while praising the jury for its conscientious attentiveness.

The defense witness list includes state police command staff, namely Major Steven G. O’Donnell and retired Major John J. Leyden Jr. and Capt. Leo Messier, as well as local TV reporters whose crews were filming that day.

Retired Supt. Steven M. Pare is named as a possible witness. Defense lawyers have been trying to build the case that police used excessive force.

-- Journal staff writer Katie Mulvaney

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