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Detective returns to stand in smoke-shop civil case

9:23 AM Wed, Jul 23, 2008 |
Andrea Panciera    Email

PROVIDENCE -- The retrial of a civil case stemming from a broken ankle suffered by a Narragansett tribe member during the 2003 state police raid on the tribal smoke shop goes into its second day today.

State Police Detective Kenneth Bell, who was undercover inside the shop, will return to the stand after being the first police officer to testify yesterday in the case brought by Adam Jennings.

A detective specializing in cyber crime, Bell described having profanities hurled at police when they announced their presence. He said he told an officer to arrest Jennings after his repeated outbursts, including making threats to uniformed officers who came through the door.

Bell's testimony continues today under questioning by Special Assistant Attorney General John Moreira.

At Governor Carcieri's orders, the state police executed a search warrant on the shop July 14, 2003, to stop the Narragansetts from selling tax-free cigarettes. The raid descended into a confrontation that left at least eight people, including Jennings, injured and eight tribe members under arrest.

Jennings filed suit, accusing State Trooper Kennth Jones of violating his civil rights by twisting his ankle until it broke.

It is the second time the case has gone to trial. In 2005, a jury found that Jones used excessive force and battery against Jennings and awarded Jennings $301,000.

U.S. District Judge Ernest Torres overturned that verdict, but the federal appeals court ruled in Jennings' favor, sending the case back to Torres to consider motions he did not rule on after the 2005 trial.

In May, Torres granted the state's motion for a new trial. In ruling, he wrote that the state police testimony proved more believable than that of defense witnesses and Jennings during the 2005 trial.

-- With reports from Journal staff writer Katie Mulvaney

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