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« Beaches in Scituate and Warwick are reopened | Today | Update: 2 Mass. men victims of Smithfield crash » August 3, 2007Update: Carcieri can be made to testify about raidPROVIDENCE -- Judge Susan E. McGuirl ruled this afternoon that defense lawyers can compel Governor Carcieri to testify in the Narragansett Indian smoke-shop raid case going to trial on Sept. 17. But the Superior Court judge also said the testimony must be limited to the instructions the governor gave that day to Col. Steven M. Pare, at the time the state police superintendent. Carcieri ordered the state police to use a search warrant on the roadside shop on tribal land in Charlestown on July 14, 2003, after learning the tribe was selling cigarettes without charging Rhode Island taxes. The raid turned into a violent clash when officers met resistance as they came onto Narragansett Indian land. The governor has not yet decided whether to appeal today's ruling. “We are disappointed by Judge McGuirl’s decision," Michael Maynard, a spokesman for Carcieri, said in a statement. "We believe that the governor’s testimony is not relevant to the criminal trial of the seven individuals. 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.” The statement goes on to say that "it is important to remember that this trial is not about the governor’s actions but about the actions of the defendants.” Yesterday, McGuirl decided that jurors weighing the criminal charges against seven Narragansett Indians arrested in the raid will hear testimony about the orders that led to that confrontation. McGuirl ruled that defense lawyers can question witnesses about the instructions state troopers received that day. Repeatedly, the governor said he directed the state police to withdraw if they met resistance. Pare told the court this week that he never received such instructions. -- projo.com staff writer Michael P. McKinney, with reports from Journal staff writer Katie Mulvaney and Journal archival reports Lawyers for the tribal members subpoenaed Carcieri Wednesday to testify next month at the criminal trials of the Narragansetts arrested during the raid. Seven Narragansetts, including Chief Sachem Matthew Thomas, face misdemeanor charges, including resisting arrest, obstruction, disorderly conduct and assault. They face up to a year in jail and a $1,000 fine. A lawyer for the governor is fighting the subpoena, arguing that high-ranking public officials should be able to carry out their duties without fear of being called to testify. Posted by Mike McKinney Commentsanthony | August 3, 2007 3:50 PM link the governor should have be treated just like everyone else and go on the stand if he is telling the truth and not hiding anything. kris | August 3, 2007 3:52 PM link the governor should be treated just like everyone else and go on the stand if he is telling the truth and not hiding anything. kris | August 3, 2007 3:52 PM link Post a commentPlease be civil. Vicious comments, personal attacks and profanity won't be published. Name and email are required; email address will not publish. |
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ProJo 9 to 5 News Blog
Oct 2005 - March 2006
I think the governor should testify.