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Lawyers to give closing arguments in smoke shop trial

Email|Print|Single Page| Text size + By Eric Tucker
Associated Press Writer / March 30, 2008

PROVIDENCE, R.I.—A jury was set to hear closing arguments Monday in the trial of seven Narragansett Indians arrested during a state police raid on a tribal smoke shop five years ago.

The seven, including Chief Sachem Matthew Thomas, are on trial for allegedly resisting arrest or scuffling with police officers who raided the shop in July 2003 because it was selling tax-free cigarettes.

Thomas, the final defense witness, testified Thursday in Providence Superior Court.

He said he expected a legal fight after the shop opened, even telling members of the governor's staff that he would see them in court, but that he didn't know a raid was being planned.

He also said the troopers didn't show him a warrant despite his repeated demands to see it.

The Narragansetts opened the shop on tribal land in Charlestown on July 12, 2003. The state police obtained a warrant to search the shop, and two days after it opened, raided the business in a conflict that quickly turned violent and was filmed by TV news crews.

Prosecutors have argued that the Narragansetts broke the law by becoming physical with the troopers and say the officers were merely trying to carry out a court-approved warrant.

Several troopers testified that tribe members became violent with them as soon as they entered the property.

But the four defendants who testified said police used excessive force. One said he suffered a broken ankle and another said a knee was thrust into her groin.

The seven defendants face misdemeanor counts ranging from disorderly conduct to assault.

Each count carries a maximum sentence of one year in prison, but lawyers say there's little chance that any of the defendants would be sent to jail if convicted.

The shop was conceived as a money-making venture for a tribe that has grappled with poverty. Thomas said the Narragansetts -- Rhode Island's only federally recognized American Indian tribe -- believed they had the right to open the business on tribal lands.

A federal appeals court later ruled the shop was operating illegally.

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