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Main Page Former State Police Head Testifies About Raid
(Click here to view the original thread on the MassCops Message Board)

Posted by: kwflatbed

PROVIDENCE -- The former head of the state police directly contradicted Gov. Don Carcieri while testifying Tuesday about the raid on the Narragansett Indian smoke shop.
Seven tribal members, including the chief sachem, are awaiting trial on mostly misdemeanor charges that they resisted arrest or fought with the troopers who were assigned to carry out the raid four years ago.
News cameras captured state troopers tangling with members of the tribe as the state police entered tribal lands on July 14, 2003, to shut down the tribe's smoke shop.
The Indians' lawyers want to put Carcieri on the witness stand to testify under oath because they said it matters what orders were given to the troopers. One aspect of the defense is the idea that the troopers exceeded their authority based on the orders of the governor.
Carcieri told the state his intentions in a news conference two days after the raid.
"If any resistance were encountered, the state police were to withdraw," Carcieri said July 16, 2003.
But Steven Paré, who was the superintendent of the Rhode Island State Police at the time of the raid, denied being given any such order in his testimony during a pretrial hearing Tuesday.
"I was not instructed to withdraw if the state police were met with any resistance," Paré testified. "Every search warrant, potentially, you're met with resistance. So under the conditions, it would have been impossible for us to execute a search warrant."
William Devereaux, the lawyer for the Indians, explained why the governor's testimony could be relevant.
"That he had given specific instructions to the state police that they were to withdraw if any resistance was met we believe limited the authority of the state police because the governor is the chief executive officer of the state," Devereaux said.
Lawyers for Carcieri were not available for comment on the attempt to get the governor into court. They did tell Judge Susan McGuirl that his orders have nothing to do with whether tribal members were resisting troopers that day.
"The governor's testimony has no relevance at a criminal trial," Carcieri spokesman Jeff Neal said.
Carcieri ordered the raid of the smoke shop in Charlestown because it was not collecting state-mandated taxes on its cigarettes.
McGuirl told lawyers to return Thursday to make their arguments regarding the relevance of the governor's testimony. She said she will rule then on whether Carcieri can be subpoenaed.

Video: http://www.turnto10.com/northeast/ja...7-31-0003.html

Posted by: bbelichick

Quote:

Originally Posted by kwflatbed

Carcieri told the state his intentions in a news conference two days after the raid.
"If any resistance were encountered, the state police were to withdraw," Carcieri said July 16, 2003.

What a lying, backpedaling piece of crap.

No supervisor would ever agree to those terms. It would be impossible to follow those orders. Once again, a politician who know nothing about LE gets into trouble and blames the cops with a story that just doesn't hold water.

Posted by: kwflatbed

I just hope that Steven Paré sticks to his guns and doesn't
cave into Gov. Don Carcieri again, and the judge has some balls
in this case.

Posted by: kwflatbed

R.I. judge orders governor to testify

Narragansetts on trial in raid assault

By Associated Press | August 4, 2007

PROVIDENCE -- Governor Don Carcieri must testify at the criminal trial of seven Narragansett Indians accused of obstructing or assaulting State Police who raided an illegal tribal smoke shop four years ago, a judge ruled yesterday.
Defense lawyers for the Narragansetts plan to argue that police used too much force when arresting the seven defendants, including Chief Sachem Matthew Thomas, during a dusty parking lot scuffle.
They want Carcieri to testify about an order he has said he issued to State Police instructing them to withdraw if they met resistance from tribe members or their supporters. Earlier this week, the retired superintendent of the State Police testified that he never received those instructions.
Superior Court Judge Susan McGuirl said the rights of the seven Narragansetts to put on a defense and cross-examine witnesses outweighed any executive privilege that might shield Carcieri from testifying.
"The rights of the criminal defendants are not limitless, but they must be protected," she said.
Rhode Island's Supreme Court has never ruled on whether a sitting governor can be forced to take the witness stand. Michael Maynard, a spokesman for Carcieri, said the governor has not decided if he will appeal.
"Whatever the final disposition, it is important to remember that this trial is not about the governor's actions but about the actions of the defendants," Maynard said in a statement.
The defendants are charged with crimes including disorderly conduct, resisting arrest, and assaulting police. If convicted, they could face up to one year in prison and a $1,000 fine. Their trial, scheduled for Sept. 17, could offer a glimpse into the tense relationship between Rhode Island's government and its only federally recognized American Indian tribe.
After failing to win lawmaker approval for a casino, the Narragansett tribal government opened a smoke shop on its Charlestown land in July 2003 and refused to collect state-mandated taxes. Negotiations broke down between Carcieri and the tribe. He eventually authorized State Police to search the shop after they received court permission.

http://www.boston.com/news/local/art...or_to_testify/

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