PROVIDENCE, R.I. (AP) – Gov. 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 Friday.
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 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 Carcieri spokesman, said the governor has not yet 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 to do it.
That search turned into a violent fiasco filmed by TV cameras.
Narragansetts screamed at police who ran onto tribal land, some wearing camouflage uniforms. There was shoving, chest-thumping and flailing. One defendant was filmed choking a trooper. Police wrestled the Narragansett chief to the ground. A police dog bit another tribe member.
Rhode Island law forbids people from resisting even an unlawful arrest, McGuirl said. But it allows those being arrested to fight back if police use excessive force. As a result, defense lawyers want the jury to hear about limits Carcieri supposedly set on a raid over tobacco laws.
“I instructed the State Police to attempt to serve the warrant under the explicit condition that if any resistance were encountered, the State Police were to withdraw,” Carcieri said at a news conference one day after the raid.
In her ruling, McGuirl warned the defense and prosecution that they can question Carcieri only about his orders to police.
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