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Three detectives were found not guilty Friday morning on all charges in the
shooting death of Sean Bell, who died in a hail of 50 police bullets outside
a club in Jamaica, Queens.
Justice Arthur J. Cooperman, who delivered the verdict, said many of the prosecution's
witnesses, including Mr. Bell's friends and the two wounded victims, were
simply not believable. "The testimony of those witnesses just didn't
make sense," he said.
His verdict prompted several supporters of Mr. Bell to storm out of the courtroom,
and screams could be heard in the hallway moments later. The three detectives
were escorted out of a side doorway. Outside, a crowd gathered behind police
barricades, occasionally shouting, amid a veritable sea of police officers.
The verdict comes 17 months to the day since the Nov. 25, 2006, shooting of
Mr. Bell, 23, and his friends, Joseph Guzman and Trent Benefield, outside the
Club Kalua in Jamaica, Queens, hours before Mr. Bell was to be married.
It was delivered in a packed courtroom and was heard by, among others, the
slain man's parents and his fiancée. The seven-week trial, which
ended April 14, was heard by Justice Cooperman in State Supreme Court in Queens
after the defendants - Detectives Gescard F. Isnora, Michael Oliver and
Marc Cooper - waived their right to a jury, a strategy some lawyers called
risky at the time. But it clearly paid off with Friday's verdict.
Before rendering his verdict, Justice Cooperman ran through a narrative of
the evening, and concluded "the police response with respect to each defendant
was not found to be criminal."
"The people have not proved beyond a reasonable doubt" that each
defendant was not justified in shooting, he said, before quickly saying the
men were not guilty of all of the eight counts, five felonies and three misdemeanors,
against them.
Mr. Bell's family sat silently as Justice Cooperman spoke from the bench.
Behind them, a woman was heard to ask, "Did he just say, 'Not guilty?'
"
Roughly 30 court officers stood by, around the courtroom and in the aisles.
Detectives Isnora and Oliver had faced the most charges: first- and second-degree
manslaughter, with a possible sentence of 25 years in prison; felony assault,
first and second degree; and a misdemeanor, reckless endangerment, with a possible
one-year sentence. Detective Oliver also faces a second count of first-degree
assault. Detective Cooper was charged only with two counts of reckless endangerment.
During the 26 days of testimony, the prosecution sought to show, with an array
of 50 witnesses, that the shooting was the act of a frightened, even enraged
group of disorganized police officers who began their shift that night hoping
to arrest a prostitute or two and, in suspecting Mr. Bell and his friends of
possessing a gun, quickly got in over their heads.
"We ask police to risk their lives to protect ours," said an assistant
district attorney, Charles A. Testagrossa, in his closing arguments. "Not
to risk our lives to protect their own."
The defense, through weeks of often heated cross-examinations, their own witnesses
and the words of the detectives themselves, portrayed the shooting as the tragic
end to a nonetheless justified confrontation, with Detective Isnora having what
it called solid reasons to believe he was the only thing standing between Mr.
Bell's car and a drive-by shooting around the corner.
Several witnesses testified that they heard talk of guns in an argument between
Mr. Bell and a stranger, Fabio Coicou, outside Kalua, an argument, the defense
claimed, that was fueled by bravado and Mr. Bell's intoxicated state.
Defense lawyers pointed their fingers at Mr. Guzman, who, they said, in shouting
for Mr. Bell to drive away when Detective Isnora approached, may have instigated
his death.
Detective Isnora told grand jurors last year that he clipped his badge to his
collar and drew his gun, shouting, "Police! Don't move!" as
he approached Mr. Bell's Nissan Altima.
Other
witnesses, mostly friends of Mr. Bell, said they never heard shouts of
"Police!" Mr. Guzman and Mr. Benefield testified that they had no idea
that Detective Isnora was a police officer when he walked up with his
gun drawn.
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http://www.nytimes.com/2008/04/26/nyregion/26BELL.html?ref=nyregion
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