Posted on 04/26/2008 5:49:49 PM PDT by Eye On The Left
Inside the courtroom, family members of Bell were visibly distraught over the verdict, which some city leaders warned could spark protests citywide. Bells mother cried when the not-guilty verdict was announced. Hundreds of police officers surrounded the perimeter of the courthouse in Queens as the verdict was read. When news of the decision reached the droves of Bell family supporters gathered outside of the courthouse, tempers flared. Chants of off the cops that kill our kids, rang out. While there was some pushing and shoving, it did not appear that any violent acts were committed.
(Excerpt) Read more at nysun.com ...
(snip)
BEYOND A REASONABLE DOUBT WAS AFFECTED BY A COMBINATION OF THE FOLLOWING FACTORS: THE PROSECUTION WITNESSES PRIOR INCONSISTENT STATEMENTS, INCONSISTENCIES IN TESTIMONY AMONG PROSECUTION WITNESSES, THE RENUNCIATION OF PRIOR STATEMENTS, CRIMINAL CONVICTIONS, THE INTEREST OF SOME WITNESSES IN THE OUTCOME OF THE CASE, THE DEMEANOR ON THE WITNESS STAND OF OTHER WITNESSES AND THE MOTIVE WITNESSES MAY HAVE HAD TO LIE AND THE EFFECT IT HAD ON THE TRUTHFULNESS OF A WITNESSS TESTIMONY. THESE FACTORS PLAYED A SIGNIFICANT PART IN THE PEOPLES ABILITY TO PROVE THEIR CASE BEYOND A REASONABLE DOUBT AND HAD THE EFFECT OF EVISCERATING THE CREDIBILITY OF THOSE PROSECUTION WITNESSES. AND, AT TIMES, THE TESTIMONY JUST DIDNT MAKE SENSE.
YET, IT WAS APPARENT FROM THE TESTIMONY OF THE PARTICIPANTS THAT THE CONFRONTATION THAT TOOK PLACE IN FRONT OF THE CLUB WAS HEATED. THE SUV OWNER, FABIO COICOU, GAVE THE IMPRESSION THAT HE HAD A GUN, CAUSING AT LEAST ONE OF THE GROUP TO THREATEN TO TAKE IT AWAY FROM HIM.
AND, THE COURT FINDS, ANOTHER THREAT WAS MADE BY JOSEPH GUZMAN TO RETRIEVE A GUN. AT THAT POINT, NOTHING OF A CRIMINAL NATURE HAD TAKEN PLACE. BUT, HAVING WITNESSED THAT PROVOCATIVE CONFRONTATION BETWEEN MR. COICOU AND THE GROUP, THE UNDERCOVER OFFICERS BECAME CONCERNED AND FOLLOWED THE GROUP AROUND THE CORNER TO LIVERPOOL STREET.
DEFENDANT ISNORA APPROACHED THE NISSAN ALTIMA INTO WHICH MR. GUZMAN AND SEAN BELL, TWO OF THE MORE ACTIVE PARTICIPANTS IN THE HEATED EXCHANGE, ENTERED.
THE ALTIMA, WHICH WAS DRIVEN BY MR. BELL, SPED AWAY FROM ITS PARKED POSITION, STRUCK DEFENDANT ISNORA AND COLLIDED HEAD ON WITH THE POLICE VAN THAT HAD ENTERED LIVERPOOL STREET. THE ALTIMA THEN WENT INTO REVERSE, BACKED UP ON TO THE SIDEWALK, STRUCK A GATE AND THEN WENT FORWARD AND TO THE RIGHT, STRIKING THE POLICE VAN AGAIN. AS THIS WAS HAPPENING, DEFENDANT ISNORA -- WHO TESTIFIED IN THE GRAND JURY --OBSERVED MR. GUZMAN, THE FRONT PASSENGER, MOVE HIS BODY AS IF HE WERE REACHING FOR A WEAPON. DEFENDANT ISNORA YELLED, GUN AND FIRED.
OTHER OFFICERS, INDICTED AND UNINDICTED, JOINED IN FROM DIFFERENT LOCATIONS ON THE STREET.
THE COURT HAS FOUND THAT THE INCIDENT LASTED JUST SECONDS. THE OFFICERS RESPONDED TO PERCEIVED CRIMINAL CONDUCT; THE UNFORTUNATE CONSEQUENCES OF THEIR CONDUCT WERE TRAGIC.
THE POLICE RESPONSE WITH RESPECT TO EACH DEFENDANT WAS NOT PROVED TO BE CRIMINAL, I.E. BEYOND A REASONABLE DOUBT. QUESTIONS OF CARELESSNESS AND INCOMPETENCE MUST BE LEFT TO OTHER FORUMS.
ALTHOUGH THERE WERE ASPECTS OF DEFENSE TESTIMONY THAT WERE NOT NECESSARILY CREDIBLE, THE FOCUS MUST BE ON THE PEOPLES PROOF TO DETERMINE WHETHER THEY HAVE SATISFIED THEIR BURDEN OF PROVING THE DEFENDANTS GUILTY BEYOND A REASONABLE DOUBT.
TO THE EXTENT THAT THE DEFENSE OF JUSTIFICATION WAS APPLICABLE TO THE CHARGED
CRIMES, COUNTS 1, 2, 3, 4 IN PART, 5 IN PART, 6, 7, AND 8, THE PEOPLE HAVE NOT PROVED, BEYOND A REASONABLE DOUBT, THAT EACH DEFENDANT WAS NOT JUSTIFIED IN THE ACTIONS THAT EACH TOOK.
WITH RESPECT TO COUNTS 4 AND 5, TRENT BENEFIELD, WHOSE CREDIBILITY WAS SERIOUSLY IMPEACHED, TESTIFIED THAT HE WAS SHOT WHILE RUNNING DOWN LIVERPOOL STREET. FORENSIC EVIDENCE DEMONSTRATED OTHERWISE. THUS, ALTHOUGH THE JUSTIFICATION DEFENSE WOULD NOT HAVE APPLIED TO THAT ASPECT OF COUNTS 4 AND 5, IT WAS NOT PROVED BEYOND A REASONABLE DOUBT.
ACCORDINGLY, THE COURT FINDS EACH DEFENDANT NOT GUILTY OF EACH OF THE RESPECTIVE COUNTS IN THE INDICTMENT OF WHICH THEY WERE CHARGED.
http://hosted.ap.org/specials/interactives/_documents/bell_verdict_statement.pdf
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Acquittal was correct in this case.
Thanks for posting that. This describes the facts that any jury or judge would have heard, and while the officers may have been mistaken, they were fully justified in shooting.
People out there don’t realize how fast these things go down. I have a family member who is a police officer, and one thing that the police say is that in certain situations, when somebody goes for a gun, there’s going to be only one person who goes home that night - and they want to be that person.
but any death of a black person which makes the media is automatically presumed by the black community as being a ‘crime’. Of course, if the alleged perp is black and the case gains media attention then the presumption is that ‘they got the wrong guy’ or it was excusable.
Now, in NY there is a recent 100% acquittal rating of NYPD officers killing black men. So the conspiratorially minded (think: Michelle Obama) would look at this as proof positive that the bo-plice can shoot any black man they want with immunity. But the difference really comes in the reaction to the outcome of the case.
In Los Angeles, OJ Simpson got to killed two (white) people. He was acquitted and yet the white community did not go burn down Compton. They whined and pointed to the black community with indignation for the celebrations of the death of two people but they did not commit more crimes in response.
And when the LA riots occurred (another riot in response to an acquittal of LAPD officers beating Rodney King) and a white truck driver was seen on live television having his head crushed with a brick by young black men there was obvious concern amongst non-blacks but there were no retaliatory riots. And even when the perpetrator claims ‘black rage syndrome’ as an excuse for the videotaped crime and was acquitted there was no ‘rioting’ amongst the rest of the city of LA.
Instead of trying to get your kid into law school so he can work in the DAs office and administer ‘true’ justice and ensure that their ‘people’ don’t fear discrimination by the courts. Or insist that your children become police officers so you can be sure that your neighborhoods are protected and not targetted. Or....you can just expect absolutely nothing from yourself and your community and keep believing that you are a victim regardless of the circumstances.
Glad to hear this. Thanks for posting.
The judge, like the undercover cop, is obviously, and blissfully, unaware of the existence of hip-hop music, their use in privately derived ringtones, or the name Eminem.
I doubt you could find a jury in NYC that didn't have at least 3 or 4 members fully cognizant of those three elements of modern life.
Someones cellphone rang with a ringtone created from Eminem's chorus of "Gonna' get my gun".
They'd still be in session Fur Shur.
In the end even the Prosecutor's office seems to be woefully devoid of having anyone in it who knows anything about such things.
I'd like to suggest that this sort of decision is the kind you'd get in the third-world where the elites don't particularly know, nor do they care, just as long as they, themselves, are safe.
Darned shame these people couldn't have been taken before a jury of folks from Queens.
Why is this a national story? Young Black men are shot every day, in every big city in America. Forty were shot in Chicago alone last weekend. Strange then, that the “community” only becomes enraged when the shooter is a policeman attempting to enforce the law in difficult circumstances. Strange also that a local story shooting goes national only when a cop shoots a Black suspect.
The Sixth Amendment to the Constitution ensures that we have the right to a trial by a jury of our peers in a serious criminal case. But as with all rights, you can voluntarily, knowingly and intelligently waive that right and instead have your case tried by a judge.
That is what Michael Oliver, Marc Cooper and Gescard Isnora did. Many thought it was a gamble. It was a gamble that paid off.
Justice Arthur Cooperman, a 74-year-old bench veteran, acquitted all three detectives. The public is outraged. But it shouldn't be. Cooperman did what we ask every juror to do: consider and determine the facts of the case -- that is, what he believed to be the true facts -- from among all of the evidence in the case. Watch why the judge didn't believe the prosecution witnesses »
He listened to the evidence. He learned that Club Kalua, the strip club that Sean Bell and his companions were at that night, had been at the center of neighborhood complaints, drug activity and prostitution arrests, which is why undercover officers were there in the first place.
He heard the consistent grand jury testimony of all three defendant police officers. He heard the testimony of Detective Hispolito Sanchez, an undercover officer inside the club who heard Bell's companion, Joseph Guzman say "Yo, get my gun" and heard Sean Bell threaten to beat up a man near an SUV.
And he heard the testimony of Guzman, who denied, contrary to the testimony of other witnesses, that he uttered the words "Go get my gun." Cooperman also learned that Guzman had spent five years in prison for robbery and drug convictions for selling crack and was suing for $50 million in civil court.
It was clear that Guzman was the linchpin of this case. If you believe him, that the officers shot at Bell and his friends for no reason at all, the officers are guilty. If you don't believe him, then his statement -- "Go get my gun" -- sent the night into mayhem, causing the officers to believe that the men were armed and justifying the officers' actions that night.
Guzman was combative on the stand, irreverent. During his cross-examination by attorney Anthony L. Ricco, who represented Isnora, he shot back: "You know what needs to happen? This needs to happen to your family."
In explaining his decision, Cooperman said prosecutors had not proved their case beyond a reasonable doubt because of a combination of factors. Chief among them: inconsistent statements by prosecution witnesses, their demeanor on the stand, their interest in the outcome of the case and their motives to lie.
"These factors," the judge said, "had the effect of eviscerating the credibility of those prosecution witnesses."
Translation: The government could not prove its case against the officers because the judge didn't believe Trent Benefield and Joseph Guzman. They are suing the police department for $50 million. They blew the case for the prosecution."--Sunny Hostin is a legal analyst on "American Morning."
In Cincinnati last night a 25 year old black female was shot and murdered in front of a crowd in the Fay apartments. Not one single adult will cooperate with the police. And, her two children who also witnessed the shooting are missing. But the black people won’t snitch.
BTW, unlike Sean Bell, this victim actually was a sympathetic viction. Read the sorry story and see:
Enquirer 4/27/08 - Moments after watching a woman shoot his mother, a six-year-old boy laid on her blood-covered body.
His four-year-old sister ran after him to do the same.
Neighbors looked on, shocked. The children waited, hoping their mom would wake up.
As their small bodies covered her, they cried, still unaware this violent scene would be the last moment theyd share with their mother.
Jackie Denise Evans, 25, died Friday night after being shot in the chest while walking home with her four children.
That is the grisly account police gave Saturday as they struggled to piece together what happened outside the Fay Apartments complex in North Fairmount.
Investigative work has been hampered by uncooperative witnesses, creating few leads in this heartbreaking case, said Cincinnati Police Sgt. Gary Conner.
There were a number of people who were standing outside. Not a single person came forward to tell us anything, Conner said. The best information we were able to get came from a six-year-old boy who had just lost his mother. He was the only one with the courage and guts to talk to the police.
The children believed to be 6, 4, 3 and eight months have been placed with their maternal grandmother, police said.
According to police, Evans was shot about 9 p.m. in the 2500 block of Williamsburg Drive, near President Drive.
Evans was taken to University Hospital, where she was pronounced dead.
She was a block from home. Another 10 minutes, and she could still be alive, Conner said, running through the what-ifs of this tragedy. If shed walked on the other side of the street, maybe she would have survived. Maybe none of this would have happened.
Police said on Friday there may have been a fight before the shooting. Theyre still trying to figure out what could have sparked the deadly argument.
Family described Evans as non-confrontational. The only thing she would ever fight over is her kids, they told police, according to Conner.
Detectives spent most of Saturday canvassing the area and going door-to-door, looking for clues to point them to the killer.
They were met with dead-end after dead-end, people who refused to tell them what they witnessed.
Someone saw this. They had to, Conner said about the large group that was outside when Evans was shot. This happened over something as simple as a verbal altercation of some sort. For that, a woman lost her life and four children are without a mother. Its just senseless.
Meanwhile, police were searching for two children who they believe went missing after witnessing the shooting.
A critical missing report was issued for Armisha Williams, 4, and Damerco Jones, 9. Witnesses told police the children were taken by a woman who is not their mother or guardian. Their apartment was empty, and police were unable to contact their parents.
Anyone with information about the shooting or missing children should call Crime Stoppers at 513-352-3040.
http://news.enquirer.com/apps/pbcs.dll/article?AID=/20080427/NEWS01/304270002
Yeah, there is nothing genuine about the motives of race baiters like Al Sharpton and the like. They are only interested in stirring up trouble and creating division. What all of them really are doing is setting the stage for what they think will one day be a communist overthrow of the US government. Rev-olutionary Al Sharpton is one of many signers of the "World Can't Wait--Drive Out the Bush Regime" initiative (see list of endorsers include). World Can't Wait--Drive Out the Bush Regime" is an "anti-war" front for the Revolutionary Communist Party. According to the then LA police commissioner, the RCP were behind the Rodney King riots.
From the website of the Revolutionary Communist Party, parent org behind World Can't Wait--Drive Out the Bush Regime:
The RCP "Mission Statement":
"Create Public Opinion, Seize Power! We are preparing minds and organizing forces for the time when there is a major crack in the system, whenever it comes and wherever it comes from: an opening that makes it possible to bring the future Revolutionary Army of the Proletariat (R.A.P.) into the field and wage a revolutionary armed struggle that actually has a chance of winning. And we have said that building our party itself is the most important part of organizing forces for revolution. This is true now, and it is true looking forward to the creation of that future R.A.P. and the waging of that armed struggle. ":
http://revcom.us/a/v20/1000-1009/1000/barw.htm
Also see David Horowitz's FrontPageMag.com/DiscoverTheNetworks.org profile of WCW:
http://www.discoverthenetworks.org/groupProfile.asp?grpid=7213
And...
"Throughout its history, one of RCP's principal objectives has been to foment civil unrest in the United States. The most notable example of such efforts occurred on April 29, 1992, when RCP members looted and trashed the downtown and government districts of Los Angeles, triggering the infamous Rodney King riots. During the days immediately preceding the violence, RCP -- which maintained close ties to the L.A. gangs known as the Crips and the Bloods -- had circulated throughout South Central Los Angeles a leaflet featuring a statement by RCP National Spokesman Carl Dix, titled 'It's Right To Rebel' -- a quote popularized by Mao Zedong.
Encouraged by Dix, RCP activists helped lead the riots that would leave 58 people dead, more than 2,300 people injured, some 5,300 buildings burned, and $1 billion in property damaged or destroyed. On the ten-year anniversary of the rioting, RCP member Joseph Veale fondly recalled the violence as 'the most beautiful, the most heroic civil action in the history of the United States.'"
http://www.discoverthenetworks.org/groupProfile.asp?grpid=6197
Here's the Revolutionary Communist Party (see link) boasting of a FULL PAGE 'World Can't Wait--Drive Out the Bush Regime' ad of theirs which appeared in the New York Slimes. (either "rwor.org" or "revcom.us" takes you to the website of the Maoist Revolutionary Communist Party).
The NY Times has since allowed several additional full-page RCP/WCW ads.
Article title: "Who Hated the Bush Ad"
http://www.rwor.org/a/028/who-hated-bush-ad.htm
Louis Farrakhan, at the Millions More Movement rally in DC, Oct 15, 2005: "...what Mao Tse Tung did was, he went to the cultural community, and they [Farrakhan spreads his arms beneficently] accepted his idea."..."Mao Tse Tung ... had a billion people whose lives he had to transform."..."the idea of Mao Tse Tung became the idea of a billion people, and China became a world power on the base of the culture and the arts community. If we had a ministry of art and culture in every city we'd create this movement [in the U.S.]."
Source:
http://thedrunkablog.blogspot.com/2005/10/communist-plot-noted.html
Louis Farrakhan, Santiago de Cuba, February, 1998: "There is not a member of the black masses in the United States who is not proud of the example set by Cuba and its revolution, with Comandante Fidel at its head"
Source: http://www.fiu.edu/~fcf/farakhan21898.html#says
Obama the "Savior" / "transformer"
Louis Farrakhan, at the annual Saviours' Day celebration in Chicago, Feb. 25, 2008: "This young man is the hope of the entire world that America will change and be made better"..."If you look at Barack Obama's audiences and look at the effect of his words, those people are being transformed."
Source: http://abcnews.go.com/US/wireStory?id=4337417
Rev. Dr. Jeremiah A. Wright, Obama's "spirtual advisor" and pastor of more than 20 years, honors "Honorable" Minister Louis Farrakhan with the "Jeremiah A. Wright Lifetime Achievement Trumpeteer Award" at the 2007 Trumpet Gala held at the Hyatt Regency Chicago.
[it appears the original video was removed, but this one is identical to it]
http://www.youtube.com/watch?v=jW2OhkZ0RSg
Obama's Church: Gospel of Hate
Kathy Shaidle
FrontPageMag.com
Monday, April 07, 2008
In March of 2007, FOX News host Sean Hannity had engaged Obamas pastor in a heated interview about his Churchs teachings. For many viewers, the ensuing shouting match was their first exposure to "Black Liberation Theology"...
Like the pro-communist Liberation Theology that swept Central America in the 1980s and was repeatedly condemned by Pope John Paul II, Black Liberation Theology combines warmed-over 1960s vintage Marxism with carefully distorted biblical passages. However, in contrast to traditional Marxism, it emphasizes race rather than class. The Christian notion of "salvation" in the afterlife is superseded by "liberation" on earth, courtesy of the establishment of a socialist utopia.
http://www.frontpagemag.com/Articles/Read.aspx?GUID=30CD9E14-B0C9-4F8C-A0A6-A896F0F44F02
"God Damn America, U.S. to Blame for 9/11"
--Rev Dr. Jeremiah Wright, Obama's pastor for twenty years
Rev. Dr. Jeremiah A. Wright, Jr:
"In the 21st century, white America got a wake-up call after 9/11/01. White America and the Western world came to realize that people of color had not gone away, faded into the woodwork or just 'disappeared' as the Great White West kept on its merry way of ignoring Black concerns."
http://www.cmaucc.org/EMRJeremiahWright2.pdf
"Americas chickens... are coming home to roost"
Bill Ayers, TODAY, April 6, 2008, demanding to debate communism vs capitalism! Yet Hannity, O'Reilly, Limbaugh and nearly every other conservative commentator FAILS to mention that these people were and still are revolutionary communists. Instead, they describe them as simply "domestic terrorists". Seems nearly everyone these days is afraid to use the 'C' word! Even in this extremely rare case where one of them actually admits it.
Bill Ayers, April 6, 2008:
"Imperialism. Im against it, and if Sean Hannity and others were honest, this is the ground they would fight me on. Capitalism played its role historically and is exhausted as a force for progress: built on exploitation, theft, conquest, war, and racism, capitalism and imperialism must be defeated and a world revolutiona revolution against war and racism and materialism, a revolution based on human solidarity and love, cooperation and the common good must win.
We begin by releasing our most hopeful dreams and our most radical imaginations: a better world is both possible and necessary.
Source: http://billayers.wordpress.com/2008/04/
Note: Ayers is very likely quoting Bob Avakian, chairman of the Revolutionary Communist Party, with the phrase 'both possible and necessary' in regards to a communist overthrow of the US government. See these Yahoo search results for "bob avakian" + "possible and necessary"--Eye On The Left
"In July 1969, Dohrn, Eleanor Raskin, Dianne Donghi, Peter Clapp, David Millstone and Diana Oughton, all representing 'Weatherman', as Dohrn's faction was now called, traveled to Cuba and met with representatives of the North Vietnamese and Cuban governments."
http://en.wikipedia.org/wiki/Bernardine_Dohrn
From David Horowitz's FrontPageMag.com/DiscoverTheNetworks.org:
"FBI files from 1976, recently made public under the Freedom of Information Act, confirm the connections between Weatherman, Havana, and Moscow.
Weatherman leaders like Mark Rudd traveled illegally to Havana in 1968 to engage in terrorist training. There, camps set up by Soviet KGB Colonel Vadim Kotchergine were educating Westerners both in Marxist philosophy and urban warfare."
http://www.discoverthenetworks.org/groupProfile.asp?grpid=6808
With a cop indoors, and a couple of cops on the sidewalk outside bet that particular bistro didn't live up to its billing though.
The judge, in the end, is caught saying (let me paraphrase this) that the situation was entirely too complex for him to understand most of it so the cops get off again.
A 72 year old sitting on a murder case?
Give us a break.
I respectfuly disagree with your comments. Go back to the enlarged black-typed description, and you can see full well why the judge ruled the way he did. The car,with Bell driving, hit Isnora,then the van,backed up into a gate,all while occupants reached for a weapon(tragiclly, a weapon wasn’t found,but one could have been planted) and this case wouldn’t have come to trial! Sometimes, you just have to step back and accept what happened as the life in the streets! It’s a tragic story...but that’s ALL it is. Saltnlemons
No need to go back, here it is...
BEFORE DEALING WITH THE BUSINESS AT HAND, I WOULD LIKE TO REMIND EVERYONE HOW IMPORTANT IT IS TO HONOR THE DECORUM OF THE COURT AND REMAIN QUIET AFTER THE VERDICTS ARE RENDERED.
snip
BEYOND A REASONABLE DOUBT WAS AFFECTED BY A COMBINATION OF THE FOLLOWING FACTORS: THE PROSECUTION WITNESSES PRIOR INCONSISTENT STATEMENTS, INCONSISTENCIES IN TESTIMONY AMONG PROSECUTION WITNESSES, THE RENUNCIATION OF PRIOR STATEMENTS, CRIMINAL CONVICTIONS, THE INTEREST OF SOME WITNESSES IN THE OUTCOME OF THE CASE, THE DEMEANOR ON THE WITNESS STAND OF OTHER WITNESSES AND THE MOTIVE WITNESSES MAY HAVE HAD TO LIE AND THE EFFECT IT HAD ON THE TRUTHFULNESS OF A WITNESSS TESTIMONY.
THESE FACTORS PLAYED A SIGNIFICANT PART IN THE PEOPLES ABILITY TO PROVE THEIR CASE BEYOND A REASONABLE DOUBT AND HAD THE EFFECT OF EVISCERATING THE CREDIBILITY OF THOSE PROSECUTION WITNESSES. AND, AT TIMES, THE TESTIMONY JUST DIDNT MAKE SENSE.
YET, IT WAS APPARENT FROM THE TESTIMONY OF THE PARTICIPANTS THAT THE CONFRONTATION THAT TOOK PLACE IN FRONT OF THE CLUB WAS HEATED. THE SUV OWNER, FABIO COICOU, GAVE THE IMPRESSION THAT HE HAD A GUN, CAUSING AT LEAST ONE OF THE GROUP TO THREATEN TO TAKE IT AWAY FROM HIM.
AND, THE COURT FINDS, ANOTHER THREAT WAS MADE BY JOSEPH GUZMAN TO RETRIEVE A GUN. AT THAT POINT, NOTHING OF A CRIMINAL NATURE HAD TAKEN PLACE. BUT, HAVING WITNESSED THAT PROVOCATIVE CONFRONTATION BETWEEN MR. COICOU AND THE GROUP, THE UNDERCOVER OFFICERS BECAME CONCERNED AND FOLLOWED THE GROUP AROUND THE CORNER TO LIVERPOOL STREET.
DEFENDANT ISNORA APPROACHED THE NISSAN ALTIMA INTO WHICH MR. GUZMAN AND SEAN BELL, TWO OF THE MORE ACTIVE PARTICIPANTS IN THE HEATED EXCHANGE, ENTERED.
THE ALTIMA, WHICH WAS DRIVEN BY MR. BELL, SPED AWAY FROM ITS PARKED POSITION, STRUCK DEFENDANT ISNORA AND COLLIDED HEAD ON WITH THE POLICE VAN THAT HAD ENTERED LIVERPOOL STREET. THE ALTIMA THEN WENT INTO REVERSE, BACKED UP ON TO THE SIDEWALK, STRUCK A GATE AND THEN WENT FORWARD AND TO THE RIGHT, STRIKING THE POLICE VAN AGAIN. AS THIS WAS HAPPENING, DEFENDANT ISNORA -- WHO TESTIFIED IN THE GRAND JURY --OBSERVED MR. GUZMAN, THE FRONT PASSENGER, MOVE HIS BODY AS IF HE WERE REACHING FOR A WEAPON. DEFENDANT ISNORA YELLED, GUN AND FIRED.
OTHER OFFICERS, INDICTED AND UNINDICTED, JOINED IN FROM DIFFERENT LOCATIONS ON THE STREET.
THE COURT HAS FOUND THAT THE INCIDENT LASTED JUST SECONDS. THE OFFICERS RESPONDED TO PERCEIVED CRIMINAL CONDUCT; THE UNFORTUNATE CONSEQUENCES OF THEIR CONDUCT WERE TRAGIC.
THE POLICE RESPONSE WITH RESPECT TO EACH DEFENDANT WAS NOT PROVED TO BE CRIMINAL, I.E. BEYOND A REASONABLE DOUBT. QUESTIONS OF CARELESSNESS AND INCOMPETENCE MUST BE LEFT TO OTHER FORUMS.
ALTHOUGH THERE WERE ASPECTS OF DEFENSE TESTIMONY THAT WERE NOT NECESSARILY CREDIBLE, THE FOCUS MUST BE ON THE PEOPLES PROOF TO DETERMINE WHETHER THEY HAVE SATISFIED THEIR BURDEN OF PROVING THE DEFENDANTS GUILTY BEYOND A REASONABLE DOUBT.
TO THE EXTENT THAT THE DEFENSE OF JUSTIFICATION WAS APPLICABLE TO THE CHARGED
CRIMES, COUNTS 1, 2, 3, 4 IN PART, 5 IN PART, 6, 7, AND 8, THE PEOPLE HAVE NOT PROVED, BEYOND A REASONABLE DOUBT, THAT EACH DEFENDANT WAS NOT JUSTIFIED IN THE ACTIONS THAT EACH TOOK.
WITH RESPECT TO COUNTS 4 AND 5, TRENT BENEFIELD, WHOSE CREDIBILITY WAS SERIOUSLY IMPEACHED, TESTIFIED THAT HE WAS SHOT WHILE RUNNING DOWN LIVERPOOL STREET. FORENSIC EVIDENCE DEMONSTRATED OTHERWISE. THUS, ALTHOUGH THE JUSTIFICATION DEFENSE WOULD NOT HAVE APPLIED TO THAT ASPECT OF COUNTS 4 AND 5, IT WAS NOT PROVED BEYOND A REASONABLE DOUBT.
ACCORDINGLY, THE COURT FINDS EACH DEFENDANT NOT GUILTY OF EACH OF THE RESPECTIVE COUNTS IN THE INDICTMENT OF WHICH THEY WERE CHARGED.
http://hosted.ap.org/specials/interactives/_documents/bell_verdict_statement.pdf
tagirvan is my better half...I’m saltnlemons! I read where the media-ho Sharpton is flapping his gums again....who pays this bums’ wages?
_________________________________
What? The same good people of Queens who found three thugs guilty of shooting one PO in an ambush but innocent of killing his partner in the same incident? Those people?
BTW....music has nothing to do with a thug saying 'Get my gat' at three in the morning outside a strip joint in Jamaica. The cops did the right thing, the judge did the right thing and you can go pound sand.
It was interesting to me that the accused officer who spoke to the press, after the verdict was handed down, was also black. The ‘black community’ can’t call it white on black crime. I saw the banners decrying the fact that 50 bullets were fired. With the adrenaline flowing, and the number of officers and perps, I’m surprised it wasn’t more than that.
Get my gat wasn't exactly what was originally reported ~ it was more "gonna' cross the street and get my gun" ~ and those, my little friend, are lyrics in an Emenem piece.
The earliest articles that reported on what the police reported had a number of other lyrics from the same song.
This is exactly the song Al Sharpton and others were complaining about long before this event ~ Un, what do the letters "MP3" mean to you? Any idea?
Two of the three indicted officers were black. And based on the testimony I've read, I can't see any reason why anyone would consider it a 'crime'. Once again...(sorry, but it's important)
BEFORE DEALING WITH THE BUSINESS AT HAND, I WOULD LIKE TO REMIND EVERYONE HOW IMPORTANT IT IS TO HONOR THE DECORUM OF THE COURT AND REMAIN QUIET AFTER THE VERDICTS ARE RENDERED.
snip
BEYOND A REASONABLE DOUBT WAS AFFECTED BY A COMBINATION OF THE FOLLOWING FACTORS: THE PROSECUTION WITNESSES PRIOR INCONSISTENT STATEMENTS, INCONSISTENCIES IN TESTIMONY AMONG PROSECUTION WITNESSES, THE RENUNCIATION OF PRIOR STATEMENTS, CRIMINAL CONVICTIONS, THE INTEREST OF SOME WITNESSES IN THE OUTCOME OF THE CASE, THE DEMEANOR ON THE WITNESS STAND OF OTHER WITNESSES AND THE MOTIVE WITNESSES MAY HAVE HAD TO LIE AND THE EFFECT IT HAD ON THE TRUTHFULNESS OF A WITNESSS TESTIMONY.
THESE FACTORS PLAYED A SIGNIFICANT PART IN THE PEOPLES ABILITY TO PROVE THEIR CASE BEYOND A REASONABLE DOUBT AND HAD THE EFFECT OF EVISCERATING THE CREDIBILITY OF THOSE PROSECUTION WITNESSES. AND, AT TIMES, THE TESTIMONY JUST DIDNT MAKE SENSE.
YET, IT WAS APPARENT FROM THE TESTIMONY OF THE PARTICIPANTS THAT THE CONFRONTATION THAT TOOK PLACE IN FRONT OF THE CLUB WAS HEATED. THE SUV OWNER, FABIO COICOU, GAVE THE IMPRESSION THAT HE HAD A GUN, CAUSING AT LEAST ONE OF THE GROUP TO THREATEN TO TAKE IT AWAY FROM HIM.
AND, THE COURT FINDS, ANOTHER THREAT WAS MADE BY JOSEPH GUZMAN TO RETRIEVE A GUN. AT THAT POINT, NOTHING OF A CRIMINAL NATURE HAD TAKEN PLACE. BUT, HAVING WITNESSED THAT PROVOCATIVE CONFRONTATION BETWEEN MR. COICOU AND THE GROUP, THE UNDERCOVER OFFICERS BECAME CONCERNED AND FOLLOWED THE GROUP AROUND THE CORNER TO LIVERPOOL STREET.
DEFENDANT ISNORA APPROACHED THE NISSAN ALTIMA INTO WHICH MR. GUZMAN AND SEAN BELL, TWO OF THE MORE ACTIVE PARTICIPANTS IN THE HEATED EXCHANGE, ENTERED.
THE ALTIMA, WHICH WAS DRIVEN BY MR. BELL, SPED AWAY FROM ITS PARKED POSITION, STRUCK DEFENDANT ISNORA AND COLLIDED HEAD ON WITH THE POLICE VAN THAT HAD ENTERED LIVERPOOL STREET. THE ALTIMA THEN WENT INTO REVERSE, BACKED UP ON TO THE SIDEWALK, STRUCK A GATE AND THEN WENT FORWARD AND TO THE RIGHT, STRIKING THE POLICE VAN AGAIN. AS THIS WAS HAPPENING, DEFENDANT ISNORA -- WHO TESTIFIED IN THE GRAND JURY --OBSERVED MR. GUZMAN, THE FRONT PASSENGER, MOVE HIS BODY AS IF HE WERE REACHING FOR A WEAPON. DEFENDANT ISNORA YELLED, GUN AND FIRED.
OTHER OFFICERS, INDICTED AND UNINDICTED, JOINED IN FROM DIFFERENT LOCATIONS ON THE STREET.
THE COURT HAS FOUND THAT THE INCIDENT LASTED JUST SECONDS. THE OFFICERS RESPONDED TO PERCEIVED CRIMINAL CONDUCT; THE UNFORTUNATE CONSEQUENCES OF THEIR CONDUCT WERE TRAGIC.
THE POLICE RESPONSE WITH RESPECT TO EACH DEFENDANT WAS NOT PROVED TO BE CRIMINAL, I.E. BEYOND A REASONABLE DOUBT. QUESTIONS OF CARELESSNESS AND INCOMPETENCE MUST BE LEFT TO OTHER FORUMS.
ALTHOUGH THERE WERE ASPECTS OF DEFENSE TESTIMONY THAT WERE NOT NECESSARILY CREDIBLE, THE FOCUS MUST BE ON THE PEOPLES PROOF TO DETERMINE WHETHER THEY HAVE SATISFIED THEIR BURDEN OF PROVING THE DEFENDANTS GUILTY BEYOND A REASONABLE DOUBT.
TO THE EXTENT THAT THE DEFENSE OF JUSTIFICATION WAS APPLICABLE TO THE CHARGED
CRIMES, COUNTS 1, 2, 3, 4 IN PART, 5 IN PART, 6, 7, AND 8, THE PEOPLE HAVE NOT PROVED, BEYOND A REASONABLE DOUBT, THAT EACH DEFENDANT WAS NOT JUSTIFIED IN THE ACTIONS THAT EACH TOOK.
WITH RESPECT TO COUNTS 4 AND 5, TRENT BENEFIELD, WHOSE CREDIBILITY WAS SERIOUSLY IMPEACHED, TESTIFIED THAT HE WAS SHOT WHILE RUNNING DOWN LIVERPOOL STREET. FORENSIC EVIDENCE DEMONSTRATED OTHERWISE. THUS, ALTHOUGH THE JUSTIFICATION DEFENSE WOULD NOT HAVE APPLIED TO THAT ASPECT OF COUNTS 4 AND 5, IT WAS NOT PROVED BEYOND A REASONABLE DOUBT.
ACCORDINGLY, THE COURT FINDS EACH DEFENDANT NOT GUILTY OF EACH OF THE RESPECTIVE COUNTS IN THE INDICTMENT OF WHICH THEY WERE CHARGED.
http://hosted.ap.org/specials/interactives/_documents/bell_verdict_statement.pdf
Gee, whiz, how did it happen that the cops were shooting an unarmed man, and how did it happen that the unarmed man lost control of his car? Could it be that he had already been shot and killed?
The judge did have to note that the police story didn't quite fit together ~ and it's right there in the large text you didn't need to post for the 997th time this weekend. Notice that the judge says "the Altima sped away". Right, "away" ~ and hit the police van?
Either he sped away or he hit the van. Was he alive or dead?
The cops didn't provide any testimony regarding those two elements and the prosecutor let them get away with it.
A little cross examination with the cops testifying in their own trial rather than being allowed to submit the department's made up report and this'd been a different trial.
I suspect there will be a federal civil rights trial in this one.
Can't be the one who 'pays' his taxes.
"In a 1988 interview, Sharpton said he saw no reason why blacks should pay taxes. 'If we do not have a justice system that protects us, what are we paying for?' Sharpton has faced multiple chargesand one convictionof tax evasion".-Larry Elder
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