Posted on 04/05/2002 8:59:46 PM PST by freespeech1
Frank Zito says he shot police because they broke his door
* Outburst comes during evidence suppression hearing; ruling due today
By: BRIAN HAAS, Staff Writer April 04, 2002
FRANK ZITO ... faces death penalty
SALISBURY - "If they didn't break into my door, I wouldn't have shot them," Frank Zito blurted out Wednesday at a hearing to suppress evidence in Zito's murder trial.
Attorneys for both sides argued in Wicomico County Circuit Court whether several pieces of evidence, including several alleged admissions by Zito, should be allowed in the jury trial. Circuit Judge Donald C. Davis said he should issue a ruling on the motion to suppress evidence sometime today.
Zito, 41, of Centreville, faces the death penalty on two first-degree murder charges and several other felony and misdemeanor charges.
Police allege that he shot and killed Centreville Patrolman Michael S. Nickerson and Dfc. Jason Schwenz, of the Queen Anne's County Sheriff's Office. The two officers went to investigate a noise complaint in February of 2001 when police say Zito shot both officers with a shotgun.
Zito has pleaded not guilty and not criminally responsible to the charges against him.
Judge Davis heard testimony from several police officers and Wicomico County Detention Center employees as to what happened Feb. 13 and Feb. 14, 2001.
Maryland State Police Trooper Corey Skidmore was the first officer to testify and the only witness to the shooting. Skidmore said he arrived to back up Nickerson and Schwenz who were trying to get Zito to come out of his house.
After being threatened, the officers got a key to Zito's trailer from his mother, Betty Zito, who was also Zito's landlady, Skidmore said. He said Zito's mother told the officers to get Zito out "by any means necessary."
After the three officers broke through a storm door and entered Zito's screen porch, Schwenz opened the front door with the key, Skidmore said.
As the door opened, Schwenz was hit with the first shotgun blast, followed by Nickerson, who was thrown backward, Skidmore said.
Skidmore said Zito had not seen him on the porch, so he waited for Zito to come out, sprayed his eyes with pepper spray and arrested Zito.
Maryland State Police Tfc. Brian Fisher was the officer who officially arrested Zito after the shooting, Fisher said. He testified that he took Zito away from the shooting scene and back near his patrol car.
Fisher said Zito was yelling "Nazi Gestapo" at the officers and complained that someone broke into his home. Fisher said Zito also told him he had put a shotgun under his couch.
At that point, Fisher said, he arrested Zito and read him his Miranda Rights. Though one of the Miranda Rights is the right to keep silent, Fisher said Zito kept talking.
"'I thought I was protecting my home,' " Fisher quoted Zito as saying. " 'I didn't know they were police until I got outside.' "
Robert E. Williams, an investigator for the Queen Anne's County State's Attorney Office, formally interviewed Zito for about an hour that night, Williams testified. Again Zito was told he could remain silent. But Zito "just started talking," Williams said.
Williams said Zito complained that police were trying to "beat (him) up" and threaten his mother. Then, Williams said, Zito described the events leading up to the shooting.
"'When they went to the second door, I got the 12-gauge and took the safety off,'" Williams said Zito explained. Then, as the door opened, "'I just shot.'"
"'I know I snagged that bastard,'" said Zito, according to Williams.
Williams said Zito talked with very little questioning by him or two other officers present at the interrogation.
Several other officers testified that Zito admitted shooting the two officers with no questioning. Two officers at the Wicomico County Detention Center also testified that they overheard Zito admit to the shooting while talking on the jail's telephone.
Defense lawyers later called Betty Zito to the stand. Wheeled into the courtroom in a wheelchair, Mrs. Zito was too weak to hold up her right hand to be sworn in. She lifted her right hand with her left hand as high as she could while being sworn in.
She testified that her son has his own trailer, which he rented from her. She said his rent is no different from the rent for the eight other trailers on her property.
She said Frank "wasn't so good" on Feb. 13, a condition made worse by the police breaking his storm door. She said police threatened to "tear gas" Zito's home unless he came outside.
She sobbed lightly as she described her frustration that day, trying to get someone on the telephone to help her and her son.
She said the only reason she gave the officers the key to Zito's trailer was so they wouldn't break his door and "tear gas" him.
Then she said she went around the side of Zito's trailer to peer inside and find him. That's when Mrs. Zito heard the "pop, pop" of the shotgun blasts, she said.
As defense lawyer Patricia Chappell wheeled Zito's mother past him and out of the courtroom, he gently put his hand on his mother's knee.
"Goodbye," she said as she passed from the courtroom.
In their closing arguments, defense lawyer Brian Shefferman argued that Zito's Fourth Amendment right against unreasonable search and seizure was violated by the three officers. He said Zito did not consent to the officers coming on his premises even though they entered his enclosed porch.
Shefferman argued that all evidence that came about because of the "illegal" entry to Zito's trailer should be suppressed during the jury trial. Most of the testimony that would be lost if this motion were to be granted would be Trooper Skidmore's description of the shooting and the events leading up to it.
Shefferman also argued that statements that Zito made to officers throughout the night should be suppressed because Zito was injured when he made them. Officers testified earlier that Zito was bleeding from a cut on his face that night. >{?
Good summation.
You picked up my irony after only a few posts. You must have gotten a good night's sleep sweetheart. :)
Dad, put on your little glasses and read the whole thing. It's called context. Oh, I put your Depends on the bed.
Abundy is one the wisest and thoughtful posters you're going to find on this site. His dissenters are generally just society's backwash.
Weird post VA. -- You, and the 'backwash' above you just flagged, are Abundy's dissenters.
You clowns are all fedophiles, and we can thank our lucky stars a few good men in the justice system, like Abundy, are not.
You picked up my irony after only a few posts. You must have gotten a good night's sleep sweetheart. :)
Your 'irony' was only apparent in your inadvertent bash of FR's jihadic fedophile cohort.
Thanks for your stupidity in drawing attention to it once more.
You can all piss and moan about my posts all you want - the reality is, even as a prosecutor an attorney is obliged to respect the Constitutional Rights of the accused - no matter how much you guys might want to bring back the Star Chamber.
AdolfFufkin, you don't know a damn thing about me...if you did, you'd find I'm pretty resepected amongst the law enforcment community and the bar where I work. I don't lose the tough ones and I don't bow to political pressure to dump cases. The cops respect that and the defense bar, with the exception of two or three real assholes, respect that as well. You'd also be surprised to find that most of the cops I work with who are familiar with this case share the same concerns I do - for the same reasons.
Some day you'll graduate from high school. Hopefully you'll pull your head out of your @ss before you suffocate and then enventually you'll evolve. If you don't I have no doubt you'll end up running your own Fascists Underground Club...
Abundy is a clown. How could anyone think I was serious in bestowing platitudes on him? As for you, you're quick today. Have you stopped drinking?
...Defense attorneys Patricia Chappell and Brian Shefferman had argued that the three officers violated Zito's constitutional right against unreasonable search and seizure when they broke into Zito's attached porch without a search warrant. They argued that since the officers violated Zito's right, all evidence coming as a result of that illegal entry should be inadmissible.
Specifically, defense attorneys wanted to suppress several statements including all statements made by Maryland State Police Trooper Corey Skidmore, the sole survivor of the shooting, since he participated in the illegal entry of Zito's residence.
They also sought to suppress several "blurts" by Zito prior to and after his arrest the night of the shooting. Finally, the defense wanted to throw out Zito's search warrant, calling it too broad.
State's attorneys David "Chip" Gregory and Christopher Drummond argued that Zito's mother, Betty Zito, gave the officers the key to Zito's trailer, which amounted to consent to search it.
Judge Davis agreed with defense attorneys that Zito's rights were violated. He said that Betty Zito did not have authority to consent to a search since Zito rented the trailer from her and it was his residence.
"I feel that Mrs. Zito's consent was not valid," Judge Davis said. "The entry into the porch and the attempted entry into the house... was not constitutionally authorized."
Davis denied the defense's motion to suppress evidence on every point, though, saying that granting the motion would effectively give people whose rights have been violated free rein to kill police officers.
Denial of the motion will allow testimony from several police officers and two Wicomico County Detention Center employees who say they overheard Zito admit to shooting the officers. ...
For the rest of the story click here
This will get appealed by the Public Defender...his stated reason for denying the suppression is not a legal foundation...hopefully his actual decision is founded in legal principles, because, knowing the Maryland Court of Appeals, unless the judge can cite some sort of precedent I can see Judge Bell overturning his decision and suppressing the evidence.
I'm sure AdolfFufkin is cheering though...
If anyone's head should roll, it should be the officers responsible for the slain officer's training.
The following is an editorial from back in Feburary, 2001...Read on...
It is a matter of life and death - and two paidFebruary 18, 2001
The tragic deaths of Queen Anne's County Sheriff's Deputy Jason Schwenz and Centreville Patrolman Michael Nickerson send an urgent message that at least two elected officials seem to have missed.
Their slayings demonstrate the urgent need to shore up Maryland's mental health department.
Maryland's Mental Hygiene Administration faces a nearly $42 million deficit, which means the administration may be forced to stop making payments to hospitals and other mental health service providers throughout Maryland. The Maryland House Appropriations subcommittee was warned this week that in May or June the money could run out at least until July 1, when new, but inadequate, appropriations begin.
Four years ago, Maryland changed the way it funded psychiatric care clinics. The upshot is that some clinics have gone under because they were not reimbursed quickly enough for the care they provided. Others are struggling because they say the money the state offers is inadequate to cover the cost of providing necessary services to Maryland's mental patients.
Queen Anne's County State's Attorney David Gregory can say that Francis Zito got adequate help, but we think the record quite vividly says otherwise.
A 1999 evaluation of Francis Mario Zito indicates he suffers from bipolar disorder and has had multiple psychiatric hospitalizations. The evaluation was filed by Dr. Donald W. Nachand, Ph.D., who conducts pre-trial forensic screening evaluations for Maryland's Mental Hygiene Administration.
A search of Maryland District Court computer records for cases involving Zito revealed a dozen criminal cases dating back to 1993 in which he was charged with battery, assault and other offenses. Many of the cases were nol prossed, or dropped, by prosecutors; placed on the stet, or inactive, docket; or ended in acquittals. District court records also show that six times between 1993 and 1998 - and one time last month - a judge ordered Zito to be taken by police for an emergency evaluation at a hospital after petitions were filed by his mother, Betty Zito.
Mrs. Zito filed six similar petitions over a five-year period. Each time the judge ordered Frank Zito be taken to a hospital for examination and emergency care. Five times Zito was taken by police to Kent & Queen Anne's Hospital and one time to Memorial Hospital at Easton.
In a Jan. 14, 1993 petition, Mrs. Zito wrote that her son was diagnosed as schizo-affective. Frank Zito roamed town frightening people; slapped his mother and grabbed her head and shook her, the petition said.
In each petition Mrs. Zito filed, the judge found probable cause "to believe that the emergency evaluee has shown the symptoms of a mental disorder and that there does appear to be clear and imminent danger of the evaluee's doing bodily harm to the evaluee or another."
Why were Mrs. Zito and the townspeople of Centreville subjected to years and years of this behavior? At some point shouldn't there have been relief?
In his proposed budget, Gov. Parris Glendening earmarks $3 million to help pay the mental health debt. But a state policy analyst says a minimum of $10 million is needed. He also warns of serious job vacancy rates in Maryland's 11 psychiatric treatment facilities.
If you ever doubted that mental health services were a life and death matter you need only look to the tragedy played out at Frank Zito's trailer in Centreville the evening of February 13.
If the deaths of Deputy Schwenz and Patrolman Nickerson have touched your hearts as they have ours, call or write the Eastern Shore Delegation to the Maryland General Assembly and Gov. Glendening this week. Tell them you want Maryland's psychiatric services properly funded - NOW.
They won't execute this poor bastard...they'll be lucky if he's found competent to stand trial. I also found a LTE from a neighbor of Zito's who advised the entire neighborhood had attempted to get him help and the Health Department refused.
And again, there is nothing more dangerous than dealing with a mentally ill person in his home...and no more dangerous entry than into a trailer...why these two officers choose to enter is beyond me. My guess would be that they had delt with him before and believed him to be harmless...or they were rookies and didn't know him at all.
Unfrigginbelievable...and absolutely tragic that two officers had to die because MD would rather build two stadiums than fund public health.
Betty Zito also urged the dispatcher to send help immediately because she feared one of the officers was dying.Centreville Police Officer Michael S. Nickerson, 25, and Queen Anne´s Sheriff´s Deputy Jason C. Schwenz were killed Tuesday evening, Feb. 13 at Frank Zito´s Centreville home, where they had gone to handle a loud noise complaint. Nickerson and Schwenz first tried to contact Frank Zito, then went to Mrs. Zito´s nearby home for the key. When she heard shots, Mrs. Zito called 911.
A tape of that 911 call was obtained by The Star Democrat and transcribed by a reporter.
Operator: 911, do you have an emergency?
Mrs. Betty Zito: Hello - get an ambulance to 307 Hammonds Lane right away. There's two officers down.
Operator: There's two officers down?
Mrs Zito: Yes, please.
Operator: OK.
Mrs. Zito: An ambulance right away.
Operator: Yes ma'am. Can you tell me how bad they're injured?
Mrs. Zito: I don't know - my son's... (crying) crazy.
Operator: OK, did your son do this ma'am?
Mrs. Zito: (Crying) I don't know, I don't know what's happened.
Operator: OK, get them to Zito's, they've got two officers down. OK Mrs. Zito, Mrs. Zito are you by yourself?
Mrs. Zito: Yes.
Operator: OK, listen to me, where's he at?
Mrs. Zito: He's over in his trailer. They tried to break in on him and he told them not to and they tried.
Operator: Ma'am where are the officers now? Where are the officers now?
Mrs. Zito: They're out at his place - my God get someone out here right away one of them might be dying.
Operator: OK, Mrs. Zito I've got somebody coming, I need you to tell me can you see them from where you're looking?
Mrs. Zito: I can see them if I go to the window to look.
Operator: OK, are they on the ground?
Mrs. Zito: Yes, one's inside the trailer and one's outside on the ground cause he ran.
Operator: OK, I've got one outside on the ground and one inside the trailer. Mrs. Zito I want you to stay on the line with me okay?
Mrs. Zito: OK.
Operator: I'm gonna keep Mrs. Zito on the line.
Mrs. Zito: Oh please get somebody here (cries).
Operator: OK, Mrs. Zito, I want you to calm down. I've got one laying in the yard and one inside the trailer. She says they're not moving.
Mrs. Zito: There's another officer out there with the one on the ground.
Operator: There's an officer bent over the one on the ground. She said there's somebody with the one on the ground.
Mrs. Zito: Let me see if he's still there.
Operator: Mrs. Zito where's your son now? Mrs. Zito? Mrs. Zito? Mrs. Zito? I'm trying to establish that he's still in his trailer. Mrs. Zito, Mrs. Zito?
Mrs. Zito: He's not on the ground now I don't know where he is. I don't see anybody around outside, I guess because... I didn't even know Frank had a damn gun in there.
Operator: OK, Mrs. Zito listen to me I want you to calm down one minute, okay. Where is your son?
Mrs. Zito: He's inside the trailer. I don't know if he's shot or not - my God I heard three shots I think.
Operator: OK.
Mrs. Zito: (Cries out.)
Operator: OK, Mrs. Zito, Mrs. Zito take a deep breath. I want you to calm down, OK? I want you to stay with me. We have got some help going okay? Can you see anybody at all? Can you see the other officer that was in the trailer?
Mrs. Zito: No, I see the cop cars outside there - they must have taken him in another trailer or something I don't know but there's three cop cars out there in the yard.
Operator: Can you tell if they're state police or town officers?
Mrs. Zito: There's the town officer, a young guy, and a, I forget what he said his name was and then there's a state police and then someone else.
Operator: OK, he does have other officers with him?
Mrs. Zito: I don't know which ones where shot.
Operator: You don't know who was shot?
Mrs. Zito: No.
Operator: OK, listen to me. I want you to stay on the line. I want you to take a deep breath.
Mrs. Zito: (Crying.) Says something inaudible.
Operator: OK, Mrs. Zito listen to me, OK? I know you're upset I want you to take a deep breath, OK?
Mrs. Zito: Yes.
Operator: Take a deep breath and let's calm down, OK? You can help us and help my officers by giving me any information that you have.
Mrs. Zito: OK.
Operator: OK?
Mrs. Zito: The neighbors called because his radio was too loud.
Operator: OK.
Mrs. Zito: An officer came to the door and asked him to come out. He wouldn't come out. The officer kicked his glass out of his door.
Operator: OK.
Mrs. Zito: And then I went, the officer came over here and I called Frank and Frank said no he wasn't coming out cause he hadn't done anything wrong, they were just harassing him.
Operator: OK, you have not seen him come out of the trailer, correct?
Mrs. Zito: No.
Operator: He's still in the trailer?
Mrs. Zito: As far as I know.
Operator: OK.
Mrs. Zito: (Cries.) My God, these people are slow getting here.
Operator: OK, we've got them coming Mrs. Zito. We want to make sure nobody else is gonna get hurt.
Mrs. Zito: There's somebody walking around out there on the lawn now.
Operator: Is it your son?
Mrs. Zito: I don't know who it is.
Operator: OK.
Mrs. Zito: Here comes a car, here comes something now. Where in the hell did he get the gun? Where?
Operator: Mrs. Zito can you look over Frank's house and see anything for me?
Mrs. Zito: The cops are running into Doug's trailer. Wait a minute I'll look. (Leaves phone.)
Operator: OK. Mrs. Zito? She said all the officers are running to the trailer next door where they've taken the wounded officer - they've taken a wounded officer to the trailer next door is what she's telling me - an injured officer.
Mrs. Zito?
Mrs. Zito: I think it's Frank on the ground out here and then there's another person on the ground over there.
Operator: OK you think Frank's laying on the ground?
Mrs. Zito: I think so.
Operator: What's he wearing?
Mrs. Zito: I don't know, I honestly don't - it's a red shirt so it's not a police officer on the ground - let me go see. (Leaves phone.)
Operator: All right, OK - we've got another subject on the ground in a red shirt they think is Frank Zito. Mrs. Zito has gone to look she's coming back in a minute.
Mrs. Zito: I think that's Frank on the ground.
Operator: OK, who's got Frank on the ground?
Mrs. Zito: The police officers.
Operator: OK, the police officers have Frank? The police officers have Frank according to Mrs. Zito - Frank Zito that's who they went after - OK listen to me, where are the other officers? I'm trying to find out where my wounded officers are.
Mrs. Zito: Do you want me to run over to Frank's trailer?
Operator: No, no, no I want you to stay put, OK I don't want anybody anymore outside, OK? I don't want you outside it's a very unsecure scene there right now OK, OK?
Mrs. Zito: But what about the other officers?
Operator: We've got ambulances coming and we've got other officers there.
Mrs. Zito: Where did he get a gun from, where? Oh God, he didn't have a gun.
Operator: Are there officers over top Frank now?
Mrs. Zito: Yes, they're standing over him.
Operator: OK. Frank Zito's in custody according to his mom.
Mrs. Zito: (Cries something inaudible.)
Operator: OK, OK, OK, Mrs. Zito take a deep breath and calm down.
Mrs. Zito: He wanted it...(cries something inaudible.)
Operator: Mrs. Zito, OK calm down, okay. You're my eyes out there, okay. You need to tell me what's going on now.
Mrs. Zito: OK just a minute. (Leaves phone.)
Operator: Mrs. Zito says they've got him on the ground. She's gonna go make sure its Frank. There's somebody on the ground in a red shirt.
(Someone enters Mrs. Zito's trailer and begins speaking. She cries out in background, "Killed? Get an ambulance. Dial 911.")
Doug Larrimore: Hello?
Operator: Hello I'm here - what's your name?
Doug Larrimore: Doug Larrimore. We're at the shooting scene.
Operator: OK.
Larrimore: At 303 Hammond Street. This is Frank's mother.
Operator: OK, I understand she's been talking to me. I need to know what's going on there Doug, you're my eyes, OK?
Larrimore: OK, there are two officers are down; I know one is D-O-A I think he's dead and they're working on the other one. They have the subject, he's in custody. They have him.
Operator: OK, is it a town officer? Can you advise me?
Larrimore: It's a town officer and a sheriff's officer.
Operator: Can you tell me their injuries at all?
Larrimore: As far as I know ma'am I heard them saying that the officer on the porch in the house is D-O-, is, is dead.
Operator: Are you sure?
Larrimore: Yes ma'am cause they're not trying to work on him at all they're working on a town cop laying out in the middle of the yard.
Operator: OK. All right, that's all I'm gonna need from you, OK. Tell Mrs. Zito to call me back I'm gonna let you go, OK?
Larrimore: You want me to tell Mrs. Zito to call you back?
Operator: Ah, no, I'll tell you what let's just, we'll go ahead and break this line now okay?
Larrimore: OK, ma'am.
Operator: All right, thank you.
Larrimore: Bye.
The officers knew he was not coming out...and they forced their way in on a loud noise complaint. There is absolutely no reason for them to be dead...they had no authority to kick in the door. This was a barricade situation and the procedure is to secure the perimeter and call for backup and a negotiator...
How this nutcase got a shotgun is another tragedy...
Captain: Some folks are asking around if there's any news on that indictment for the guy who murdered our cops ... the Mayor, Chief, Governor ...
AG: Bundy took the file up to the lake this weekend. He wants to chew on some of the Constitutional issues that give him pause, work them through some paces like only he can. Oh and he's taking a personal day Monday. Captain: ABundy, oh yeah no problem ... y'know the Funerals ARE today and we have those 600 LEOs for the procession, the question might come up ... but yeah ... ABundy .... whenever ..
You are such a phony Abundy. You'd still be sitting on this Zito case trying to get your arms around the definintion of "murder"! What a wanker. You're unfit for duty pal.
If I had the case I'd be arguing the law as best I could...have before in close calls and will again. Sometimes you win, sometimes you lose the close ones. Notice a judge concurred that the officers acted in violation of Zito's rights. Too bad for you statists. I'll bet you a beer that this isn't the last anyone has heard on the suppression issues...this will most certainly be appealed.
I hope I never have to deal with a case such as this...two officers are dead because they didn't follow procedure coupled with the fact a nutcase wasn't given the assistance he needs from State Mental Health professionals and said nutcase obtained access to a firearm. The circumstances here suck...three families and a whole communtiy have been failed by State Mental Health policies and a governor that gives $ to his own pension fund and two stadiums.
But you would rather rant about how I'm an idiot, the police never screw up and this guy should fry...nice attitude. Glad you live in Minnesota and not around here...
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