Frank Zito says he shot police because they broke his door{ unreasonable search and seizure }

The Star Democrat ^ | April 04, 2002 | By: BRIAN HAAS

[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. >{?

[ArneFufkin]

Let me clue in on something ... if the officers would have arrived at that door with a proper warrant - Zito still would have shot them dead. The problem was Zito, not the officers. That's a little too shaded for your black and white world, so we'll just say the cops got what they deserved, and you can revel in your purity.

[Roscoe]

Defending the murder of police officers. They're a disgrace to this site.

[tpaine]

Frank Zito is the latest in a long line of villains advanced on FR as martyrs. He merits the eternal fire that awaits him.

--- No one here, save you, claims that Frank Zito is 'advanced on FR as a martyr'.
While he may indeed merit the eternal fire that awaits him, the same judgment applies to you, roscoe, for your many lies, deliberate misjudgements & slanders here at FR. -- For shame.

[tpaine]

Your buddy, ArneFufkin, is advocating the murder, by poison, of all drug users. He's a disgrace to this site.

[Roscoe]

And the inevitable obsession with legalizing drugs shows its face.

[tpaine]

Your buddy, ArneFufkin VA advogodo , is advocating the murder, by poison, of all drug users. He's a disgrace to this site.

Whoops.. - Arne - meet VA. -- You guy are easy to confuse. Same lines.

[tpaine]

VA is obsessed, like you roscoe. -- Not me.

[supercat]

Let me clue in on something ... if the officers would have arrived at that door with a proper warrant - Zito still would have shot them dead.

Perhaps; the facts still remain, though, that (1) that isn't what happened; (2) while the failure to abide by the Fourth Amendment is one of the major complaints, there's also the matter of common sense. There are police procedures to minimize the likelihood of anyone getting hurt, and had they been followed the two officers almost certainly would not have gotten shot.

[ArneFufkin]

Roscoe, I'm going one more bold, daring and totally unsupportable and ill conceived prediction here ... I will predict that the officers had full legal basis to enter Zito's domain. It is possible from his behaviour before and after, that Zito was in the throes of an unresponsive and violent psychotic episode. If so, every rental agreement has a clause where the owner/manager and emergency/police personnel can enter a residency if for good cause. Not only that, but police can enter a home if they judge that a person within is imminently vulnerable to hurting themselves or someone else.

I'm going to say, they entered Zito's trailer with legal right and performing their duty vailiently. These two policemen did not finish lunch and say ... "ok partner, where to? Hey, let's go f*** with Zito." They were doing their job, they weren't Nazis or jackboots.

If so, if so, it was just two poor cops taking some lead but boy did the Freepers enjoy the hysteria of describing and loathing a new conjured police state.

Or, I could be wrong.

[Roscoe]

The officers died serving the public, yet lowlifes will try to defile their memories.

[ArneFufkin]

That's what my original post was here ... regardless if they came through the door at the mother's plaintive urging ... they didn't deserve to die. That made me a Nazi apparently, this from an ex-cop and super prosecutor too. The surreal and increasingly ugly world of FR just keeps on keepin on. Best Regards

[tpaine]

This was your first post on the thread, and, -- as usual, - you lied about it:

To: Texasforever

Tex, this has to be a coordinated infiltration by agent provacateurs. There cannot be this many people, all in our forum, who are so devoid of perspective, proportion and honesty that they would proclaim that the United States of America is a police state. It is such a disgraceful perversion of history and geopolitical awareness as to be either a disruptive campaign of vandalism or an appalling ignorance. And it's everywhere!!!!

45 posted on 4/6/02 1:42 AM Pacific by ArneFufkin

[ArneFufkin]

I thought you and I were giving each other the silent treatment! You are incouraggable Hey could you check through my posts though, and let me know which thread I did say that these policemen didn't deserve to die? Thanks in advance!

[ArneFufkin]

tpaine, Thanks for reposting my original by the way. That was some good work on my part, and I appreciate you recognizing that.

[ArneFufkin]

It was my second post, but thanks for keeping me real!

[tpaine]

Repost your first.

[Hajman]

Comes down to this I guess: what was the more heinous act that day? The two policemen using the key to come in the door, or the two policemen being blown out the door dead from a shotgun blast?

False dilemia. The guilt of the citizen hasn't been determined yet. And last I checked, a person is innocent until proven guilty. So it's up to you to prove that he's guilty. What makes you think he's guilty of murder? (FYI: Shooting a cop doesn't instantly make one a murderer).

-The Hajman-

[William Terrell]

. . .if the officers would have arrived at that door with a proper warrant - Zito still would have shot them dead

The police busted in like they are doing more and more nationally. Supposed they knocked on his door and announced themselves saying they had a warrent. You say he would have blasted them anyway. How could you possibly know that, enough to give an order for "dynamic entry" and put his life and the lives of officers in deadly danger?

Of course, you didn't give that order, for sure. But, from your declarations, and your statement above, it must be assumed you would have given that order had you been in charge, or else you're would be a hypocrite.

[freespeech1]

will you wake up

is it to late for you and America

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