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Frank Zito says he shot police because they broke his door{ unreasonable search and seizure }
The Star Democrat ^ | April 04, 2002 | By: BRIAN HAAS

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. >{?


TOPICS: Constitution/Conservatism; Crime/Corruption; Front Page News
KEYWORDS: donutwatch; unreasonablesearch
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To: Abundy
Thanks for the info in post 66.

I'm sorry the cops are dead, but if they acted without a warrant or one of the exigencies you mentioned, they had it coming. I guess Darwin works with the cops as well.

Just because the cops might have had the "right" to enter the dwelling, doesn't mean it was the smart thing to do.

201 posted on 04/07/2002 8:43:32 AM PDT by wcbtinman
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To: freespeech1
I would like to state what I think about the Law about not being able to evict a tenant with my personal experiences.

We (mom and us kids, I was 10) moved to the other side of the state due to work shifting mom's job. Mom decided to rent the house out and just rent over there. We told my grandfather and he "rented" the place for us. We came back a couple months later (having recieved no rent) to look over the place and talk with this fellow (with 5 kids/wife he did not tell grandpa about). They had trashed the house, pooped on the floor, rigged the electricity, water, broke into the guest house and had a yard sale with the antiques to the public for pennies on the dollar. We never did get out antiques back. They slept on the floors, smoked dope and colored on the walls with permanate markers. It smelled like human waste. We contacted the police and they were able to evict them due to not paying the first rent and illigally riggin the power box.

The fellow stole the power box fuses that were rare when he left. Mom finally told Dad (they were divorsed) what had happened. Dad took me and we went to this fellow's next victum's house where they were staying. Dad called the fellow out, grabbed him by the neck (Dad is huge) and said call your woman out and tell her to get those fuse box plug-ins now. He did, she did and we left never to see that scum again. I still love my dad for standing up for mom that day. I always will.

Low OiL

202 posted on 04/07/2002 8:48:28 AM PDT by LowOiL
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To: Cultural Jihad
"The fact that the police may not have respected his 4th Amendment rights, is no excuse for murder."

If the facts are as posted, and I'm on the jury it is. You seem to be upset because it is cops who were killed. Well, they have to obey the law just like everyone else. In fact, legally they are held to a higher standard because they are trained in the law much more than the average citizen.

You and Arnie treat the 4th amendment as a mere tecnicality. That's very sad, and in this case the shooter may walk because the cops also (apparently) considered it as such.

203 posted on 04/07/2002 9:07:26 AM PDT by wcbtinman
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To: wcbtinman
If the facts are as posted, and I'm on the jury it is.

Thank goodness for voir dire.

204 posted on 04/07/2002 9:22:00 AM PDT by Roscoe
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To: Cultural Jihad
HOW LONG WERE YOU DEAD?

From Douglas M. Barlow of Beau mont, these excerpts from the voir dire examination in a capital murder case, of a potential juror who seemed "to be an expert on death."

Q. Have you ever been arrested for anything else, Mr. Clay?

A. Well, I had a hotel and this guy came in the hotel and cleaned the hotel, stole everything in the hotel; and we went [and] sold it to some- one. And this is the point: I was in jail already when they did sold it.

Q. For what?

A. I don't recall. Because I used to help, you know, help the police department out.

Q. Undercover work?

A. Yeah, a little bit something like that. Kind of dangerous, you know. I like that, you know -I got killed one time.

Q. You did?

A. Uh-huh. In New Orleans. Some people killed me and what hap- pened, they got a implant inside of me, inside of my temple; and what that implant is is the one thing that keep me alive. And I'm worth about $4 billion to the United States as long as I stay alive with that thing inside of me...

Q. Okay. How did you get killed?

A. I was in New Orleans and I was on the street and I was moving, you know, just going around and a bunch of people, about five of them, killed me, you know.

Q. How did they kill you, shoot you?

A. Beat the heck out of me and tore my head off. Got another face on me. They fix it back up, you know.

Q. How long were you dead?

A. You can find out from the hospital how long I was dead.

Q. But you don't know?

A. No, I don't know, I was dead.

Q. I understand. So, you've been in jail twice?

A. Quite a few times but not for - not for doing nothing wrong. Defending myself.

205 posted on 04/07/2002 9:24:26 AM PDT by Roscoe
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To: Roscoe
"Thank goodness for voir dire."

Nah, that's just another legal technicality. (to you guys anyway)

206 posted on 04/07/2002 9:37:05 AM PDT by wcbtinman
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To: Nowhere Man
Generally, I support strong law enforcement and tough sentencing for violent criminals, but I think we need to honor the protections that are given to us in the Constitution as well. The militarization of law enforcement is kind of disturbing to me. Sure SWAT teams are needed, but when you expand it to the rank and file cops, I think that's when it can really backfire on you.

Some would argue that you and I must abide by the law, whereas the police are allowed to kick in your door without a warrant, and they are not to be prosecuted for their violation of the law. Secondly, some would want you to be prosecuted for defending your home against illegal intruders. An American has no idea what his rights are today. So, rather than defend his home, he surrenders when someone kicks in his front door. Welcome to the New World Reorder. Present your papers, please.

207 posted on 04/07/2002 9:44:40 AM PDT by antidemocommie
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To: Roscoe
Assuming that your bark had a bite and that you survived the attempt, a real jury would probably return a verdict of guilty.

Assuming I survived, as my bark has lots of bite, but in reality I'd be outnumbered, I wouldn't try it in front of a jury.

Why not? Because a judge will apply the law devoid of emotion, which you cannot do, and acquit me.

208 posted on 04/07/2002 9:57:58 AM PDT by Abundy
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To: Roscoe
Just to let you know, Clifton T. Perkins is a state-run hospital and all the employees are state employees. The Public Defender will likely farm this case out to a private doctor for a second opinion. I have yet to see a state hospital come back with a not-competent eval. Most of the time I agree, but I'm reminded of the defendant I prosecuted a while back whose IQ was 70 - one point above the State criteria to house him. He couldn't even answer the judge's question: "what do you like to do?" - he just stood there with a stoned look on his face (he wasn't, he'd been in jail for over a year) and drooled.

The judge was pretty disgusted that his eval had come back as competent to stand trial...but he and I were bound by it. Since he was only charged with simple assault the PD couldn't get his superiors to spend the $ to get a second opinion. Everyone that knows him, defense bar, the Court, and the police all agree he needs to be in a supervised, state-run facility to insure he takes his meds...but the state won't take him because his IQ is one point to high. Some day I may end up prosecuting him for a similar event as has sparked this thread - whose fault will it be? This poor bastard can barely remember who he is - let alone make decisions on or off his medication.

Very sad...

209 posted on 04/07/2002 10:06:18 AM PDT by Abundy
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Comment #210 Removed by Moderator

To: Abundy
Thanks for the explination! And I'll trust your judgement on him knowing who was comming in the door. I agree with the rest of your statements.

It appears Roscoe either doesn't believe in self-defense (which could be a logical conclusion of his "you have the killer, the victims, the smoking gun and a living witness, and that makes it murder" posts), or he doesn't believe the police can do any wrong. Either way, he's a pretty stubborn FReeper, ain't he? :)

-The Hajman-
211 posted on 04/07/2002 1:37:53 PM PDT by Hajman
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To: Abundy
[Assuming that your bark had a bite and that you survived the attempt, a real jury would probably return a verdict of guilty.]

Assuming I survived, as my bark has lots of bite, but in reality I'd be outnumbered, I wouldn't try it in front of a jury.

Further reducing your odds.

212 posted on 04/07/2002 1:55:03 PM PDT by Roscoe
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To: Abundy
The Public Defender will likely farm this case out to a private doctor for a second opinion.

"Patricia Chappell and Brian Shefferman, defense attorneys for Zito, called two expert forensic psychiatrists to the stand who testified that Zito was not mentally competent to stand trial - despite the fact that Zito thinks he is competent...

After a 90-minute recess, Judge Davis ruled that Zito is competent to stand trial. He said Dr. Goldberg's testimony was the most relevant because as an employee of Clifton T. Perkins Hospital he has had continual access to Zito for almost a month."

The Star Democrat | March 29, 2002 | By: BRIAN HAAS

http://www.zwire.com/site/news.cfm?newsid=3699958&BRD=2101&PAG=461&dept_id=417987&rfi=8


213 posted on 04/07/2002 2:04:43 PM PDT by Roscoe
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To: D Joyce
This was a clear case of self-defense. When you cops realize you are not elevated above the citizen, but a servant to him, you might knock and save your miserable JBT life.

Were you an OJ juror?

214 posted on 04/07/2002 2:09:08 PM PDT by Roscoe
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To: wcbtinman
Francis M. Zito - charged with 11 felonies including first-degree murder
CENTREVILLE, Maryland
Jury indicts Zito for murder of 2 police officers--(Star Democrat)-- After minutes of deliberation Monday, a grand jury returned indictments of murder in the first degree against Francis "Frank" Zito, the man accused of killing two Queen Anne's County police officers.

215 posted on 04/07/2002 2:29:47 PM PDT by Roscoe
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To: Hajman
Memorial Fund:
Nickerson/Schwenz Memorial Fund C/O Centreville National Bank, Commerce Street, Centreville MD 21617

Officer MICHAEL NICKERSON (26) - killed in the line of duty
Deputy JASON SCHWENZ (28) - killed in the line of duty

216 posted on 04/07/2002 3:30:26 PM PDT by Roscoe
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Comment #217 Removed by Moderator

To: ArneFufkin
Eyewitness evidence of a police officer to the shotgunning death of two of his bretheren.

People can't even shotgun police officers who come on their porch and request that they turn down their stereos? What's the world coming to!?

218 posted on 04/07/2002 4:19:54 PM PDT by Roscoe
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To: Roscoe
Grand Juries indict lots of people who are innocent. Its common practice/knowledge that Grand Juries do not always see the same, or all of the evidence that shows up in court.

Am I supposed to be somehow impressed by this indictment(s)?

219 posted on 04/07/2002 6:21:28 PM PDT by wcbtinman
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To: wcbtinman
At least the Grand Jury took minutes. Seconds would have been enough.
220 posted on 04/07/2002 7:11:56 PM PDT by Roscoe
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