"America is at that awkward stage.
It's too late to work within the system,
but too early to shoot the bastards."
- Che Guevara
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. >{?
Under the circumstances of this case, the defendant will walk; if not aquitted by a jury, he will win on appeal. I fail to understand why cops beat down doors to arrest someone or to serve papers when they could simply wait until the guy goes out in public and arrest or serve them then. Most of these 'mistakes' could easily be avoided since the level of danger would be much reduced.
Memorial Fund:What is the point of your post?
Nickerson/Schwenz Memorial Fund C/O Centreville National Bank, Commerce Street, Centreville MD 21617Officer MICHAEL NICKERSON (26) - killed in the line of duty
Deputy JASON SCHWENZ (28) - killed in the line of duty
Didn't fit your cop-hater agenda? Too bad.
All in all, this is a very sad situation and our prayers need to be with all those involved. Maybe this should be a lesson to law enforcement personnel and agencies to re-examine the arrogance and utter disregard for the constitutional rights of citizens. This seems to be a cultural thing with too make LEAs and prosecutors. The poor street cop is led to believe that these actions are lawful when the opposite is true.
Another point, just because someone claims to be a cop does not mean they are a cop.
Memorial Fund:
Nickerson/Schwenz Memorial Fund C/O Centreville National Bank, Commerce Street, Centreville MD 21617Officer MICHAEL NICKERSON (26) - killed in the line of duty
Deputy JASON SCHWENZ (28) - killed in the line of duty
Perhaps you could donate to Zito.
He had no legal duty to 'come out'.
Good morning. I am honored that Officer Michael Nickerson's family asked me to speak briefly today.
Another hero has fallen. Two days after his fellow police officer, Sheriff's Deputy Jason Schwenz, was laid to rest, we are here to say farewell to Patrolman Michael S. Nickerson.
To the family of Patrolman Nickerson: his mother Sue, his father Joe, his brothers Albert and Philip, please know you have Kathleen and my deepest sympathies. We cannot begin to know the grief you feel today. I only hope our presence here can be a comfort to you. Please know that we are grateful to Michael for his service as a police officer. . . . service for which he made the ultimate sacrifice. Today, as citizens, we stand shoulder-to-shoulder with the police officers gathered here, who protect us daily... nightly... always. We stand side-by-side to pay tribute and respect to a man. . . a man who dedicated his life to one of the most difficult jobs imaginable. It is right that we grieve together, yet it seems so small in comparison to what Patrolman Nickerson gave up for us.
Patrolman Nickerson was only 24-years-old when he gave his life in service to the citizens of our State. We can only imagine the great things which awaited him had he not been taken from us. He was so young, just beginning to rise to his full potential. He had little doubt in his heart about the man he wanted to be. He wanted to serve. His family knew it. His police chief knew it. We now know it. In just three weeks on the job as a Centreville police officer, the citizens of this town and county came to know it as well.
I am thankful there are men and women who care enough to accept the challenges of being a police officer. There are many who could not take up this great cause. We call upon these dedicated individuals to deal with the worst our society has to offer. We call upon them to be part of the law enforcement family on and off the clock. We call upon them to give more than any of us has a right to ask - their very lives.
Euripides said, "When good men die, their goodness does not perish." I believe this can be taken one step further with Officer Nickerson. His cause, his goals, his reason for being a police officer live on.
Patrolman Nickerson is not just a hero because he died in the line of duty. He is a hero because he chose to accept the challenge of being a police officer. He is a hero because he was willing to serve the citizens of Centreville with everything he had, even when it meant giving all he had.
Our hearts are filled with sorrow today, but they are equally filled with gratitude to this fallen officer. We are grateful for his life, for his example, for his service, and for his sacrifice. We can never repay Patrolman Nickerson for what he gave. We can only promise to never forget.
The Bible, Matthew, Chapter 5, verse 9 reads: "Blessed are the peace makers because they shall be called the children of God." As Governor, on behalf of the 5 million citizens of our State, I thank all the peace makers for the job you do every day. And I thank the Nickerson family for including me today. Bless all of you.
Thank you.
The "problem" was entering his porch in response to a public disturbance complaint, not the shotgun murder of two men? What an interesting perspective.
Close your eyes, wouldn't want you to get upset.
Memorial Fund:
Nickerson/Schwenz Memorial Fund C/O Centreville National Bank, Commerce Street, Centreville MD 21617Officer MICHAEL NICKERSON (26) - killed in the line of duty
Deputy JASON SCHWENZ (28) - killed in the line of duty
Actually, the porch of the trailer he was renting from his mother, in response to a public disturbance complaint. Either way, the lamest justification for murder imaginable.
That the life of two policemen is worth less than the door of a trailer porch in the eyes of Zito's apologists says a lot about their priorities.
Objecting to information about the victim's fund does too.
Again, shield your eyes.
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
You haven't shown how Mr. Zito's life was in any danger, or how he acted in self-defense. His defense attorney is going to have the same tough problem selling the militia nutcase spin to 12 rational jurors.
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