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. >{?
Were the slain officers committing murder, rape, robbery, arson, or burglary?
No, only a lunatic or a blind zealot could believe such a thing.
Dizzy from spinning yet? Which statutory exception to Maryland's definition of murder did the "interpretation" "pretty much" come from?
Yet even that sophistry fails.
Were the slain officers committing murder, rape, robbery, arson, or burglary?
Which you have already admitted isn't even Maryland's statuatory language. However, even that thin disingenuous reed fails to stretch to accomodate your increasingly desperate reach.
Attempting to equate two police officers standing on your porch asking you to turn down your stereo as being "like" murder, rape, robbery, arson, or burglary; because they "broke your door" is an affront to reason. The jury would see you for exactly what you were.
Now you're outright lying.
Are you now back to implying that it is Maryland's law?
The commited illegal breaking and entering, which would be considered under 'and the like'.
Attempting to equate two police officers standing on your porch asking you to turn down your stereo as being "like" murder, rape, robbery, arson, or burglary; because they "broke your door" is an affront to reason. The jury would see you for exactly what you were.
Unfrigginbelievable...we actually agree on something. KUDOS to the ACLU for creating this problem back in the '70's via lawsuits...they instantly created the homeless problem and a large population of mentally ill who can't get help they need when they forced State Mental Hospitals to let out most of their patients.
Unfortunately, the Maryland Pattern Jury Instructions aren't online (I can't find them as of yet) or I already would have posted them...not that it would do any good for these imbeciles.
They'd just keep making illogical, emotion-based arguments like good little liberals.
The problem for Zito is that a jury must determine what "reasonable" means with respect to this incident. The problem for the State is who's definition of reasonable: you or I, or a mentally ill individual. Well settled in the law that the "reasonableness" is viewed in the mind of the accused. I take heat for that from lots of posters when I try to explain why a police shooting is justified due to the inquiry being "what would a reasonable police officer perceive and do."
With respect to this case, the best outcome would be for the NCR to come back as not competent, than Zito could be held at Perkins until he dies. Maryland won't execute him, it can't by it's own law - he's clearly mentally ill. We just went through that in the Elmer Spencer case - mentally ill pedophile rapes and kills 8 year old...and the State couldn't seek the death penalty.
Yes, there's no duty to retreat in one's home; armed individuals unlawfully entering your home are committing a felony; if Zito was in fear of death or serious bodily harm he can use deadly force. This case sucks all around...and so do most of the sychophants on this thread.
The article does say that Zito "threatened" the officers, I don't know what it was or how it was done. (besides the noise complaint) I'd like to know what that threat was; maybe he said he had a gun, who knows. If he said he had a gun I sure wouldn't have kicked the door in. I would have backed off and done what every smart patrolman does; get on the radio and say "let me see a boss over here." They get paid the big bucks, let him make a decision, plus, if I'm upset at the guy inside the house, it gives me a chance to cool off. What's that saying: "discretion is the better part of valor?" (LOL, is that it?)
Off the top of my head I'd say the cops messed up by going in after the guy but I believe Zito knew they were the police, doesn't like cops, and now he's using the "I didn't know who they were, I was protecting my home" defense.
Also, that cop #3, the one that pepper sprayed Zito. He sure showed some incredible restraint. I would like to think that had it been me; Mr. Zito wouldn't have to worry about testifying in court. Bring pepper spray to a gun fight?
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