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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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Comment #261 Removed by Moderator

To: Hajman
Since you don't have any actual law in support of you bizarre contentions, let's return to your pseudo-statute: "A man may repel force by force in defence of his person, property or habitation, against any one who manifests, intends, attempts, or endeavors, by violence or surprise, to commit a forcible felony, such as murder, rape, robbery, arson, burglary and the like."

Were the slain officers committing murder, rape, robbery, arson, or burglary?

262 posted on 04/08/2002 1:19:23 AM PDT by Roscoe
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To: infowars
You mean shotgunning two police officers standing on your porch asking you to turn down your stereo, because they "broke your door" to the porch?

No, only a lunatic or a blind zealot could believe such a thing.

263 posted on 04/08/2002 1:21:27 AM PDT by Roscoe
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To: Roscoe
Really? Which "self-defense law" was it an "interpretation" of?

Busted again.


Cute. The interpretation came pretty much directly from the law. I've seen the law about it before, and yes, it does include self-defense in that sense. Nice Clinton parsing though. I'm searching for the actual Maryland law, so you don't go Clinton parsing every sentence and claiming you're correct (but I'm sure you'll try).

-The Hajman-
264 posted on 04/08/2002 1:23:45 AM PDT by Hajman
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To: Hajman
The interpretation came pretty much directly from the law.

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?

265 posted on 04/08/2002 1:29:25 AM PDT by Roscoe
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To: Roscoe
Since you don't have any actual law in support of you bizarre contentions, let's return to your pseudo-statute: "A man may repel force by force in defence of his person, property or habitation, against any one who manifests, intends, attempts, or endeavors, by violence or surprise, to commit a forcible felony, such as murder, rape, robbery, arson, burglary and the like."

Were the slain officers committing murder, rape, robbery, arson, or burglary?


Very good. You managed to break yet another logical rule: the False Dilemma (giving a limited number of options where there's more options availiable). The commited illegal breaking and entering, which would be considered under 'and the like'. Nice try though.

-The Hajman-
266 posted on 04/08/2002 1:30:05 AM PDT by Hajman
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To: Roscoe
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.


If you claim this before I find the law, you're being dishonest. I'm looking. Or do you understand that concept?

Were the slain officers committing murder, rape, robbery, arson, or burglary?

Logical fallacy: False Dilemma (see post #262).

-The Hajman-
267 posted on 04/08/2002 1:32:08 AM PDT by Hajman
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To: Hajman
The commited illegal breaking and entering, which would be considered under 'and the like'.

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.

268 posted on 04/08/2002 1:38:31 AM PDT by Roscoe
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To: Roscoe
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.

Now you're outright lying. Better show evidence for this one.

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.

Dude (or dudette), you need glasses. Actually read my posts, then comment on them. Comprehension doesn't seem to be your strong suit tonight. I said no such thing.

-The Hajman-
269 posted on 04/08/2002 1:41:48 AM PDT by Hajman
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To: Hajman
[Which you have already admitted isn't even Maryland's statuatory language.]

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.

270 posted on 04/08/2002 1:50:05 AM PDT by Roscoe
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To: Roscoe
Are you now back to implying that it is Maryland's law?

Yes, I'm implying it is Maryland's law. No, I don't know for certain if it is or not. Yes, I'm looking for it. Too bad I have to waste my time spelling things out for you. Could be using it to find Maryland's law for self-defense.

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.

You still can't read, and you obviously deliberately ignored when I said I didn't claim this. You're the one getting desperate. Now I'm going to find Maryland's law, then post my reply.

-The Hajman-
271 posted on 04/08/2002 1:55:43 AM PDT by Hajman
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To: Cultural Jihad
Thanks to the liberal's crusade of "patient's rights," borderline mentally ill people are allowed to be ignored and deprived of the help they really need.

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.

272 posted on 04/08/2002 2:00:17 AM PDT by Abundy
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To: Hajman
Don't bother wasting your time...yes, Maryland self-defense law follows what you posted. Self-Defense is a recognized, common law defense to charges involving battery all the way up to homocide. There are two types, imperfect and perfect. Yes, breaking into a dwelling, at night while armed is a felony in Maryland, and under normal circumstances a Maryland homeowner can repel such an entry with deadly force if they feel their life is in danger. This case is by no means ordinary for a number of obvious reasons.

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.

273 posted on 04/08/2002 2:07:35 AM PDT by Abundy
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To: Roscoe; Abundy
Roscoe, you wanted Maryland's law, you've got it. Abundy: FYI, and to help out with the specific interpretations, especially when such law (self-defense) becomes valid in these cases, if you wouldn't mind. I'd be greatful if you did, if not for Roscoe's sake, but for mine.

Maryland Tort Law: Self-Defense:
Maryland Criminal Law: Self-Defense:
No duty to retreat means any situation where the person is in a situation where s/he doesn't have an obligation to move away from the situation (such as in the home). Note that self-defense in one's own home is specifically stated. Abundy, if you could give more info on self-defense against the criminal trespassing of the officers in the person's own home, it'd be much appriciated.

-The Hajman-
274 posted on 04/08/2002 2:27:47 AM PDT by Hajman
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To: Hajman; Roscoe; Abundy
Whoops. It appears I've made a blunder in one of my links:

Maryland Tort Law: Self-Defense

That's better.

-The Hajman-
275 posted on 04/08/2002 2:30:57 AM PDT by Hajman
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To: Hajman
I already tried...they don't care. When confronted with logical arguments, legal facts and/or the law they just attack via emotion and ad hominem.

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.

276 posted on 04/08/2002 2:37:37 AM PDT by Abundy
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To: Abundy
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.

Interesting (you're entire post). How would illegal breaking and entering be constructed as a fear of death or serious bodily harm? (Without asking one how one would feel in that situation).

-The Hajman-
277 posted on 04/08/2002 2:43:17 AM PDT by Hajman
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To: Hajman
In front of a jury, especially homeowners, it would raise a presumption if you've got a good defense attorney who can present the issue well. In front of a judge it would be harder...a judge will evaluate free of emotion for the most part.

How about taking a quick quiz?

278 posted on 04/08/2002 2:52:20 AM PDT by Abundy
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To: Abundy
I've been in this situation a couple of times; sent to a house on a noise complaint and the owner won't come to the door but we know he's in there. What we have done is simply issued a summons for him to appear in court. I'll be honest, I would have liked to kick the door but this is what happens.

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.

279 posted on 04/08/2002 7:20:55 AM PDT by Cap'n Crunch
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To: Abundy
Amen to your post 272, there are way too many people with mental problems out on the street.

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?

280 posted on 04/08/2002 7:29:35 AM PDT by Cap'n Crunch
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