Engaging the culture by challenging the status quo
Reasonable doubt anchors Sean Bell ruling
BY ANTHONY DESTEFANO
newsday.com
The Queens judge who cleared the three detectives in the Sean Bell case found that the state’s case was riddled with problems and that the prosecutors had failed to defeat the cops’ claim that they fired in self-defense on Liverpool Street the night of Nov. 25, 2006.
It took Queens Supreme Court Juctice Arthur Cooperman less than 10 minutes to read his decision in which he acquitted detectives Michael Oliver, Gescard Isnora and Marc Cooper of all charges stemming from the 50-shot barrage that killed Bell and wounded two of his friends.
“The prosecution has not proven beyond a reasonable doubt that each defendant was not justified” in using deadly force, Cooperman said.
As their supporters in the Kew Gardens courtroom gasped and cried in relief, the detectives were quickly ushered out of a back door, after having entered through the main public entrance earlier.
Though he praised the efforts of defense and prosecution attorneys, Cooperman didn’t disguise his feeling that the district attorney’s office didn’t marshal a convincing case in the nonjury trial.
“At times the testimony didn’t make sense,” said Cooperman, about the witnesses used by the Queens district attorney’s office to try and make the case. He also said that the proof wasn’t to be measured by any carelessness or incompetence, which prosecutors argued had been the way the cops acted, but rather by the standard of guilt beyond a reasonable doubt.
[...]
Cooperman said some witnesses had major credibility problems because they had given inconsistent statements on the witness stand, in the grand jury and in meetings with prosecutors, or had an interest in the outcome of the trial because of lawsuits. The latter was an apparent reference to Trent Benefield and Joseph Guzman, two friends of Bell who were wounded in the incident and were suing the NYPD.
But what Cooperman said swung him against the prosecution was the defense of justification — self-defense — which he said shifted the burden of proof to prosecutors in a way they couldn’t overcome.
The cops claimed that they suspected based on what Isnora and others witnessed outside the Kalua Cabaret, the scene of Bell’s bachelor party, that Guzman might have had a gun.
Although no gun was ever found, Guzman’s movements in Bell’s Nissan Altima led Isnora, who had been struck by the car as it attempted to drive away, to yell out “gun” and then commence firing 11 shots. That shooting sparked the firing by Oliver, who discharged 31 shots, and Cooper, who fired four times. Other cops who weren’t indicted fired the remainder of the 50 shots. (more…)
Sphere: Related Content
No Responses to Officers Acquitted In Sean Bell Trial
Nubianus
April 25th, 2008 at 2:12 pm
Someone posted up an analogy comparing this travesty of justice to the 3/5 compromise, and this seems to sum up the way African-American lives are still valued far too often. I have some sympathy for cops in general, they have a tough job with tough calls, but this was just inexcusable. I have white, Latino and Asian friends backing us up on this, so this is hardly an unusual conclusion. This was, without any doubt, a horrendous act against a human being, and a decent one at that, taking care of his family. While accounts vary, Sean Bell seems to have been reasonably afraid that he was being carjacked– the undercover officer did not identify himself, and when Bell and Guzman took off like that, they were doing so in the fear that they were being attacked, not running away from an arrest. Besides, why shoot 50 times against someone who’s obviously fleeing? It’s so frustrating that this was given short shrift.
Despite the anger we all justifiably have due to the injustice of the Sean Bell case, we need to harness this anger toward productive uses.
If things are ever going to improve for African-Americans, we have to redouble our efforts to gain social, political and economic power here.
Remember, time and demographics are both on our side. Whites now have a birth rate well below replacement in the USA, while the African-American population grows steadily both by natural growth and immigration from Africa, Brazil and the Caribbean. Even some Blacks immigrating to the USA from France, Belgium, the Netherlands, Germany and Spain. (BTW if any of you can speak Spanish and/or Portuguese, please encourage our Black brethren in Latin America, especially from Brazil, to emigrate to the USA. There’s strength in numbers.)
I know Blacks and Latinos have often been at loggerheads, but we’re natural allies– both fighting against White oppression, with Latinos having been invaded in multiple wars by the Anglos in Florida, the Mexican-American War and Spanish-American War. Latinos lost half of Mexico when Anglos invaded in 1848, and were ethnically cleansed by Anglos so that they could start slavery in the conquered territories. Blacks and Latinos today are natural partners in the fight for social justice, both fighting for affirmative action and against discrimination. Spanish is an easy language to learn, and the more that we reach out to each other, speak some Spanish ourselves, and support our Latino brothers and sisters, the more our alliance is cemented.
I’d say if anything, the key for us is to gain political power, and to do that, it’s best to concentrate ourselves geographically a bit more in a few states, where we will soon be the majority. On the one hand, we need Blacks throughout the country to demand our rights, but on the other, a better geographical focus is the key to political power, as it is throughout the world’s democratic countries.
IOW, we need to have our own “North American Nubia” where we have a demographic majority and political power. Some Deep South States are obvious candidates– Mississippi, Alabama, Louisiana for example, all of which will soon be Black-majority within perhaps a decade. This would be a core of our nation.
But we can have a second North American Nubia (or North American Africana, whichever name you prefer) in the Upper Midwest– Michigan is one of the Blackest states in the Union, and much of Illinois is also strongly African-American in demographics, culture and social importance.
Some of my homies from college have even urged conversion to Islam for African-Americans. It’s not something I’ve considered myself, though I’ll acknowledge that at least for many urban African-Americans, they’ve done quite well after the conversion. Many having been in jail or kept out of jail, they become more focused and disciplined, as fathers they take care of their Black children and care better for Black women, stay away from drugs and violence and so forth. (interesting link a friend sent to me– The Nubian Manifesto )
IMHO there are many different personal routes we can take for empowerment, but as a group, we must stay strong and focused and, again, have enough of a geographic concentration that we can gain political power. Just as we should ally with Latinos as they become the majority in their own homelands in Southwestern states and Florida, so should Blacks ally with Muslims in Michigan (who will soon be the majority in that state).
It’s obvious from our people’s history here, that we’ll survive only by standing up for ourselves. Political and economic empowerment are the central aspects of this.
LISA
April 25th, 2008 at 9:57 pm
The Sean Bell injustice was horrific.
Black men, there is terrorism in this country that has a goal for your annihilation. PLEASE be watchful.
Thanks for letting me blow my trumpet!
Lisa
http://blackwomenblowthetrumpet.blogspot.com
Kodiack
April 28th, 2008 at 5:11 pm
Its so easy to feel sorry for the Bell family in which we should, but his actions prior could have prevented his death. “Why do we put our lives into the hands of police”
Obey the law and stop the madness Black people…