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Inside the Sean Bell Case

MICHAEL WILSON & ALAN McLEAN / The New York Times 24apr2008

3 Detectives Acquitted in Bell Shooting
New York Times 26apr2008

Sean Bell Verdict Complicates Things for Obama
Black Commentator 25apr2008

Police say: Undercover officers are at Club Kalua to engage dancers in conversations about prostitution and make arrests. Sean Bell's group gets into an argument with a man outside the bar. The police say they hear someone say, “Yo, get my gun, get my gun,” though a witness disputes that the statement was made. Part of Sean Bell's group heads to their car, a Nissan Altima. As police converge, the Altima collides with an undercover officer and a police vehicle. Sean Bell is killed in gunfire by the police, who shot their weapons 50 times.

See a description of the events from the police.

 

Prosecution Witnesses

Witness
Nicole Paultre Bell Sean Bell's fiancée

Direct Testimony: Was not at the club that night. Recounted meeting Mr. Bell in high school. Wept when she described seeing his body at Jamaica Hospital Medical Center.

Was not cross-examined.


Detective Brian Skelton Police crime scene analyst

Direct Testimony: Used photographs he took at Club Kalua, with its bar, dancer poles and small changing room, to describe the layout of the club.

Discussed a sign posted at the club’s front door and seen in one of the photographs: “Must Buy 1 Drink Every Half Hour.”


Sean Spencer Bouncer at Club Kalua

Direct Testimony: He testified that he saw no argument involving Mr. Bell. He said he heard 25 to 30 gunshots, then after a pause of 10 to 15 seconds, another burst of 25 to 30 shots.

Cross-Examination: Conceded that he might have missed an argument involving Mr. Bell and said that the 10- to 15-second pause he heard between gunshots may have been shorter.


Emilcen Angulo Bartender at Club Kalua

Direct Testimony: Testified that she sold Sean Bell one drink, a Long Island iced tea, and that she remembered him because “he gave me a good tip,” $5.

Cross-Examination: Stated that she did not hear the gunfire. Described Sean Bell as happy that night.


Tina O’Neale Bartender at Club Kalua

Direct Testimony: Testified that she served Joseph Guzman, a friend of Sean Bell’s, a glass of Hennessy cognac on ice, and that he bought her a shot of tequila.

Cross-Examination: Confirmed that Mr. Guzman at some point asked her out on a date, but that it did not occur on the night of the shooting.


William Bell Sean Bell’s father

Direct Testimony: Testified that he joined his son at the strip club shortly after midnight and left at 3 a.m. and returned to his home in Far Rockaway, Queens, around 3:30 a.m.

Cross-Examination: Said he had gone to the club at his son’s urging, and that it was not a place he would ordinarily visit, but that he ended up having more fun than he had expected.


Harold James, a k a Bone Acquaintance of Sean Bell’s who helped organize the bachelor party

Direct Testimony: Testified that Sean Bell bought the first round of drinks for the group of friends, including Long Island ice teas for Mr. Bell and Mr. James.

Cross-Examination: Said he left the club about 3:30 a.m. to get his “lady.”


Marseilles Payne Strip dancer at Club Kalua and the first eyewitness to the shooting to testify

Direct Testimony: Testified she last saw Mr. Bell turn on his headlights on Liverpool Street and pull away from the curb. “As he came out, a minivan came from behind me and they crashed,” she said. “The driver of the minivan got out of the car. He got out and he started shooting.” She crouched in someone's shrubs.

Cross-Examination: Said she never saw Detective Isnora approach Mr. Bell's car with a gun, and never saw Mr. Bell back up after hitting the minivan, strike a wall and charge forward, hitting the van again. She said she never heard anyone shout, “Police,” and never heard any shouts or screams.


Hugh Jensen Friend who was with Sean Bell at Club Kalua

Direct Testimony: Said he saw Mr. Bell argue with a man dressed in black in a sport-utility vehicle parked outside the front door. Said the man put his hand in his pocket.

Cross-Examination: Said the man dressed in black was acting as if he were armed: "Of course I thought he had a gun.”


Larenzo Kinred Friend who was with Sean Bell at Club Kalua

Direct Testimony: Testified that the man in black put one or both hands in his pockets and gave the impression he had a gun. Said he also heard another friend, James Kollore, say, “We’ll take that off you,” apparently referring to the gun they believed the man was carrying. Said he rushed toward the gunshots when they erupted and saw one officer shooting his final bullets.

Cross-Examination: Admitted that he had been distracted by a woman who told him earlier that a man had slapped her.


Lt. Gary Napoli Commanding officer who supervised the detectives on the night of the shooting

Direct Testimony: Recounted receiving an urgent call for backup from Detective Isnora, who believed that two groups of men having an argument were armed. When he heard gunfire, he crouched in the passenger seat, drew his gun and pointed it toward the passenger windows of his car. Testified that he did not hear Detective Isnora, who fired first, yell, “Police!” Nor did he hear any of the other officers, including the other two on trial, Detectives Oliver and Cooper, shout the word.

Cross-Examination: Was asked, “Because you didn’t hear it, does that mean it wasn’t done?” Replied, “No.”


Lt. Elise Hanlon Fire Department paramedic

Direct Testimony: Arrived at the scene of the shooting and found Mr. Bell slumped in his car. Leaned into the back seat and tried to resuscitate him.

Cross-Examination: Testified that when she arrived on Liverpool Street there was an ambulance parked roughly in the area where most of the 50 police shell casings would later be found, possibly jostling evidence.


Firefighter Mark Massa Emergency Medical Technician

Direct Testimony: Said he handed Trent Benefield a phone from a friend in the back of an ambulance, and that Mr. Benefield appeared sober.

Cross-Examination: Said Mr. Benefield wanted his jacket back for something in the pocket.


Anthony South Freelance videographer

Direct Testimony: First journalist on the scene. Prosecutors played his footage of Trent Benefield screaming in pain and Mr. Bell’s friends shouting about what had happened.

Said he saw a badge on an undercover officer.


Detective Hispolito Sanchez Undercover officer inside Club Kalua

Direct Testimony: Heard Joseph Guzman say, “Yo, go get my gun,” outside Club Kalua. Heard Mr. Bell threaten to beat up a man near a S.U.V. Said he stayed behind while Detective Isnora followed the men.

Cross-Examination: Said he heard what sounded like “shouts and commands” before shooting started.


Lt. Michael Wheeler Responded to scene

Direct Testimony: Said Detective Oliver told him he did not recall whether he had fired. All officers appeared fit for duty.

Cross-Examination: Said uniformed officers were walking all over the crime scene.


William Rudnick Emergency Medical Technician

Direct Testimony: Performed CPR on Sean Bell and treated Joseph Guzman.

Said Mr. Guzman asked him, “Why did the police shoot my friend?” suggesting he knew the plain clothed detectives were the police.


Derek Braithwaite Police officer on scene

Direct Testimony: Said he focused on “agitated individuals” near the scene of shooting.

Cross-Examination: Said Detective Oliver ordered him to call for an ambulance.


James Baumann Former N.Y.P.D. officer who was on patrol the night of the shooting

Direct Testimony: Sat in the front passenger seat of the ambulance that took Joseph Guzman to the hospital.

Cross-Examination: Testified that he did not know police had shot Mr. Guzman while he was in the ambulance with him.


Robert Maloney Officer who arrived at the scene of the shooting

Direct Testimony: Among first uniformed officers on the scene of the shooting. Said he saw two plain-clothes officers displaying their badges and that one of them was holding a gun. Said he handcuffed Joseph Guzman and followed Sean Bell's ambulance to the hospital.

Cross-Examination: Said he went to the scene after hearing a call over police radio as a "10-13," meaning an officer may have been shot.


Sgt. Fred Fisher Sergeant from a different precinct

Direct Testimony: Testified that he spoke with Officer Michael Carey at the hospital and asked him how many shots he had fired. Officer Carey, he said, told him he thought he had fired three times. Confirmed by counting remaining bullets.

Was not cross-examined.


Sgt. Donald Kipp Sergeant who arrived at the scene of the shooting

Direct Testimony: Said Detective Paul Headley told him he did not know if he fired his weapon. He counted one bullet missing. Said Detective Michael Oliver told him he fired his weapon and gave him two empty magazines, meaning 31 bullets were missing. Said Detective Gescard F. Isnora told him he did not know if he had fired any rounds. His gun was empty, meaning 11 rounds were missing. Said Detective Marc Cooper told him he did now know if he fired any rounds, but four of his bullets were missing.

Cross-Examination: When asked if he was certain that Detective Oliver was wearing his shield, responded, "Absolutely, no question." Said Detective Oliver was complaining of ringing in his ears. Said he was mistaken when he said earlier that Detective Cooper told him he was not sure if he fired his weapon: "Cooper said he did fire. I thought I did say he did fire."


Ellen Friedman Crime scene detective

Direct Testimony: Said she searched Sean Bell’s car for hidden compartments that might hide a gun.

Cross-Examination: Said she took no precautions against “cross contamination” of blood evidence in the car.


David Rivera Crime scene detective

Direct Testimony: Said no fingerprints were found on small bags of marijuana near the shooting.

Cross-Examination: Admitted that he did not properly install some of the rods showing bullet trajectories in Sean Bell’s car.


John Cea Port Authority police officer

Direct Testimony: On duty when a bullet struck the AirTrain terminal near the Liverpool Street shooting.

Cross-Examination: Said the scene of the shooting was some distance from the terminal.


Brian Donnelly Port Authority police officer

Direct Testimony: Also on duty. A video showed both officers running for cover while confused civilians looked on.

Cross-Examination: Said he did not hear a significant pause in the gunfire on the street below.


Greg Anzalone Crime scene detective

Direct Testimony: Testified that he took photos and made measurements of bullet holes at the AirTrain Terminal. He also took photographs of Mr. Bell's bloody and tattered clothing.

Cross-Examination: Testified that he could not say for sure how a bullet became lodged in the vest that Joseph Guzman was wearing. Said he did not find a turret light in the Toyota Camry that Lt. Napoli was in.


Chris Florio Detective

Direct Testimony: Said there was blood on Detective Isnora’s gun.

Was not cross-examined.


Thomas Forte Detective

Direct Testimony: Found two bullet marks in a SUV parked down the block from the shooting.

Cross-Examination: Said he could not determine the angles of the bullets from the impact marks.


Bernardino Dossantos Construction worker who lives near shooting

Direct Testimony: Said his wife woke him in their 95th Avenue home during the shooting. It was his Ford Explorer that was shot twice.

Cross-Examination: Said he paid no attention to bullet holes in his fence. “It’s not my house,” he said. “I’m a renter.”


Robert Hernandez Lives near shooting

Direct Testimony: Said he looked out his window after the shooting and saw a mysterious man in blue fleece holding a gun at the south end of Liverpool. No other witness described an armed man at that location.

Cross-Examination: Said his wife told a 911 dispatcher she heard people screaming and yelling at the time of the shooting.


Maria Rodrigues Lives near shooting

Direct Testimony: Detectives found a bullet embedded in a lampshade in her living room.

Cross-Examination: Said she heard no pause in the firing as she shouted for her children to stay in their beds.


Charles Reiss Detective

Direct Testimony: Said 20 bullets struck Sean Bell’s Nissan Altima.

Cross-Examination: Said he found two bullets that other detectives had overlooked in the car, further evidence of hasty crime-scene work.


Peter Pizzola Director of NYPD crime lab

Direct Testimony: Said forensic evidence showed Sean Bell’s car hit a metal gate and, twice, a police van, a version contrary to some eyewitnesses.

Cross-Examination: Said an imprint from Detective Isnora’s pants was found on Sean Bell’s bumper from where he had been struck.


Edward Dingman Crime scene investigator

Direct Testimony: Created an illustration showing the angle of every bullet that hit the Altima.

Cross-Examination: Admitted he did not take into account the pitch of the road, flat tires and other factors in estimating the bullet paths.


Michelle MirandaCriminalist

Direct Testimony: Found no gunpowder residue inside the Altima, meaning no one fired a gun inside.

Cross-Examination: Said that the way investigators handled the Altima, trace evidence could have been upset.


Michelle CortAssistant District Attorney, Queens County

Direct Testimony: Recalled an interview with Detective Cooper after the shooting in which he said some the four bullets missing from his gun were at home in a drawer.

Cross-Examination: Said Detective Cooper explained how, when he unloaded his pistol at home after work, he jacked the round out of the chamber and sometimes forgot to replace it the next day.


Dr. Daniel O’ConnorTreated orthopedic injuries to victims

Direct Testimony: Said he treated leg fractures of Trent Benefield and Joseph Guzman.

Cross-Examination: Said he could not tell in which direction a bullet passed through Mr. Benefield's wounded buttocks.


Fabio CoicouExchanged words with Sean Bell and his friends outside Club Kalua

Direct Testimony: Said that Mr. Bell heard him say “alcohol has taken control” of Mr. Bell, but that the two did not argue and no one said anything about a gun, contrary to several witnesses.

Cross-Examination: When confronted with prior statements to prosecutors that he said he heard the word “gat,” he denied having said it.


Michael CasconeCourt reporter

Direct Testimony: Read aloud the grand jury testimony of Detective Cooper describing the shooting and firing from an “unstable” position.

Was not cross-examined.


James KolloreFriend of Sean Bell’s at Club Kalua

Direct Testimony: Said Mr. Bell returned to the club for his hat, and that Fabio Coicou appeared to be armed.

Cross-Examination: Said he did not recall whether he threatened to take Mr. Coicou’s gun away.


Michael CasconeReturn witness

Direct Testimony: Read aloud the grand jury testimony of Detective Isnora describing his fear of being shot before opening fire on Joseph Guzman.

Was not cross-examined.


Dr. Michael GreenbergMedical examiner’s office

Direct Testimony: Described Mr. Bell’s autopsy and the two wounds that could have been fatal.

Cross-Examination: Said Mr. Bell’s blood alcohol was high enough to cause impairment of judgment and perception.


Jean NelsonFriend of Sean Bell’s at Club Kalua

Direct Testimony: Said he heard Mr. Bell threaten to take Fabio Coicou’s gun, and heard Detective Isnora say, “Let me holler at you,” before firing.

Cross-Examination: Agreed that his testimony would make it “difficult” for him in his neighborhood.


Daniel FriedmanOptometrist

Direct Testimony: Said Sean Bell was legally blind in his right eye.

Cross-Examination: Said Mr. Bell never returned for corrective lenses.


James ValentiDetective

Direct Testimony: Laid out 89 pieces of ballistic evidence.

Cross-Examination: Said he did not know the extent of cross-contamination of evidence.


Michael CunninghamDetective

Direct Testimony: Showed diagram of bullet paths on Liverpool.

Cross-Examination: Said some of the wayward shots, including the one that struck a lampshade, could have been ricochets.


Trent BenefieldWounded in the shooting

Direct Testimony: Testified that he was shot while in the back seat of Sean Bell’s car, and again while running away.

Cross-Examination: Confronted with his own earlier account that differed from his testimony, he said he made up the first version.


Joseph GuzmanWounded in the shooting

Direct Testimony: Told of being shot up and down his left side in the front seat, and of hearing Sean Bell’s last words: “I love you, too.”

Cross-Examination: Described selling drugs and other crimes that sent him to prison for roughly five years.


Dr. Albert CooperTreated Joseph Guzman

Direct Testimony: Described his quick work treating the many wounds to Mr. Guzman, shot 13 times.

Cross-Examination: Said he did not know how many drinks Mr. Guzman had that night to have a .04 blood alcohol level.

Defense Witnesses

Witness
Michael CareyPolice officer not charged in shooting

Direct Testimony:  Said he heard Detective Isnora shout, “Show your hands” before firing. He fired three times before stopping when Detective Isnora stepped toward his line of fire.

Cross-Examination: Said he never thought he was being fired upon, but thought Detective Isnora was.


Nelson RafaelLives near shooting.

Direct Testimony:  Said he heard yelling before gunshots.

Cross-Examination: Said he could not make out words in yelling and did not hear police commands.


Alexander JasonCrime scene analyst hired by defense

Direct Testimony:  Said he shot a pistol similar to Detective Oliver’s 31 times in 12.3 seconds. Said flying glass shards may have made it appear someone in the car was shooting at Detective Isnora.

Cross-Examination: Said his wife bought a lamp identical to the one struck by a bullet on Liverpool Street, a shooting he recreated in California with the lampshade unable to stop the bullet.


Neftali AgostoPastor, El Divino Salvador

Direct Testimony:  Said Detective Isnora was a quiet, religious man.

Cross-Examination: Said he was close to the detective and his family.


Omar SantiagoFriend of Detective Isnora

Direct Testimony:  Said Detective Isnora inspired him in part to be a police officer.

Cross-Examination: Said he spoke to Detective Isnora many times since the shooting.


James GannaloForensic expert hired by defense

Direct Testimony:  Said deformed bullets found on Liverpool Street were likely ricochets.

Cross-Examination: Said bullets that go through car windows cause “crazing,” or a spider-web break, not necessarily shattering the window.

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