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Nothing to Say

  • Apr. 26th, 2008 at 12:03 AM
Brad @ Burning Man
When I woke up late this morning and opened the news, the first thing I saw was that the undercover cops who murdered Sean Bell had been acquitted on all charges. All I could do, for the next couple of minutes, was sit there in shock, stare at that headline, and slowly say out loud in my empty apartment: "You. Have. GOT. To. Be. FUCKING. Kidding. Me."

Look, there is nothing left that is useful to say about this case. I figured this one out within a week of when it happened, from the ample eye-witness accounts, and wrote it up back on December 3rd, 2006: "Drunken Undercover Cops 'Spray and Pray.'" I see nothing in the subsequent trial record or any other news coverage that would change my mind. One group of drunks got into an argument with another group of drunks at a strip club. When one of those groups left, the other group decided to continue the beef outside, then got stupid, went into circular firing squad formation around the other group of drunks' trapped car, and slaughtered as many of them as they could before the ammo ran out, killing an unarmed man and crippling his equally unarmed friends. And because the group that did the shooting are all New York City cops, they're getting away with it. Because they're cops, the judge let them testify via affidavit without having to submit to cross-examination. Because they're cops, the judge doesn't even notice that they've changed their story even more often than the victims did, didn't factor that in when deciding who to believe.

Un. Fucking. Believable.

Other than that, there really isn't anything else to say about it. And that wasn't anything new, was it? I just feel like I needed to say it, out loud, in public: "Un. Fucking. Believable."

Because there's nothing else worth saying, I'm damned tempted to lock the comments on this entry, and for that matter on the earlier one. This is not a good one to argue with me about. If you think there is something worth arguing with me about, say it on your own damned web page or blog. Oh, and here, here are the links to the New York Times articles on today's verdict; unsurprisingly, the hometown newspaper has the fullest coverage:
Un. Fucking. Believable.

Comments

[info]morgaath wrote:
Apr. 26th, 2008 05:55 am (UTC)
Earlier CNN reported that the judge had indicated that he felt money was a motivating factor in what the witnesses said, as a wrongful death lawsuit has been filed.

Since these people said much the same thing the day of the shooting... does that mean they can now sue him for liable? He has stated that he thinks they would lie under oath for cash.
[info]footpad wrote:
Apr. 26th, 2008 08:00 am (UTC)
"The people have not proved beyond a reasonable doubt" that each defendant was not justified in shooting [...]

What a lapidary quote. This is pretty much the first I've heard of this case. But, if ever there was a statement that all by itself suggested a monstrous arse-about-face of justice...
[info]caraig wrote:
Apr. 26th, 2008 08:25 am (UTC)
That judge, and those undercover cops, just made the job of the typical NYC cop a hundred times more dangerous.

And more than that... I'll be surprised if there aren't riots over the weekend in New York City, or at least some serious violence against police there. I hope there isn't, of course. =(
[info]alobar wrote:
Apr. 26th, 2008 10:11 am (UTC)
I have always felt that cops, judges, and elected officials need to be held to higher standards than the rest of us. Not only should cops cops in this case have been convicted of Murder 1, but any cops, proscutors, or judges should be on trial for being accessories to murder. who shielded them sh
[info]fizzyland wrote:
Apr. 26th, 2008 12:19 pm (UTC)
I'll just say I'm violently disgusted at the outcome of this trial and leave it at that.
[info]nancylebov wrote:
Apr. 26th, 2008 01:04 pm (UTC)
It was on the NPR news yesterday, and has fallen off the news this morning.

I don't know if it matters, but how much of this would you say is racism, and how much is police-worship?
[info]bradhicks wrote:
Apr. 26th, 2008 01:27 pm (UTC)
One thing about this case that has always made it hard to yell "racism" is that 2/3rds of the killers are as black as their victims. Nonetheless, if 3 drunken undercover cops had murdered a white guy at his bachelor party because he got into an argument with them, would the judge have seen it the same way? I don't know. I don't blame anyone who doubts it, though.

Two black cops and a white cop are almost certainly lying through their teeth, under oath, when they claim that they thought that at least one member of the bachelor party had a gun. (Remember them turning the city upside down, and bullying the entire neighborhood, trying to find the mythical 4th member of the bachelor party who ran off with the gun, before dropping that BS story altogether? They have no credibility with me.) But whether they're lying or not, nobody questioned the possibility that a black man might be carrying a concealed weapon; the judge certainly didn't criticize them for thinking so, or claiming to think so. See my previous comments about the Terry Stop about our national and irrational fear of black men, one that even black cops share.

But for the non-racial aspect: calling it cop worship is over-stating the case. But there has always been a problem in that judges, and juries, almost always believe the cop over the non-cop when they give conflicting testimony. Don't forget, either that this took place outside a strip club. From the judge's perspective, he was being asked to judge which of two groups of drunks was telling the truth, the cops who were only there in the performance of their duties, or three guys who went there specifically to see the strippers. Think that he didn't factor that into his estimate of the respective credibility of the witnesses? Never mind that the NYPD has zero entitlement to the benefit of the doubt on the shooting of unarmed young black men, after all the lies they've told over the last couple of decades; I'm sure that to the judge, this was less relevant than the fact that the people testifying against the cops were guys who were hanging out in a particularly notorious strip club, bachelor party or no.

No matter how you slice it, this is a case where a judge let his prejudices severely impair his ability to fairly evaluate evidence.
[info]ithildae wrote:
Apr. 27th, 2008 09:16 pm (UTC)
When dealing with police, there are three races; black, white and blue. The cops have their own code and culture to the point that it doesn't matter what group you started with, blue is what you are.
[info]mari_who wrote:
Apr. 26th, 2008 02:28 pm (UTC)
If I recall correctly, the Chicago Sun-Times (edit: it wasn't the Sun-Times, it was the Tribune) ran a great series of articles about *their* local police corruption issues, specifically dealing with the Code of Silence any time a policeman shot someone. It was a good read, and pretty damn relevant; I'm kind of groggy right now (just woke up) but I'll see if I can dig up a link in a bit.

(Later edit): Found it: Shielded from the Truth, a 2-part article series in the Chicago Tribune from December 2007.

Edited at 2008-04-26 03:02 pm (UTC)
[info]phillipalden wrote:
Apr. 26th, 2008 04:54 pm (UTC)
I'm not going to disagree. It's a travesty of justice.

I wonder if the verdict would have been different had the victims been wealthy white boys.
[info]ionotter wrote:
Apr. 26th, 2008 05:16 pm (UTC)
This reminds me of the story of Northampton, NY?

Back in the 90's, a new mayor was elected. His very first act upon being sworn into office was to pull out a folder and sign the papers inside of it, right in front of everybody.

It was a document giving an order to terminate the employment of every single police officer within the village and township of Northampton, effective immediately. Every officer who'd been with the force for more than 2 years was fired. On. The. Spot.

Mysterious, strangely, inexplicably, every single "crime problem" the town had been suffering from for the last 15 years vanished overnight.
[info]bradhicks wrote:
Apr. 26th, 2008 06:10 pm (UTC)
Holy cats. First time I've heard this story, don't suppose you have a link to a longer, more detailed version of it? Google turned up nothing for me.
[info]ionotter wrote:
Apr. 27th, 2008 06:01 am (UTC)
Whoops! Wrong town...
Actually, it was Greenpoint, NY, I got it confused with Greenport. People from the South Fork of Long Island always referred to the North Fork as "Northampton".

Article here and a GoogleSearch here.

Edited at 2008-04-27 06:02 am (UTC)
[info]ithildae wrote:
Apr. 26th, 2008 06:11 pm (UTC)
What was the justification for not using a jury? I didn't see it in the articles that I read.

Al Sharpton is involved, so there is money and incentive to bring civil actions. (I think that is a violation of double jeopardy, but that is just me.)
[info]doodlesthegreat wrote:
Apr. 26th, 2008 07:36 pm (UTC)
The accused has the right to wave a jury trial if they so wish. And the cops realized that no jury on earth would let 'em get away with it...
[info]vik_thor wrote:
Apr. 27th, 2008 02:52 pm (UTC)
Technically, no.

The Criminal and Civil courts are (usually) separate.

Criminal cases, the plaintiff is the state, and the defendant(s) are the ones being charged with the crime (in this case, the 3 cops.) A guilty verdict will result in prison(>1 year) or jail (<1 year) time, and/or a fine (which goes to the state, not the victims/families.)

A person v. person case is always going to be civil court. This allows money damages to the victims/families. (Think OJ Simpson... found not guilty criminally, but civilly, he was found guilty of wrongful death.)

There are also different standards of proof in criminal and civil cases.
Criminal = beyond a reasonable doubt. (because you are depriving the defendant of their freedoms)
Civil = preponderance of the evidence. (because it is 'just' money that is in dispute.)
[info]ithildae wrote:
Apr. 27th, 2008 09:13 pm (UTC)
I hear the technicality, but the defendant is still being tried twice for the exact, same event.
[info]theprimarydave wrote:
Apr. 28th, 2008 06:45 pm (UTC)
I believe the issue is this: according the wikipedia article, the double jeopardy comes from the fifth amendment that says that the government cannot, more than once, put someone's life or limb in jeopardy. This says nothing of an individual being limited in the number of times they can sue you. But then, you can may always sue them back. ;-)

However, I man definitely not a lawyer and this is just what I can surmise based on the quote to which I linked.
[info]ekeppich wrote:
Apr. 26th, 2008 06:56 pm (UTC)
Well, anything that has to do with Al Sharpton makes my skin crawl and I have a knee-jerk reaction against anything that man says. That being said, I cannot find any credible reason for the cops to have been there. Sean Bell was a lowlife drug dealer, but one that wouldn't have warranted anything more than a pair of beat cops. If they were "investigating prostitution" it would have been a much larger team of police... and they would have video-taped everything... the cops were there to watch the strippers.

So, yeah, it was a drunken altercation between two groups of assholes, one of which happened to be armed. There is nothing about this case that doesn't stink.

In reading the above comments, yes, all a defense attorney has to do when defending police is sufficiently muddy the waters and a jury will generall give accused policemen the benefit of the doubt.
(Anonymous) wrote:
Apr. 26th, 2008 11:32 pm (UTC)
Is it OK if I say...
I concur, and I agree, and, uh, What Brad Said!

-Justthisguy AKA rnk35
[info]drewkitty wrote:
Apr. 27th, 2008 03:02 am (UTC)
Oops. Deleted my comment after re-reading. Sorry about that.