Friday morning, April 25, as he promised, Justice Arthur Cooperman explained the court's opinion on the Bell case, which has been widely covered in the media. Over the weekend, various protest demonstrations took place, which were reported on television, radio and in the press. Our look at the case, four days after the decision, covers some aspects of the situation which were not widely reported.
Judge Cooperman is 74 years old, and whatever decision he made on this case would not be the result of any ambition for advancement to a higher court or for election to a public office. Some thought he was chosen to preside because of his age, wisdom or good reputation, but District Attorney Brown assures us that his name was selected, at random, from a rotating wheel. Judge Cooperman was willing listen to the witnesses, see the evidence, and accept the responsibility for making what could become a career-defining decision.
You may recall how Judge Lance J. Ito suffered in public regard because of his handling of the O.J. Simpson murder trial in California in 1995. He was chosen to preside at the trial on the theory that where a black man was accused of killing a white man and a white woman, justice would best be served by having an Asian judge.
The Simpson case unexpectedly exposed a racial rift in America. When the verdict, Not Guilty, was pronounced on television at midday, with many millions watching in their offices, some blacks broke into applause while whites were horrified. The whites had never before realized how their fellow employees felt. BTW, The New York Post, in its unique style, recently referred to Simpson as "the acquitted murderer."
By the vagaries of coincidence, the issue of race relations rose again this week as Rev. Jeremiah Wright of Chicago, semi-retired pastor to the junior senator from Illinois, spoke to an NAACP convention Sunday in Detroit and the National Press Club in Washington Monday morning. Senator Obama denounced Rev. Wright this afternoon; it remains to be seen how the events will play politically.
Both defense and prosecution attorneys regard Cooperman as a capable jurist. An article in the February 18 Times by Michael Wilson, at the start of the trial, reviews his earlier opinions in similar cases in which he ruled. You can link to the judge's opinion in this case here. If you take the time to read it, you will be able to make a more informed decision as to whether or not you agree with him.
Koch Comments
Former Mayor Edward I. Koch wrote about the controversy in his weekly commentary, which he distributes by e-mail to thousands of people who have requested it. If you wish to read his opinion on this case, link here. If you want to be on his list to receive his regular weekly column, email eikoch@bryancave.com.
District Attorneys
Judge Richard A. Brown, the Queens County district attorney whose office prosecuted the case against the three detectives, issued a statement on the decision Friday . He added a list of suggestions to lessen the likelihood of future cases of this nature. Although he is not currently a judge, he is called that as an honorific, because he spent nine years as an Associate Justice on the Appellate Division and four years before that on the State Supreme Court. His judicial service was interrupted when he served as counsel to Governor Hugh Carey. Before going on the bench, Brown was the city's legislative representative in Albany. He is widely liked and respected as a public official, and frequently visits crime scenes in Queens.
District attorneys are elected by the people in each county for four-year terms. The position seems to lend itself to re-election. Judge Brown is currently serving his fifth term in Queens, Robert Johnson, the first African-American elected district attorney in New York State, is in his fifth term in the Bronx. DA Charles Hynes, who succeeded Liz Holtzman when she was elected City Comptroller, is now in his fifth term in Kings. The rookie of the quintet is Daniel Donovan in Richmond, now in his second term. The dean, DA Robert Morgenthau in New York County, first elected in 1974, is now in his ninth term. He succeeded DA Frank Hogan, who served eight terms. For those of you from outside the city, Kings is Brooklyn, Richmond is Staten Island, and New York County is Manhattan. If you want to learn more, you can google the district attorneys whose names are listed in this paragraph.
Back to the Bell Case
Most of the publicity on the case over the weekend was devoted to protests and demonstrations against the verdict. As far as we know, no one took to the streets or held a press conference to applaud the decision, although the Detectives Endowment Association expressed its relief and gratitude at the outcome of the cases. The media was correct in reporting the displeasure of the demonstrators, but most New Yorkers are sophisticated enough to know that the real news was that millions of people did not march with Rev. Sharpton on this occasion. Sharpton himself was uncharacteristically muted, first saying that he did not intend to object in the usual manner, but through orderly demonstrations, which are both legal and conform to the city's tradition of dissent.
The calmer reaction was due in part to Mayor Bloomberg and Police Commissioner Kelly, as well as the perception that they are fair on racial issues. The mayor initially condemned the shooting, which the police saw as a rush to judgment on a case where the facts were not all available, but what he said was helpful in channeling public distress over what was clearly a tragedy. Two facts which added drama to the case were that Bell was killed at 4 a.m. on what was to be his wedding day, and that fifty bullets were used by the police, which exceeded the forty-one used on the similarly unarmed Amadou Diallo eleven years ago. In this case, neither the police nor the victims appeared to be blameless.
Our Observations on the Bell Case, and A Review of the Zongo Case
We can't judge the case ourselves without having heard the witnesses or read the testimony, but one thing Judge Cooperman said seemed particularly worth repeating. He wrote that it was not the state of mind of the victims which was determinative, but the state of mind of the defendants (the detectives) and whether they had reason to believe their lives were in danger.
Considering the time (about 4:00 a.m.) and the place of the occurance (outside the Kalua cabaret, which had been cited frequently for prostitution and drug use), and the automobile bumping which preceded the shooting, it would be difficult to find that police officers acted with criminal intent or reckless disregard of the facts. But that was a decision for Judge Cooperman to make, not us. The case is undeniably tragic, but the Diallo case in 1999 is even more so, a man shot by four officers simply for reaching for his wallet to identify himself when challenged by police. The Louima case in 1997 was the consummate example of police brutality, and police officers were convicted and sent to prison, one for thirty years.
There was a case in 2003 that has received much less attention than Diallo and Louima. An immigrant from Burkina Faso, 43-year-old Ousmane Zongo, who collected and repaired art and musical instruments, visited a Chelsea warehouse where he kept his stock. At the same time, police were raiding the building looking for counterfeit CDs and DVDs. Zongo turned on a light and saw a police officer, Brian Conroy, guarding a box of CDs. Conroy then chased Zongo, who ran down a corridor into a dead end. Conroy shot Zongo fatally four times, twice in the back.
Conroy was indicted by a grand jury for second-degree manslaughter. Conroy's first trial ended in a mistrial because, although ten jurors voted to convict, two voted to acquit. A unanimous verdict is required to find a defendant guilty. Conroy's second trial was held before a judge, who found him guilty of criminally negligent homicide, and sentenced him to five years on probation and 500 hours of community service. On conviction, Conroy was dismissed from the Police Department. In 2006, the city settled a lawsuit by the Zongo family for $3 million. His widow, son and daughter, returned to Burkina Faso, where Mr. Zongo is buried.
The Bell case gave voice to the usual clamor to create new agencies to monitor police performance. That would not bring back Mr. Bell, and could well deter police from using their guns to save their own lives or the lives of civilians. On the other hand, those who believe that police officers are racists are constantly seeking new structures to tame wild cops. In this case, two of the three detectives were black, and we are told that in their combined years of service, none of them had previously fired his service revolver at another person.
The Bell case will dim in people's minds over the summer. If, however, another black man who turns out to be unarmed is shot to death by a police officer, the residual resentment at this case will be reflected in a greater level of protest. Let us hope no such event occurs.
That responsibility is not, however, only on the police. If people behave in a way that suggests criminality, or threatens the police, common sense tells us that these tragic incidents are more likely to occur. The best advice for all is to stay calm. If nobody carried a gun, and nobody fired until they saw a gun, nobody would be shot. That should not be too much to ask.