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NY COP FORUM FEBUARY 2000
QUESTION:
What is your opinion regarding the DIALLO CASE?
RESPONSES:
"Hopefully, the defense attorneys have their investigators shoot videotapes of the scene and the surrounding area.
That would tend to provide visual documentation for the jury. Hopefully, the jury will understand the types of pressure and the fears of death that we all have had to deal with in our time on the job. The Officers did not have to see "the glint of steel" for them to fear for their lives."
Mikeseck@aol.com
"It's unfortunate right off the bat that it is called a MURDER trial, and some elected and hoping to be elected ones jumped right on the political bandwagon in the Murder
Theme. One of whom is rumored to have lead Pro-Black Panther protests at her college, Yale! So I am thankful the trial is out of the Bronx, as they were sure to be hanged from a lamppost there and we can
just hope and pray a decent Albany jury ponders only the real evidence of this terrible tragedy and they will be acquitted."
Belmar-how@webtv.net
"I find it interesting that Al Sharpton
can keep a straight face as he proclaims that the defense is 'playing the race card'. He dealt that card long ago in this case."
Dp@usa.com
"I was only able to view a short part of the
defense attorney's opening statements.....seemed that only one..said this 'was a tragic accident'. The whole defense should center on that.........and the fact that we're human."
Keepug@aol.com
"ATF had weeks to prepare for their assault at WAC. They were not in any danger yet we know what they did.
The Diallo cops had a split second with what they perceived as a threat of danger. DOUBLE-STANDARD?"
rabbit2733@aol.com
"Most people do not have a clue regarding the intricacies of the
work of our police officers. They expect them to be precision machines. Robo cops infallible.
The Diallo Case is an aberration of thousands of good sound and mostly immediate police judgments that are made every day by police officers in this Country. These four officers made the best decision they could in a situation that was confounding. I hope their defense can make that point though I understand that Mr. Worth came across as a hifaluting lawyer from NYC and that can be offensive to many jurors who are usually lower class, hard working average people. (The higher class, better educated still have ways to avoid jury duty)"
sosan3@aol.com
"You can help support the Sean Carroll Legal Defense Fund by ordering a tee shirt that says Equal Justice for Police Officers (heavyweight 100% cotton, nice navy blue long
sleeve) for $20.00 plus $3.30 shipping by calling: 1-800-M-WARRIOR. All proceeds go to Sean Carroll Legal Defense Fund!
Officer Carroll is not using the PBA to defend himself, but chose to hire attorneys that he felt could better represent him."
Elizabeth Kennedy Mwarrior@nais.com
"I am watching this
trial on Court TV. During intermissions of this trial, I am disturbed to see the following:
#1. a retired NYPD captain stating that he was disturbed by the number of shots fired and that we should go back to old time SIX SHOOTERS!!! We are in the 21st Century - the bad guys are equipped with the most highly tech guns that they can acquire - and we are not allowed to keep up with technology??? Yes, year ago everyone had a plain old six shooter - we had a fair and even chance to outgun the bad guys - now with automatic weapons that fire 200 rounds a minute, we are still outgunned. Thank God the NYCPD did allow NYPD to upgrade to an automatic gun. #2. The President of the Latino Association says he is not Monday morning quarterbacking, but he thinks that the unit should be disbanded because of their tactics - rushing out of the auto to surprise the bad guys - appears he want them to pull up in a marked car, in uniform, and ask the alleged bad guys to stop where they are. Everybody that is in anyway politically connected is trying to outdo the other guy so they can become the GOOD GUY to the public."
Mccarry193
"This is a travesty of justice brought on by those who feed on hate.
They should be put in that position and see how they would react. These attitudes will cost this country dearly one day. The Founding Fathers would cringe with disgust to see what this country has become. If we indict those who protect us, guess what is left?"
Anonymous
"Yesterday, I was listening to the Sean Hannity Show when the newsbreak came on and the reporter Chris Weber started his comments that the Diallo officers pumped 41 bullets into
Diallo.
He knows better and ABC News knows better. Yet, these false comments were allowed to get on the air. Unfortunately, this trial has become so political, it doesn't seem that the truth matters. Did anyone see Anemone worm his way out of any responsibility for this on Court TV? He claimed there was no pressure for collars, poor tactics on the part of the officers, and they didn't shoot their weapons like they were trained at the range. He would make a great witness for the prosecution."
Bxpenguin@aol.com
"What puzzles me is how so many people could hear shots on a freezing February evening and could hear talking, since when do people used to hearing gunshots all run to the
window to open to listen to what is going on? This is all lies...everyone wants to be the one to put away a police officer.
I hate how they continually say 'cops' on Court TV. They have no respect for us either. May heart goes out to the Bronx Four. They did their job we don't want to do."
Trble31
"The
officers found themselves in a situation that afforded them no room for error. By being proactive, they will suffer the Monday morning opinions of people who wished they had the authority to put their lives on
the line. Even though tactics tell us to take cover and challenge, we also have the authority to protect ourselves when we feel that a fellow officer or we are in danger. When we are caught out in the
open, we must react to survive or be prepared to be remembered as those brave officers who died. Peace."
Rev.C.S Glover Sergeant, NYPD (retired) Revcsg@worldnet.att.net
"Doctors go
to school for years and years before they are allowed to practice medicine. That understanding, doctors kill patients because of misdiagnoses or mistakes everyday and never will face even a small percent of
the scrutiny or accountability that police officers are subjected to. In contrast, when I was hired at the age of 20, NYPD officers only needed a high school diploma or GED to qualify.
After a week of firearms training out of only six months at the academy, we were expected to perform our difficult duties fearlessly and flawlessly. For political reasons, and as a result of sensationalism by the media, police officers are being held to standards that are humanly impossible. Clearly, it is a tragedy what happened to Mr.Diallo. Prosecuting these officers for making a human mistake during a very stressful encounter, does nothing more than put the future safety of both the public and police officers in danger because they may hesitate for a split second too long for fear of being prosecuted."
Jmurray1966@aol.com
"I backed up a Citywide Street Crime Unit two decade ago. As I pulled to the corner, a cop had chased a man right at my car. The man pulled a gun. Then
he turned and ran; I drove parallel to him, shooting until I hit him. From the moment he pulled his gun until he stumbled shot, I could only see his overall body image. My eyes no longer focused on the
gun or anything.
He had become a blurred sight picture. I believe the officers in the Diallo shooting saw a 'gun' for that instant. The dynamic of mental and physical stress gave them no opportunity to analyze the 'gun'. Tragically, Mr. Diallo became a 'blurred sight picture'. I believe this. I believe many other cops experience this. This was a terrible mistake and tragedy. Those four cops murdered no one. Mr. Diallo, his family, and those officers and their families remain in my prayers."
Peter Heron NYPD 79-83 Joanne.roth@msn.com
"No doubt a horrible tragedy of an innocent man believed by these officers to have a gun. But once again, it is simply a political
indictment on a basis of black and white America. I have 12 more years to go and wonder what it will be like then.
And that Al Sharpton has to go. What I mean is, that African-Americans need to give him the boot and have someone with education and respect speak out for justice."
Vmart25@aol.com
"If the four cops in the Diallo Case are convicted of any crime, every NYPD cop should stage a demo at City Hall just like Reverend Al and his cronies. The cops should place their firearms on the steps of
City Hall in protest that they will be convicted if they use their firearm in the course of their duty. There is no need to have a gun when the public won't back them."
Anonymous. Signed: Citizen pro-cop
"I think the whole situation was brought on by ill-trained officers. Oh well, a thought."
Rty@aol.com
"If these four police
officers are really the animals that Al Sharpton wants people to believe they are, then why didn't they just plant a gun on Diallo?"
Anonymous
"The most aggravating thing about the Diallo
Trial is the opinions of the intelligent yet uninformed members of the community. When law-abiding people and even some cops I know feel that this shooting was a crime or that it was racially motivated it
absolutely disgusts me! The public, as well as some cops, needs to be educated in police use of force and in the real world of violence. It's obvious that most people get their education about the police
from movies and television. As we all know, even the most realistic of television shows cannot give one a true sense of experiencing violence or how to stop violent people. The general public really
needs a group of knowledgeable police trainers to explain and perhaps demonstrate topic such as: 1. How and why cops perceive danger and danger indicators on the street; 2:experiencing the effects of 'combat
stress'; 3. The myth of handgun stopping power; 4. Why it's critical that suspects don't resist, fight, or ignore police officers; 5. The difficulty of controlling or handcuffing a person who is resisting; 6.the
fact that there are some police departments in this country that are predominantly composed of African-American police officers and that they have just as many problems with violent confrontations as those
departments that are predominantly white; 7: the importance of realistic officer survival and defensive tactics training; how it needs to simulate the stress of an actual violent encounter in order to 'inoculate'
officers from the combat stress they will experience in the street; 8. A detailed explanation that cops come from the same race as everybody else - the human race.
Cops are a reflection of society. We are not robots. We are not perfect. We do make mistakes. We do feel fear and we are not trained to read minds. There are probably other important issues I have failed to mention at this time, but this is a good start. As cops, especially in NYC, we are constantly being told we have to be sensitive to the communities we serve and we have to reach for a deeper understanding. This is true. Perhaps it is time we began to educate the pubic as well. There will always be those who dislike or hate the police to serve their political agendas of for whatever reasons. This does not mean we shouldn't try to educate the majority who are being fed misleading information or who have no information at all. It's the only way police and community relations will truly become strong."
Zzeus2795@aol.com
THE FOLLOWING ARE POST VERDICT RESPONSES:
A Look at the Diallo Shooting. You are a street crime officer, working a (12x8) midnight
shift. While on anti-crime duty with two partners, it is your duty to patrol an area designated by your superiors. You are looking for murderers, robbers, rapists, arsonists, burglars and anyone who may be willing
to commit a crime by observation, wanted posters and detective FAP'S. About three hours into your tour you drive down a quiet semi-residential / semi-business street and observe a male leaning against the side of a
vehicle. To you his actions are suspicious (he is looking up and down a block, down to the floor and up again several times.) He does not look like he belongs at that location at that hour of the night.
Reacting to your prior police experience and training you believe a crime may be in progress or is about to be committed. Believing you have a level of reasonable suspicion, you as a sworn officer are required and
want to investigate the actions of this person further by stopping and questioning him as to his actions.
At this point you do not know anything about this individual. Does he live on the block, how old is he, what he does for a living? You base your suspicions on the time of day, the location, his actions, and his unaccountable movements. You back up your unmarked police car, and begin to exit. The area is dimly lit as you approach the male. He then turns his head toward you. Each of the police officers have their police shields around their neck and in a calm voice one of the officers states "Police, can we have a word with you." At this point he turns and begins to run. Fearing for your safety and the safety of your fellow officers you upholster your weapon, placing it to your side while aimed toward the ground. A foot pursuit ensues and while chasing him you yell, "Police," several times with your partners to your rear. He crosses a main avenue and enters a wooded lot about a block away. The individual falls to the ground face first (on tree branches), as you continue to close the gap between yourself and the individual. His back is toward you and when you are about five to seven feet away he begins to rise. He slowly turns his body counterclockwise. His right side is now visible and his right hand can be seen inside his waistband. His hand emerges out of the waistband and begins to extend out, beginning to point toward you. You see a dark object in his hand and in that split second you cannot distinguish exactly what it is (gun, knife, wallet, beeper, cell phone.) With not even enough time to raise your own weapon you take a few more steps and kick the individual under his chin. He falls back and the object falls out of the hand, onto the ground, barely out of his reach. You immediately jump on the individual, try to turn him around and a struggle ensues. Your partners come to your aid and you are finally able to turn him on his stomach and handcuff the person. You look into his eyes and he is staring into space. They are large, glassy and bulging. You think to yourself, is this guy a psycho? Was he trying to kill me? Why was he trying to stab me? For stealing a vehicle or is there more to this story? The thought of family comes into your mind and you check to make sure you are not injured. A search of the area reveals the object to be a moderately sized knife that can cause severe injury or death. After additional backup officers arrive you return to the area where the suspicious activity was taking place. In one of the vehicle windows a screwdriver was seen embedded and is recovered. After observing the suspicious actions of this individual, then apprehending him, it is apparent he was in the process of stealing the vehicle and was subsequently arrested for a variety of charges. Several weeks later and just prior to a Grand Jury proceeding, you are informed by the County Assistant District Attorney that this person was no ordinary, petty criminal. In fact he had been released on Parole only twelve days earlier, having served nine years for murdering a hospital employee who tried to rescue a nurse during a robbery at a local hospital when he was (15) fifteen. It is apparent he tried to stab you the officer because he did not want to be apprehended and go back to jail. Now, should these officers receive praise for disarming and subduing the attacker before being injured? What about having taken a violent man off the streets, and protecting the residents in the surrounding neighborhood during the early hours of the night while most people are asleep. How about for preventing a confrontation between the man and innocent civilians. Or should these officers be ridiculed, brought up on criminal or departmental charges or asked to defend their actions for stopping a male who was acting suspiciously. Sound familiar? This incident happened in the area of Wheeler Avenue in the Bronx. Right! The officers were white and the suspect was African-American, Right! Wrong! How about this being a true story, which happened on Staten Island on June 29, 1988. Two of the three officers were of Hispanic heritage while the perpetrator was a Caucasian. On the other side of the coin, let's say the officers are on patrol and they observe a male as we have described above. Instead of stopping their police car to investigate the actions of the individual they say to themselves "Lets not get out of our car to investigate because Al Sharpton, District Attorney Johnson and a host of others who are out for their own cause would ridicule, demand that we be brought up on criminal or departmental charges or ask us to defend their actions for stopping someone who was acting suspiciously." At about the same time there are several witnesses who are coming home from work. They see the officers looking at the suspicious male then the officers drive away not taking any action. Later that evening a murder, robbery, burglary, arson, or rape is committed inside a nearby home. A person fitting the description of the suspicious individual above was seen entering the home then exiting. Now, what does Sharpton and company do? Again, ridicule the officers, ask that they be brought up on departmental charges, seek to have them defend why no action was taken, request that they be fired and put in jail for not stopping and questioning the individual. It is important to note. The Fourth Amendment of the U.S. Constitution protects citizens from arbitrary search and seizure. But the courts have also determined that with "reasonable suspicion," an officer can stop someone and ask questions. The person can walk away from such questioning, but the police can consider flight a sign of guilt. Terry v. Ohio (1968) gives police the right to temporarily detain somebody if there are specific articulable facts leading a reasonable police officer to believe a crime might be occurring. This standard is known as "reasonable suspicion," although some people call it articulable suspicion or more than mere suspicion. It is not necessary for the officer to articulate or identify a specific crime they think is being committed, only that a set of factual circumstances exist that would lead a reasonable officer to believe that criminal activity is occurring. Note that arrest, search, and seizure requires probable cause, or what a "reasonable person" would believe. Stop and frisk, by contrast, requires what a "reasonable officer" would believe. Reasonable suspicion is one step below probable cause and one step above a hunch. A stop is justified in any combination of the following circumstances: the suspect doesn't seem to "fit" the time or place the suspect fits a description of a wanted person in a flyer the suspect is acting strangely, emotional, angry, frightened, or intoxicated the suspect is loitering, hanging out, or looking out for the suspect is running away or engaging in furtive movements the suspect is present in a crime scene area. The area is a high-crime area (not sufficient by itself or with loitering It is quite offensive that in this day and age police officers are not able to perform their jobs in a manner consistent with the liking of Sharpton and the rest of his entourage. Lets face it, it wasn't Sharpton, nor any of the other cohorts we read about in the papers or see on television that wrote the U.S. Constitution which under the Fourth Amendment sets standards of proof for the police while also protecting citizens from arbitrary search and seizure. Officers just utilize the tools afforded to them under law in an attempt to make the City of New York a better place to live, something he cannot comprehend. s a parent, I feel for the parents and family on the loss of Amadou Diallo. My heart goes out to them and if there is anything that could be done to bring their son back, I'm sure it would. But to say that the four officers charged with murder in his death started the night off saying they were going to systematically kill an African-American is preposterous. After hearing all the evidence on television, it is obvious the officers acted within their legitimate scope of employment and law when they first confronted Mr. Diallo. They further reacted when they felt their lives and lives of fellow officers were in danger. It was a tragic mistake that occurred within seconds. Prosecutors charged these officers then presented a case after putting a microscope under every move, and observation over a two-week time frame. These officers had only seconds to make a decision. They acted without having the luxury of several months to analyze every move, action and decision made at the scene the night of the Amadou Diallo shooting. It would have been a travesty of justice if these officers were found guilty of committing a crime. One can only hope and pray that interference from outside agitators does not have a bearing on future investigations and/or litigation into this matter.
Starco2000@aol.com Sgt. Ben Mormino, (NYPD, Ret.)
"The verdict is in and all I can say is OUTSTANDING!!! Our brothers have been cleared on all counts. As I watched the verdict
being read on Court TV, I had butterflies in my stomach.
I felt almost as if I was there. As a fellow NYC police officer, I felt so much a part of this trial. Because like the many other cops in NYC, we all know it could have been any one of us. Thank God this jury was not biased by public opinion."
Pointman313@aol.com
"Now that justice has been served, let's see if there will be peace!"
celticten@aol.com
"We all held our breath as the verdicts were read.
We here in Rockland County are breathing a deep sigh of relief. God bless you all."
Itallea@aol.com
"41 shots for one man.
19 of those hit him. 22 went? Come on you guys!!! What will you think of next? I know, give them machine guns. (sarcasm)"
billy1@usa.net
"NOT GUILTY. Thank God. Justice is still alive in New York State."
Whtbulldog@aol.com
"And the verdict: 'NOT GUILTY!' AMEN!"
Mjenkins11@email.msn.com
Copyright © 2000 Edward D. Reuss
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