NEW YORK
The family of an unarmed man killed in a hail of police gunfire on his
wedding day pledged Saturday to continue its fight to have someone held
accountable for his death, a day after a judge acquitted three officers in the
slaying.
"I'm still praying for justice, because it's not over. It's far from over.
It's just starting," Sean Bell's fiancee, Nicole Paultre Bell, told supporters
at a rally in Manhattan's Harlem neighborhood. "Every protest, every march,
every rally, I'm going to be right up front."
If history is a guide, the family may indeed still have a chance at
extracting some measure of retribution, but it would very likely come at the
expense of the city and not the officers who pulled the trigger. Bell, 23, was
killed and two friends wounded in a 50-shot barrage outside a Queens strip club
hours before his wedding.
Legal experts said Bell's family faces an uphill fight in their attempt to
have the officers charged with federal civil rights violations and might have to
settle for battling them in civil court, where the city, not the officers, would
be responsible for paying off any multimillion-dollar verdict.
Peter J. Neufeld, an attorney who represented police torture victim Abner
Louima, said he believed the chances that the U.S. attorney's office would bring
federal charges in the case were "close to zero," judging by Justice Department
decisions in past police shootings.
While federal prosecutors have been willing to prosecute police officers for
civil rights violations before, most famously in the case of Los Angeles
brutality victim Rodney King, they have hesitated to take on cases in which
officers have had to make a quick decision whether to open fire on a person they
perceived to be dangerous.
No civil rights charges were brought in the 1999 case of Amadou Diallo, an
unarmed African immigrant shot to death in the vestibule of a Bronx apartment
building by officers who mistook his wallet for a gun. They also were not
brought in the case of Eleanor Bumpurs, a mentally ill, 66-year-old black woman
who was killed by two shotgun blasts fired by a police officer evicting her from
her apartment in the Bronx in 1984.
"The split-second nature of the decision to shoot," Neufeld said, makes it
difficult for prosecutors to argue that the officers knowingly acted to deprive
someone of a constitutional right.
Bell's family and the two survivors of the shooting may have better luck,
though, with their lawsuit against the city. His companions that night were
Joseph Guzman and Trent Benefield.
New York has a long history of multimillion-dollar payouts as a result of
lawsuits brought by the families of people slain or beaten by police, including
many settlements in cases where the officers were acquitted of criminal
responsibility.
Even if the case goes to trial in civil court, Bell's family is in a good
position for a victory, said Bob Conason, an attorney who helped Diallo's mother
wrest a $3 million settlement from the city.
"This certainly doesn't kill the civil case," Conason said of Friday's
acquittal.
"Yes, they will have to try the case over again," he said, but the standard
for proving that the officers used excessive force is much lower in a civil
court. "We had the exact same thing in Diallo, and we were not that concerned
about winning the civil case," even after the initial verdicts of not guilty,
Conason said.
An exoneration in a criminal investigation also wasn't an obstacle for the
families of Patrick Dorismond, an unarmed black security guard whose family won
a $2.25 million settlement from the city after his shooting by a narcotics
detective in 2000, or for relatives of Timothy Stansbury, who settled for $2
million after the 19-year-old was shot by a startled officer on a Brooklyn
rooftop in 2004. Grand juries had declined to indict in either case.
That doesn't mean that the road to victory will be easy for the Bell family,
even in civil court.
The long trial of detectives Michael Oliver, Gescard Isnora and Marc Cooper
produced some moments damaging to the family's claim that the officers had no
cause to fear for their safety.
Judge Arthur Cooperman noted in his written decision on the case that some of
the prosecution witnesses who had given the most damning account of the
officers' conduct had changed their stories regarding the circumstances of the
shooting, which he said "had the effect of eviscerating" their credibility.
While not mentioning him by name, the judge also appeared to refer to Guzman
as he described a witness with a criminal history and a poor demeanor on the
witness stand. Guzman had been combative as he was cross-examined about the
shooting and has served jail time. The police detectives said they decided to
confront Bell's party as they left the strip club because they believed Guzman
was going to his car to retrieve a gun after an earlier argument.
Yet, even considering those factors, Conason said it might be in the city's
best interest to settle, rather than risk polarizing citizens by defending the
detectives' conduct in court.
"I would hope they figure, 'Enough of this. It's not good for the city. It's
not good for the department,'" Conason said. The Rev. Al Sharpton said he would
meet with members of Congress in an attempt to elicit their help getting the
Justice Department involved in the case.
Regardless of what the city decides to do, Bell's family and his friends say
they aren't going to give up.
"We got a long fight. We still here. We still in it," Guzman said.
Copyright 2008 Associated Press