
A Queens judge on Friday acquitted three detectives charged in the shooting of
Sean Bell, who died on his wedding day in a hail of 50 police bullets. He said that prosecutors had failed to prove their case and that wounded friends of the slain man had given testimony that he did not believe.
The top-to-bottom acquittals of Detectives
Gescard F. Isnora,
Michael Oliver and
Marc Cooper were delivered by Justice
Arthur J. Cooperman in an essay form bearing little resemblance to a standard jury verdict, and were met with silence as spectators looked at one another to be sure they had grasped what he was saying.
The detectives seemed to exhale deeply with relief. Detective Oliver — who reloaded his gun to fire a total of 31 shots — closed his eyes and cried.
Except for a few scuffles outside the Queens Criminal Court building and shouted, the day passed peacefully amid calls for calm delivered by the mayor, the police commissioner and other officials. Still, the Rev.
Al Sharpton, a spokesman for the Bell family, called for street protests and said people should get themselves arrested, “whether it is on Wall Street, the judge’s house or at 1 Police Plaza.”
Legal hurdles remain for the officers: federal authorities said they would now investigate the case, and the Police Department is mulling internal charges. A $50 million lawsuit against the city, filed last year by Mr. Bell’s fiancée, who had two children with him, and the two men wounded in the shooting, may now begin moving forward.
The shooting of Mr. Bell, 23, outside a nightclub in Jamaica, Queens, early on Nov. 25, 2006, the morning of the day he was to be married, lasted seconds, but offered a glimpse of what it is to live in a neighborhood where black men and women are stopped and frisked at a higher rate than elsewhere in the city.
But the case never became the racially charged lightning rod of
Amadou Diallo, killed in 1999 in a hail of 41 shots. This was due in part to the race of the officers — two of the three on trial were black — and to the response of Mayor
Michael R. Bloomberg, who reached out to the victim’s family in a stark contrast to the response of Mayor
Rudolph Giuliani after Mr. Diallo was killed.
Further, trial testimony showed that Mr. Bell may have played some role, however unwitting, in the shooting, as he was drunk by legal standards when he pressed down on the accelerator of his fiancée’s Nissan Altima and struck Detective Isnora in the leg in an attempt to flee.
Justice Cooperman, who heard the case without a jury in State Supreme Court in Queens, listed his reasons for throwing out much of the testimony from Mr. Bell’s group, including the number of times that witnesses were caught changing their story on the stand and the witnesses who had interests in the outcome because of the lawsuit against the city. Those issues, criminal backgrounds and the demeanor of the mostly young men on the witness stand “had the effect of eviscerating the credibility of those prosecution witnesses,” he said.
As for the detectives, the judge made it clear that he believed their versions of events over those of the young men involved, including Detective Isnora’s statement that he had overheard Mr. Bell’s friend
Joseph Guzman twice say that he was going to get a gun.
“The court has found that the incident lasted just seconds,” Justice Cooperman said. “The officers responded to perceived criminal conduct; the unfortunate consequences of their conduct were tragic.”
But rather than call the shooting justified, the judge said that the prosecution failed to prove it was unjustified, as was its burden. Indeed, his ruling was far from approving of the detectives’ conduct during the undercover vice operation that night. “Questions of carelessness and incompetence must be left to other forums,” he said. He never mentioned the high number of shots fired, or the fact that Detective Oliver had fired 31 of them.
Similar statements came from the Queens district attorney,
Richard A. Brown, whose office prosecuted the case. He said the trial “revealed significant deficiencies in supervision, tactical planning, communications and management accountability — insufficiencies that need to be addressed.”
Mayor Michael R. Bloomberg, who called the incident “inexplicable” and “excessive” in the days following the shooting, expressed sorrow for Mr. Bell’s family.
The verdict came 17 months to the day after five officers pointed their pistols at the car Mr. Bell was driving and opened fire. The shooting followed a confrontation between Mr. Bell and a stranger outside the
Club Kalua, where Mr. Bell had attended his bachelor party. During the confrontation, Detective Isnora said, he heard the threat about getting the gun.
In the events that followed, Mr. Bell’s car struck the detective’s leg and, twice, a police van. Detective Isnora said he saw Mr. Guzman reach for his waistband, shouted “Gun” and fired. The three detectives who were brought to trial fired 46 of the 50 rounds, killing Mr. Bell and wounding Mr. Guzman and
Trent Benefield, another friend of Mr. Bell’s.
The detectives each spoke briefly at a press conference at the Detectives Endowment Association on Friday afternoon, variously thanking God, their families, lawyers and Justice Cooperman. “This is the start of my life back,” said Detective Cooper, who seemed to be fighting back tears.
Mr. Bell’s parents, William and Valerie Bell, were sitting where they had been sitting, side by side, throughout the seven-week trial. Mrs. Bell had been looking toward the floor and blinking furiously during the verdict, and finally began to cry, covering her face while her husband stared straight ahead, looking at no one and shaking his head.

A woman sitting behind them broke the silence when she asked, “Did he just say ‘not guilty’?”
Court officers hurried the three detectives out a back door.
As news of the acquittals rippled through clots of supporters of the Bell family, Mr. and Mrs. Bell led a column of friends and relatives, including Mr. Bell’s fiancée, Nicole Paultre Bell, out of the courthouse. No one, including Mr. Sharpton, spoke, and the spectators on Queens Boulevard fell into a column and followed behind.
Mr. Brown, the district attorney, said he accepted the verdict, calling Justice Cooperman “one of this county’s most respected and learned jurists.”
He was asked if, in hindsight, he had any misgivings about the reading of the grand jury testimony of the three detectives from 2007 into the record during the trial. The readings were widely seen as something of a coup for the defense, with the detectives’ accounts of the panic and uncertainty surrounding the shooting coming across without the detectives having to undergo cross-examination.

The lead prosecutor, Charles A. Testagrossa, an assistant district attorney, recalled criticism of the prosecution strategy of calling almost all the available witnesses, whether they were helpful or harmful to the prosecution.
“It’s very easy for people who are observing the trial to say, ‘Gee, you called this witness, and not this witness,’ ” he said. “If you think that criticism could have made us work any harder, be more committed to obtaining a conviction in this case, then you had a right to criticize us. But the fact of the matter is, knowing how hard all of the members of this team worked,” the criticism meant nothing.
Then he quoted one of his own witnesses, a stripper who appeared early in the trial: " 'It is what it is.' "
They felt angry and defiant and sad. Mostly, they felt empty.
“We just all gasped, like, ‘Wow, how could you throw out this whole case?’” said Les Paultre, the father of Nicole Paultre Bell, who was to marry Mr. Bell the day he was fatally shot by the police outside the strip club where his bachelor party had been held. “That’s basically what the judge did. He just threw out this whole case.”

After Justice Arthur J. Cooperman read his verdict to the packed courtroom, a momentary silence was followed by sobs and words of disbelief from Mr. Bell’s relatives and supporters.
Later they headed to a cemetery on Long Island and bowed their heads over red flowers that marked Mr. Bell’s grave.
Ms. Paultre Bell and her parents then retreated to their home a block from the beach in Far Rockaway, while their chief spokesman, the Rev. Al Sharpton, voiced outrage at the verdict in a radio program broadcast from the headquarters of the National Action Network, an organization he founded.
Mr. Sharpton, who has led protests over police shootings for decades, promised to lead protests — he said he expected some people to be arrested — possibly on Wall Street, in front of 1 Police Plaza, and perhaps outside the judge’s home, starting as soon as Saturday. He also talked of a possible boycott, though he did not specify whom or what might be boycotted.
“We’re going to demonstrate to the government that New Yorkers will not take this abortion of justice lying down,” Mr. Sharpton said.
He took particular umbrage at what he contended was Justice Cooperman’s mention of the criminal history of the victims, and his comment that he found details of the testimony of Trent Benefield and Joseph Guzman, Mr. Bell’s friends who survived the shooting, unbelievable.
“The fact is, judge, he was shot,” Mr. Sharpton practically spat. “Duh, does it take a genius to figure out that a victim now has to give you a clinical definition of when he was shot? Maybe he didn’t remember because he was in pain and maybe he didn’t remember where because he was in the middle of running for his life.”

Mr. Sharpton also argued that Justice Cooperman’s ruling set the table for federal civil rights charges.
“People with records,” he said, “do not lose their right to not be shot by police.”
Some of Mr. Bell’s supporters who had gathered outside the courthouse on Friday morning said the judge’s decision was the latest in a string of verdicts that condoned the killing of an innocent black man by a New York police officer. Two of the detectives who faced trial over Mr. Bell’s killing are black.
“We got the door slammed in our faces is how a lot of people feel,” said Michael Hardy, a lawyer who represents Mr. Benefield, Mr. Guzman and Ms. Paultre Bell in a civil suit that is pending against New York City. Mr. Hardy added, “It tells you that no matter what, because of who you are and the community you come from, you will get nothing.”
When Justice Cooperman pronounced the men not guilty in State Supreme Court in Queens, Ms. Paultre Bell, 23, jumped up and sped out of the courtroom, weeping. A number supporters followed, even as court officers urged them to remain in their seats until the judge had stepped down.

Outside, hundreds of people spilled into the street. “They’re murderers,” one man yelled, referring to the detectives. “They’re going to rot in hell where they belong.”
Someone held a sign that read: “People’s Verdict: Guilty.”
At one point, Mr. Guzman sat on a stoop outside the courthouse, head in hands.
Harold James, who had organized the bachelor party that preceded Mr. Bell’s death, scowled.
“Don’t talk to me, man,” he said. “It’s not a good day.”
Led by Mr. Sharpton, the Bell family, Mr. Guzman and Mr. Benefield left the courthouse without comment. As they rounded Queens Boulevard toward a parking lot, reporters and photographers swarmed around them.
One of the Bell supporters got into a shoving match with an Associated Press photographer. The supporter’s friends tried to restrain him and police officers rushed to regain order.
Hours later, outside Mr. Sharpton’s headquarters in Harlem, three young black men staged a protest, one of them dressed as a Klansman with “N.Y.P.D.” written on the sheet draped over his head. Members of Mr. Sharpton’s organization asked the men to leave, saying, “We don’t need this.” But the men refused to go, and there was arguing for 10 minutes until they finally left.
Earlier, at Nassau Knolls Cemetery and Memorial Park in Port Washington, Ms. Paultre Bell, who took Mr. Bell’s name after his death, took a call on Mr. Sharpton’s cellphone from Gov. David A. Paterson and placed flowers on Mr. Bell’s grave. “She promised they wouldn’t stop fighting for justice,” Mr. Sharpton said later.

Throughout Friday afternoon, several people came and went from Ms. Paultre Bell’s home, including Mr. Guzman, who declined to speak with reporters. Miles away in Jamaica, Mr.
Benefield, wearing a T-shirt bearing Mr. Bell’s picture, sat on a bench with friends in the courtyard of his housing complex.
Earlier, Mr. Benefield told reporters that he was going to fight on, insisting the officers had committed a crime and “have to pay a price.”
Ms. Paultre Bell’s father said that the family received a taunting telephone call Friday afternoon and that the caller identification suggested it came from someone at the Sergeants Benevolent Association, a police supervisors’ union. The association’s president, Edward D. Mullins, said he would investigate. “If it happened in our office, I want to know who did it,” he said.
Ms. Paultre Bell, Mr. Guzman, Mr. Benefield and Mr. Bell’s parents, William and Valerie, are expected to speak at Mr. Sharpton’s headquarters Saturday.
“We’re not going to give up,” Ms. Paultre Bell’s father said on Friday afternoon. “We’re going to keep pushing forward because Sean did not die in vain, and these young men should not have been stopped in the first place.”

Criminal verdicts almost always contain either one word or two. The Sean Bell verdict ran 1,164 words, a methodical and unusual look into a judge’s examination of the burden of proof by the people of the County of Queens.
“The court did not view the victims or the N.Y.P.D. as being on trial here,” Justice Arthur J. Cooperman said in a packed courtroom Friday in delivering his verdict on the detectives charged in Mr. Bell’s death. But much of the most damning language was indeed directed at the victims, both at behavior that the judge saw as fomenting the tension that led to the shooting, and then at statements on the stand that he found dubious. 
In his words the judge clearly favored the testimony of the detectives, given before a grand jury last year, over that of prosecution witnesses and, in particular, the two men wounded in the shooting, Joseph Guzman and Trent Benefield.
The decision is notable for what it does not mention: one of the most explosive elements of the trial, the fact that 50 bullets were fired at three unarmed men, 31 of them by Detective Michael Oliver, who reloaded in the middle of the fusillade.
At the same time, Justice Cooperman makes it clear that it was his job to decide whether prosecutors proved their case — that the officers were not justified when they opened fire — and not whether they had performed their jobs poorly. That, he wrote, would be up to others to decide.
The verdict, in its cool, unadorned style, is a lesson in witness credibility and its key role in eliminating reasonable doubt. In contrast to much of the heated testimony, the verdict is written without flourish or pontification, beginning with a reminder to the gallery to keep quiet and recognition of the difficulty of the last two months.
“In many ways, this trial was a hardship,” Justice Cooperman said.
The first hint of which way the verdict was heading may have come, to some alert ears, soon after, when the judge seemed to pause to point out that “establishments known as ‘strip clubs’ often generate criminal activity including prostitution and narcotics.” If he had decided to convict the detectives, it would seem unlikely that he would point out valid reasons they had for being at Club Kalua that night.

“An objective consideration of the proof ruled out sympathy and prejudice and any other emotional response to the issues presented,” he said.
He said he leaned on evidence that suggested what was going through the detectives’ minds and not Mr. Bell’s. “What the victims did was more pertinent to resolving the issues of fact than what may have been in their minds,” he said.
He suggested that whatever the police did wrong that night should be determined elsewhere: “Carelessness and incompetence are not standards to be applied here, unless the conduct rises to the level of criminal acts.”
The judge focused on testimony on two key moments: the argument between Mr. Bell and a stranger, Fabio Coicou, outside Club Kalua, and the seconds before Detective Gescard F. Isnora opened fire. In doing so, the judge said, he was aware that witnesses recalling the same event might tell it a little differently. “However,” he wrote, “where there are significant inconsistencies related to important facts, they should be considered.”
What Justice Cooperman found in the testimony of the 50 prosecution witnesses were myriad significant inconsistencies. And he listed them among the reasons he found the prosecution’s case to have failed: “Prior inconsistent statements, inconsistencies in testimony among prosecution witnesses, the renunciation of prior statements, criminal convictions, the interest of some witnesses in the outcome of the case, the demeanor on the witness stand of other witnesses and the motive witnesses may have had to lie and the effect it had on the truthfulness of a witness’s testimony.
“These factors,” he continued, “played a significant part in the people’s ability to prove their case beyond a reasonable doubt and had the effect of eviscerating the credibility of those prosecution witnesses. And, at times, the testimony just didn’t make sense.”

The judge seemed to single out the two key prosecution witnesses, Mr. Guzman and Mr. Benefield. Of the former, the judge simply stated that he believed what Detective Isnora said, that he had heard Mr. Guzman tell someone to get him his gun, a claim Mr. Guzman denied.
Justice Cooperman was harsher on Mr. Benefield, calling his credibility “seriously impeached.” He said Mr. Benefield’s claims to have been shot while running away were contradicted by forensic evidence.
By four-fifths of the way through the ruling, the judge still had not disclosed his verdict, but it was becoming clearer how he would rule. “The police response with respect to each defendant was not proved to be criminal,” he said, “beyond a reasonable doubt.”
He followed with a finding on a critical element in the prosecution’s failure to show guilt beyond a reasonable doubt. “The people have not proved, beyond a reasonable doubt, that each defendant was not justified in the actions that each took,” he wrote.
The verdict’s style surprised listeners who were expecting a rundown of the indictment’s eight counts, with “guilty” or “not guilty” attached to each defendant’s name.