NEW
YORK/POLICE LINE DO NOT CROSS
MARCH
6, 2000 VOL. 155 NO. 9
Black
and Blue
The
four cops who killed Amadou Diallo are acquitted, but the case will go
on raising questions about race and crime fighting, sending tremors right
through the November elections
BY
HOWARD CHUA-EOAN
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AFTERMATH:
Protesters in the Bronx wave their wallets, some jeering, "Looks like a
gun!" |
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The four
white policemen had fired 41 bullets at the young African immigrant; 19
hit their mark. Prosecutors brought six alternative charges against each
of the cops; none of them stuck--neither of the counts of murder, nor the
two of manslaughter; not homicide, not reckless endangerment. On Friday,
as TV cameras recorded the verdict in an Albany, N.Y., courtroom, the only
words that registered were "not guilty," drummed out again and again, 24
times by the time the last defendant was fully cleared. About 140 miles
to the south, in New York City, where the killing took place, where it
was deemed too explosive to hold a trial, a cold, dull rain deepened the
numbness brought on by the news. Anger could muster only brief marches
through the Bronx neighborhood where the shooting occurred. One man raised
his infant son in the air and pointed to the color of the child's skin.
"Shoot him now!" But mostly it was momentary street theater; a demonstration
the next day briefly tied up Manhattan traffic, but the shouting soon settled
into foul, frustrated meditations on why so many bullets, why so little
retribution. Still, the powers that be--or would be--watched warily and,
for the most part, chose their words carefully.
In
the courtroom, as the first "not guilty" sounded, the dead man's mother
had allowed herself a measure of despair. Her shoulders slumped; her bearing,
which had been formidable in the face of four weeks of graphic testimony,
finally gave way. As the 24th verdict was uttered, she clutched her brother's
hand. Then, with the court adjourned, Kadiatou Diallo walked out, tears
streaming down her face, refusing to make eye contact with the four defendants
and their families, who were giving themselves up to elation, hugging and
making the sign of the cross. The Muslim woman, her ex-husband beside her,
spoke calmly at a brief press conference, but her words had a touch more
emotion when she got to the sanctuary of her hotel room. "No human being
deserves to die like that," she told TIME as she imagined the last moments
of her son Amadou. "Standing in front of your doorway where you live. Is
that a crime? All he was doing was going home."
Last
week disparate pieces fell together, locked in place, and, suddenly, abstract
controversies were framed in a comprehensible melodrama: a mother's search
for justice, a city's battle against crime, the skin colors of power and
powerlessness, the politics of outrage, the ambitions of a First Lady and
a mayor--as well as the men who would be President. With the numbing beat
of 24 not-guilty verdicts, racial profiling, police brutality, the rights
of minorities and the promises of the Constitution were funneled into a
compelling narrative. A different but equally riveting tale is unfolding
in Los Angeles, where last week the FBI joined a widening investigation
into allegations that antigang cops acted like gangsters themselves--lying,
stealing and shooting people with no cause. The arguments about the consequences
of policing the police now have a clear dramatic arc; the debate can now
be conducted in parables.
Television
had humanized the defendants, and audiences were both perturbed and moved
by their relief at acquittal. "They are suffering," said John Patten, the
attorney for Officer Sean Carroll. "This has been terribly difficult for
them." Kadiatou Diallo sensed all that. The trial, she says, was for the
benefit of the four policemen. "Amadou did not come out here," she says.
"It was limited to the people who were on trial. No one came to know who
Amadou really was." She does not want people to forget who he was and what
happened to him.
He
was the good son, the child who always smiled, who never hurt anyone. "He
began reading the Koran by himself," Diallo recalls proudly. And always
said his prayers, bowing toward Mecca the prescribed five times a day.
Perhaps made shy by a youthful stutter, Amadou nevertheless chose to emulate
the adventurous example of his father Saikou, a man who had risen from
street vendor in West Africa and dodged coups d'etat and other political
turmoil to become a businessman with interests in Guinea, Togo, Liberia,
Thailand, Vietnam and Singapore. Amadou had seen those troubles and been
to those places, but he wanted to make his mark in America. He loved America,
said an uncle, more than the Americans did. Diallo was so eager to live
in the U.S. that he applied for the status of political refugee under false
pretenses and, once in New York City, took a job as a street vendor selling
videotapes, socks, gloves.
On
Feb. 4, 1999, home for Amadou Diallo was an apartment in the Soundview
section of the Bronx. It was just after midnight, a time when the city's
elite Street Crime Unit could often be seen patrolling the poorest neighborhoods.
The SCU's motto said as much: We Own the Night. The unit had been expanded,
perhaps too quickly, from 150 undercover officers to nearly 400. Recruits
were given only three days of intensive training. The unit belonged to
no precinct and was based on one of the islets in the East River, isolated
from every borough but having the freedom of the city to search, frisk
and arrest. It had been tremendously successful. Though making up less
than 2% of the police force, the SCU accounted for more than 20% of the
city's gun arrests, reducing the number of weapons by more than 2,000.
The murder rate plummeted. But the unit's arrests came at a huge social
cost: in 1997 and 1998 it stopped and searched 45,000 men, mostly African
Americans and Hispanics, in order to make slightly more than 9,000 arrests.
And on Feb. 4, 1999, it came upon Amadou Diallo.
Officers
Kenneth Boss and Sean Carroll (back to camera) embrace after hearing the
verdicts |
|
Officers
Sean Carroll, Kenneth Boss, Richard Murphy and Edward McMellon were looking
for a rapist when they spotted Diallo at the front door of his apartment
building. And though other witnesses saw and heard things from a distance,
the only close-up testimony comes from the cops. Officer Carroll's account
would be pivotal to the court case. "The way he was peering up and down
the block," said Carroll from the witness stand, had made the police suspicious
of Diallo. "He stepped backward, back into the vestibule as we were approaching,
like he didn't want to be seen... And I'm trying to figure out what's going
on. You know--what's this guy up to? ... I was getting a little leery,
from the training, of my past experience of arrests, involving gun arrests."
The
individual turned," recalled Carroll, "looked at us. His hand was on--still
on the doorknob, and he starts removing a black object from his right side.
And as he pulled the object, all I could see was a top slide--it looked
like a slide of a black gun... Believing--believing that he had just pulled,
was about to fire the gun at my partner, I fired my weapon."
A
first barrage of bullets by the four officers was followed by a longer
second set of shots. Diallo was pinned against the doorway. "There was
splintering of wood," said Carroll. "There were sparks. And there appeared
to be muzzle blasts coming from where the individual was standing...and
I started to shoot at his legs. Because I figured if he's wearing a [bulletproof]
vest, the only way to stop him was to take his legs out." Diallo's body
had slumped down. "His head was propped up against the wall," said Carroll.
"There was an object in his right hand."
Then
Carroll made his discovery. "When I removed the object from his hand, which
I believed to be a gun, I grabbed it, and it felt soft. I looked down at
it, my left hand, and I seen it was a wallet. I lifted up his shirt a few
inches, and I observed two bullet holes to his lower midsection, and said,
'Oh, my God.' I just held him, his hand. I rubbed his face. 'Please don't
die.' "
But
Amadou Diallo was dead.
In
the days and weeks afterward, protests and public outrage were all-consuming,
even for a city used to fracas and brouhaha. Law-and-order advocates squared
off against civil rights activists; columnists sparred and ranted; members
of the O.J. Simpson dream team did cameos. In a daily ritual as practiced
as a tea ceremony, hundreds of demonstrators, including actress Susan Sarandon
and former mayor David Dinkins, got themselves arrested outside police
headquarters. The SCU was suspended and then dispersed, its members promoted
to detective and sprinkled throughout the police department. And as the
presidential-campaign season dawned (and the March 7 date of New York State's
primary neared), Al Gore and Bill Bradley were drawn into the debate. The
Diallo debacle was at the core of the first question asked of the two candidates
at a debate sponsored by TIME and CNN at Harlem's Apollo Theater last week.
Both Gore and Bradley fell over themselves to become Commander in Chief
of the forces against racial profiling--Bradley promising an Executive
Order eliminating racial profiling at the federal level, Gore raising the
ante to a national law outlawing racial profiling altogether.
It was
no coincidence that the person who posed the question was the Rev. Al Sharpton,
the controversial civil rights activist who has been a champion of the
Diallo cause. Sharpton's question was carefully phrased: "We are asking
you what concrete steps would you make if you were elected President to
deal with police brutality and racial profiling without increasing crime.
How would you keep crime down but at the same time confront the problem
of police brutality and racial profiling?" After the verdict last week,
he urged calm. After years of playing the bombastic gadfly, Sharpton has
emerged as the most important black leader in the city, and how he manages
the fallout from the Diallo case will not only shape his political future
but may also influence the country's most-watched Senate race this fall.
As
for those senatorial wannabes, Hillary Clinton and New York Mayor Rudolph
Giuliani, both played to type earlier in the tragedy. She called the killing
a murder. He lashed out at those who criticized the cops, calling the demonstrations
silly, and saw his mayoral approval rating plummet. After the verdict last
week, Giuliani reached out to the Diallo family but spent as much energy
calling on angry citizens to "put their prejudices and biases aside. We
have racism in New York ... We also have a vicious form of antipolice bias."
The First Lady, who had already apologized for the murder remark, was more
cautious in her reaction. She asked people "to strive for a better understanding
of the incredible risk police face," and for police and citizens "to treat
each other with mutual respect." Her remarks seemed to be aimed at avoiding
further controversy, while Giuliani, who has been taking heat from this
case for a year, was ready to keep taking it. Clinton will probably face
growing pressure from liberal supporters to push for the Justice Department's
prosecution of the officers on civil rights charges. Giuliani contended
that the case did not warrant such a trial, and some observers said the
verdict got Giuliani out of a tight spot, since now he can defend the entire
jury system instead of just the police.
His
mother: Kadiatou Diallo |
|
Who lost
the trial? Most critics point to Bronx district attorney Robert Johnson.
For one thing, Johnson, who is African American, chose not to assign any
blacks to the prosecution team, which probably meant a less passionate
presentation of the case. Race was never articulated as an issue at the
trial, even though its presence was pervasive. Prosecutors backed off the
defendants when they stood by their stories and appeared remorseful; the
government also failed to press key points, including the possibility that
Carroll was actually within the vestibule when the shooting started. More
than a case lost, however, the trial was won. Defense attorneys had deftly
kept their clients from testifying to the grand jury, depriving the prosecution
of testimony to mull over until the witnesses actually got to the stand.
Carroll's testimony dovetailed with Judge Joseph Teresi's four-hour instruction
to the jury of seven white men, four black women and one white woman. He
told them they must acquit a defendant if they believed he reasonably but
mistakenly thought he had to use deadly force in response to a threat.
After 21 hours of actual deliberation, the jury came down on the side of
the police. The Justice Department, which has been monitoring the Diallo
case from its inception, said it would look into civil rights violations,
though most observers believe it will be hard to fault Teresi's court.
The next
move may be the Diallos'. In the fictional life he created to persuade
immigration officers to let him stay in America, Amadou Diallo claimed
he was a refugee from "ethnic cleansing" in the West African nation of
Mauritania, that soldiers had tortured his uncle to death, that they had
murdered his parents. Now, his parents, alive, have come back to seek justice
for their dead son. After some squabbling, they have settled on how they
will administer Amadou's estate. It could be worth a lot, especially if
a civil suit against the police department succeeds. It will be the Diallo
family's chance to make the city accountable for the acts of the SCU, which
one TV commentator called an "unindicted co-conspirator." Even some cops
expect a day of reckoning. Says a Brooklyn sergeant: "If there is anyone
who should have been on trial, it is the department. Those guys went out
for numbers--they didn't go out to kill anyone--but the department wants
guns and numbers."
Kadiatou
Diallo cannot yet bring herself to reconcile with the men who killed her
son. Last week, the verdict still fresh, her lawyer said that reporters
would ask her about Sean Carroll's wish to meet with her. Her response
was to fold her arms across her chest. "Only when the person comes and
says the truth," she says. "Then forgiveness will come."
--REPORTED
BY ELAINE RIVERA/ALBANY AND EDWARD BARNES, ERIC POOLEY AND WILLIAM DOWELL/NEW
YORK
Four
Faces, 41 Shots
The
defendants were remorseful during the trial, and may yet face administrative
charges
EDWARD
MCMELLON
AGE:
27
FIRED:
16 shots
JOINED
N.Y.P.D.: 1993
PROMOTED
TO STREET CRIME UNIT: 1998
FELONY
ARRESTS: 86
Five
civilian complaints, none deemed to be substantiated; three citations for
excellence
SEAN
CARROLL
AGE:
36
FIRED:
16 shots; first officer to shoot
JOINED
N.Y.P.D.: 1993
PROMOTED
TO STREET CRIME UNIT: 1997
FELONY
ARRESTS: 68
Two
citations for excellence on duty
RICHARD
MURPHY
AGE:
26
FIRED:
four shots
JOINED
N.Y.P.D.: 1994
PROMOTED
TO STREET CRIME UNIT: 1998
FELONY
ARRESTS: 55
No
civilian complaints
KENNETH
BOSS
AGE:
28
FIRED:
five shots
JOINED
N.Y.P.D.: 1992
PROMOTED
TO STREET CRIME UNIT: 1998
FELONY
ARRESTS: 97
One
complaint involving a fatal shooting; 23 citations for excellence on duty
COPYRIGHT
© 2000 TIME INC.
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