Bell Cops Opt For Trial By Queens Judge; Choice Made After Court Nixes Move Outside City

By RICHARD STEIER

The three Detectives charged in the fatal shooting of Sean Bell outside a Queens nightclub 14 months ago sought and obtained a trial by judge Jan. 25, two days after they were denied in their attempt to have the case moved because the jury pool in the borough was allegedly tainted.

MICHAEL PALLADINO: Uneasy about Queens jury.

Queens Supreme Court Justice Arthur Cooperman, who had previously been assigned the case, will decide the fates of Dets. Gescard Isnora and Michael Oliver, who are charged with first- and second-degree manslaughter, and Det. Marc Cooper, who is accused of reckless endangerment. Detectives Isnora and Oliver fired 42 of the 50 bullets discharged by five police officers at Mr. Bell and his two companions, Joseph Guzman and Trent Benefield.

Trial Off to Feb. 25

At the request of the Queens District Attorney's Office, the trial, which had been set to begin Feb. 4, was postponed until Feb. 25.

On Jan. 23, a four-justice Appellate panel of State Supreme Court rejected, without explanation, a defense motion to have the case moved outside the metropolitan area due to unfavorable pre-trial publicity that included statements by Mayor Bloomberg two days after the Nov. 25, 2006 shooting that the force used in the shooting appeared "excessive" and "inexplicable."

The Chief-Leader/Michael O'Kane READY TO BE JUDGED: Det. Michael Oliver (center), who fired 31 of the 50 bullets in the Sean Bell case, leaves Queens Supreme Court with his attorney after the request by the three Detectives charged for a nonjury trial was granted.

Queens DA Richard A. Brown had countered with a brief in which one of his aides stated that pre-trial publicity that might be deemed unfavorable to the three Detectives had been offset by statements issued by the NYPD and a media campaign orchestrated by the Detectives Endowment Association on their behalf. It also responded to a poll commissioned by one defense lawyer that showed that a majority of potential jurors had already concluded that the shooting was not justified with another one that showed just 35.5 percent of those surveyed had formed an opinion about the case.

Cops' Faith in Judges

The Appellate ruling prompted DA Brown to issue a statement that the court decision "reflects that which we said all along, that a fair and impartial jury can be selected from among the 2.3 million residents of Queens County."

The three Detectives, however, opted not to go that route, instead asserting their right under the state's Criminal Procedure Law to be tried by a judge. That method has been favored by cops in several high-profile cases in which a civilian's death resulted during the past 25 years, based on the belief that judges are more likely than jurors to decide a case on the facts and not be influenced by outside matters such as community pressure or street rallies.

DEA President Michael J. Palladino said in a phone interview following the granting of the bench trial, "We just didn't have a comfort level with a jury trial in Queens."

He cited factors including "the avalanche of media, the Mayor labeling the shooting 'excessive' and 'inexplicable,' and Sharpton holding marches." He was referring to the Rev. Al Sharpton, who organized several rallies while serving as a spokesman for Mr. Bell's widow, Nicole Paultre-Bell, and the two men who survived the shooting, Mr. Guzman and Mr. Benefield.

Alarmed by Gun 'Threat'

It occurred outside a nightclub, Kalua Cabaret, that was being monitored by the NYPD because of reports of various criminal, violations taking place inside. Detective Isnora was working undercover inside the club and overhead an argument at its entrance during which Mr. Guzman allegedly told one of his companions, "Yo, get my gun."

The Detective called for back-up but, fearing that the three men might begin shooting before other cops could intervene, he followed them back to their car, according to police statements. The three men were inside Mr. Bell's car when he confronted them, he said, claiming that he displayed his badge while training his gun on them.

According to police, Mr. Bell responded by driving the car into Detective Isnora, then backing up and hitting a police van that had been around the corner when the Detective called for help. The Detective said that when Mr. Bell drove the car forward toward him again, he began firing. Other cops followed. When the shooting ceased, they discovered that no one in Mr. Bell's car was armed.

DEA Cites Past Records

It was subsequently disclosed by police that Mr. Bell, who was to be married later that day, had been drinking heavily at his bachelor party. Mr. Palladino has pointed out that all three men in the car had criminal records and questioned how they were supporting themselves at the time of the shooting.

Among the three cops besides Detectives Isnora and Oliver - who accounted for 31 of the shots and at one point reloaded his weapon - who fired their guns, only Mr. Cooper was charged by the Queens grand jury that considered the case.