DA's Case Continues
Bell Trial: Twists And Contradictions

By REUVEN BLAU

With his notes in hand, Queens Assistant District Attorney Charles A. Testagrossa March 5 never moved beyond a lectern while he questioned the officers and supervisors who first responded to the scene of the fatal police shooting of Sean Bell 16 months ago.

UNDER THE SPOTLIGHT: Det. Michael Oliver, because he fired 31 shots at the car driven by Sean Bell, has been the focus of attention among courtroom spectators during the early part of the case against him and fellow Dets. Gescard Isnora and Marc Cooper.

He asked the cops to detail exactly where they arrived and what they first saw or talked about with the three officers being charged in Mr. Bell's death.

Mark It in Red

The cops used a red marker to identify their location outside of the Kalua Cabaret in Jamaica on a computer screen in front of the witness stand. The crude lines instantly appeared on two large flat screens behind State Supreme Court Justice Arthur J. Cooperman, who glanced at the monitor in front of him.

Aside from the multiple attorneys in the front row, most in the chilly courtroom, however, had their eyes on Det. Michael Oliver. According to authorities, he fired 31 of the 50 shots early on the morning of Nov. 24, 2006, including the fatal blows to Mr. Bell, who was scheduled to get married later that day. The other Detectives on trial are Gescard Isnora and Marc Cooper.

Detective Oliver sat upright the entire time. He rarely looked directly at his colleagues on the stand and occasionally jotted down notes on the yellow pad in front of him.

Throughout the day of mostly technical testimony, he also never turned back to see the three female sketch artists with binoculars feverishly mixing colors on their canvasses to render his profile.

DEA Head's View

MICHAEL J. PALLADINO: Questions coverage.

Outside Courtroom 190 of Queens Supreme Court, Detectives Endowment Association President Michael J. Palladino complained about the media portrayal of the trial. He argued that reporters had often zoomed in on specific witness remarks, citing the police supervisors who testified that Detective Oliver did not immediately recall if he had fired his weapon.

The union president has spent the past two weeks listening intently to the courtroom proceeding from his corner seat two rows behind his members, two of whom are facing up to 25 years in prison if convicted.

"It's just a little bit disappointing that what's going on in the courtroom is not being reflected in media outlets," Mr. Palladino contended. The Queens District Attorney's Office has called a "parade of convicted felons," he added.

The union president was largely referring to the first week of the trial, which included testimony from two friends of Mr. Bell, who told the court that he had gotten into a dispute with a man dressed in black near a sport utility vehicle outside the club before the shooting. The friends, Larenzo Kinred and Hugh Jensen, said they saw the man, who has been identified by lawyers as Fabio Coicou, put his hands in his pockets, as if to grab a gun.

Helpful to Detectives

Their testimony appeared to support the Detectives' version of events. The officers have told authorities they believed Mr. Bell's friends were carrying firearms and looking to carry out a drive-by shooting in response to Mr. Coicou's behavior.

But exotic dancer Marseilles Payne testified earlier that she never heard the officers identify themselves before the shooting started. She also told the court that there was no dispute outside.

"I feel confident that the DEA's lawyers have discredited every one of the prosecution's witnesses," Mr. Palladino asserted.

That list, however, also includes several NYPD officers, who have at times contradicted portions of their grand jury testimony or their remarks to prosecutors during initial interviews. Several of the officer accounts of whether the Detectives on trial were wearing their badges or identified themselves have also been varied.

'Not the Best Witnesses'

"Cops are notoriously bad witnesses," an attorney familiar with the case said last week.

Many court insiders believe that the prosecution's witnesses have continually bolstered the defense's case. They noted that several cops who responded to the scene testified that they found some of their undercover colleagues with police shields around their necks and not intoxicated when they arrived moments after the shooting.

The conflicting accounts from witnesses at the scene before and after the shooting will likely place more weight on the ballistic evidence that shows that the Detectives being charged aimed the majority of their fire towards the passenger side of the car where they perceived a threat.

At the time of the shooting, the NYPD had the strip club under surveillance for possible illegal activities, and Detective Isnora was exiting when he witnessed a potential confrontation between Mr. Bell and two friends celebrating his bachelor party and another group.

Claims Gun Threat

According to the Detective, one of Mr. Bell's friends, Joseph Guzman, stated that he was going to retrieve his gun. Detective Isnora alerted his backup team about possible trouble and then followed Mr. Bell, Mr. Guzman and the third person in their party, Trent Benefield.

He said that he identified himself and displayed his shield but that Mr. Bell rammed the car into him, then put it in reverse and hit a responding van carrying the back-up officers. When the car lurched forward, Detective Isnora told the grand jury that produced the indictments, he began firing, as did four other officers.

One of the first officers to arrive after the shooting was Robert Maloney. He testified last week that when he first drove up to the scene he was met by another cop, who held up his shield from around his neck to identify himself. According to Officer Maloney, the officer told him, "I'm from narcotics. We have two perps shot."

But the veteran cop testified that he could not remember if the officer was African-American or Caucasian because he was so consumed with securing the area and making sure none of his colleagues were injured.

After his testimony, Justice Cooperman called a short recess to adjudicate several other cases.

Tension Lingers

Many left the courtroom to check their voice-mails and chat outside, but Detective Oliver moved several rows back to talk with a plainclothed colleague in attendance.

The old friends never looked towards the opposite end of the courtroom, where a family member of Mr. Bell glared intently at them during their entire conversation.

"I'm just here to show support," the officer later said. "That could be me up there. That could be any one of us."