The Militant (logo) 
Vol.64/No.1      January 10, 2000 
 
 
Hundreds protest in N.Y. after court moves trial of killer cops  
{front page} 
 
 
BY AL DUNCAN 
NEW YORK CITY—The Appellate Division of the New York State Supreme Court ruled December 16 that the four cops charged with brutally gunning down Amadou Diallo, a 22-year-old worker from Guinea, are to be tried in Albany, New York. This ruling reversed an earlier decision by a lower court that the trial would be held in the Bronx where the killing occurred.

The cops involved—Richard Murphy, Kenneth Boss, Edward McMellon, and Sean Carroll—face second degree murder charges for killing Diallo in a hail of 41 bullets on Feb. 4, 1999. If convicted, they could receive up to 25 years to life in prison.

The indictment of the cops was a major victory for working people in the city of New York. It came about as a result of demonstrations, speak-outs, and civil disobedience protests over the course of weeks, including daily picket lines outside the police headquarters that involved thousands of workers and others from throughout the area.

Moving the trial to Albany is an attempt to prevent the cops from being convicted, and also to try to stop this case from further weakening the Democratic and Republican parties in the city during the upcoming election year. According to 1997 census estimates, only 9 percent of the residents of Albany are Black, compared to 38 percent in the Bronx. Half of all Bronx residents identify themselves as Latino. And the average income in the New York City borough is substantially lower than in Albany, the state capital, located three hours north of here.

The judges claimed that the cops couldn't get a fair trial anywhere in the city. They described the extensive news coverage of the killing and protests against it as "prejudicial publicity to such an extent that even an attempt to select an unbiased jury would be fruitless." In addition to various press articles, the judges cited a recent advertisement by the American Civil Liberties Union that included the image of 41 bullet holes and read, in part, "On February 4th, 1999, the NPD gave Amadou Diallo the right to remain silent. And they did it without ever saying a word.... [T]he police killed an unarmed, innocent man. Also wounded that night was the constitutional right of every American to due process of law."

The court cited a poll in which 81 percent of those asked said, that there is no possible justification for shooting at someone 41 times who is unarmed. This fact highlights the city rulers' true concern— —not that a fair trial is impossible, but that an acquittal is highly unlikely.

The cops may not face a jury at all. Under New York state law after a jury has been selected, the cops have the option of requesting a bench trial, that is trial directly by a judge. That is the course Francis Livoti, the cop who choked Anthony Baez to death in 1994 after his patrol car was accidentally hit by a football, chose in his state trial, where he was acquitted. After an outcry of protests, Livoti was convicted in a federal jury trial of violating Baez's civil rights.

The decision to move the trial of the cops who killed Diallo infuriated many working people in New York. A demonstration took place at the Bronx Courthouse the day after the ruling, with 40 people protesting the decision.

"It's outrageous," said Kadiotou Diallo, the mother of the slain man. "We don't want our agony prolonged.... We respect the rules, but we ask the DA to appeal this."

Callers to a WLIB radio program right after the decision expressed deep anger and likened this to the trial of the cops who beat Rodney King in California. In 1991 King was brutally beaten by four Los Angeles police officers in an incident captured on video and widely shown on TV. The cops were acquitted in a state trial that was moved to the wealthy Simi Valley area, sparking anti-cop riots in Los Angeles.

The cops and their supporters hailed the decision. Mayor Rudolph Giuliani, who is an undeclared candidate for U.S. Senate, stated, "There was a concerted effort on the part of numerous people to make it impossible to have a fair trial in New York. When you start marching, demanding that people be indicted, when you get out in front of courthouses and demand that people be indicted, that's like the Old West."

The decision was rendered by an all white panel of judges that includes a close personal friend of Burt Roberts, the attorney of one of the cops charged and the lawyer who submitted the motion asking the court for a change of venue.

Despite these moves the outcome of the trial is by no means certain, as a result of the protests mounted demanding justice in this case and others.

Less than two weeks ago Justin Volpe, the New York City cop who tortured Abner Louima with a broom handle nearly two years ago, was sentenced to 30 years in prison for his crime. The police officer convicted with him, Charles Swartz, and two others are scheduled to go to trial on January 3 for conspiring to cover up this act.

The trial of the cops who killed Diallo will also take place in the context of increasing strikes and other actions by workers against attacks on their standard of living by the bosses and the capitalist government around the country. In New York 33,000 transit workers just went through preparations for a possible contract strike, and are still discussing and voting on the proposed settlement. Many of these workers and others support the call for justice for Amadou Diallo.  
 
 
Front page (for this issue) | Home | Text-version home