Still Free

Yeah, Mr. Smiley. Made it through the entire Trump presidency without being enslaved. Imagine that.

Monday, February 25, 2008

Sean Bell Watch


"Negro with a gun"


-Anthony L. Ricco, Defense attorney for Gescard F. Isnora


The NY Times reports that:


One lawyer went a step further, implying that Mr. Bell’s actions were motivated by racial stereotype, and he described his client, Detective Gescard F. Isnora, as a hard-working black man whose actions were misread that morning because of assumptions.



“They see a Negro with a gun,” said the lawyer, Anthony L. Ricco, describing the reactions of Mr. Bell, who was black, and his friends to Detective Isnora. “Just another Negro on the street with a gun.”




Anthony Ricco has handed the prosecution a gift in the above statement. Better Mr. Ricco had said what he wanted to; "Just another Nigga on the street with a gun." As far as we know thus far, it was the officers involved who saw Sean Bell and Co., as just another set of niggas in the club with guns. The facts as we know them thus far show that the only Negroes with guns were Isanora and Cooper.


Let's take this line of thought through though. Say that Sean Bell had thought that Isanora was in fact "another Negro with a gun." would then Sean Bell have the right to defend himself, his property and his friends, from said "Negro with a gun?" The NYPD has gotten the approval from an Albany jury to shoot at "Negroes presumed to have guns" (Diallo). If the NYPD is not above the law but instead are bound by the same laws that every citizen is bound to, then Isanora, the gun wielding Negro, was a threat to Sean Bell, who acted in what he thought was his best defense as an unarmed citizen who had done nothing criminal. Let's look at the details as reported by the NY Times again:


The two groups may never have noticed each other if not for a testy exchange between Mr. Bell and another man outside the front door.



Prosecutors said Mr. Bell exchanged words with a man standing near a black sport utility vehicle who had “muttered his unhappiness” that Mr. Bell was drunk “and was overheard,” Mr. Testagrossa said. But he said the conversation never escalated and ended without incident. “Not a single blow was thrown, and no gun was displayed.”



So we have a supposed argument outside the club. Not illegal. Not criminal. No physical altercation nor any signs of any weapons. The Defense claims:


The lawyer said there was talk of guns between the men, and that Mr. Coicou heard one of Mr. Bell’s friends say he had a “gat,” slang for a gun. Such testimony would seem to bolster the detectives’ claims that they heard mention of a gun.



So we should expect Mr. Coicou to testify under oath on that point. it will be instructive to find out exactly what the conversation consisted of since it apparently the lynch pin in the "justification" argument from the defense.


The detectives saw the confrontation and decided to follow Mr. Bell. They have said that they believed some of the men with Mr. Bell were armed.


Stop right here. The "Negro with a gun" followed the "Negroes without guns" because he assumed that the "Negroes had guns" and his defense attorney wants to argue that Sean Bell is the one who made assumptions? Now lets assume that officer Isanora had overheard talk of a "gat." Fine then. The entire point of the stakeout of this particular place was weapons and/or drugs so why not break cover then and there and search Coicou, Bell et al?


Detective Isnora has said that he pinned his police shield to his collar, but Mr. Testagrossa said it may not have been visible to Mr. Bell and his friends, and that rather than shouts of “Police!” witnesses said they heard the detective say, “Yo, let me holler at you.”


So assuming the witnesses accounts to be correct, officer Isanora did not ID himself as an officer but rather said "Yo. let me holler at you."

Let's understand something here. Bell had just had an "argument" with someone and then is followed back to his car by someone he doesn't know, in the wee hours of the morning and is NOT supposed to think that something is wrong? Any black person who has grown up in ANY hood, knows full well that a person who you don't know, who wants to "holler at you" on the street in the early morning, is probably not going to be offering Bible lessons.


Isanora broke protocol by not asking for backup but even worse is that it is apparent that he chose to not break cover and hence rather than ID himself as a police officer AND show his badge, he tried to be "familiar." That was poor judgment on Isanora's part and a breech of protocol with deadly consequences.


By that time, the three men were in the car. Mr. Bell drove forward, striking the detective’s leg before hitting an unmarked van carrying Detective Oliver and another detective, who was not charged in the case. Mr. Bell then reversed, hitting a wall before speeding forward and hitting the van again.



So here we have someone coming up to a car probably yelling "let me holler at you" who may have had his gun drawn or was in the process of drawing his gun. Let me ask you dear citizen: do you sit in your car and let someone with a gun get close or do you take the chance and run his ass down knowing full well you have a legal right to do so since you are in immediate mortal danger?


The fact is, as far as we know, that the only "Negroes with guns" on that night were Isanora and Cooper, who, as far as we know, were not identifiable as police officers.


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