Subject:  trial details (pt 1) |
Author:
Chris
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Date Posted: 02/22/08 5:49pm
In reply to:
Lori P.
's message, "Geoff in Pittsburgh, PA" on 02/21/08 3:32pm
02/20/2008
Jury seated in Ellerbe civil trial
By Jennifer Harr , Herald-Standard
PITTSBURGH - A jury of six women and four men was seated Tuesday to hear the civil case brought against two state policemen involved in the shooting death of a 12-year-old Uniontown boy.
The panel will hear opening remarks today and begin hearing witness testimony at the federal courthouse in Pittsburgh in the lawsuit brought by Michael Hickenbottom of Uniontown against Trooper Samuel Nassan and Cpl. Juan Curry.
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Hickenbottom brought the suit after the Dec. 24, 2002, death of his son, Michael Ellerbe. Nassan shot the boy in Uniontown's East End section after the child alleged fled from a stolen sport utility vehicle he had crashed. Ellerbe had his hands in his pockets, according to prior testimony, and police were concerned he had a weapon.
When Curry vaulted a fence to continue chasing Ellerbe, Curry had his gun drawn. The weapon caught on the fence and discharged. Believing Ellerbe shot Curry, Nassan shot and killed him.
A coroner's jury, county, state and federal prosecutors examined the case and all cleared the troopers of any wrongdoing.
However, Hickenbottom's attorney, Geoffrey Fieger of Michigan, has alleged in court filings that more than one shot was fired at Ellerbe, and that police are covering up the truth of what happened that day. Pittsburgh attorney Joel Sansone, who also is representing Hickenbottom, alleged in a filing last week that Ellerbe might not have been the driver of the vehicle.
The case before U.S. District Judge Joy Flowers Conti is expected to last through next week.
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