Subject:  Re: trial details (pt 2) |
Author:
Chris
|
[
Next Thread |
Previous Thread |
Next Message |
Previous Message
]
Date Posted: 02/22/08 5:50pm
In reply to:
Chris
's message, "trial details (pt 1)" on 02/22/08 5:49pm
02/21/2008
Jurors hear opening arguments in Ellerbe case
By Jennifer Harr , Herald-Standard
In his opening remarks to a federal civil jury on Wednesday, the attorney for the father of a fleeing 12-year-old boy shot by state police claimed the troopers involved offered a "mind-boggling" and "ludicrous" version of events.
But Andrew K. Fletcher, attorney for Trooper Samuel Nassan and Cpl. Juan Curry, characterized the events leading up to Michael Ellerbe's Dec. 24, 2002, death with different adjectives: "rapid, tense, unpredictable, defiant."
Advertisement
Through the course of the trail, held in federal court in Pittsburgh, jurors will have to determine what better describes the day's events. That will determine if Ellerbe's father, Michael Hickenbottom, will win a jury verdict in the excessive force lawsuit he brought against the troopers.
Jurors heard openings from both sides Wednesday morning, and will continue hearing testimony for the next two weeks. Attorney Geoffrey Fieger, who represents Hickenbottom, told jurors that their decision would be easy, alleging that the troopers changed their stories, and claiming that witnesses saw more than one person in the stolen vehicle police said Ellerbe was driving before he fled.
But before the Wednesday afternoon recess, jurors heard the tape of Nassan, who shot Ellerbe in Uniontown's East End after Curry's gun accidentally discharged, calling into the barracks for help.
"Call an ambulance, I shot him. Get an ambulance here quick," Nasaan, his voice wavering, is heard telling a dispatcher.
Police have said Curry's gun caught on a fence he was trying to get over while chasing Ellerbe, but Hickenbottom's attorneys have said they do not believe that claim.
"They are not permitted to shoot a child in the back who is running away from them," Fieger said.
Fieger said former state police Sgt. James Baranowski would testify that he felt something was amiss with the version of events recounted by Nassan and Curry. Baranowski has a separate, wrongful termination lawsuit filed against state police, claiming that he was forced to retire after he voiced concerns that something was wrong with the investigation surrounding Ellerbe's death. Police attorneys have countered that he had several infractions in the final years of his employment.
"This isn't an outrageous case. It's a heartbreaking case," Fletcher said.
Citing police procedures, Fletcher said Ellerbe was a fleeing felon whom Nassan believed had shot his partner - but said that the shooting did not occur simply because Ellerbe had his hands in his pocket.
Fletcher argued that Nassan shot Ellerbe because "he believed that the suspect (Ellerbe) had shot Curry."
He asked jurors to consider the perspective of the police involved.
As Curry tried to get over the fence to continue chasing Ellerbe, Fletcher said his pants got caught on the fence and his gun got caught as well, firing.
Believing Curry had been shot as he slid down the side of the fence, Fletcher argued that Nassan took steps to stop the action. Since the shooting, Fletcher said neither police officer changed his story.
"Sam Nassan does not - and never has - denied he shot Michael Ellerbe. It was an awful day for him, but he's never shied away from it. He's never changed his story," Fletcher said.
Shouting, he illustrated how Nassan and Curry yelled at Ellerbe to stop, and said when Nassan heard the shot, and believed his partner had been shot - took action to stop Ellerbe.
Between the stop of the truck the defense alleges Ellerbe was driving, and the shooting, Fletcher said it took about 90 seconds.
"This is real life," Fletcher said. "(Nassan) believed he was sure that the suspect shot his partner."
Melvin Duley, 15, of Uniontown told jurors that he watched the chase from the window of his Cleveland Avenue home.
Duley testified that he never saw Ellerbe put his hands in his pocket, but several other portions of his testimony were in conflict with prior statements he gave to police and other investigators associated with the case.
Under cross-examination, Duley indicated he never saw either trooper pull out a weapon, and indicated that he never watched either Curry or Nassan fire.
However, in his deposition for the case, Duley testified that he watched curry hop the fence and pull his gun out before firing three shots at Ellerbe.
Duley said that he and his family formerly had a sign in their house window critical of the Uniontown Police Department, but under questioning, his mother Elsie Cornish testified that the UPD sign in her window could have been representative of anything - including a religious organization.
Angela Lee, 35, of Uniontown testified that the stolen Bronco and the police car stopped outside her home. She said that it appeared that both Curry and Nassan got out of the police car, and had their guns drawn.
After the pursuit stared, she testified she heard one gun shot, followed several second later by two more back-to-back shots.
The trial will resume Friday before U.S. District Judge Joy Flowers Conti.
[
Next Thread |
Previous Thread |
Next Message |
Previous Message
]
| |
Feedback: 
