Jan 8, 2008 11:57 am US/Eastern
Cops' Lawyers In Bell Case Don't Trust NYC Jurors
Say Pool Of Potential Jurors Is "Incurably Poisoned"
NEW YORK (AP) ―
The jury pool where three detectives have been charged in the killing of an unarmed man on his wedding day is "incurably poisoned," their lawyers said as they asked an appeals court to relocate the case.
But the Queens district attorney said nothing in the motion filed Monday convinced him that a fair and impartial jury could not be found in the county.
The change-of-venue motion filed with an appeals court notes that the 2006 shooting of Sean Bell in Queens dominated headlines for weeks and "quickly became known as ... 'The 50-Shot Case."'
It argues that because of the publicity, "the well of justice has already been incurably poisoned to such a degree that the defendants will be unable to receive in Queens County (or anywhere else in New York City, for that matter) a fair trial."
The motion relies in part on a private poll commissioned by the defense. Of the 600 prospective jurors questioned, more than 60 percent said they believe the shooting was unjustified, court papers said.
In a statement, Queen District Attorney Richard Brown said he would "vigorously oppose" the request to change venue.
"Nothing contained in the defendants' motion papers changes my belief that a fair and impartial jury can be found among the 2.3 million residents of Queens," Brown said.
Jury selection for the trial of Michael Oliver, Gescard Isnora and Marc Cooper is scheduled to begin Feb. 4. Oliver and Isnora have pleaded not guilty to manslaughter, Cooper to reckless endangerment.
Both sides said it was unclear when the appeals court would rule.
Bell, 23, was gunned down on Nov. 25, 2006, just hours before his wedding, as he left his bachelor party.
The officers were conducting an undercover operation into prostitution allegations at the Kalua Cabaret in Queens, where the party was held.
According to police union officials and defense lawyers, the undercover officers believed Bell and his friends were going to get a gun.
The officers started shooting after a car lurched forward, bumped Isnora and slammed into an unmarked police minivan, authorities said.
Isnora, through his attorney, has said he pulled his gun and identified himself as a police officer before spotting one of the men making a suspicious move in the car.
Isnora squeezed off 11 shots, Cooper fired four times and Oliver fired 31 shots -- including the one that killed Bell.
Bell's friends Trent Benefield and Joseph Guzman survived serious wounds and have claimed the officers fired without warning. They have adopted the Rev. Al Sharpton as an adviser.
Sharpton said Monday he wants the survivors to consider refusing to take the witness stand at any trial outside Queens "because it would make a mockery of the criminal justice system."
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