Siff's Blog: What To Look For Next

April 28, 2008 1:36 p.m.

With the trial over, I felt it's time to offer a final blog on this subject-- for now. I say 'for now', because clearly, while the trial is over, the story is not.

As most following the case know, supporters of Sean Bell's family are pushing for a federal indictment against the acquitted police detectives, on the grounds they violated Bell's civil rights.

But it's worth noting, at least initially-- the chances of actually getting a new indictment seem slim. Why? Well, Anthony Ricco, attorney for Detective Isnora, was asked about that on Friday. He said in his decades of legal experience, he hasn't seen the Feds step in aggressively following such a sweeping not-guilty verdict by a State Supreme Court judge. Indeed, Ricco is hardly impartial on this subject, but it is true that the now-begun Federal inquiry will consider what Judge Cooperman wrote before clearing the police: that prosecutors hadn't even come close to meeting their burden of proof.

More likely, those looking for justice in the name of Sean Bell will have to rely on two other venues: the 50 million dollar civil case against the City and NYPD, and the Police Department internal trial to determine if the officers are guilty of misconduct. The standard for violating police procedure-- as opposed to the law-- is much lower, and depending on what the police commissioner decides, could lead to permanent desk duty for the officers involved, if not outright termination.

April 25, 2008, 12:51 p.m.

Three and a half hours after Judge Cooperman cleared the police of all criminal charges, the day's events continue to unfold.

Minutes from now, we expect to hear for the first time from the three men found not guilty: Michael Oliver, Gescard Isnora and Mark Cooper.

I have taken the E train (45 minutes) for the news conference at the Detectives Union HQ in Lower Manhattan.

For those who didn't get to see the Queens District Attorney's office briefing: what struck me was Charles Testagrossa, lead prosecutor in the case, echoing the words of one of his witnesses when asked about whether this case was "unwinnable." Testagrossa said, "it is what it is."

He also called the Bell Trial the hardest he had ever tackled in three decades as a lawyer.

April 25, 2008, 9:20 a.m.

Officers accused in the shooting death of Sean Bell have been found not guilty of all charges.

April 24, 2008 1:23 p.m.20 hours until the verdict.

Nothing has really changed except the spin--with supporters of Bell's family vowing to seek a Federal indictment if the detectives are acquitted, and the Detectives Endowment Association announcing an afternoon news conference tomorrow, assuming there *is* an acquittal.

One thing's for sure: I wouldn't want to be Judge Arthur Cooperman. Imagine being 74 years old, in the twilight of a distinguished career, and now you're handed a case that will-- fairly or unfairly-- define a large part of your legacy. It should help all involved that Cooperman's reputation is a no-nonsense interpreter of the law. He has ruled in the past both for and against police officers. He didn't do anything throughout the trial to indicate which way he's leaning *except* perhaps: when he gave Detective Isnora's lawyer, Anthony Ricco, a little more latitude for theatrics than one might expect; and, when he showed some exasperation with Assistant DA Charles Testagrossa's seemingly endless list of photo exhibits.

Tomorrow should end the trial but not the case; barring a full-on conviction Bell's family lawyers will ask the U.S. Attorney's office to consider civil rights charges, and then there's an internal NYPD review to determine if the officers are guilty of misconduct. And of course, the 50 million dollar civil suit against the city and NYPD. The aftermath of the 50 shots case will linger for months-- if not years until that case is settled.

April 23, 2008, 10:00 a.m.

As Sharpton and the Bell family gathered on the steps of city hall two minutes before 10 a.m, seemingly by coincidence (but more likely coordinated)....Mayor Bloomberg walked out, exchanged some warm words with Sharpton and Nicole Paultre Bell, and then walked on with his aides. What was said was out of earshot of our cameras.....

April 22, 2008, 4:00 p.m.

Justice Arthur Cooperman has rejected an application for an audio feed from the courtroom for the verdict. There will be NO VIDEO or AUDIO in the courtroom. Sketch artists and trusty notepads only.

April 22, 2008, 1:30 p.m.

The verdict is less than 72 hours away, and the public posturing has begun. An attorney for the South Jamaica chapter of the NAACP is already calling for a federal prosecutor. Another group has planned a "protest" for Friday at 5:30 p.m., even though no one knows what the verdict will be! And tomorrow, the Rev. Al Sharpton will stand with the shooting victims on the steps of City Hall. All the while the Detectives Union, which was vocal throughout the trial, has expressed quiet confidence in Judge Arthur Cooperman.

What to make of all these angles? It would seem that lots of factions want the judge's attention. They want him to know- as though he didn’t already- that his decision from the bench won't be the final word on the subject.

April 16, 2008, 6 p.m.

A lot of people have been wondering if the detectives will face prison time if they are convicted. The answer depends on the counts in the indictment. The top counts mean mandatory time behind bars. The lesser charges could lead to probation. Here's the list of the possible punishments, courtesy of the Queens District Attorney's Office:

Manslaughter 1 is a B felony punishable by up to 25 years in prison.

Manslaughter 2 is a C felony punishable by up to 15 years in prison.

Assault 1 is a B felony punishable by up to 25 years in prison.

Reckless Endangerment in the first degree is a Class D felony punishable by up to 7 years in prison.

Reckless Endangerment in the second degree is a Class A misdemeanor punishable by up to 1 year in jail.

The B felonies (first-degree manslaughter and assault) carry a mandatory minimum sentence of 5 years in prison. The minimum sentence on the other charges can be probation.

April 15, 2008, 6:06 p.m.

Since I started covering the Sean Bell trial nearly two months ago, lots of people have asked me: What's going to happen? Predicting the outcome of a jury trial is hard enough. Predicting the thought process of one man -- 74-year-old Justice Arthur Cooperman, a respected jurist -- is another. One thing's for sure: Unlike a jury, Cooperman won't need anyone to explain the law to him, or to read back testimony. He has all of the exhibits and evidence in his chambers.

As for what to expect, well, it's important to remember it's an eight-count indictment that reads as follows:

The People of the State of New York vs. Michael Oliver, Gescard Isnora and Marc Cooper

Count 1: Manslaughter in the First Degree -- Oliver and Isnora

Count 2: Manslaughter in the Second Degree -- Oliver and Isnora

Count 3: Assault in the First Degree -- Oliver and Isnora

Count 4: Assault in the First Degree -- Oliver

Count 5: Assault in the First Degree -- Isnora

Count 6: Reckless Endangerment, First Degree -- Oliver, Isnora and Cooper

Count 7: Reckless Endangerment, Second Degree -- Cooper

Count 8: Reckless Endangerment, Second Degree -- Oliver

From my courtroom seat, it would seem that prosecutors had a particularly tough bar to reach when it comes to the manslaughter counts. But the Queens district attorney contends Oliver and Isnora fired out of rage when Bell drove into Isnora. The defense insists Bell was using his car as a battering ram.

The assault charges against Oliver and Isnora relate to the wounding of shooting victims Trent Benefield and Joe Guzman. Some courtroom observers believe Oliver is especially vulnerable on this charge if the judge believes the prosecution's theory that Benefield was shot while running away. But if the Judge believes Isnora's contention that he thought Guzman was a threat, and acquits him of manslaughter, he also is unlikely to convict Isnora of assault.

The reckless endangerment charges would seem to be where prosecutors have their best chance at a conviction. The number of bullets -- 50 shots -- is what prompted Mayor Michael Bloomberg to call the shooting "unacceptable" in the days following, and indeed, was central in the Queens DA's office securing an indictment. Detective Marc Cooper didn't hit anyone with his four shots, but one of his bullets entered the Air Train terminal. One of Oliver's shots pierced the lampshade in a family's living room. But the defense counters those bullets may have been ricochets -- barely missing the intended target of Bell's Altima.

So what will happen? Only Cooperman knows, and his decision is still 10 days away.

April 14, 2008, 11:22 p.m.

With closings done, Justice Arthur Cooperman has officially set Friday, April 25 at 9 a.m. for the verdict. He will announce his decision on the eight-count indictment from the bench.

April 14, 2008, 4:05 p.m.

Assistant District Attorney Charles Testagrossa is two hours into his impassioned summation.

"What we do not give our officers," he said, "is a blank check -- the right to use deadly physical force without justification ... they have an obligation to stop using deadly physical force as soon as they can safely do so."

Testagrossa, his voice rising, continued, "The defense would have you believe the number of gunshots is irrelevant. ... The force was excessive. Well beyond any need to defend others and themselves."

In another blistering remark, he mocked the defense's claim that Isnora is a decent, well-intentioned man.

"The road to hell is paved with good intentions," said Testagrossa. "But if good intentions led to this ... then he's not cut out to be a police officer."

April 14, 2008, 1:10 p.m.

In his one hour-fifteen-minute summation, attorney James Culleton relied on Michael Oliver's grand jury testimony, reminding the judge that Oliver said he'd feared for his life. Culleton also said the barrage of bullets only lasted 12 seconds. Culleton said: "Should he have ducked? Looking for an imaginary turret light? Or should he have come to the aid of a fellow police officer whose life he believed was on the line? What was the crime he committed by doing that?"

Culleton echoed the other attorneys' acknowledgment of Bell's family when he said: "This is a very sad case. I don't believe a mother and father should have to bury their child. It's a sad case. But no crime was committed, judge."

April 14, 2008, 11:35 a.m.

Ricco is done after a powerful, 90-minute close.

He described Isnora as a quiet, dignified police officer who displayed his badge and identified himself before firing the night of Nov. 25, 2006.

Ricco repeatedly referred to the people in the gallery, including Bell's family, as not wanting to hear the truth.

And Ricco -- as Paul Martin had done before -- essentially blamed shooting victim Joe Guzman for the entire incident.

"He cheerleaded and directed his young friend to use that car like a battering ram and run a New York City police officer into the street," Ricco said. "They tried to kill the guy."

Ricco did try and soften his words occasionally. Of Sean Bell, he said, "From what I can see, he was a beautiful young man, hanging with the wrong crowd. This was a terrible thing. No parent should have to go through what the Bell family went through."

James Culleton, attorney for Michael Oliver, is about to begin.

April 14, 9:58 a.m.

Paul Martin, attorney for Mark Cooper, finished is 45 minute close. He said, "your honor, it's time for some truth. It's time for some light for the people of Queens County. The prosecution did not prove their case."

He added, "think about the precedent the DA is trying to set ... what they're saying is don't take your gun out at all until you're in the country. That's ridiculous."

Martin defended Cooper's firing four shots, one of which hit the air train. "He was aiming at a target where he believed the gunfire was coming from -- he responded appropriately."

Anthony Ricco, attorney for Isnora, has just begun.

April 14, 9:04 a.m.

The defense has begun, with Cooper's lawyer first.

April 14, 8:41 a.m.

Good morning once again from Queens.

Thanks to my friend and colleague Tim Minton for handling week 7 of the proceedings.

Attorneys Monday will deliver their closing arguments, and the courtroom is expected to be packed to capacity. The Rev. Al Sharpton just arrived with Nicole Paultre Bell, and court officers are policing who sits where more judiciously than usual.

As of late last night, the defense hadn't settled on its order, although I expect it to be Anthony Ricco for Isnora, followed by James Culleton for Oliver, then Paul Martin for Cooper -- which would correspond to the timeline of events. In terms of drama, however, Ricco could go last. He also faces perhaps the toughest burden -- explaining to judge Arthur Cooperman, who is hearing this case without a jury, why Isnora fired his gun in the first place.

Sunday, April 13, 11:41 a.m.

Attorneys in the 50 Shots case deliver their summations Monday at State Supreme Court. This time, unlike opening statements, the defense goes first. Most likely, the three defense lawyers will eat up most of the morning, and prosecutor Charles Testagrossa will sum up after lunch.

Thursday, April 10, 2:34 p.m.

Judge Arthur Cooperman has denied a defense motion to dismiss charges against three detectives accused in the Sean Bell "50 shots" case.

Court adjourned until closing arguments Monday, April 14 at 9 a.m.

Thursday, April 10, 1:33 p.m.

Judge Arthur Cooperman has reserved decision on defense motions to dismiss and asked the parties in the Bell case to return at 2:15 p.m. It is expected that he will quickly (and briefly) rule at that time on those motions, and it's expected by both sides that he will not dismiss the charges.

The effect would be to send the case to the "trier of fact" -- in this case the judge himself -- for a verdict.

But first, closing arguments scheduled to start Monday at 9 a.m.

-- Tim Minton

Thursday, April 10, 10:44 a.m.

Assistant Queens District Attorney Charles Testagrossa has informed Judge Arthur Cooperman that the prosecution rests without presenting a rebuttal case.

Testimony in the 50 shots case is therefore over.

A defense attorney is now making a routine motion for dismissal, arguing that prosecutors have failed to present evidence that even if accepted in its "most favorable light for the prosecution" would not prove the case.

-- Tim Minton

Thursday, April 10, 10:37 a.m.

Attorneys for detectives Michael Oliver, Gescard Isnora and Marc Cooper have informed Judge Arthur Cooperman in open court that the defense rests after calling six witnesses, none of whom were the defendants.

The declaration was preceded by an agreement by both sides to give the judge grand jury transcripts and notes taken by prosecutors and police during the investigation, which serve to clarify inconsistencies in witness' statements. Several witnesses, including victims Trent Benefield and Joseph Guzman, contradicted earlier statements with their testimony during the trial.

Oliver and Isnora are charged with manslaughter in the killing of Sean Bell as well as assault and reckless endangerment. Cooper is charged with reckless endangerment.

Closing arguments in the 50 shots/Bell case are expected Monday at the Kew Gardens courthouse.

-- Tim Minton

Thursday, April 10, 9:35 a.m.

Good morning once again from courtroom 190 in Kew Gardens, where the proceedings should get underway within minutes.

Expected today: The defense will formally rest without calling the defendants to the witness stand in the trial (all three did testify under oath before a grand jury and that testimony was read into the record during the prosecution case).

Also anticipated, motions by defense attorneys to dismiss the charges against detectives Michael Oliver, Gescard Isnora and Marc Cooper due to lack of evidence. Judge Arthur Cooperman, says a court source, will reserve judgement on those motions without ruling on them.

Oliver and Isnora are charged with manslaughter, assault and reckless endangerment. Cooper is charged with reckless endangerment.

Waiting on a start with three of nine attorneys not yet in place.

-- Tim Minton

April 8, 2008, 3:23 p.m.

The "50 shots" case has adjourned for the day. The defense ended by playing the full approximately 12-minute-long audio tape of Trent Benefield being interviewed by detectives at Mary Immaculate Hospital less than three hours after he was shot.

Portions of that tape were played last week when Benefield testified.

The significance is that Benefield insisted in his sworn testimony in court that he "made up" the statement in the hospital. Back then, on Nov. 26, 2006, Benefield told investigators that Bell's car had bumped foward, then back, then forward, hitting a police van twice. All before shots were fired.

On the stand last week Benefield testified he'd "made all that up." The defense believes that any reasonable person (e.g. Judge Arthur Cooperman) would find it hard to accept that Benefield, shot and shocked, would have been able to concoct such a detailed statement -- a statement that is supported by forensic evidence not available until months later.

Attorneys for Detectives Michael Oliver, Gescard Isnora and Marc Cooper have informed Cooperman that the defense has no additional witnesses. The defense expects to formally rest when the trial resumes Thursday morning. That will be preceded by legal motions.

-- Tim Minton

April 8, 2008, 1:24 p.m.

At the lunch break, it appears there could be just cross-examination of a defense ballistics expert remaining before both sides rest.

Before recessing, James Gannalo, a former NYPD firearms division detective, testified that five bullets that had landed away from Sean Bell's car had been deflected and ricocheted to where they stopped. This is significant because it could undercut prosecutors' charges of reckless endangerment against all three detectives on trial.

A defense attorney told reporters that Gannalo is 95 percent likely to be the last defense witness. But he said it wasn't certain.

What does seem certain is that Michael Oliver, Gescard Isnora and Marc Cooper have decided not to testify at the trial. They did testify under oath before the grand jury that ultimately indicted them and that testimony was read into the record during the prosecution case.

Schedule:

Today: Court resumes at 2:15 p.m. with cross-examination of James Gannalo.

Wednesday: No court.

Thursday: Likely to be legal arguments involving the law that will govern Judge Cooperman's verdict.

Friday: Probably no court.

Monday (April 14): It appears closing statement will be scheduled to start at 9 a.m., but that has not yet been set.

-- Tim Minton

April 8, 2008, 9:25 a.m.

Good morning from Kew Gardens where defense criminalist Alexander Jason has returned to the witness stand for cross-examination. This should last at least two hours.

Expected later: the sixth and likely final defense witness, a ballistics expert.

Significant drama NOT anticipated today in court.

-- Tim Minton

April 7, 2008, 2:52 p.m.

The Bell case is done for Monday. Two more witnesses testified for a few minutes each, both friends of Det. Gescard Isnora, both saying that Isnora has always been a "peaceful man."

They were witnesses 54 and 55 in a trial that appears to have just one witness, a defense ballistics expert, remaining. Also tomorrow: cross-examination of today's main expert, criminalist Alexander Jason.

The defendants appear very unlikely to testify in this trial, based on comments Monday by their attorneys and union president.

One additional highlight from Jason's testimony early Monday afternoon: He said that Trent Benefield was shot while in Bell's car. This flatly contradicts Benefield's own testimony last week and his earlier statements to police that he was shot while running away from the scene.

Jason relied on location of bullet holes in Benefield's pants and blood stains on car seats to reach his conclusion.

Schedule ahead:

Tuesday 4/8 -- Cross-examination of Alexander Jason, which could be a little combative. Also scheduled is cross-examination of the ballistics expert, which figures to be bland and relatively brief.

Wednesday 4/9 -- No court.

Thursday 4/10 -- Probably legal motions and discussion of the law that governs the charges in this case (called a charge conference when there is a jury).

Friday 4/11 -- Looking like there will be no court.

Monday 4/12 -- Closing statements and the start of verdict standby. In all likelihood, the verdict will be scheduled in advance and probably will not come before Tuesday morning.

-- Tim Minton

April 7, 2008, 1:05 p.m.

The Bell case WILL continue this afternoon at 2:00 pm and go through the afternoon. The defense will be calling witnesses "out of turn" to fill the lull otherwise left by the lack of cross-examination of an expert witness.

Alexander Jason testified for almost two hours on direct examination. Jason, a shooting reconstruction expert from California, who's done work for police departments, prosecutors, the FBI and the State Department, is being paid $250 per hour by the defense in this case.

Jason testified that with scientific certainty:

Shots from OUTside the Bell car would have caused glass from car windows to fly both in and out of the car. It's called the "blowback effect" and can lead someone to believe that shots are coming FROM a car when the only shooting is toward the car.

Oliver's 31 shots could have been fired in under 12 seconds, including time to reload.

The bullet that hit an AirTrain station could have ricocheted off a car or been fired by a gun that was only slightly elevated. That's because the distance -- 250 feet -- was far enough that a small elevation would have led to substantial change in height of the bullet at the other end.

One bullet that landed in the Bell car's radiator had to have been fired after the car had already crashed and deformed the hood (because there's no hole in the hood). The defense says that supports the contention that Bell crashed into a police van twice, ignoring commands to stop.

A bullet prosecutors say was stopped by a lamp shade in a nearby apartment was travelling with too much force to have been stopped by a lamp shade. We may get more on the significance when a detectives union news conference happens after the break.

There's no indication so far that this afternoon's unscheduled witnesses will be dramatic. Indeed, prosecutors might well have objected to the request to call "out of turn" witnesses with essentially no notice if they were meaningful.

-- Tim Minton

April 7, 2008, 9:44 a.m.

Defense calls "ear witness" Nelson Rafael at 9:38 a.m.

No indication yet on reason for delay.

April 7, 2008, 9:32 a.m.

So much for the reputation of crisp 9 a.m. starts. Apparently I've brought some of the Nixzmary delay contagion with me from Brooklyn.

Whatever the reason -- we don't know yet -- all attorneys have been engaged in a rare bench conference since 9 a.m. (now 9:30 and continuing).

At times it has appeared spirited with exchanges between Isnora's defense attorney Anthony Ricco and lead prosecutor Charles Testagrossa. It's the kind of sidebar debate that is routine in most trials, but not in this one.

More to come when the significance reveals itself. In any event, we are on hold for defense witness No. 2.

-- Tim Minton

April 7, 2008, 9:05 a.m.

Good morning from the Kew Gardens courthouse. This is Tim Minton substituting for Andrew Siff and reporting from courtroom 190.

The headline Monday may be the continuing unlikelihood that ANY of the accused detectives will testify in their own defense (beyond grand jury appearances that were read into the record during the prosecution case).

Expected on the stand today three defense witnesses:

1. A ballistics expert

2. A reenactment expert

3. An "ear witness" who heard commotion and shouting but couldn't hear exactly what was being said.

Justice Arthur Cooperman is on the bench for a crisp 9 a.m. start.

-- Tim Minton

April 4, 2008, 10:45 a.m.

There's no court today in the Sean Bell case, as Justice Arthur Cooperman continues a quirky administrative schedule -- alternating Fridays and Wednesdays off. Next week, the defense plans to call several expert witnesses, to establish among other things:

that ricochets can't be measured

that 50 shots can be fired in seconds

that 'ear witnesses' heard police commands.

And one other note. When the trial began on Feb. 25, with a predicted duration of ten weeks, I knew that week 7 would require me to miss four days of the case due to my own scheduling conflict. Fortunately, News 4 New York viewers and readers of this blog will get to rely on a superb reporter in my absence: Tim Minton. You can look for Tim's courtroom updates in this space.

See you back on the blog on April 14.

April 3, 2008, 1:49 p.m.

Week 6 of this trial is over.

Officer Michael Carey was a very effective -- and well-prepared -- witness for the defense. Assistant District Attorney Charles Testagrossa's attempts to rattle Carey on cross-examination did not succeed. The only concession he obtained was Carey's admission that he did not identify himself as an officer and he did not display his shield.

But Carey insisted Isnora did shout police commands. Carey also said he didn't fire at a running Trent Benefield because he was not a threat. That raises the question of why Detective Oliver fired at Benefield. That might mean Oliver will have to testify and explain himself. Court resumes Monday with forensics experts.

April 3, 2008, 1:12 p.m.

Court is done until Monday 9 a.m. Carey finished faster than expected.

Details on cross examination coming soon.

April 3, 2008, 11 a.m.

Michael Carey has been on the stand for nearly two hours. He's been calm and precise, although he appears to be somewhat coached -- not uncommon for a key witness who's prepped for hours with lawyers.

Here's how he described the incident: He said Detective Gescard Isnora "had his gun in his hand, and he was yelling, 'Police! Show your hands! Show your hands! ... The Altima then came forward at the fastest rate it could from a parked position. ... It hit Isnora in the leg and he fell back in an awkward manner."

Cooper then said Bell's Altima raced forward, hit the van he was riding in, backed up and smashed into a gate, and then went forward again.

"I still heard Detective Isnora yelling police commands. ... I believed there was no possible way the people in the car would try to make any further actions."

But instead of what Carey called "an easy escape route," the Altima hit the van again. That's when he said Isnora yelled, "He's got a gun! He's got a gun!"

Carey said, "I stepped out, took aim towards the passenger and fired three rounds through the windshield. I noticed Detective Isnora was walking close to my line of fire so I lowered my gun and stopped firing at that point."

As to why he fired: "I believed the front passenger had a gun and was firing back at us." Carey said he didn't identify himself before firing because "I didn't feel that a verbal command would have any impact on the situation."

He said when he walked up to the Altima after the shooting, he thought both Bell and Guzman were dead.

Carey also said Isnora had his shield clipped to his sweatshirt, something the defense tried to prove Thursday by introducing exhibit OO -- a photo from the Daily News.

As for Oliver, despite firing 31 shots, Carey praised him. "Detective Oliver was running back to our van. ... He ran back to the car and was already calling 10-13, we need an ambulance. I was impressed he was so forward thinking."

He said Gescard Isnora is a "competent" undercover who was being "assaulted" by the Altima. "My life or one of the other officer's lives was in jeopardy," Carey said.

April 3, 2008, 8:46 a.m.

Police Officer Michael Carey arrived at the State Supreme Court building accompanied by his PBA delegate and the union president, Pat Lynch. We can expect to hear from the soundbite-friendly Lynch during the lunch recess or at the end of Carey's testimony.

April 3, 2008, 8:23 a.m.

Good morning. Before my usual morning update, one note: Despite a published report to the contrary, the defense has NOT decided whether the defendants will take the stand at the end of the trial. It is a fluid situation, and remains very possible that Detectives Oliver and Isnora, both charged with manslaughter, will testify. It is certainly less likely than it was before prosecutors read their grand jury testimony into the record. (Detective Mark Cooper, charged only with reckless endangerment, will not testify.)

Prosecution Rests

Shooting Witness: Detective Yelled 'Police!'

On Thursday, police officer Michael Carey is the first defense witness. He fired three of the 50 shots, but was not charged with a crime. He was in the prisoner van with Michael Oliver when it collided -- twice -- with Sean Bell's car.

Wednesday, April 2, 12:11 p.m.

The prosecution rested its case at 12:09 p.m.

Wednesday, April 2, 11:23 a.m.

Trauma surgeon Albert Cooper testified that a bullet-riddled Joe Guzman had life-threatening injuries and would have died without emergency surgery. He said that when a wounded Guzman was wheeled into the emergency room of Mary Immaculate Hospital on Nov. 25, 2006, "He was telling me in a mumbling voice that he wants to live and that I should help him to live."

Cooper also clarified the number of times Guzman was shot. At least 13 -- because seven bullets remained in his body and six appeared to pass through, forming entry and exit wounds. So, it is accurate to say Guzman was shot at least 13 times and sustained 19 gunshot wounds.

Guzman's $50 million civil suit against New York City and the NYPD likely got a boost when Cooper said his leg and nerve damage is "probably a permanent injury."

Cross examination of the doctor will begin shortly.

Wednesday, April 2, 8:39 a.m.

Good morning. On day 23, in the 6th week of this trial, the prosecution will rest its case today against Detectives Michael Oliver, Gescard Isnora and Mark Cooper. Oliver and Isnora are charged with manslaughter, and Cooper with reckless endangerment in the death of Sean Bell.

The 50th and final witness is Dr. Albert Cooper, a surgeon who saved shooting victim Joe Guzman's life.

The defense will begin its case tomorrow.

Tuesday, April 1, 3:13 p.m.

Court is done for the day.

The prosecution's 50th and final witness, Dr. Albert Cooper, is scheduled for Wednesday morning.

The defense will likely begin its case Wednesday afternoon.

Tuesday, April 1, 3 p.m.

Guzman is done testifying after a total of nearly 5 hours on the stand. The afternoon cross from Cooper's lawyer Paul Martin was comparatively anticlimactic. Guzman remained defiant, however, especially when Martin asked if his denial of ever saying, "Yo, get my gun" was part of the "movie" version of what happened.

Guzman responded, "They find one? Fourth man, huh." That was a reference to the police claim in the days after the shooting that a fourth man was seen running from Bell's car.

Tuesday, April 1, 1:05 p.m.

Lunch recess. For the last hour or so, some of the most dramatic cross examination I've ever seen in 17 years covering court cases. Defense attorney Anthony Ricco grilled Joseph Guzman, implying that his entire testimony was made up. Guzman was defiant, taunting Ricco, referring to Detective Gescard Isnora as "that kid."

Ricco asked Isnora to stand. Guzman said, referring to the defense table, "I gotta abide by the law, but I don't have to respect nobody on that side as a man."

He was asked if he carried a gun when he sold drugs back in 2002. "Do I look like I need protection?" Guzman said.

The packed gallery oohed and aahed. Judge Arthur Cooperman ordered silence. "You're not watching television, ladies and gentlemen!" he said.

Tuesday, April 1, 11:22 a.m.

Joseph Guzman has been on the stand for about two hours. It's dramatic stuff. Unlike the slight and soft-spoken Trent Benefield, Guzman is big and bold, and has repeatedly parried defense lawyer James Culleton's questions with defiance. At one point, Culleton prefaced a query by saying, "Correct me if I'm wrong." Guzman interjected, "I will."

When he first entered the courtroom, Guzman walked with a cane, in a blue suit and striped tie. He smiled at Sean Bell's family. On the stand, at one point he removed his tie and pulled back his shirt to show the judge his bullet wounds -- he was shot 16 times the night of the incident. He has also glared in the direction of police.

As for his testimony, it was pretty riveting:

"'S' was pulling out, a minivan comes on the same side of the street we're on, and we hit the front ... that's when I see him ... a black male, silver gun. He was standing by the front windshield ... on my side, the passenger side of the vehicle ... he had blue pants, a fleece and that silver gun."

"When he shot me it slowed down. Everything was in slow motion at the time ... he's continuing to shoot me. I'm like, 'S, let's go! This is not a robbery, they're trying to kill us.'"

"My arms was out the window. It was the steering wheel, me -- and then S. Sean was under me. There wasn't much left. I said, 'I love you, Son.' He said, 'I love you, too.' And he stopped moving. Stopped talking."

Guzman also said he was more of a peacemaker than an instigator in the exchange with SUV guy. When prosecutor Charles Testagrossa asked Guzman if he ever boasted, "Yo, get my gun," the witness scrunched his face as though he didn't hear the question.

"Say that again?" he said.

"Did you say, 'Go get my gun.'?"

Guzman replied, "No."

Testagrossa continued, "Did you use any slang for gun, like 'gat' or 'burner'?" Again, Guzman said, "No."

Tuesday, April 1, 8:46 a.m.

Good morning. The trial's 49th witness -- on day 22 -- is Joseph Guzman. He survived 19 gunshot wounds the night of Sean Bell's bachelor party.

We can expect a slightly longer day than Monday's surprisingly short testimony from Trent Benefield. The reason? Guzman was not only a passenger in Bell's bullet-riddled car, but he was also a key participant in the now infamous altercation Bell had with an SUV driver outside the topless bar. Several police witnesses, including defendant Gescard Isnora, claim Guzman said, "Yo, go get my gun," moments before the shooting. If police indeed heard that remark, as the defense maintains, it might explain why they thought Guzman was reaching for a gun inside Bell's Altima, when in fact, he was unarmed.

By the way, Guzman is NOT the prosecution's final witness. That is Dr. Albert Cooper, set to testify tomorrow that Guzman nearly died from his injuries.

One other note: for weeks the detectives union has boasted the officers would take the stand in their own defense. Monday, union chief Mike Palladino said they're re-thinking that strategy because the prosecution has been "weak."

Monday, March 31, 1:25 p.m.

Court is done for the day after Trent Benefield's 3½ hours on the witness stand. It was surprisingly brief, as defense attorneys cut short their questioning after they believed they had undermined his credibility.

The most significant admission: Benefield said he "made up" his hospital account to police that Bell's car went back and forth, hitting several cars. In court today he said he only recalled one collision.

After court, the Detectives Union President Michael Palladino sarcastically called Benefield a "tremendous defense witness."

But Michael Hardy, Benefield's lawyer, said the defense questions went beyond the bounds of decency.

Monday, March 31, 11:02 a.m.

Trent Benefield has been on the stand since 9 a.m., and so far, defense attorneys have portrayed him as a stoned alcoholic with a bad memory.

First, in a brief, 49 minutes of direct testimony, he said that the man we now know to be Det. Jesse Isnora approached Bell's car suddenly.

"I saw a man come up to the front window, closer to the passenger side ... he had a gun pointed at Sean."

Q: Did you notice anything about him that would let you know who he was?A: No.

"Joe told S to go...he started to drive ... I felt a collision ... I covered my face up...."

Q: What was the next thing you heard after the collision?A: A lot of shots ... I opened the door and jumped out ... started running...Q: What happened as you ran down the block?A: I got shot again ... my right thigh.

Cross-examination from Det. Michael Oliver's lawyer, James Culleton, began at 9:50 a.m. Culleton got Benefield to admit he has smoked marijuana daily for 6 years. He also concedes being drunk the night of the bachelor party, with a blood alcohol of .11.

Monday, March 31, 9:02 a.m.

Trent Benefield has just taken the witness stand.

Monday, March 31 8:44 a.m.

Good morning from State Supreme Court in Queens. Day 21 of the Sean Bell trial figures to be the most intense so far. Shooting victim Trent Benefield is expected to take the stand at 9 a.m. (Benefield arrived at the courthouse before 8:30. There's no sign yet of Joseph Guzman, who will likely testify tomorrow, but prosecutors left open the possibility he would go first.) Benefield is key to the prosecution's case because the DA's office maintains that police continued to shoot at him after he left Bell's car, and that one of Det. Oliver's wayward shots crashed into a neighbor's living room. There is some buzz in court that if Benefied and Guzman are not extremely credible, the defense may compress its case, NOT call the detectives and let their grand jury testimony stand on its own. That seems doubtful. Two defense lawyers here told me last week that the Judge likely wants to hear the officers speak for themselves.

Friday, March 28, 10 a.m.

The current witness, NYPD trajectory expert Michael Cunningham from the Crime Scene Unit, is so well regarded within the department he was summoned to the scene of the Mexican Consulate bombing and the Corey Lidle plane crash to assess the damage using a program called "Total Station."

In the Bell case, he can determine how objects -- cars, bullets, etc. -- ended up in certain locations based on high-tech trajectory analysis.

Friday, March 28, 8:50 a.m.

Only one witness, NYPD trajectory expert Michael Cunningham, will testify Fruday. The news of the day will likely be a shift in focus to the shooting victims, who are slated to testify Monday and Tuesday. Lawyers on both sides say how Judge Arthur Cooperman assesses the credibility of Trent Benefield and Joseph Guzman is critical to the case.

Guzman, for example, has previously said he didn't get aggressive with the SUV driver who argued with Sean Bell. But several of Bell's friends in this case said he did. On the other hand, only police witnesses testified that Guzman said, "Yo, go get my gun," a statement that meant a shooting was imminent, according to detectives.

Cunningham will be the 47th witness for the prosecution. Three others are planned: Benefield, Guzman and an orthopedic surgeon who saved Guzman's life.

Thursday, March 27, 2 :50 p.m.

Court is done for the day. The 47th prosecution witness- trajectory expert Michael Cunningham- won't be ready until tomorrow at 9 a.m.

Thursday, March 27, 2008 1 :49 p.m.

Lunch recess. Detective James Valenti confirmed that at least three of the four shots that hit Sean Bell came from the gun of Detective Michael Oliver. The fourth was fired either by Oliver or officer Michael Carey, who also uses a similar, Sig-Sauer 9MM pistol. (Carey is NOT charged with a crime.) It appears that virtually all of Gescard Isnora's fire was aimed at and hit Joe Guzman, whom Isnora claims he suspected of being armed.

Thursday, March 27,11:13 a.m.

Methodical- that's the watchword of the day here at the Bell trial.

Detective James Valenti is going over 89 pieces of ballistic evidence-- 46 shell casings and 43 bullets-- recovered from the scene of the shooting.

Most so far match Detective Oliver's gun, which isn't surprising since he fired sixty percent of the shots. By the end of the day we expect to learn who fired the fatal bullets, but it's possible that that will be inconclusive.

Thursday, March 27, 9:52 a.m.

Optometrist Daniel Friedman testified that Sean Bell was legally blind in his right eye, with 20/400 vision in that eye. His left eye, 20/30, was good enough to get him a driver's license.

But since most of the police action was unfolding to Bell's right, prosecutors have introduced the idea Bell simply may not have been able to see clearly who or what was pointing or gesturing at him.

On the stand now is NYPD Ballistics expert James Valenti. He's the guy expected to match which shots hit which victims.

One other note: the courtroom is emptier than usual today, on both sides.

Thursday, March 27, 8:53 a.m.



Week: 5
Day: 19
Witnesses: 44 (No. 45 and 46 today)
Bell's bachelor party friends who've testified: 6
Expected prosecution end date: Weds 4/2
Expected defense end date: unknown, approx 4/16.
On the stand today we expect an opthamologist, Dr. Friedman. He's expected to talk about Bell's vision and whether he would have had trouble seeing at night. Then, the day's key witness, a forensics/ballistics expert expected to say which bullets-from which detectives' guns-- hit which victims.



Tuesday, March 25, 2:41 p.m.



Court is done for the day. Jean Nelson, soft spoken and downcast, seemed almost sad to confirm that Sean Bell appeared drunk on the day of the shooting. Defense lawyers contend that this may have caused Bell to drive erratically and that it slowed his reaction time.

Tuesday, March 25, 12:50 p.m.



Lunch recess. Bell's friend Jean Nelson is the trial's 44th witness. Like Bell's other friends, he confirms the groom-to-be got into a heated confrontation with the SUV Driver. But unlike the others, Nelson said that James Kollore said to the SUV guy: "We will take that gun from you." And that Bell added, "Yeah, we'll take that gun from you." Nelson said he tried to defuse the tension. He recalls telling Sean, "Let's go. You're getting married tomorrow, you don't need this."Nelson remains on the stand for cross -examination.

Tuesday, March 25, 10:14 a.m.



The trial's 43rd witness, Dr. Michael Greenberg of the Medical Examiner's office, testified that Sean Bell was hit by four bullets, one in the neck, one in the shoulder, one in the torso and one in the arm. "Cause of death is gunshot wounds of the neck and torso," said Greenberg. Prosecutors have yet to reveal who fired those fatal shots.

Dr. Greenberg also testified that Bell's blood showed an alcohol level of 0.16, which is twice the legal limit.

Before the witness took the stand, assistant DA Charles Testagrossa walked into the gallery and whispered to Bell's parents: "We're going to have the M.E. Now, you may find this upsetting."

Sure enough, William and Valerie Bell left the courtroom as soon as the doctor started talking about the path of the bullets.

Tuesday, March 25, 8:47 a.m.



Good morning. Prosecutors may be on their fourth-to-last day in the case against three NYPD detectives. As of now- and these things can change-- the Queens DA's office plans to rest its case on Monday, March 31st.

Today, we expect to hear from Jean Nelson, known to his friends as M.O., the last member of Bell's bachelor party to testify. The defense strategy has been consistent: to discredit Bell's friends as drug dealers and felons.

Most of the civilian witnesses support the officers' view that Bell argued face-to-face with an SUV Driver moments before the shooting. It's that argument that led police to "move in."

The medical examiner is also expected to testify, and that with the testimony of a ballistic expert later in the week, could help clarify which detective fired the fatal shot- or shots.

Monday, March 24, 4:32 p.m.

"The car came right at me." That's what Detective Michael Oliver said about Sean Bell's car in the moments before the 50-bullet barrage.

Oliver, who fired 31 of the shots that killed Bell and wounded his friends Trent Benefield and Joseph Guzman, said he feared for his life after Bell backed up his Nissan Altima, apparently hitting Detective Gescard Isnora's leg, and then veered forward, twice hitting Oliver's undercover police van.

In Oliver's testimony to the grand jury unsealed Monday, he said: "Isnora was yelling 'He's got a gun! He's got a gun!' The car hit us and the engine was revving. ... The car hit us again. ... I heard shots. ... I could see the passenger window was blown out. ... I could see a passenger appearing to raise a gun."

So Oliver opened fire.

"I looked at my gun, there appeared to be something wrong with it," he said. "I didn't want to die. ... I reloaded my gun and continued to fire. ... I saw the passenger and I thought he was shooting at my team ... and I realized I had no bullets left."

Oliver and Isnora have been charged with manslaughter. A third detective has been charged with reckless endangerment.

Detectives Endowment Association President Michael Palladino said, "We stand by his testimony, and Oliver looks forward to taking the stand."

Prosecutors maintain the police were incompetent because they shot at people who didn't match the description of a man with a possible gun inside Bell's bachelor party at Club Kalua.

Several of Bell's friends have testified the groom-to-be got into a heated dispute with that man -- SUV driver Fabio Coicou -- outside the club. And yet Bell's brother-in-law Johnell Hankerson testified earlier Monday that undercover police seemed to be watching only Bell's friends, not the SUV driver. He also said he had no idea an armed Isnora was a detective. He said he remembered thinking, "If these guys are police ... and this guy has a gun ... things could get real ugly out there."

Defense lawyers have repeatedly raised the criminal past of Bell's friends to question their credibility. But Leroy Gadsden of the NAACP said these young men are not on trial and the police are the ones who must sway the judge.

Monday, March 24, 2:50 p.m.

The readback of Detective Michael Oliver's grand jury testimony from 2007-- sealed until now-- is about to begin. Johnell Hankerson finished testifying, having spent almost 5 hours on the stand, most of it cross examination. Clearly part of the defense strategy is to put Sean Bell's friends, in a sense, on trial.

Monday, March 24, 12:55 p.m.

Lunch recess. Hankerson, Bell's brother-in-law, is still on the stand. Defense lawyers have been grilling him for more than two hours. They have suggested the DA cut a deal with him in exchange for not prosecuting him in an April 2007 gun incident. We still expect the Oliver grand jury stuff later, maybe starting around 3pm.

Monday, March 24, 11:18 a.m.

After a sidebar, prosecutors decided not to call Dr. Friedman until Thursday. So instead, on the stand all morning has been witness #42, Johnell Hankerson, Sean Bell's brother-in-law. (His wife, Shelby, is Nicole Poultre's sister.)

Hankerson may have been the last person to talk to Sean Bell seconds before his death....telling him as Bell got into his car they'd follow each other to a diner for something to eat.

Hankerson says suddenly a car rolled slowly up the block (a Camry with Detectives Headley and Cooper and LT Napoli inside) and that he saw Det Isnora approach Bell's car brandishing a gun.

Under cross examination, Hankerson acknowledged having told the grand jury that he warned Bell and Guzman "Oh sh--, he's got a gun."

The next thing he heard was engine revving, tires screeching, and gunshots.

Monday, March 24, 9:05 a.m.

Today we'll hear from Dr. Daniel Friedman first -- he's an ophthalmologist who treated Sean Bell. Then, Jonell Hankerson, one of the bachelor party guests (and a member of Guzman's rap group).

This afternoon, what figures to be the main news of the day, Detective Oliver's grand jury testimony. The central question: why did he reload?

Monday, March 24, 8:50 a.m.

It's the start of week 5 of the trial, day 17. For a change, we don't know the exact lineup of witnesses yet, but should shortly. We expect prosecutors to read into the record the grand jury testimony of Detective Michael Oliver. The DA's office already did that with Cooper to try to show he was reckless (in Cooper's own words he fired off-balance in the general direction of gunfire but not a specific target) and Isnora (who said he was nervous and scared).

We also expect to hear from the medical examiner and a surgeon this week, as well as two more friends from Sean Bell's bachelor party. Finally, Trent Benefield and Joe Guzman are expected to take the stand Thursday or Friday.

Thursday, March 20, 1:39 p.m.

Lunch recess. All three defense attorneys grilled Bell's friend James Kallore about his criminal past, experience with guns, and his rap group. Attorney Paul Martin asked about the group's songs "Let Off A Shot" and "Tell Me Why You Thuggin."

To many in the courtroom, it was surprising that prosecutors didn't object more and that Judge Arthur Cooperman allowed that line of questioning. The defense wants the judge to believe that Bell's friends were part of a violent, drug-dealing gang that posed an imminent threat.

This afternoon, prosecutors plan to read the grand jury testimony of Jesse Isnora, who fired the first of the 50 shots, and a total of 11 out of 50.

Thursday, March 20, 10:51 a.m.

James Kollore has testified to a different sequence of events: that police started shooting after the *first* collision with Bell's car....then, Bell backed up, crashed into a gate, and cops started shooting again when Sean shifted into drive. "I heard gunfire, saw a muzzled flash, then Sean's car goes in reverse....there is a pause in the gunfire and then another collision," he said. Cross examination is about to begin.

Thursday, March 20, 10:01 a.m.

Witness #41, James Kollore, one of Sean Bell's friends who attended the bachelor party, has just been called to the stand. Defense lawyers allege that Kalore yelled "let's f- him up" to Fabio Coicou, the SUV driver, something Coicou denies.

Thursday, March 20, 8:50 a.m.

It's the end of week four of the trial. Prosecutors have presented 40 witnesses and we expect to hear from 10 more before the Queens DA rests its case, possibly by next week.

But first- some major elements to come. Today, the grand jury testimony of Det. Jesse Isnora is expected to be read into the record. He's the officer who first fired his weapon. If the Judge believes his actions were justified, the prosecution will have a hard time making a case for manlaughter.

Whether they can make a strong case for reckless endangerment is another matter. Prosecutors have put pressure on Det. Mark Cooper, who said he fired only once, off balance, though ballistic evidence proves he shot four times. One of his bullets entered the Air Train terminal.

Wednesday, March 19, 6:08 p.m.by Robert Moses

A court reporter this afternoon continued to read Det. Marc Cooper's grand jury testimony. Cooper testified that he had one beer during his time at Club Kalua. Det. Gescard Isnora, another detective on trial, had at least two mixed drinks during the night.

Cooper said that within seconds of coming upon the Nissan Altima at the scene, he heard gunfire. "Once I heard the barrage of shots, I ducked down in my seat," Cooper testified.

Cooper said that he remained in the back of the Toyota Camry he was riding in while he fired his gun. He was holding his gun in his right hand. When asked what he fired at, Cooper said he aimed "where I believed the shots were coming from."

Lawyer: "Would it be fair to say that you fired at least three rounds?"

Cooper: "Yes, that's fair to say."

Cooper added that "it is a possibility" he fired four shots.

Cooper was also asked during his grand jury testimony if there were any pauses among the 50 shots. "It just seemed like continuous gunfire," he said.

Court was adjourned at 4:47 p.m. and will resume tomorrow morning.

Wednesday, March 19, 10:00 a.m.

A riveting day so far. For the last two and a half hours, Fabio Coicou has been on the stand. Witnesses said that he had an angry argument with Sean Bell moments before the police shooting. Today Coicou said the argument was more like a discussion, and that there was no talk of guns or violence.

Attorney Anthony Ricco repeatedly suggested that Coicou is lying. Coicou got defensive. "I'm not on trial here," he said. Cross-examination continues around 2 p.m.

Wednesday, March 19, 10:00 a.m.

Witness #38, Dr. Daniel O'Connor, a surgeon at Mary Immaculate Hospital, has been on the stand for about an hour. He treated both Trent Benefield and Joe Guzman. Another witness is expected to testify, probably next week, that Guzman nearly died from his wounds.

Wednesday, March 19, 8:49 a.m.

Fabio Coicou the suv driver who argued with Sean Bell minutes before police started shooting is expected to testify today.

Undercover detectives claim that Coicou motioned to his side as though he had a gun and that Bell's friend Joe Guzman said, "yo, go get my gun."

Police claim that this is why they thought violence was imminent. But prosecutors are expected to question why detectives did not pursue the suv driver.

We also expect to hear from a doctor who treated Trent Benefield after the shooting.

And this afternoon, prosecutors plan to read the Grand Jury testimony of Det. Mark Cooper. A quick correction of my 2 p.m. blog from yesterday: Cooper's statements read in during yesterday's session are from an "interview" he did with the DA's office before he ever appeared at the grand jury.

Prosecutors are expected to ask why Cooper first said he fired one time and now acknowledges firing four times. One of those shots, say prosecutors, exploded into the Air Train Terminal.

Tuesday, March 18, 2 p.m.

In a few minutes, prosecutors will read a statement Detective Mark Cooper made to the grand jury regarding the shooting. There will be no more witnesses today after that. Court should wrap up around 3:30 p.m.

Tuesday, March 18, 1:07 p.m.

Lunch recess. Commenting on the bullet-riddled clothing shown in court, a frustrated an emotional William Bell, Sean's father said of the defense: "they can make any excuse they want, but my son is dead."

Tuesday, March 18, 11:05 a.m.

The midmorning recess comes as NYPD Criminalist Miranda analyzes the bullet-riddled clothing of Joseph Guzman, one of two passengers in Sean Bell's car the night of the shooting.

If she finishes testifying this afternoon, we may get an interesting glimpse at the next phase of the prosecution's case: establishing the state of mind of the police officers who fired 50 shots.

The assistant DA will 'read into the record' what Detective Cooper said at his deposition. And later in the week, we expect a full day of reading what Det. Michael Oliver- who fired 31 of the 50 shots-- told the grand jury.

To prove manslaughter, the DA's office must convince the judge that Oliver knew his actions were wrong and could result in grievous injury.

Bell's fiancé Nicole, by the way, has been conferring frequently with assistant DA Charles Testagrossa. The prosecution case is not easy to follow, even for veteran court observers.

Bell's relatives have said through surrogates that despite published reports to the contrary, they have full confidence in the DA's efforts.

Tuesday, March 18, 9:49 a.m.

NYPD Criminalist Michelle Miranda testified that with respect to Bell's car: "no gunpowder was found...no evidence of a discharged firearm from within the vehicle."

This testimony supports the prosecution’s claim that Bell and his friends were unarmed. It also weakens the claim made by police shortly after the shooting that the officers fired shots after they thought someone was firing at them.

Monday, March 17, 5:20 p.m.

Det. Ed Dingman, who made 3D diagrams showing the trajectory of police bullets, was the trial's 35th witness. Tomorrow two more witnesses are expected to testify: another NYPD Crime Lab expert and a resident from the neigborhood where Sean Bell was shot. We expect doctors who worked on the shooting victims to testify on Wednesday.

Monday, March 17, 2:16 p.m.

Dr. Pizzola has finished testifying.

Key points:

He said officers might have mistaken the muzzled flashes for gunfire from the vehicle.

He said Bell's car and the police van collided twice, and that Bell's car also backed into a gate and hit Det. Isnora's leg (all of which was previously known).

He said that the airbags in Bell's car did not open. (Prosecutors didn't say this, but this testimony may suggest that Bell wasn't driving very fast when he hit the van.)

Michael Hardy, an attorney for the Bell family, said regardless of all of the above, Bell, Trent Benefield and Joe Guzman were "sitting ducks" when police opened fire.

Monday, March 17 9:00 a.m.

Good morning from the start of Week 4, Day 13 of the Sean Bell trial.

Michelle Miranda, an NYPD Criminalist and Ed Dingman, a crime lab expert ,are expected to testify.

On Friday, prosecutors agreed to shorten their witness list to about 48 total-- meaning they could rest their case by the end of next week.

Some court observers have been wondering why there are so many crime scene detectives testifying.

Prosecutors might be trying to show just how "reckless" the actions of the defendants were by showing how it impacted the neighborhood.

The defense will likely argue that the NYPD did a poor job of securing the scene.

Thursday, March 13, 6:10 p.m.

The Bell trial is finished for the day.

Five people testified, bringing the total to 32 out of an anticipated 50 for the prosecution.

The day's final witness was perhaps the most effective: Maria Rodrigues, who has lived on Liverpool Street in Queens with her husband and kids for 13 years, testified that one of the bullets crashed through her living room window and pierced a lampshade.

"I woke up to noise," she said. "My husband said it sounds like gunshots. We heard glass break. I told my kids, 'Don't come out of your rooms!'"

Friday just a single witness is expected: an NYPD ballistics expert.

Thursday, March 13, 10:20 a.m.

There is a one-hour break because the prosecution finished the first two so fast. A stone-faced Judge Cooperman said, "We'll take a recess until the next witness arrives." The 30th witness of the trial is scheduled to be Bernardino Dessantos, a Queens resident whose green SUV got hit by two bullets in the shooting barrage.

Wednesday, March 13, 10 a.m.

The Rev. Al Sharpton is seated in the fourth row -- a few seats to the right of Nicole Poultre Bell, and directly behind Bell's parents, Valerie and William, who sit in the third row each day.

The courtroom has two separate galleries -- the right side is friends and family of Bell, the left side is virtually all NYPD.

We are already on the day's second witness, Det. Thomas Forte, who took pictures of a green SUV that sustained bullet damage the night of the shooting. The first witness Thursday, Det. Chris Florio, testified that he found blood on Det. Jesse Isnora's gun. It is unclear at this point whose blood.

Tuesday, March 11, 5:40 p.m.

The following post is from WNBC's Robert Moses:

The afternoon was pretty uneventful. Crime scene Detective Gregory Anzalone was on the stand mostly testifying about photos he took after the shooting. He spoke about photographing the right leg of Detective Gescard Isnora, which had an abrasion on the shin area.

Anzalone also testified about five shell casings he found in two separate vehicles that had been at the scene of the shooting: a Toyota Camry and Ford Freestar minivan. Anzalone said he found the shell casings in the vehicles as he examined them in a parking lot at the 107th Precinct on January 23, 2007. Two were found on the interior of the Camry, and three were found on the Freestar (two on the windshield wipers and one in the engine compartment). Anzalone described the casings as "standard department-issued ammo."

Anzalone was also asked about photos he took of Joseph Guzman's vest, which showed possible bullet lacerations, he said. Anzalone finished testifying shortly after 5. Court will reconvene on Thursday morning at 9 a.m.

Monday, March 10, 1:15 p.m.

Lunch recess. A slow day compared to the rapid pace of days 1-8 of the trial. David Rivera is still on the stand. The defense is sort of using cross-examination to skip ahead to its case. By illustrating sloppy evidence collection, defense lawyers are hoping to show that Bell's car not only collided with the police van, but also crashed into a gate, endangering Det. Jesse Isnora, who was first to fire his weapon.

Monday, March 10, 2008, 11:15 a.m.

There's a brief morning recess.

Defense lawyer James Culleton (attorney for Detective Oliver) has been grilling Rivera on cross-examination. He's asked if the crime scene was compromised, and he's also asked about a "green, leafy substance" found on or near Trent Benefield's clothes. The implication is, if Benefield DIDN'T know the shooters were police, why was he running from Bell's car? Since there is no jury, the lawyers aren't connecting many dots, and a lot of this is left to innuendo and inference.

Monday, March 10, 2008, 9 a.m.

Back in court for Week 3, Day 9 of the Sean Bell trial.

Still on the stand is Detective David Rivera, the former NYPD Crime Scene investigator who took those 80 photos. Prosecutors have a few more evidence items to get in, and then defense lawyers will cross-examine. Not much news expected out of Rivera. However, if he's done early enough, two police officers (unclear if MTA or Port Authority) from the Air Train are expected -- that could be pretty compelling if one of them saw the bullet come crashing through the terminal.

This week there is no court on Wednesday.

Thursday, March 7, 3:08 p.m.

Court has resumed, with Detective Rivera on the stand painstakingly going over his ballistic reports, including where each of the shell casings was found. Example: "On the eastern curb line of Liverpool Street, four inches from the sidewalk."

One odd note: Outside court as the lunch break began, a supporter of the Bell family identified by court officers as Bobby Powell yelled to the detectives, "Jack Ruby will be back, bang, bang, bang." This was overheard by the head of the Detectives Endowment Association, Mike Palladino, who called the remark a "threat" and asked that Mr. Powell no longer be allowed to attend the trial.

Thursday, March 7, 1:52 p.m.

Lunch recess. Judge Cooperman compelled the prosecutors to plow through 80 pictures without a break this morning. Some of them depict the angle at which bullets entered Bell's car. Other photos show the living room lamp that was damaged by a bullet. The lamp was inside a home on Liverpool Street on the night of the shooting. It might be used to used the prosecution's theory that the police were reckless in firing on a residential street It looks like the cross-examination may take awhile, and that Det. Rivera will have to finish testifying Monday. We'll see what the afternoon holds.

Thursday, March 7, 11:59 a.m.

Even a trial known for its efficiency and speed can have a "slow day." Today is one of them.

The witness, retired NYPD Det. Dave Rivera, is mainly here to identify eighty photos he took of Liverpool Street and 94th Avenue in Queens the day of Sean Bell's death. Each photo has to be printed -- even though the attorneys and Judge Cooperman can see them on computer screens. So, at this point, we've seen 40 of the 80. Some are gruesome -- the blood-spattered steering wheel of Bell's car, blood stained seats. Others are more mundane, like Trent Benefield's jeans. Other photos show how bullet-riddled Bell's car was.

Det. Rivera also testified it is 195 feet, 8 inches from where the officers fired their guns to the Air Train terminal -- where one of the bullets entered.

Finally, a contradiction today, which suggests NYPD Lt. Napoli -- the commander of the cops on trial -- may not have been truthful. Napoli testified he couldn't see the start of the shooting because he was bending down to get the turret or "bubble" light for his unmarked Camry. But Det. Rivera said today there was no light in the Camry.

The photo pace is so slow at this point, Rivera may have to finish Monday.

Thursday, March 7, 8:56 a.m.

Today's the last day of week 2 of the trial -- there's no court tomorrow.

On the stand today is only one scheduled witness: NYPD Crime Scene Det. Dave Rivera. He gathered most of the evidence from Liverpool Street after the shooting. I'm told one of the most significant shell casings may be the one found in the air train, apparently fired by Det. Cooper. That goes to the prosecution theory the police were reckless in firing their guns in a populated neighborhood. (Yet another shot went into someone's house.)

With only Judge Arthur Cooperman to decide the case, some might wonder why the lawyers are so methodical -- why not just "stipulate" there were bullets etc. to save time. One reason is to establish the chain of evidence in the record, in the event of an appeal.

In the next two weeks Prosecutors still have about 25 witnesses to go, including: the medical examiner; doctors who saved Joe Guzman's life; shooting victims Guzman and Trent Benefield; and the now notorious SUV driver, who allegedly motioned to Sean Bell as though he had a gun.

Wednesday, March 6, 8:56 a.m.

NYPD Crime Scene Det. Dave Rivera is the only witness scheduled to testify today. He gathered most of the evidence from Liverpool Street after the shooting. I'm told one of the most significant shell casings might be the one found in the air train, apparently fired by Det. Cooper. This evidence may be used to support the prosecution’s theory that the police were reckless in firing their guns in a populated neighborhood. (A shot went into someone's house.)

With only Judge Arthur Cooperman to decide the case, some might wonder why the lawyers are so methodical. One reason they might be presenting the case in this manner is to establish the chain of evidence in the record, in the event of an appeal.

Prosecutors still have about 25 witnesses expected to testify including: the medical examiner, doctors who saved Joe Guzman's life, shooting victims Guzman and Benefield, and the now notorious SUV driver, who allegedly motioned to Sean Bell as though he had a gun.

Wednesday, March 5, 2:53 p.m.

Court was adjourned after the fifth witness, NYPD Detective Ellen Friedman, testified. She's a 'concealed compartment expert' who searched Bell's car for a gun. She did not find a gun in his vehicle.

Wednesday, March 5, 12:52 p.m.

The Bell family just held a prayer vigil outside the courthouse, led by the Rev. Herb Daughtry. Their attorney, Michael Hardy, blasted the detectives for referring to Bell and Guzman as "perps." This came out during Officer Mahoney's testimony. Mahoney said that one of the detectives said: "I'm from narcotics, we have two perps shot."

Today Sgt. Kipp testified that on the night of the shooting Det. Isnora said that he did not know if he had fired his weapon, even though he emptied an entire magazine and fired 11 shots.

Two more witnesses are slated for this afternoon, including the officer who took Bell's car apart. That will bring us to 24 witnesses in just 7 days.

Wednesday, March 5, 11:52 a.m.

The trial's fast pace continues. The fourth witness of the day is now on the stand -- NYPD Sgt. Donald Kipp. He retrieved the guns from the detectives on trial. The third witness was Sgt. Fred Fisher, who took the gun from Officer Carey.

Wednesday, March 5, 10:45 a.m.

The day's second witness is done. Police Officer Robert Mahoney, the first uniformed officer to arrive after shots were fired, testified that one of the undercover officers had his shield out and his gun drawn. Mahoney said that the detective said: "I'm from narcotics, we have two perps shot." Mahoney also vouchered all of Sean Bell's clothing and possessions, including $176 from his pocket.

Wednesday, March 5, 9:45 a.m.

Nassau police officer James Baumann is today’s first witness. In 2006 he was one of the officers on the scene shortly after the shooting.

He testified that upon arrival he saw at least 50 uniformed officers all over Liverpool Street. (The defense has implied that the police response compromised the collection of evidence.)

Baumann also said that MTA officers responded from the air train. He said that there were 10 MTA police officers at the scene with M16 rifles.

According to Baumann, Joe Guzman did not say anything while he was in the ambulance. This testimony contradicts yesterday’s testimony by William Rudnick, an EMT, who claimed that Guzman said "I cant believe police shot my friend."

Wednesday, March 5, 9 a.m.

Court is about to begin -- week two, day 7 of the trial. Four or five members of the NYPD are expected to testify Wednesday, including the sergeant who took the guns from the detectives who fired. Others slated to testify helped secure the crime scene. Unclear what the theme of today will be, but I should know more at 11 a.m. recess. Note: 18 of the planned 50 prosecution witnesses have testified, an average of three per day.

Tuesday, March 4, 4:14 p.m.

The 18th witness just took the stand. Testifying now is NYPD officer Derek Brathwaite, one of first to arrive after the shooting.

Earlier this afternoon EMT William Rudnick said that as they put Guzman into the ambulance he said: 'I can't believe the police shot my friend.'

Tuesday, March 4, 1:08 p.m.

Some pretty riveting testimony from LT Michael Wheeler. He said that when he arrived on the scene, Sean Bell was unconscious and slumped over, and that a wounded Joe Guzman had fallen on top of him.

Wheeler questioned the undercover cops on the scene. He said Cooper, Headley and Isnora all acknowledged firing their weapons. According to Wheeler Detective Oliver said "he didn’t remember" whether he had fired his weapon.

Oliver fired 31 shots and even re-loaded his weapon.

On cross examination, Oliver's lawyer read grand jury testimony in which Wheeler said Oliver had acknowledged firing his weapon but couldn’t remember how many times he used it.

Tuesday, March 4, 11:51 a.m.

After over 4 hours on the stand, Detective Sanchez is done testifying. His testimony may have helped the defense in the following ways:

He confirmed that there was an altercation outside the club.

He said he believed that one or more people had a gun.

He testified that Guzman said "Yo, go get my gun."

His 911 call seems to back the district attorney's theory that the police response "bordered on incompetence" since he could not tell the dispatcher where he was.

Now on the stand, Lt. Michael Wheeler of the 103rd precinct, one of the first arriving officers at the scene after the shooting.

Tuesday, March 4, 11:03 a.m.

There’s now a ten-minute recess. Isnora's lawyer, Anthony Ricco, has just finished cross-examining Det. Hispolito Sanchez. Sanchez had told the grand jury that the gunfire lasted only 6 SECONDS. But today he said it lasted two MINUTES.

Earlier prosecutors played Sanchez's 911 call. On the call he said,” Shots fired, shots fired...around the corner from Kalua strip bar!"

Dispatcher: "Shots fired? But who's injured? How many people down? Hello?

There is a long pause, after which Sanchez answers, "We got two perps shot."

The undercover detective was unable to tell the operator where he was. It is unclear whether he's disoriented or possibly intoxicated. While he only acknowledged two drinks (the NYPD policy limit) he is clearly not answering the dispatcher. Prosecutor Charles Testagrossa asked Sanchez about this.

Q: You weren't sure where you were?

A: Correct.

Q: How long was this gunfire going on?

A: Maybe two minutes.

Q: How do you remember it?

A: Sporadic. I thought it had stopped but it kept going.

Tuesday, March 4, 9:15 p.m.

In a few minutes, Det. Hispolito Sanchez will resume his testimony. Yesterday prosecutor Charles Testagrossa questioned Sanchez about what happened at the club before Sean Bell was shot. Sanchez is the 15th witness out of a planned 50 for the prosecution. It's unclear if Sanchez saw the shots. He testified that he "stayed behind" at the club while the other officers rounded the corner.

Also expected to testify today: two more EMTS who treated Bell and Joe Guzman and three police officers from the 103rd precinct who arrived on the scene minutes AFTER the shooting.

Unless something alters the schedule, the prosecution expects to wrap up their case by the week of 3/25. The defense is expected to take two weeks to present their arguments.

Monday, March 3, 5:30 p.m.

The day ended with Hispolito Sanchez on the stand. After 90 minutes of testimony, Prosecutor Charles Testagrossa still hadn't gotten up to the actual shooting. Which means Sanchez will be on the stand for a lot more tomorrow. Others expected to testify tomorrow are more EMS personnel who treated Sean Bell and Joseph Guzman.

So far, Sanchez has been helpful to the defense, since he confirms there was an altercation, a genuine belief someone had a gun (confirmed by Bell's friends) and hot tempers. But Sanchez also admits he didnt have his shield or even his own gun, because he was deep undercover. That would seem to call into question how or why Isnora, also undercover, would have HIS police shield.

Monday, March 3, 3:09 p.m.

In about 10 minutes, Det. Hispolito Sanchez will take the stand. Detectives Union calls him a "critical" witness because he's expected to explain the state of mind of the officers were on the night of the shooting.

Monday, March 3, 1:27 p.m.

Anthony South, a videographer, is on the stand. He shot video of the scene shortly after the shooting. It's unclear what prosecutors hope to achieve by showing his video. Lawyers grilled FDNY EMT Mark Massa on whether Trent Benefield was drunk. Massa said, "He was sober." The defense reminded Massa that he had previously told the grand jury that he couldn't form an opinion on this. Not a major day in the trial thus far, but we'll see what happens when Det. Sanchez testifies.

Monday, March 3, 10:39 a.m.

On the stand now is FDNY EMT Mark Massa, the day's second witness. Earlier this morning, Fire LT and Paramedic Elise Hanlon testified. Hanlon said that when she arrived at the scene, five minutes after the shooting, the undercover detectives were wearing their police shields. She also said she helped peform CPR on Sean Bell and helped Trent Benefield get medical attention. Hanlon testifed that Benefield told her : " he was cold, he was shot and he couldnt feel his legs."

Monday, March 3, 8:55 a.m.

Good morning from Queens.

The 12th witness for the prosecution hasn't been announced yet. Monday morning we expect to hear from as many as three medical personnel -- EMTs who treated Bell, Trent Benefield and Joseph Guzman at the scene, in ambulances or at the hospital. At some point Monday, probably after 2 p.m., we expect to hear from Detective Hipolito Sanchez, the OTHER undercover officer who was in Club Kalua and allegedly heard Guzman threaten to get a gun.

Friday, Feb. 29, 2008, 10:30 a.m.

Defense lawyers are now cross-examining Lt. Gary Napoli.

This morning Napoli said, "I believed that we were under fire." He also said the officer who set everything in motion was Detective Gescard Isnora, who called his lieutenant twice after watching Sean Bell and the SUV driver in a heated altercation. Napoli said Isnora's second call was "much more frantic in nature. 'We have to get there quick, there's gonna be violence! It's getting hot, it's getting hot ... I need you here quick!'"

Napoli then testified, "I said, 'Move in, move in, we're gonna stop the group!'" And in extremely damaging testimony for the defense, Napoli said he never heard his men identify themselves and does not recall the officers wearing their shields.

Friday, Feb. 29, 2008, 8:45 a.m.

The 11th witness in the Sean Bell trial was the first member of the police department to take the stand. Lt. Gary Napoli was the highest-ranking officer the night the NYPD's Club Initiative cracked down on the Kalua Cabaret in Jamaica, Queens.

Napoli acknowledged his largely undercover team was trying to shut the Kalua down for prostitution and drugs. But they didn't have much time.

"We needed one more incident," he said. "It was our final night in Queens. We had been told the unit was going to see massive changes as of Monday."

Napoli could be on the stand for most of Friday. In a sense, he could help BOTH sides. He could help prosecutors prove the police plan was inept, and could help the detectives show they were following procedure and protocol.

One other note: when Bell's friends testify, two of the defense attorneys, Anthony Ricco and Paul Martin, tend to play good cop/bad cop. Ricco is polite and quiet, sort of pretending to be pals with the witness. Martin is brash and condescending, eager to remind the judge that several of Bell's friends have criminal records.

Thursday, Feb. 28, 5 p.m.

Court is done for the day.

Lt. Gary Napoli barely begun his testimony. The focus during his one hour today was the fact the NYPD club initiative was about to be disbanded the night Sean Bell was killed. He testified:

"We needed one more incident. It was our final night in Queens. We had been told the unit was going to see massive changes as of Monday."

Napoli will resume his testimony Friday morning. Some critics say at issue is whether his plan for the undercover detectives that night set them up to fail.

Thursday, Feb. 28, 3:28 p.m.

Larenzo Kinred is finished testifying. Up next, the day's final witness, Lt. Gary Napoli.

The defense attorneys during their cross-examination focused on Kinred's past involvement with drugs. The defense is trying to show that Bell and his "crew" were up to no good.

Defense attorney James Culleton asked Kinred:

Q: Is it fair to say if you had a weapon, you wouldn't take it into the club?

A: Yes

Prosecutor: Objection!

Judge: Sustained.

Thursday, Feb. 28, 1:22 p.m.

Lunch recess.

Still testifying is Larenzo Kinred, another bachelor party friend. He said that he witnessed one of the officers shooting.

He also said that one of Bell's friends interceded during the altercation between Sean Bell and the SUV driver, saying "We'll take that from you." The statement implied that Bell's pals would "take" the gun from the SUV driver, if he had a gun. Undercover detectives witnessed the exchange, and apparently assumed a fight was imminent.

Thursday, Feb. 28, 10:56 a.m.

It's the first recess of the morning. Bell's friend, Hugh Jensen, is scheduled to go back on the stand. He said that that the individual arguing with Bell outside the club may have motioned like he had a gun. Jensen also testified that Bell flashed a sarcastic, angry smile as if to say, "This dude doesn't know what he's getting into." There were two undercover cops who witnessed the argument, according to Jensen. It's implied that this may have been what launched the detectives into motion.

Thursday, Feb. 28, 9:32 a.m.

The day's first witness is a friend of Sean Bell's, Hugh Jensen, who was at the bachelor party on the night of the shooting. He is wearing all black-- black shirt, black pants, and a black tie. He testified that the party inside the club was fun and without incident. But he also said that Bell and another man got into an argument outside the club at around 4 a.m. as everyone was leaving the party.

Jensen said: "I'd seen Sean and some gentleman, wearing all black, going back and forth talking. It was kind of aggressive. It wasn't a normal conversation."

Thursday, Feb. 28, 8:42 a.m.

Lt Gary Napoli, the police commander who had assigned the NYPD detectives to the Kalua Cabaret detail, is scheduled to testify today. Napoli supposedly told the police to "make tonight count" because the police unit was about to be disbanded. The prosecution is trying to show that this instruction may have created an overly aggressive mindset.

Tuesday, Feb. 26, 8:05 p.m.

Testimony is done until Thursday at the Sean Bell trial. And after two days of sometimes wrenching testimony, it's worth highlighting a few moments of levity in court.

Marsellis Payne, better known as "Trini," a former stripper at Kalua Cabaret, was asked by defense lawyers if she is a pole dancer. She replied, "second best in the city," and the entire courtroom burst out laughing.

Earlier, Howard James, nicknamed Bones, was on the stand. He described how he was famous for "making it rain" -- in other words, bringing money into the club. More chuckles from the gallery.

But the laughter was infrequent, and tension has been high for two days and eight witnesses.

Tuesday, Feb. 26, 4:40 p.m.

From Field Producer Robert Moses

-- Trini, the dancer, just broke down and was crying on the stand.

-- She said she didn't want to get involved in the case, but decided to do the right thing and describe what she saw.

-- She said she's a single mother with two kids and she just wants to get them a better life.

-- She said she tried to move out of the borough "to get away from this."

Trini (real name Marsellis Payne) has been fairly composed for the last hour or so, so this was a very emotional breakdown. She was granted a five minute break.

Tuesday, Feb. 26, 2:40 p.m.
On the stand, former exotic dancer Marsellis Payne, known as "Trini," broke down and cried as she described the shooting.

She said Bell's friend Trent Benefield got in Bell's car.

"He got in the car, they started to pull out, I heard this noise like someone revving the engine. A minivan came from behind me and they crashed ... the driver of the minivan got out and started shooting."
Q: Did you see this person fire a gun?
A: Yes.
Q: Did you hear any shouts or commands before you heard gunfire?
A: No, I didn't hear nothing.
Q: Did you hear, "Police!"
A: No.

Tuesday, Feb. 26, 1:09 p.m.
Court is on lunch break until 2pm.
The day's fourth witness, Harold "Bones" James, endured an hour of cross-examination from the detectives' lawyers.

The defense brought to light that James "made it rain" at the club. In other words, he brought people there to spend money. He's an admitted drug dealer who got a plea deal from the Queens DA to stay out of jail. The defense has implied Bell's guilt by association with James. But an NAACP legal observer who's been watching the trial, Leroy Gadsden, tells WNBC.com that regardless of who Sean Bell knew, that doesn't give police the right to open fire.

Tuesday, Feb. 26, 11:20 a.m.
William Bell testified for only 18 minutes. Quiet and dignified, the father and would-be best man to Sean said there were no incidents at the Club during the bachelor party.
Q: Did you observe any fights in the club?
A: No.
Q: Did you hear any arguments or verbal disputes?
A: No. None whatsoever.

Now on the stand, the day's 4th witness, Harold "Bones" James, 37, an older friend who arranged for the party to be held at Kalua Cabaret, a club he frequented.

Tuesday, Feb. 26, 10:08 a.m.
William Bell has just taken the stand. Believe it or not, he is the THIRD witness of the day.

In the first hour, two bartenders testified. The first said Bell only had one drink. The second said Guzman only had one drink. Both said there were no major fights or altercations the night of the bachelor party.

Tuesday, Feb. 26, 8:45 a.m.
Good Morning from State Supreme Court in Queens. This could be the last note for a while because the court officers have gently threatened to confiscate blackberries from reporters who try to use them in court. I asked a court officer to ask the judge if we could use them for "note taking" purposes. We'll see what happens.

William Bell, Sean Bell's father, is scheduled to testify today. He's a key witness. William Bell was at the bachelor party. The prosecution will likely use Mr. Bell to establish that the night was about having fun and not about causing trouble.

One more thing: Yesterday the prosecutor revealed that the the police sting conducted by the NYPD Club Enforcement Initiative on the night of the shooting was scheduled to be disbanded. The commanding lieutenant apparently gave the order, "Make tonight count."

Monday, Feb. 25, 12 p.m.
Nicole Paultre-Bell has finished testifying. She spent 20 minutes on the stand. Her purpose was to state that she identified Sean at Jamaica Hospital the morning of November 25, 2006.

"He was in the morgue," she said.

Monday, Feb. 25, 11 a.m.
Anthony Ricco finished his 54-minute opening on behalf of Detective Gessie Isnora. He argued that a drunken Bell and his friends were on the verge of confronting another group of men outside Kalua Cabaret, and that Isnora tried to stop the violence before it started, but Bell kept driving towards him.

"They tried to run him over," Ricco said. "Did he fire his weapon at that point? No. He used remarkable constraint at that point. ... The prosecution's theory is going to fold like a house of cards."

Monday, Feb. 25, 10:10 a.m.
James Culleton, Oliver's lawyer, has finished his 24-minute opening.

"While clearly a tragedy, no crime was committed," he said.

He said it only took 9 to 12 seconds for Oliver to fire 31 shots. He said Oliver fired because he believed Detective Isnora's life was in jeopardy, both because Bell's car hit him and because Oliver thought Joseph Guzman was armed.

"He believed the passenger, Joseph Guzman, was firing at Detective Isnora. Detective Oliver took immediate action to protect the life of Gessie Isnora. ... At what point did Oliver go from being a trained officer acting with justification to being a criminal?"

Monday, Feb. 25, 9:47 a.m.
The prosecutor's 35-minute opening statement has concluded. The Queens assistant district attorney described the shooting as "carelessness verging on incompetence ... that cannot be explained away as a mere accident or mistake. It can only be characterized as criminal."

Det. Michael Oliver has begun his opening.

Monday, Feb. 25, 9:01 a.m.
In a sign of efficiency, Judge Arthur Cooperman entered court at 8:58 a.m. and started IMMEDIATELY. Queen assistant district attorneys have begun their opening statement.

Details later.