February 2, 2000
Web posted at: 11:25 p.m. EST (0425 GMT)

In this story: Defense: 'Well-founded fear' Prosecutor: 'Conscious decision to shoot' RELATED STORIES, SITES

From staff and wire reports

ALBANY, New York (CNN) -- A police detective was the first witness called to the stand to testify in the trial of four white New York City police officers accused of killing an unarmed black man.

Detective Joseph Flannio described finding the sidewalk, stoop and vestibule where Amadou Diallo was shot littered with 41 shell casings and 27 bullets.

VIDEO A review of the case, from CNN's Maria Hinojosa. (January 31) Real 28K 80K Windows Media 28K 80K     COURT TV SPECIAL REPORT The Diallo Trial    BACKGROUND Background on the Diallo case     LOCAL COVERAGE The Albany Times Union   MESSAGE BOARD The Diallo trial

One bullet had pierced the wall and was found inside Diallo's apartment, Flannio said. He said four more bullets fell from Diallo's body as it was removed.

During opening statements earlier Wednesday, the prosecution accused the officers of acting "recklessly and with depraved indifference to Amadou Diallo's life" when they shot to death the unarmed West African immigrant.

Prosecutor Eric Warner said Diallo was armed with nothing more than his wallet, his beeper and his keys when the officers confronted him as he stood outside his Bronx home shortly after midnight on February 4, 1999.

"We will prove that by the number of shots fired at very close range, that this man -- who was cornered and killed in the vestibule of his home -- that these four defendants intended to kill him, and therefore are guilty of murder," Warner said.

Officers Sean Carroll, 36, Edward McMellon, 27, Kenneth Boss, 28, and Richard Murphy, 27, are expected to testify in their own defense in the racially charged trial.

They have pleaded innocent to second-degree murder and reckless endangerment in the death of Diallo, a 22-year-old street vendor. If convicted, they could each get up to 25 years to life in prison.

Attorney Stephen Worth, who represents McMellon, said the evidence would show the defendants' only motive for shooting was "a well-founded fear that these officers had to fire to protect their lives."

Worth said the officers were on trial because of the "collective wisdom" that the officers are racists.

"As we begin this case, that lie begins to die," Worth said. "When this case ends and evidence is over, that lie, that racism nonsense, will be put to rest."

The defendants were part of a plainclothes police unit trying to catch violent criminals. They said they fired 41 shots from their rapid-fire pistols after Diallo made a sudden move as though to reach for a gun. He was hit by 19 bullets.

"We do not believe that these four defendants came on duty that night with the intent to kill Amadou Diallo or anybody else," Warner said. "But when they got out of the car in front of Amadou Diallo's home in the early morning of February 4, they made the conscious decision to shoot him."

The prosecution was expected to rely on medical evidence and civilian witnesses to convince the jury of four blacks and eight whites that the officers ignored signs of their mistake. Instead, they allegedly continued to shoot Diallo after he was down.

Diallo's death was cited by critics of the New York Police Department as a glaring example of police brutality against minorities. It triggered a wave of pretrial publicity and civil unrest, and prompted an appeals court to rule the officers could not get a fair trial in New York City.

The case was moved to Albany, where Supreme Court Justice Joseph Teresi decided the trial could be televised. Testimony is expected to last about a month.

The Associated Press contributed to this report.

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