Defense in Diallo case stunned by own witness' testimony

Neighbor says officers shot victim after he fell

February 9, 2000
Web posted at: 10:00 p.m. EST (0300 GMT)

In this story: TV interview led to subpoena of witness Witness had own bad dealings with law enforcement RELATED STORIES, SITES

NEW YORK (CNN) -- When defense lawyers resume presenting their case Thursday, they will be trying to recover from eyewitness testimony that described how four white New York police officers cornered an unarmed West African immigrant in the entry way of his home and shot him repeatedly, even after he fell.

VIDEO A review of prosecution testimony, from CNN's Maria Hinojosa. (February 9) QuickTime Play Real 28K 80K Windows Media 28K 80K   MESSAGE BOARD The Diallo trial COURT TV SPECIAL The Diallo Trial LOCAL COVERAGE The Albany Times Union

The witness, Schrrie Elliott, was called during the first day of defense testimony in the trial of the officers charged with second-degree murder in the killing of Amadou Diallo, who died of 19 bullet wounds.

Defense attorneys had called Elliott in the belief that she could bolster the officers' argument that the shooting was justified.

But under cross-examination, Elliott said she saw the plainclothes officers jump from their cars, form a semi-circle around Diallo and open fire.

"And they continued shooting while (Diallo) was down?" asked prosecutor Donald Levin.

"Yes," Elliott replied, breaking into tears.

TV interview led to subpoena of witness

Elliott, a resident of the neighborhood, was walking home from the subway and stood across the street from Diallo's apartment building when Diallo was shot to death last February.

Defense attorneys for the officers had subpoenaed Elliott -- the only eyewitness to testify so far -- because she had said in a television interview that she had heard one of the officers yell "gun" before the shooting began.

Elliott repeated that statement in testimony Wednesday and began to elaborate on what she saw during the shooting, before defense attorney Stephen Worth cut her off.

Then came her surprise statements under cross-examination.

Prosecutor Levin asked Elliott if she knew who said, "Gun."

"No," Elliott responded.

"It could've been Diallo, right?"

"Yes," she said.

Witness had own bad dealings with law enforcement

Elliott's testimony prompted defense attorneys to ask state Supreme Court Justice Joseph Teresi to declare her a hostile witness. The judge then gave the defense a chance to again question Elliott.

Worth challenged Elliott's testimony, asking why she hadn't mentioned this information before. She replied that she had had previous bad dealings with law enforcement authorities.

At one point, Worth asked sarcastically, "The police shot Mr. Diallo for no good reason?"

"Yes," Elliott replied.

A police officer also testified he interviewed witnesses that night but took no notes, and a building resident cast doubt on whether the entrance was lit that night during the shooting.

The officers, Kenneth Boss, 28, Sean Carroll, 36, Edward McMellon, 27, and Richard Murphy, 27, have pleaded innocent to charges they murdered Diallo by firing 41 shots at him on February 4, 1999.

If convicted, they face a maximum sentence of 25 years to life in prison.

Defense to begin Wednesday in Diallo murder trial
February 8, 2000
Detective: Bullets fell from Diallo's body as it was lifted from scene
February 2, 2000
Opening statements set in murder trial of New York policemen
February 1, 2000
Jury selection to begin in murder trial of 4 New York policemen
January 30, 2000

New York City Police Department
Human Rights Watch
Shielded from Justice: New York
Amnesty International On-line
Police Brutality Widespread Problem in New York City

Note: Pages will open in a new browser window

External sites are not endorsed by CNN Interactive.