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US

New York officers plead not guilty in immigrant shooting

Second-degree murder indictments unsealed

March 31, 1999
Web posted at: 6:30 p.m. EST (2330 GMT)

NEW YORK (CNN) -- Four New York City police officers pleaded not guilty Wednesday afternoon to charges of second-degree murder stemming from the February shooting death of street vendor Amadou Diallo.

Dressed in business suits rather than their police uniforms, the four -- Kenneth Boss, Sean Carroll, Edward McMellon and Richard Murphy -- entered their pleas at an arraignment in a Bronx courtroom. They were released on $100,000 bail each.

An indictment accusing the four of two counts of second-degree murder was unsealed Wednesday. One count charges that the murder was intentional, and the second count, which has a lower threshold of proof, charges that the act was the result of "depraved indifference."

Diallo, an immigrant from the West African nation of Guinea, was shot 19 times in the vestibule of an apartment building by members of an undercover anti-street crimes unit who were looking for a serial rape suspect. The officers fired a total of 41 shots. Diallo was unarmed at the time.

Lawyers for the officers said their clients thought Diallo was reaching for a gun. If convicted of second-degree murder, they could get 25 years to life in prison.

Steve Brounstein, Boss' attorney, called the shooting "a tragedy, not a crime" and said it occurred when his client "saw gunfire and a fellow officer on the ground and reasonably thought there had been a gunfight."

Murphy's attorney, James Culleton, told the court that Murphy "had a sick feeling that he was going to be shot, and he reacted."

During Wednesday's court proceedings, Diallo's father, Saikou, and mother, Kadiadou, sat quietly and stared straight ahead. They traveled from Africa and Vietnam to observe the proceedings.

Police officers stage silent protest

Outside the courthouse, scores of uniformed officers were on hand to control more than 600 demonstrators.

About 400 people rallied against the police, calling for a guilty verdict for the officers. In a separate area, about 250 off-duty police officers -- who believe their department has been unfairly tainted by politicians and media coverage -- conducted a silent protest.

The Diallo shooting touched off 15 days of protests outside police headquarters in which 1,175 people were arrested for blocking the building's entrance.

Mayor Rudolph Giuliani and Police Commissioner Howard Safir have been assailed by protesters who say they have ignored the shooting.

Under Giuliani's five-year administration, serious crime in New York has dropped to its lowest levels in a generation. But complaints about aggressive police conduct have been persistent, particularly from members of minority groups.

Last week, Giuliani admitted that he made a mistake by not meeting with elected minority officials after the Diallo shooting to discuss their concerns about the police. A New York Daily News poll published Sunday showed that the mayor's public approval rating plunged from 60 percent last November to 40 percent now, largely because of the way he handled the Diallo incident.

Earlier Wednesday, as Giuliani and Safer attended a tribute for a police officer killed in 1996, the commissioner said he hoped justice would take its course.

"We grieve for Amadou Diallo and the four officers involved and pray they get a fair trial," Safir said.

Since Sunday, members of the anti-crime unit have been patrolling in uniform, rather than plain clothes, under orders from Safir. He also announced that 50 white officers in the 400-odd unit were replaced by minority officers.

Since the Diallo shooting, the unit's arrest rate has fallen by 67 percent, according to the police department.

Reuters contributed to this report.


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NAACP President's Corner: NAACP to join NY protest of Diallo police killing
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New York City Police Department
   • NYPD - 43rd Precinct
41 Shots: Reform the CCRB and the NYPD
Human Rights Watch - Shielded from Justice: New York
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