Diallo jurors want to rehear testimony, judge's guidance

Protesters carry a door on Thursday near the Albany County Courthouse that shows an image of 41 bullet holes with 19 in a body -- the number that killed Amadou Diallo

Requests may signal verdict on lesser charges

February 25, 2000
Web posted at: 10:02 a.m. EST (1502 GMT)

In this story: Judge: Self-defense not a crime Jury hears officers' testimony again RELATED STORIES, SITES

From staff and wire reports

ALBANY, New York (CNN) -- Deliberations resume Friday in the murder trial of four white New York City police officers accused of second-degree murder in the shooting death of an unarmed black man. But first, jurors are to rehear testimony about what happened in the moments before immigrant Amadou Diallo was shot to death in a hail of bullets.

They also want the testimony of an expert witness on police tactics, and clarification on laws allowing police officers to claim self-defense.

The jury of eight whites and four blacks has been sequestered during deliberations, which entered their third day on Friday.

As deliberations ended late Thursday night, there were signs jurors may be considering a verdict of something less than the most serious charge.

They asked the judge twice to reread instructions about charges ranging from first-degree manslaughter, which carries a maximum sentence of 25 years, to criminally negligent homicide, which could result in a sentence of probation without jail time.

Sean Carroll, 37, Edward McMellon, 27, Kenneth Boss, 28, and Richard Murphy, 27, each have pleaded innocent to second-degree murder. Conviction on that charge carries a sentence of anywhere from 25 years to life in prison.

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The defense claims Diallo ignored the officers' repeated orders to halt, pulled out a black object in a threatening manner and remained on his feet as bullets flew. The object turned out to be a wallet.

The verdict could hinge on the defense claim that the officers unleashed the barrage because they thought Diallo had a gun and was threatening them.

The judge has instructed jurors, "A person who acts in self-defense is not guilty of any crime."

On Thursday, the jury also asked to be read transcripts of the testimony of Boss, Murphy, and eyewitness Schrrie Elliott.

Earlier, they heard a transcript of testimony from Carroll and McMellon, who were the first to confront and shoot at Diallo. Boss and Murphy testified that they fired to back up their partners.

Activist the Rev. Al Sharpton, a Diallo supporter from the National Action Network, leaves the courthouse with Diallo's mother, Kadiatou Diallo, on Thursday

Elliott claims she watched from across the street when Diallo died in a hail of 41 bullets on February 4, 1999. Diallo, an immigrant from Guinea, in West Africa, was hit 19 times.

When she first took the stand, Elliott appeared to hurt the defense by supporting allegations that the officers cornered Diallo in the tiny vestibule of his Bronx apartment building with their guns drawn and, without warning, opened fire. She also said the victim remained upright throughout most of the gunfire.

But pressed by the defense, Elliott also admitted making statements to both federal authorities and a news reporter that one of the officers shouted "He's got a gun!" before the shooting began. Prosecutors have said Elliott's account has changed too many times to be reliable.

The trial was moved from the New York City borough of the Bronx to Albany, New York -- 150 miles away -- because of intensive pretrial publicity.

Correspondent Maria Hinojosa and The Associated Press contributed to this report.

Diallo jury to resume deliberations Thursday
February 23, 2000
Defense tells Diallo jury that police actions were 'reasonable'
February 22, 2000
Closing arguments next in Diallo murder trial
February 17, 2000
Witness says N.Y. officer 'emotional mess' after shooting
February 16, 2000
Police defendant cries in describing Diallo shooting
February 14, 2000
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

New York City Police Department
Capital Region Justice For Diallo Committee

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