Bell grand jury resumes deliberations Friday

(New York - WABC, March 15, 2007) (WABC) -- The grand jury in the Sean Bell fatal shooting case will resume deliberations on Friday.

Eyewitness News reporter NJ Burkett has the latest from the Queens courthouse in Kew Gardens.

The process was disrupted Thursday by a last-minute mystery witness.

What effect, if any, did the testimony have on the grand jury? Jurors are still deliberating, but sources say there may have been less to this witness than meets the eye.

Sources familiar with the case say the witness testified for less than an hour. The man reportedly walked into the 115th Precinct and claimed he witnessed the shooting, that he saw a man, on foot, firing at the officers.

Although there was no ballistics evidence to support the claim, and in spite of serious doubts about his story, Queens District Attorney Richard Brown made the decision to suspend deliberations.

Sources say the man told jurors that the officers identified themselves that night, but it is not clear whether he ever offered testimony about a man with a gun. It puts him clearly at odds with every other known civilian eyewitness, including survivors Trent Benefield and Joseph Guzman.

But tonight, supporters of the officers say the testimony clearly back them up.

"It puts another individual, un-apprehended, at the scene firing a gun at police," said Michael Palladino, president of the Detectives Endowment Association. "That's very important. It's also very important that here's another individual who states he heard the officers identifying themselves."

The real impact of the testimony is very difficult to measure.

"I think Richard Brown has created a very fair and impartial process," former Brooklyn prosecutor David Schwartz said. "He is going to let those 23 people from Queens County decide this case."

Sources say this secret grand jury process was made longer because the new witness forced prosecutors to charge the grand jurors all over again.

Marcus Solis continues our team coverage from Harlem, with the Reverend Al Sharpton's reaction to this mystery witness.

There is frustration and dismay from Sharpton, who questioned today if the grand jury investigation has been tainted.

"I smell stuff before I can taste it or understand it," Sharpton said. "This smells."

Al Sharpton rarely minces words, and today was no different. As Sean Bell's widow and the two surviving shooting victims wait, the focus has shifted squarely on that last minute witness who has revived an earlier theory that someone shooting at cops the night Sean Bell was killed.

It is something even the victims were never asked about during their testimony.

"They didn't even pose that theory of a fourth man," Guzman said. "I guess they abandoned that a long time ago."

"It wouldn't make a difference to me, about a new witness," Paultre Bell said. "I'm just looking for justice."

On his radio show and in a news conference, Sharpton raised the spectre of having a special prosecutor handle the case. Sharpton says he wants to know if the witness was granted immunity, and if Benefield and Guzman will be allowed to rebut his story.

"These collective questions raise the serious questions on whether or not his being allowed to testify irreparably taints this grand jury process," Sharpton said.

The Bell camp says there's concern the testimony could lead to no charges or lesser charges being filed against the officers.

"We have to really consider with our clients whether or not they should cooperate in an illegitimate prosecution," said Michael Hardy, attorney for the victims. "And they have indicated that they are unwilling to do that."

Sharpton complains that rather than just deciding whether or not a possible crime has been committed, this grand jury is being asked to conduct a mini-trial. He is asking the governor and attorney general to monitor this case. The governor has the power to appoint a special prosecutor.

Get more News »

• Email
• Print
• Report a typo
•