Sequence of
Shooting
An expert says he thinks police shot
Diallo after he was down
By Graham Rayman
Staff Writer
Graphic
In crucial testimony, the medical examiner who performed
the autopsy on Amadou Diallo's body said yesterday
he believed the West African was shot three times by
police officers while he was on the ground.
Using computer drawings and
graphic crime- scene photos, Dr. Joseph Cohen asserted
that a shot to Diallo's chest "early on" shattered
the aorta and nearly severed his spine, forcing a steep
drop in blood pressure and paralyzing him from the waist
down. That wound, Cohen said, caused Diallo to fall to
the ground.
As Diallo was falling to the
floor of the vestibule in his apartment building last Feb.
4, he was hit on the left side by some 15 bullets, said
Cohen, now the chief medical examiner in Riverside, Calif.
Three more bullets hit Diallo while he was down, including
one that traveled up his right shin and lodged near his
knee, he said.
"You couldn't be upright
with your feet on the ground to sustain that unless someone
was underneath the floor shooting up," said Cohen.
Cohen's testimony elicited
sharp questions from defense lawyers who challenged the
sequence of shots and the effect the wounds had on Diallo.
Cohen was the 11th and final
prosecution witness in the trial against four street crime
unit officers -- Sean Carroll, Edward McMellon, Kenneth
Boss and Richard Murphy -- who are charged with second-degree
murder and reckless endangerment. Prosecutors had called
47 witnesses to testify before the grand jury that indicted
the officers.
Cohen's testimony was crucial
to the prosecution's contention that the police fired some
of their shots as Daillo either lay on the floor of the
vestibule or was falling down.
Cohen, who left New York seven
months ago for his new job, sparred through the afternoon
with defense attorneys who tried to undermine his findings.
When defense attorneys charged
that his testimony doesn't comport with the position of
Diallo's body, Cohen alleged that Diallo's body was re-positioned
at some point after the shooting.
The integrity of the crime
scene has been a recurring theme in the trial. One police
witness said last week that there were "well over
50" officers on the scene shortly after the shooting.
An FBI agent told the jury
he returned to the crime scene three weeks after the incident
and found four bullets that were missed by the NYPD crime
scene unit.
On cross-examination by McMellon's
lawyer Stephen Worth, who described the pathologist's views
as "guesswork" and "speculation,"
Cohen acknowledged that he could not be sure of the exact
sequence in which the bullets struck Diallo.
Cohen was also asked how long
Diallo could have remained standing after being shot in
the chest. He said it would have been a matter of seconds
before Diallo would have collapsed to the ground.
Cohen also admitted that parts
of his findings were still developing long after his autopsy
report was filed. In September, for example, he re-examined
Diallo's spinal cord.
Immediately after the prosecution
ended its case, defense lawyers asked the judge to dismiss
the charges -- second-degree murder and reckless endangerment
charges.
The lawyers also asked Justice
Joseph Teresi to allow the jury to consider lesser charges,
such as manslaughter or criminally negligent homicide.
"The evidence is legally
insufficent beyond a reasonable doubt," Carroll's
lawyer, Bennett Epstein, said of proving the second-degree
murder and reckless endangerment charges. "They have
failed to attribute fatal wounds to any one defendant.
There has been no evidence to satisfy the standard for
depraved indifference to human life."
Teresi said he would reserve
an opinion until later in the trial. The defense case starts
this morning, with lawyers expected to call several civilian
witnesses and an police Internal Affairs sergeant who investigated
the case. At least one civilian may testify with his or
her identity obscured for the television broadcast of the
trial. |