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Amadou
Diallo went straight from anonymity to symbol. The
only image most of us have is the one given to us
by the four policemen who saw him last, a man they
saw standing in the shadows of a doorway, pacing
back and forth, looking suspicious.
When
approached by the officers, several things happened
at once. The policemen identified themselves. Diallo
backed away toward the door, reaching into his pocket
as he did so. We now know he was taking out his
wallet. The police saw only a black object, and
perhaps inevitably given the fears that must rise
like gorge every time they make a stop, in their
mind's eye they saw the butt of a pistol. One of
the officers yelled ''Gun!'' Another tripped on
the stairs and fell backward, leading the others
to think he had been shot. Forty-one bullets and
five seconds later, Amadou Diallo was dead.
In
a sequence of events that has become all too familiar
in these high-profile cases, the first thing to
happen was for the defense to file a motion for
a change of venue. The argument goes that the publicity
given to the episode makes it impossible to assemble
an impartial jury where the events occurred, so
the trial must move to some faraway place where
people will be less swayed by all the publicity.
In
this day and age of television and mass media, it
is hard to understand why judges continue to give
credence to the idea that moving a trial a couple
of hundred miles away will somehow eliminate the
effects of pre-trial publicity. The Diallo shooting
was all over the networks, the wire services, USA
Today , and all the local New York papers. To
believe that people in Albany would not be aware
of the case is farcical.
But,
you might protest, the point is to have an impartial
jury, a jury that won't be swayed by emotions. True
enough. We must have jurors who will listen to the
facts carefully and apply them thoughtfully against
the applicable laws before reaching a verdict. But
some cases require more than that.
In
this case, the facts were never in doubt. Four policemen
shot down an unarmed man. These facts were never
in dispute. What was in dispute was whether the
overall sequence of events was within the bounds
of proper police procedures. Did the four officers
act reasonably or were they out of control?
Such
questions are only partly questions of law. There
is also a question of judgment. Did the actions
of the police conform to their community's expectations
of police behavior? In New York, Mayor Giuliani
has placed great emphasis on making the streets
safer. The resulting reduction in crime has been
credited to vigorous application of the ''broken
light'' theory of crime prevention, which holds
that if you come down hard on small crimes, this
will deter major crimes because you have instilled
the idea that all crimes, great and small, will
be vigorously prosecuted.
This
requires an in-your-face style of police work that
focuses on rousting suspicious-looking characters
in hopes of catching them in some smaller offense,
especially weapons possession, before they have
time to perpetrate a bigger crime. This work generally
fell to the Special Crimes Unit, a group of police
officers who usually worked in plain clothes and
who specialized in stop-and-frisk operations.
Their
tactics had already aroused concern in the minority
community, because inevitably young black males
were the primary focus of the police. Statistically,
this was sound because of the high proportion of
crimes committed by young black males.
In
practice, the results were a high number of stop-and-frisk
incidents but a small number of actual arrests.
In 1998, 27,061 stops were made, leading to 4,647
arrests: a ratio of 6 stops for every 1 arrest.
It was this disparity in results that led to increasing
concerns being voiced within the black community.
And when the judge decided to move the trial to
Albany, the voice of the black community, the community
most intimately affected by these events, was silenced.
Again,
the question was not who shot Amadou Diallo. The
jurors already knew that. The question is did the
police have a good reason to question Diallo in
the first place, or was he questioned solely because
he was a young black man out at night? The question
is were they justified in fearing he might be armed
or were they predisposed to believe this as a result
of their training and tactics, especially racial
profiling? Did all this lead one or more of those
officers to see a weapon where there was none? Was
this part of a pattern of overly aggressive police
work or an isolated instance of group think gone
wrong?
These
are questions that even the best intended person
cannot answer if they don't live in the community
and see what goes on around them from one day to
the next. How can a bunch of folks in Albany be
expected to understand what goes in the Bronx?
It
is especially telling that the jurors made a special
point of saying race was not a factor in their decision.
The question that seems destined never to be answered
is to what extent race was a factor in the decision
of the four policemen to ask Amadou Diallo a few
questions and to what extent did racial stereotypes
influence their perceptions when Amadou reached
into his pocket?
Copyright
© 2000 G.J. Lau All Rights Reserved
G.J.
Lau toils deep in the bowels of the Washington bureaucracy.
A long-time observer of American politics and mores,
he now edits his own e-zine, Singleminded, which
can be found at http://www.singmind.com/singleminded/
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