Cops Go On Trial In Killing Of Unarmed Man

The death of an unarmed man caught in a barrage of 50 police bullets on his wedding day can't be explained "as a mere accident or mistake," a prosecutor said Monday at the opening of the trial of three undercover police officers.

The hail of gunshots outside a strip club killed Sean Bell, who had been at a bachelor party on the night before his wedding, and wounded two of his friends. The shooting has sparked protests and debate over excessive force and police conduct in New York City.

The lawyer for one of the defendants told the judge in his opening statement that he would introduce evidence showing that Bell was drunk and "out of control" during the early morning confrontation.

The defendants waived their right to a jury trial, so State Supreme Court Justice Arthur J. Cooperman is hearing the case by himself.

Bell's fiance, Nicole Paultre-Bell, is expected to be the first witness at the trial, and she has said she plans to be in court every day.

Assistant District Attorney Charles Testagrossa said in his opening statement that one of the three undercover officers failed to display his badge in a clearly visible manner and wait for backup before confronting the three men, and gave contradictory orders to Bell and his friends.

Testagrossa was referring to Detective Gescard Isnora, who fired 11 of the shots during the Nov. 25, 2006, incident.

Isnora and Detective Michael Oliver have pleaded not guilty to manslaughter; Detective Marc Cooper has pleaded not guilty to reckless endangerment. Oliver fired 31 shots, including the one that killed Bell, and Cooper fired four times.

Testagrossa said that once the evidence is heard, "It will be clear that what happened cannot be explained away as a mere accident or mistake."

The prosecutor also said Oliver would have found there was no threat if he had "paused to reassess" while firing, but defense lawyer James Culleton estimated that it took as little as nine seconds for Oliver to fire the 31 rounds from his semiautomatic pistol - even with reloading - giving him no time to reassess.

Culleton said Oliver saw Bell's car pulling away and heard Isnora yell "He's got a gun! He's got a gun!"

He said Oliver will testify that he saw Joseph Guzman, one of Bell's companions, start lifting his arms. He said Oliver was convinced that if he hesitated "He'd be looking down the barrel of a gun and he'd be a dead man."

Investigators found no gun at the scene.

Isnora's attorney, Anthony Ricco, said there was evidence that Bell was drunk and "out of control" when he left the club. Witnesses overheard Bell exchange curses with another patron, and heard Guzman tell someone "Go get my gat," slang for gun, Ricco said.

Rico said Bell, at Guzman's urging, tried to strike Isnora with his car.

"When there is a confluence of alcohol and ignorance, there's always a tragedy," Ricco said.

Oliver and Isnora face up to 25 years in prison if convicted; Cooper faces up to a year on the lesser endangerment count.