By Jerome L. sherman
The Pittsburgh Post-Gazette
Related: Trial in shooting opens for 2 Pa. troopers
PITTSBURGH — Attorney Geoffrey Fieger angrily accused two Pennsylvania state police troopers of lying about the shooting of 12-year-old Michael Ellerbe during his closing arguments yesterday in federal court. He asked a jury to award the boy’s family as much as $55 million.
An attorney for Trooper Samuel Nassan and Cpl. Juan Curry countered that the pair had accurately described what happened in Uniontown on Dec. 24, 2002, and used justifiable force against Michael, who had been unarmed but was running from a stolen car.
“We expect them to arrest felons. We expect them to put themselves in danger,” Andrew K. Fletcher said of police officers. “If they’re held to an absolute certain standard, they’re going to die in the line of duty.”
The jury will continue deliberating today.
Michael’s father, Michael Hickenbottom, is suing the troopers over his son’s death. Trooper Nassan has testified that he shot Michael because he thought the boy had fired at his partner. Cpl. Curry has said his gun went off accidentally as he climbed a fence.
Mr. Fieger, who is representing Mr. Hickenbottom, yesterday described that story as part of a coverup at the “highest level” of the state police hierarchy. He cited testimony from James Baranowski, who was the ranking officer at the scene in the first several hours after the shooting and later said his commanders had told him to mind his own business when he raised concerns about the troopers’ accounts.
Mr. Fieger also referenced testimony from witnesses and inconsistent physical evidence, such as the lack of gun residue on the fence where Cpl. Curry’s gun went off.
“Under no authority of law,” Mr. Fieger said, “may you shoot an unarmed child in the back and then lie about it.”
Mr. Fletcher said Mr. Baranowski, who is no longer a police officer, never discussed his doubts with investigators from the FBI, which investigated the case and decided there was no evidence to warrant criminal charges.
Yesterday afternoon, the jurors asked if they could go to Melvin’s house and the scene of the shooting for themselves. Judge Joy Flowers Conti denied that request.
Although the issue of race rarely surfaced during the trial, Mr. Fieger compared the case to the Mississippi murders of Emmett Till in the 1950s and three civil rights workers in the 1960s. (Trooper Nassan is white and Cpl. Curry is black, as was Michael.)
Copyright 2008 Pittburgh Post-Gazette