NEW YORK (AP) -- Three policemen charged in the death of an unarmed man on his wedding day will go to trial in New York City, a court ruled Wednesday, rebuffing defense claims that the officers can't get a fair trial.
However, defense lawyers who had argued that the jury pool was "incurably poisoned'' because of publicity about the case could ask again for a venue change after the jury is selected in Queens, an Appellate Division panel of the state Supreme Court said.
Sean Bell, 23, died in a hail of 50 bullets hours before his wedding as he was leaving his bachelor party. The shooting spurred protests and questions about police conduct.
Detectives Michael Oliver and Gescard Isnora have pleaded not guilty to manslaughter in the Nov. 25, 2006 shooting. Detective Marc Cooper has pleaded not guilty to reckless endangerment.
"We are disappointed in the appellate court's ruling because the evidence was powerful and our arguments had merit,'' said Michael Palladino, president of the defendants' union, the Detectives' Endowment Association. "However, the court has spoken and we will prepare for trial in the county of Queens.''
District Attorney Richard A. Brown praised the decision, saying it reflects the prosecution's view "that a fair and impartial jury can be selected from among the 2.3 million residents of Queens County.''
Jury selection is set for Feb. 4.
Bell was shot to death as he and some friends left a nightclub where the detectives were involved in an undercover operation.
According to police union officials and defense lawyers, the detectives believed Bell and his friends were going for a gun when the officers opened fire.
The change-of-venue motion noted that the shooting dominated headlines for weeks and "quickly became known as ... 'the 50-shot case.'''
It argued that because of the publicity, "the well of justice has already been incurably poisoned to such a degree that the defendants will be unable to receive in Queens County (or anywhere else in New York City, for that matter) a fair trial.''
The Rev. Al Sharpton, a supporter of the Bell family, praised the decision, contrasting it favorably to what he called ``the Diallo trick of 1999.''
The officers involved in the killing of unarmed African immigrant Amadou Diallo were tried in Albany and acquitted of criminal charges.
"It does take the stain of an unfair and uneven playing field from at least the geographic questions that surround these trials,'' he said.
On the Net: www.nycourts.gov/whatsnew
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