Keeping The Vigil

By Ralph Cipriano
for Bigtrial.net

About two dozen spectators, mostly family members and supporters of the defendants, spent the afternoon camped in the hallway outside Courtroom 15A.

Meanwhile, behind closed doors, the jury in the rogue cops case sent two questions to Judge Eduardo C. Robreno that prompted some sparring among the lawyers.

"Hey, hey, hey," the judge yelled at the lawyers, to get them to calm down.

The first jury question on the second day of deliberations asked if all the charges in the case are interrelated, or whether they all stand alone.

The second question involved Episode #17 of the indictment, where Officers Thomas Liciardello, Brian Reynolds and John Speiser allegedly stopped a person identified as "L.S." near 38th St. on Aug. 14, 2010, and confiscated a total of $1,100 in cash.

The indictment charged Liciardello with attempting to "conceal the theft from authorities" by writing a police report that said only $507 had been seized from L.S. "To conceal the theft of the additional $593 from L.S., defendant Liciardello falsely stated in the report that Jeffrey Walker had made an undercover purchase of Endocets from L.S. when Liciardello knew that was not true," the indictment stated.

L.S. would appear to be drug dealer Leonard Sammons. On April 23, Sammons was unsteady on his feet and reeked of alcohol when he strode to the witness stand to testify on behalf of the government.

Sammons told the jury that in August 2010, he drove out to the Hess Gas Station at 34th and Grays Ferry carrying 182 Percocets and $1,100 in cash. At the time he was driving, Sammons told the jury he had also been drinking a half pint of Grey Goose vodka.

That's when he was accosted by the defendants, Sammons testified.

"They told me to get the fuck out of my car," Sammons said.

Licardello, Sammons said, put him in handcuffs. Then, Officer Walker swore out a false statement that claimed he had bought 182 pills from Salmons for $600, Sammons told the jury.

When he saw a mug shot in court of Officer Walker in dreadlocks, Sammons shouted, that's the guy. "I never sold to him in my life."

When the jury filed into the courtroom today, the judge told them, "I have your questions."

On the first jury question of whether the charges in the case are interrelated or do they stand alone, the judge referred the jury to three different paragraphs in his written instructions.

The paragraphs, which the judge read out loud, said that the charges in the rogue cops case proceeded from an alleged RICO conspiracy, although in the indictment, individual defendants are also charged with individual offenses.

The number of charges against any one defendant has nothing to do with the relative guilt or innocence of the defendant, the judge said. The judge instructed the jury to consider each charge separately, and he reiterated that every charge had to be proved beyond a reasonable doubt.

Regarding Episode 17 and the charge of attempting to conceal a theft from authorities, the judge said Liciardello would be guilty if the jury found that the officer wrote a false report that said a phony amount of cash had been seized from the drug dealer.

Liciardello would also be guilty of attempting to conceal a theft if the jury found that the officer had falsely stated that Walker made the undercover buy if Liciardello, who never took the stand, knew it wasn't true.

"Either is sufficient," the judge said, if the jury found that Licardello had committed either act "with intent to impede the investigation."

Besides the legal questions, spectators were left to ponder the jury's demeanor.

During closing arguments, some jurors had glanced at family members in the spectator seats. Some jurors at times were also observed dabbing their eyes during emotional closing statements from a half-dozen impassioned defense lawyers.

Today, however, the jury seemed to be all business and kept their eyes riveted on the judge.

The jury sent another note to the judge saying they wanted to go home at 4:30 p.m.

When he dismissed the jury for the weekend, the judge said that deliberations would resume at 9 a.m. Monday.