Som Public Defender (supposedly) from ATL has been coming to the proceedings and reporting on reddit.

Captures more shit that the NYtimes and other media outlet doesnt.

https://www.reddit.com/r/nba/comments/3nu06k/thabo_sefolosha_trial_day_3/

Here's the summary of the prosecution opening statement:

Prosecution Opening:
"You have to leave the area. This is a crime scene."
Defendant (shorthand is D) refused to clear the scene after being told upwards of 6 times.
D lunged at an officer who was trying to clear.
D resisted arrest.
There was a crowd of over 100 people, 3 people were stabbed.
D wouldn't leave the block.
D is in NBA, "I can do what I want." Showed entitlement, disdain.
So entitled, he insulted an officer doing his job - called him a midget.
So entitled he ordered a private car for himself (aside: why would P put this in their opening?!) to leave scene.
As police officers tried to get him in car D charged.
2nd officer grabbed D "luckily" before he could touch Officer (aside: otherwise he'd be charged with felony assault!)
D stiffened arms and refused to put his hands behind his back.
Took third officer to bring D down. Officer had to sit on him to get hands behind his back.
Case is about D inability to follow simple instructions.
Opening was no more than 10 minutes, they didn't reference any video or audio, so I assume they won't be using that in their case in chief. Looks like witnesses will only be police officers. So no civilian witnesses.



Here's the Defense Opening:

Defense Opening:
What prosecutor told you isn't what happened. Even if it was what happened, that's not a crime.
Story starts in Geneva, Switzerland, where Thabo been misunderstood forever - is he black, white, european, african?
Not a hothead, 30 years unblemished record.
Crime scene already established when D leaves - 30 feet east of the club, they walk west exiting the club.
Shield 9996 (arresting officer) sees Thabo. "Sees a black man in a hoodie."
Shield 9996 - "Get off my block, it's my fucking block."
Now they are 50 feet away, 60 feet, 80 feet, around the corner. 9996 still on him.
Thabo has a car. Getting in car. NIght should be over.
Perp has already been apprehended. Crime scene already secure. Victims already treated. They are not on same block. THey are around corner. Out of eye shot. >30 min. after the stabbing. 9996 still pursuing.
Thabo doesn't back down. 9996 - "I'll mess you up." Thabo - "You couldn't, you're a midget. Without that badge and gun you're nothing."
9996 has yelled at so many black men in hoodies, but never before have they stood up to him.
Thabo leg shattered. He misses playoffs.
Friend there, Pero antic.
You'll hear audio from bystanders, "Why are you doing this? You are hurting him?"
You'll hear audio from Thabo. Not F you, not cursing. "Help." and "Relax."
Opening a little longer than prosecution, but also no more than 10 minutes. D promised a LOT in his opening. That's not super standard, and it makes me think D is confident in his case. All but promised that Thabo would testify. Mentioned audio and video. The fact that he went so hard on 9996 about "black men in hoodies" makes me think he's got some dirt on 9996, probably some CCRB investigations, etc.


Prosecution First Witness - Shield 9996
Shield 9996 was the Arresting Officer (AO) in this case. The AO is a term of art that refers to the officer who is in charge of processing the paperwork after arrest. They are not necessarily the person who actually put cuffs on the defendant (in fact, often, for tactical reason at trial, etc, they are purposefully not that person). In this case AO is a 3 year police officer (aka relatively new). He is the person who first engaged Thabo and told him to leave the scene. Then continued to tell him to leave the scene. He is the officer who was referred to as a midget.
Direct Examination by Prosecution - I'll be honest, I missed this. I only had one case on today, and I figured I should go actually serve my clients. The real fireworks are during cross, so I skipped. (Prosecution direct examination usually so boring!)
Cross Examination by Defense -
"You testified you're allowed to move someone as far as you want to. You can move 'em to the hudson if you want to."
During your CCRB investigation, you said he was 50 feet from "immediate" crime scene. Now you say 20?
You said you asked him to move 4 times, or 5 times, or 6 times or 7 times. You said different amount every time. How many was it? "No matter how many times, why didn't he move after I asked him once?"
"You said he moved only 2 feet every time you asked him. How did he get all the way to 10th avenue?" "I asked him and other officers asked him and then he moved." "So it was 2 feet, 2 feet, 2 feet, then 75 feet?" "Correct."
Officer never reviewed video. Never saw video of him walking by white people and approaching Sefolosha.
Thabo not intoxicated. He said "Ok, Ok no problem." Third time: "I'm not doing something wrong. I'm just standing here. If i was a midget, I'd be mad too."
"I was not raising my voice, just projecting my voice. Being authoritative."
A car arrives
I didn't know why Thabo was being arrested, i just saw him engaged with other officers.
"immediate" crime scene is around the corner. Perpetrator is in handcuffs. It is out of sight. You can't hear or see anything that is happening where the stabbing had occurred.
Denies being a "rookie" officer, but graduated academy in 2013.
Paperwork indicates incident happened in front of 1Oak club. Officer sticks to his paperwork, but concedes that the incident with Thabo started 50 feet west of the stabbing. And continued further away. "That is still in front of 1oak"
CCRB inquiry - officer saw Sefolosha walk into car, and then get back out again.
I saw officer sullivan push him, I didn't know why at this point.
No idea what broke Thabo's leg.
He was walking fine. Advised him not to go to hospital, because that would slow how long it would take him to be released from police custody. D refused ambulance.
There were 150-200 people. Noone else arrested. There were several people (>5) that were closer to the stabbing than Thabo.
Defense introduces video (we can't see it, because facing the jury)
"Who did you approach first." "Defendant."
Is that the defendant? Yes. That's him walking away from scene? Yes. West? Yes. Away from the stabbing? Yes. That's the correct way to go? Yes. The lawful way? Yes. He's not angry? Yes. He's not disorderly? Yes. He doesn't appear to be commiting a crime? Yes
Were you polite to Defendant? Did you say, "With our without a badge I would fuck you up?" Officer denies.
Ofc denies seeing baton coming out.
Ofc heard people screaming. Heard people saying, "He did nothing wrong, get off of him"
Ofc does not hear "excuse me sire, put your hands behind your back."
The other officers were not wrong to bring out the baton.
"I told him to clear the block... to go to 10th ave." And he did go to 10th? Correct.
permalinksavereportgive goldreplypocket

Prosecution Third Witness - 10th Pct. Officer
Didn't catch his name (been in and out of the proceedings all day - I actually have a job!) but he was an officer involved in the arrest. He was the officer referred to in Pros Opening who stopped Thabo from lunging at the other officer.
Direct Examination by Prosecution:
Officer for 3 years. WOrks at 10th Pct.
In cabaret unit --> respond to altercations at night clubs
In court identification of defendant
Responded to scene at 1Oak. A stabbing.
Observed victims of stabbing. With two other officers. Rendered aid. Then began clearing and making a crime scene. Ensured that ambulance was coming.
Scene was to be cleared from w. 17th street to 10th avenue. For most part, people were compliant. D was not compliant.
First observed D when he was engaged with the AO (Shield 9996)
Heard D say to Ofc he was a midget.
This ofc walked over "you have to leave" "Why do I have to leave?" Explains why D has to leave. Doesn't remember response.
Ofc was moving dozens of people away. Anyone not involved has to leave.
Ofc is shown diagram of the street so he can mark D movement.
Puts multiple X's on 17th street (to show that D is only moving a few feet
I last saw him about to enter a livery cab. It was ordered specifically for them.
D was about to get in. He got in. Instead he got out again and started talking to a bystander not part of D's party. male black.
As D is talking to this man, another officer breaks them up and began walking the other person (not Thabo) up 10th further away from scene.
I witnessed D charge officer. The officer had his back to him. D was a few steps from the car.
"It was a charge. An aggressive motion, a run. He had one arm forward reaching toward the officer."
I stepped in and prevented D from touching officer. I walked D away from officer.
I informed him he was under arrest. He didn't comply. He kept his arms stiff, put them in front of his body.
Another officer grabbed his left arm. I grabbed his right arm. With both my arms I couldn't get his hands back behind his body. I said, "Get your hands behind your back"
I couldn't get his arm back, so I grabbed his hand and back of his neck and brought him to the ground. Then we could get him in handcuffs.
I picked up D, walked him to vehicle. He was walking fine at the time. We took him to 10th pct.
Cross Examination by Defense: (I missed more than half of this)
D is showing TMZ video to officer.
That is money in Seflosha's hand? It appears to be something consistent with money
Sefolosha was getting into car to leave a moment before.
Saw a man standing, sefolosha got out and interacted with him.
An officer escored the second man up the block.
Do you remember what man was wearing? No. It wasn't a tux? No, it was casual. Did the man appear to be homeless? I didn't notice.
(Referring to the video) Now that we've slowed it down, it appears that Thabo is approaching with "what appears to be consistent with money" in his hand? Yes
Q: Is it possible he was going to give the man money. A: "I don't know" Q: Is it possible? A: "Why would he do that?" Q: Generosity? A: I don't have any idea what D's intentions were." Q: Exactly.

Prosecution Fourth Witness - Investigating Officer (I missed all of direct, and most of cross). Didn't catch this officer's name, but he was one of the officers who was clearing the scene.
Cross Examination
D is showing officer a series of photos. They are of artichoke pizza and shows a lot of people milling about there ordering pizza, hanging, etc.
Officers didn't arrest anyone there.
Noone told them "You gotta leave."
Artichoke Pizza people are closer to the scene than the officers arresting Thabo. "They might have been undercovers." (Aside - holy hell this is the type of answer D attorney dreams of getting in cross. He had a field day with it during cross, and I bet he has even more fun with it in closing. Undercover officers, pleeeeeeease.)
The CCRB investigation. That is still ongoing. It is still on the line what will happen with this case and the officers involved.

Prosecution Second Witness - Sgt. From Cabaret Division:
Sgt. of division enforcing liquor license and making sure club follows the rules. Shift begins at 9:30 PM ends at 6 AM. Patrols nightclubs. This was NOT a fact witness, meaning he did not observe any part of the arrest. He was there as background to explain the importance of clearing a scene, setting up a crime scene, perimeter etc. Total time, both direct and cross was like <20 minutes. One funny question from cross, "When people need to 'get off the block' do they need to sprint?" "No."

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"though time has passed, im still the future" (c) black thought

SO far it doesn't seem that the prosecution's witnesses have been able to show any credibility or definitive evidence. The arresting officer sounds like a hothead who was jealous in someway of Thabo and wanted to make an example out of him.


You would think in 2014? when this happened that there would have been someone videotaping the arrest, especially since Thabo is in the NBA. Maybe he and his defense have the video and want to save the evidence.

and people wonder why people of color think poorly of police officers.

especially NYPD?

I knew this was going to be an interesting case because NYPD finally fucked with someone the press would latch on to.

Shoulda just dropped the complete charges. They no they don't have ish which is why they offered bs plea deal. Glad Thabo told them to kiss his yellow ass.

-The Knicks’ coaching search still includes a lone frontrunner, Kurt Rambis, whose qualifications for the position include a strong relationship with Jackson and a willingness to take the job.

What happened after more Ofcs came? I said relax. Didn't tell me put hands behind back. I never been arrested so I didn't know the procedure. I was pulled to the right. Pulled to the left. Now I'm loose and letting them control me. I told them "I'm yours * I'm confused despite knowing I'm going to jail. I didn't want to face plant.
You said "I'm yours?" Yeah I meant like tell me what do and I'm not fighting you just tell me what to do kind of way
Derogatory to police at all? No.
What about after the first time? No. Second time? No.
You never insulted ofc - something not nice? Yeah well I called him a midget.

You were Angry? Upset? No more like disappointed. I felt Ofc was using unnecessary tone, told me GTFO even when I was moving. I knew I didn't do anything wrong but I would be in trouble if I did anything wrong bc felt like Ofc looking for something to arrest me for. I told Ofc he didn't have time use that tone, i was frustrated and when he kept yelling I told him you're not that tough midget.


wonder if dude was actually short short or just like avg height but a midget to Thabo

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"though time has passed, im still the future" (c) black thought

Defense Closing (bullet notes first)
Edit: I wanted to keep these bullets in somewhat chronological order as how it was delivered so there is some continuity. I will mark new bullets (relative to what was posted 2 hours ago from now, 5:30pm) with "NEW"
NEW - They arrested him, broke his leg . . . based on shock of another crime because he was giving the homeless money
I could sit down and not sum up this case.


NEW - The burden is on the prosecution and with all that you've heard these past few days you might feel like this was a civil case where you choose (who proved their case) . . . no, the burden is on the prosecution and if you find just one reason to doubt, then result is acquittal
cops aren't evil.. I don't even think they're bad. But on that night they did bad. (refers to video).

NEW - for 30 years, nobody had an issue with Thabo (objection - sustained) except for badge 9996
thabo isn't subservient and Ofc 9996 is used to subservient ... but thabo is reflective and introspective, when he's being yelled at he asks "why do this?" When 9996 is used to people saying how high when told to jump.
now I'm not trying to be funny but if you step back and objectively watch this you see that the officers are resisting each other's ability to arrest


LOL@THIS

I don't like calling others liars... but remember when Ofc 9996 said I don't recall when I asked him if he said I will fuck you up with a badge or not? Despite answering other questions you can take this 'I don't recall" as a yes. Why? Because he doesn't want to say yes. How can you not recall saying something like I will fuck you up? I mean telling an NBA player I will fuck you up is something very memorable and probably the highlight of this Ofc's life







NEW - Officer 9996 recalls he was a jerk but he sidesteps the question . . . the prosecution is going to get up here and and say why would he lie? People lie for different reasons (lists several reasons), including nervousness - and well, in this situation with TMZ leaking the video? (inferring publicity is making the officer nervous as a reason to sidestep the question]


NEW - On that night, Thabo only stops because officer 9996 is on Thabo's neck

NEW - No witnesses today said Thabo was violent . . . in fact, witnesses told you he doesn't go back toward the crime scene, doesn't sprint , but just that Thabo said 'midget' which, granted, was probably better left unsaid

NEW - Officer 9996 was not clear with his "time to go - find your way home" without being any more specific . . .how are you supposed to know what he meant? . . . 9996 certainly wanted people to leave in a certain way because he named streets but was too general and just said "time to go"
there were lighter skinned people closers to the crime scene and they weren't arrested (or targeted) - objection overruled
a lot happened that night but it played out fast... all this happened in 5m just 5m...all the walking away, getting yelled at, breaking someone's leg that takes time
prosecution needs to prove beyond a reasonable doubt that thabo actually refused... but there was no refusal... thabo never turns back and it's not a crime to not perfectly obey or obey slowly ... thabo was always on his way out, an officer even opened a car door for him

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"though time has passed, im still the future" (c) black thought

https://www.reddit.com/r/nba/comments/3nys01/thabo_sefolosha_trial_day_4/

You gotta do some scrolling but worth it

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"though time has passed, im still the future" (c) black thought

Prosecution has zero case against Thabo but likely had to pursue a full prosecution as a means to initially fight a likely expensive civil case. NYPD are so fucked. Why do the officers get anonymity?

"Sean sparks like John Starks, nah, Sean ball like John Wall" - Rest In Power Forever Sean Price.

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Thabo Sefolosha found not guilty of all three charges.

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"though time has passed, im still the future" (c) black thought

I'll have to do on that readit account. Now I wonder how drawn out it'll be once Thabo counter sues the city for damages.

"Sean sparks like John Starks, nah, Sean ball like John Wall" - Rest In Power Forever Sean Price.

depose em all and make a spectacle.

a missed playoff run could be several million in revenue for Thabo and the Hawks. It's all speculative, of course, but will be interesting to see what the NYPD is on the hook for.

*edit* it will also be interesting because Thabo and the Hawks can afford real lawyers - unlike regular poor people who catch a beat down. I think a good lawyer could potentially wreck shop in a case like this.

In a generation of swine, the one-eyed pig is king.
-Hunter S. Thompson

He's just looking to blast nypd. The city could make a substantial offer with no admittance of guilt, and thabo would be like nah, i'm good. Worst type of complainant for the city.

-The Knicks’ coaching search still includes a lone frontrunner, Kurt Rambis, whose qualifications for the position include a strong relationship with Jackson and a willingness to take the job.

nypd's worst nightmare. fantastic.

In a generation of swine, the one-eyed pig is king.
-Hunter S. Thompson

for me, it's personal.

I had a dt kick in a basement door, come upstiars, open my front door, with his gun drawn, and was about to let 3 other cats in until my housemate came by and was like "what are you doing?"

at which point the 4 of them left without a word.

I was upstairs with my door closed.

me, coming out that door, to a dude with his gun drawn, in my house.

how do you think that would have went down?


fuck em. I want all their dirt out and on record.

-The Knicks’ coaching search still includes a lone frontrunner, Kurt Rambis, whose qualifications for the position include a strong relationship with Jackson and a willingness to take the job.

how DiBlasio will spin things when Thabo throws down the law suit. He's supposedly a liberal dude and the James Blake incident is in the news, but he's had his issues with the police unions in the past, so I wonder which side he'll go with.


I'm also interesting if Adam Silver will get involved at any point.

"Sean sparks like John Starks, nah, Sean ball like John Wall" - Rest In Power Forever Sean Price.

It's time to really start hitting these fucks where it hurts.

-Sig-

“Why didn’t you do this in your own god damn country?"

-All Stah's view on undocumented immigrants wanting to be treated like human beings.

Police will keep doing stuff until it hits them in the pocket.

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They only identify as badge number in testimony; what the fuck?!?

He should sue the union, since they are the ones that think all their members are infallible and demand that sort of ridiculous protection.

Unless the consequence is actually substantial enough hurt, ain't shit gonna change. It's just human behavior.

---------------------------------
<--The drought is over

"have fun reveling in your pettiness tho" (C) Dula summing up 98% of OKS

"I didnt finish a damn thing...matter of fact I jerked off after she left."
-Kobe speaking to investigators

L D E A

not if they want APD to be responsive when shit happens at a Hawks game.

*Jews you*

"this is okp tho, reading is completely optional" (c) desus

Proceed with caution. I am overtly racist.

<-- In Pigpen we trust

or the total crapfest working behind the scenes at the Hawks, still.

or the total crapfest working behind the scenes at the Hawks, still.

I think they watched too many movies.

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Link: http://sports.yahoo.com/blogs/nba-ball-dont-lie/thabo-sefolosha-reportedly-plans-to-file-a--50-million-lawsuit-against-the-nypd-185104259.html

Swipe: Thabo Sefolosha reportedly plans to file a $50 million lawsuit against the NYPD

By Kelly Dwyer
5 hours ago
Ball Don't Lie


We knew that this day would be coming. For nearly as long as Thabo Sefolosha has known that his day was coming.

The Atlanta Hawks swingman will likely move forward with a substantial lawsuit against the NYPD after being found not guilty of the three charges the force pinned on him in the wake of his arrest outside of a New York City club last April.

From the New York Post:

The NBA player who beat criminal charges of resisting arrest in a melee outside a Manhattan nightclub plans to sue the city and eight cops for up to $50 million over what he claims are “permanent” injuries, even though he’s back on the court — and dunking.

Thabo Sefolosha of the Atlanta Hawks says in a legal notice that the broken leg he suffered when cops pushed him to the ground outside celebrity hot spot 1Oak last April caused him to “become substantially disabled.”


Thabo suffered a broken ankle in the incident, and immediately pointed the finger at the NYPD for their show of force. After being released from jail and the hospital, some several months away from the trial that would acquit him, he offered this:

“On advice of counsel, I hope you can appreciate that I cannot discuss the facts of the case. Those questions will be answered by my attorney in a court of law. I will simply say that I am in great pain, have experienced a significant injury and that the injury was caused by the police.”

It took the jury just 90 minutes to agree with Sefolosha and rule against the NYPD earlier in October.

The Post and others have pointed out the poor timing of the report of the lawsuit, if one wants to stretch things out a bit, and the fact that the Hawks’ top-flight social media team sent this tweet out on Sunday night, one that features a healthier Sefolosha flying through the air:

Thabo's leg looked just fine on this one: https://t.co/qgW4KzwafY
— Atlanta Hawks (@ATLHawks) October 19, 2015

Otherwise ignored on a Sunday night in both the heart of the NBA’s exhibition season, the NFL regular season, and the MLB playoffs, that tweet and any other example of Sefolosha’s athletic play will hurt his case in the court of opinion for some, but those misguided “some” would be missing the point.

Sefolosha didn’t lose $50 million by sitting out the last few weeks of 2014-15 and the Hawks’ subsequent six-week playoff run. Signed to a three-year, $12 million contract in 2014 prior to being dealt from Oklahoma City to Atlanta in a sign and trade agreement, he didn’t miss out on a $50 million payday this summer as a free agent, either. Even if the injuries from the incident would have forced him to retire, insurance would have covered the subsequent $8 million owed on Sefolosha’s contract.

This isn’t the issue. Players – people – that are attacked by law enforcement under the auspices of charges that were eventually found to be baseless need to stand up for their rights, and lawsuits like this need to play a large part in helping dissuade law enforcement from overstepping its bounds.

And, yes, Thabo is dunking again some six and a half months after the injury. It hardly matters. When non-basketball breaks are concerned, one never knows how a player’s body will recover.

Those trying to equate the reported $50 million figure with Sefolosha’s career earnings (following this season, he will have made just over $30 million combined in NBA pay, not counting his five seasons spent playing professionally overseas), the 31-year old’s potential as a free agent in 2017, and the fact that he can dunk a basketball right now aren’t getting it right.

Let them know as much.

"Sean sparks like John Starks, nah, Sean ball like John Wall" - Rest In Power Forever Sean Price.