Detective Joseph Flannino said the Diallo crime scene appeared well-lit, but he could not say how it appeared at the time of the shooting. (Court TV)

				DIALLO SHOOTING TRIAL
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ALBANY, N.Y. (Court TV) — A crime scene detective told jurors Wednesday that the scene of Amadou Diallo's shooting appeared well-lit when he conducted his investigation, but admitted that he did not determine whether the vestibule's light was on or off at the time of the shooting.

The prosecution attempted to prove that the vestibule in front of Diallo's Bronx home was well-lit — and the four officers accused of the victim's murder could clearly see whether or not he was holding a weapon — when they gunned him down last February. Diallo was killed in a hail of 41 bullets when, the defense says, the undercover officers thought he was reaching for a gun. The victim was struck 19 times. Officers Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss claim the darkly lit vestibule and Diallo's movement made them think he was reaching for a weapon.

But Diallo did not have a weapon; he was armed only with a beeper and a wallet.

Detective Joseph Flannino investigated the alleged crime scene shortly after the shooting. During direct examination by prosecutor Eric Warner, Flannino told jurors how he found several bullet casings and noticed several bullet holes in the hallway of the first floor of the apartment building. Flannino surmised that several of the bullets ricocheted from the vestibule and penetrated the walls inside the apartment building.

Some of the bullets lodged, Flannino said, in the west side of Diallo's living room wall. Warner tried to use Flannino's testimony about the bullet holes inside the building to support additional prosecution charges of reckless endangerment against the four officers. Warner claims the officers' decision to fire so many bullets at an occupied building put its residents in danger and demonstrated recklessness.

Flannino said that there was an overhead light in the vestibule and that the area seemed well-lit. He claimed that he did not need additional lighting to take notes and had no problems seeing.

However, during cross-examination by all four defense attorneys, the detective admitted that he could not say what the lighting was like at the time of the shooting. Flannino testified that he never referred to the lighting in his report, he did not check the light fixtures, voltage, switches or wattage of the lights, and he did not ask anyone at the scene whether the vestibule light was on or off at the time of the shooting.

Flannino, who also took many pictures of the scene, also conceded that the flash of the camera could have brightened the area and "filled-in" actual shadows. The defense also suggested that the crime scene may have been contaminated. Flannino testified that many police officers were already at the scene by the time he arrived. He also noticed that there were many more markings on the bullet-studded walls when he made a second trip to the scene on Feb. 15, 11 days after the shooting. The defense suggested that investigators could have made more holes or widened existing holes in the walls while searching for the spent bullets.

The officers claim that Diallo was acting "suspiciously" when they approached him, noting that he backed into the vestibule of his building when he saw them. They claim they identified themselves and told Diallo to stop, but, for some reason, he didn't comply.

The lighting of the vestibule — or lack thereof — is a crucial issue at the trial, providing a foundation for both the prosecution and the defense. The officers claim the lighting was too poor for them to tell whether Diallo was reaching for a beeper or gun, giving them reason to fear for their lives. The defense reportedly plans to introduce a videotape made by police internal affairs that attempts to prove the lighting in front of Diallo's building was poor the night he was killed. On this tape, an officer says he is conducting an ambient light test and compares the lighting in Diallo's building to the building next door.

However, there may be conflict among police investigators about the quality of the lighting. One reportedly said early in the case that the vestibule's light was off, making the entrance to Diallo's building completely dark that night. Another, however, claimed the light was on. Still, the testimony of an EMS worker who claims she needed a flashlight while she tried to revive Diallo may help buffer the officers' defense.

Testimony resumes Thursday morning. If convicted of second-degree murder, Sean Carroll, Richard Murphy, Edward McMellon and Kenneth Boss face 25 years to life in prison.

— Bryan Robinson