By Rick Pfeiffer<br><a href="mailto:pfeifferr@gnnewspaper.com">E-mail Rick</a>
Niagara Gazette
October 23, 2008 10:27 pm
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A Niagara Falls City Court judge could rule as soon as today on a move to dismiss one of several charges facing a Falls woman who suffered a fractured skull and other injuries in a brawl with Cataract City cops.
Judge Robert Merino could is also expected to rule on an attempt by attorneys for Jaquinda Coleman to have statements she made to police during and after the confrontation barred from use in her upcoming trial.
Coleman, 31, 4600 Hyde Park Blvd., Apt. 155, has pleaded not guilty to charges of disorderly conduct, resisting arrest and second-degree obstructing governmental administration in connection with the disturbance at her home.
Jury selection for her trial on those charges is set for Nov. 12.
Prominent Buffalo defense attorney Joel Daniels, who is Coleman’s lead lawyer, told Merino information filed by police officers after the incident is not sufficient to charge her with disorderly conduct. He asked Merino to dismiss the charge.
“Disorderly conduct involves someone congregating with others to breach the peace,” Daniels said. “Ms. Coleman acted on her own, not on behalf of (a) group. There’s no information that other people in the group (that had gathered in front of her apartment before the confrontation) were unified with her.”
Assistant District Attorney John Andrews argued that Daniels was wrong in suggesting that the disorderly conduct charge required some type of group involvement.
“I do believe the case law does not support (Daniel’s argument),” Andrews said. “It doesn’t say (group action) in the case law.”
In arguing that statements Coleman made during and after the incident should be barred from her trial, Daniels told Merino, “The statements are so inflammatory and so offensive to the average juror, they put us behind the eight-ball before we start.”
In comments made to a Falls police officer, shortly after the incident, as she was being treated for her injuries at Niagara Falls Memorial Medical Center, Coleman reportedly said, “I’m gonna be rich after this. I’ll take a cut on the head. I don’t have to listen to your orders, I only listen to God. I’m gonna get the Rev. Al Sharpton here and take you all on. I don’t have to listen to (Falls officers). What? Because he is white, with a badge?”
Police responded to a report of a man hitting a pregnant woman in an apartment near Coleman’s on Feb. 24. When they arrived on the scene, officers said family members of the woman, including Coleman, were “yelling at officers to ‘do (their) job’ and arrest (the woman’s boyfriend).”
Officers said Coleman became agitated after the man involved in the incident was not immediately charged at the scene and called one officer “a (expletive) racist pig and a Nazi.” Police said Coleman also began yelling, “I don’t have to listen to you. I only listen to God, you white supremacist.”
“(The statements) are more prejudicial than probative,” Daniels said. “They are offensive, they are highly inflammatory, they are racial remarks. Our concern is they are so inflammatory that a reasonable jury may say, ‘I don’t care if the people proved their case, I’m going to take it out on Ms. Coleman for her political beliefs.’ ”
Coleman is accused of fighting with and charging at officers while being sprayed with chemical spray. An officer who said he “was in fear of being tackled by (Coleman)” and feared she would be able to reach the weapons on his gun belt, struck Coleman with his flashlight as she charged him.
Daniels particularly objected to the use of his client’s hospital statement being used at her trial.
“It’s got nothing to do with obstructing, resisting or disorderly conduct,” Daniels said.
However, Andrews disagreed.
“It goes to the elements of the crimes,” the assistant DA said. “It shows the defendant’s state of mind. No matter what these officers did, she was going to do what she did.”
Merino did not rule Wednesday on a request from Coleman’s lawyers to get the personnel file of one of the officers involved in the melee. That issue will be addressed on just before jury selection.
Attorneys representing Coleman, other than Daniels, have filed a notice that Coleman intends to sue the city. The filing is the first step that is required for a citizen to begin a lawsuit for damages against a municipality.
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