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 Sunday spread: 'When I was out there, trust me, that young man right there, he'd still be in the hospital' 01/14/01 - Philadelphia Inquirer Municipal Court Judge Seamus McCaffery, a former police officer, presided in the case of Scott Matthews, 32, of New York City, who was charged with aggravated assault, aggravated assault-conspiracy, disorderly conduct, simple assault, recklessly endangering another person, resisting arrest, failure to disperse, and obstructing the highway - all misdemeanors. Matthews was represented by Shawn Nolan of the Defender Association. The prosecutor was Joshua Scarpello of the Philadelphia District Attorney's Office. Matthews was arrested about 5:30 p.m. on Aug. 1 with a group of 25 to 30 protesters blocking the entrance to the Vine Street Expressway at 16th and Callowhill Streets. During the nonjury trial, Officer Joseph Sulpizio testified that he had arrested Matthews and that the defendant had kicked him three times during the encounter. The defense rested after introducing a letter from Matthews' employer, the owner of a home-furnishing warehouse in New York City. Below is the transcript of part of the court proceedings after both sides had rested and before Judge McCaffery issued his verdict and sentence. Judge McCaffery: "I'm going to ask the officer [Sulpizio] specifically how many guys were beat up, somebody trying to hurt you, you think you remember?" Nolan: "Judge, believe me, I've seen the videotape of these things. I don't think the officer remembers anybody that did anything." Judge McCaffery: "You're right. They're all just a bunch of high school graduates." Nolan: "The evidence presented in the trial is not sufficient to convict, based on the evidence. That's what I'm saying...." Judge McCaffery: "You said they don't remember anything." Nolan: "I am saying, he doesn't remember who did what to him." Judge McCaffery: "As the fact finder, you're able to sit up here and watch. It didn't seem to me he hesitated whatsoever. Stand up, young man. As to the charge of simple assault, resisting arrest, disorderly conduct, failure to disperse, and obstruction of the highway, I find you guilty. Now, does this citizen have any priors?" Nolan: "No, your honor...." Judge McCaffery: "He came all the way down from New York?" Nolan: "Yes." Judge McCaffery: "How about that." Nolan: "Exercising his First Amendment rights." Judge McCaffery: "The First Amendment, that's in our Constitution." Nolan: "Yes, it is." Judge McCaffery: "You remember those of us that went off and served our country, and put our lives on the line. There are those of us that care about it." Nolan: "There are those of us who care about it and those people came here to exercise their right." Judge McCaffery: "God bless them. That's why our young men and women died. I take it very seriously. A lot of my friends died defending their right to do that. There's another aspect of it, Mr. Nolan, that people don't seem to understand. How old are you?" Sulpizio: "32." Judge McCaffery: "You got a mother and father, officer?" Sulpizio: "Yes, I do." Judge McCaffery: "He's somebody's kid, that's somebody's kid. You got kids? You have your own kids?" Sulpizio: "Four kids." Judge McCaffery: "That's somebody's father, somebody's spouse. That's somebody not paid to get punched or kicked. We've come a long way since back when I was a kid. When I was out there, trust me, that young man right there, he'd still be in the hospital. You know it and I know it. They used real restraint.... These men and women [police officers], we pay them chump change to go out there and put their life on the line.... I'm also here to guarantee and ensure his [the officer's] rights. What about his rights? How about the rights to go home at the end of a day's work?" Nolan: "Judge -" Judge McCaffery: "Yeah, who cares. Lucky he did. Now, officer." Sulpizio: "Yes, your honor." Judge McCaffery: "What would you like me to do, what is your call, jail or probation?" Nolan: "I object to this. This is not an officer's determination what the sentence is." Judge McCaffery: "He's a victim." Nolan: "It's up to the judicial authority." Judge McCaffery: "I'm sorry, Mr. Nolan, he's not a victim. He's a cop. All right?" Sulpizio: "Your honor, I'll leave it up to you." Judge McCaffery: "Thank you." Scarpello: "Could I be heard, judge?" Judge McCaffery: "Absolutely." Scarpello: "The defendant has no prior record, the highest, you found him guilty of an M-2 [second-class misdemeanor]. I believe the guidelines call for probation...." Judge McCaffery: "I could put him away, state time." Scarpello: "I'm telling you what the guidelines are. The low end and the high end, one or two months' incarceration plus a fine, if you find in the aggravating range...." Judge McCaffery: "Maybe what we should do, as far as community service, have him stand at the Vietnam Veterans Memorial. The people that died to guarantee his rights. What do you think of that?" Nolan: "Judge -" Judge McCaffery: "You don't like it." Nolan: "I don't like any of it one bit." Judge McCaffery: "This is bothering you." Nolan: "It is bothering me; this is enough. Let's get on so we can file the appeal...." Judge McCaffery: "Now, sir, here's your sentence. Thirty to 60 days' incarceration followed up by two years' probation, reporting probation, $300 fine. You have 10 days from today's date to have me reconsider and you have 30 days from today's date to file an appeal." Matthews' attorney did appeal. Arguments are to be heard Wednesday before Common Pleas Court Judge Pamela Dembe. |
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