Posted On: June 16, 2008 by Schwartz & Perry

Bench Trial Gamble Pays Off

Due to intense pretrial publicity, such as those related to perceived differential treatment based on race, the attorney for one of three NYPD officers prosecuted in the Sean Bell shooting case, found a bench trial more useful than the more conventional trial by jury.

In a recent National Law Journal article, the attorney discussed, what he believed was the key reason for the favorable decision. This was a decision in which a judge acquitted all three officers of all charges largely based on, what the judge believed, was the dubious credibility of the witnesses. As this criminal case demonstrates, the credibility of both parties and witnesses is an essential element for a positive result both in criminal and civil matters.