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Mindel also pointed out that there was widespread agreement that the state prosecution of Nelson had been mishandled.

Giuliani is only partially correct in stating that the fairness of the state proceeding in the Diallo case -- and the racial motivation of the shooters -- determines whether a federal prosecution is necessary. Civil rights lawyers agree that determining whether another case should be pursued is extremely complicated.

There is at least one more similarity between the aftermath of the two verdicts: In 1992, then-Mayor Dinkins reacted to the acquittal of Nelson with seeming nonchalance. "I have no reason to doubt that the criminal justice system has operated fairly and openly," said Dinkins, who opposed a further investigation by the U.S. Justice Department.

In a typically Dinkins-esque maneuver, he soon changed his mind after searing criticism. (After Diallo, however, the former mayor had no such confidence in the state court verdict, and immediately announced that federal officials should review the case.) The chances that Giuliani will mimic his loathed predecessor -- and change his mind -- seem unlikely.

Former Mayor Ed Koch, who stood with Giuliani to protest the Nelson verdict in 1992, said he does not think a federal prosecution is warranted in this case, since there has been no allegation of bias by the police officers. Nevertheless, he was critical of the mayor's reluctance to reach out to New Yorkers upset by the verdict.

"He has no credibility at this moment and he should understand that people are going to boo him," said Koch. "But notwithstanding that he should try to reach out -- because he's the mayor. That's his job: to reach out to people, even to those who believe you're not fair. That's your job and if you don't like that job you shouldn't be mayor."

"The only time that he's able to show compassion," Koch added with a chuckle, "is when it's directed at people who support him."
salon.com | March 1, 2000

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