A white police officer singled out black NBA player Thabo Sefolosha as he filed out of a nightclub this year, sparking a confrontation that resulted in the Swiss player’s arrest and a season-ending leg fracture, a defense lawyer told jurors on Tuesday.
“I don’t know what he saw,” attorney Alex Spiro said of the officer, JohnPaul Giacona, who first told the Atlanta Hawks players to clear the area early on April 8. “I think he saw a black man in a hoodie.”
Sefolosha, 30, has been charged with misdemeanor obstructing government administration, disorderly conduct and resisting arrest. He pleaded not guilty and refused a plea deal.
A prosecutor on Tuesday said that the 1.98m Sefolosha acted entitled and disdainful to officers trying to clear hundreds of people off a street following an earlier stabbing outside the club by calling the 1.7m Giacona “a midget.”
“The defendant does not think he needs to obey the law,” Assistant District Attorney Jesse Matthews said. “He does not like being told what to do.”
Giacona had just completed three years on the job.
The case stems from a struggle outside the 1Oak nightclub in New York’s Chelsea after Indiana Pacers forward Chris Copeland and two women were stabbed.
Officers from a cabaret unit charged with patrolling area bars and clubs responded to that stabbing and were ordered to move hundreds of partygoers off the block, a police sergeant testified on Tuesday.
It was during that process that Sefolosha, his teammate Pero Antic and two women were told by Giacona to leave the block. Charges against Antic have since been dropped.
Sefolosha disobeyed those orders, then charged at an officer whose back was turned before he was stopped by officers and eventually taken to the ground and arrested, court documents show.
However, pressed by Spiro during cross-examination, Giacona acknowledged that although he had previously said he asked Sefolosha to move off the block six times, he could only remember doing so at least three times. He also said he did not know how the Hawks forward’s leg was injured or hear batons being deployed.
Spiro played video surveillance footage for jurors showing that there were patrons closer to the crime scene tape than Sefolosha and his friends were.
Six officers are to be called as witnesses for the prosecution, but the judge, Robert Mandelbaum, has denied a defense motion to view their personnel files.
Hawks coach Mike Budenholzer said the court case was on his mind on Tuesday.
“I think we all care about Thabo,” he said. “I’m hoping for the best. To be put in a little of a tough spot, going through this, is not easy for him or his family ... but I just want the best outcome for him. He’s such a good person.”
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