The Best American Crime Reporting 2009 - Jeffrey Toobin [8]
Dano’s mother—Joanne Cicciaro, a primary-school E.S.L. teacher who had grown up in Suffolk County—said she was extremely disappointed that the grand jury had declined to indict John White for murder. Daniel Cicciaro, Sr., told a reporter, “Here this man points his gun at the boys and says, ‘I’m going to shoot.’ He says it three times. Then he shoots my son. To me, that’s intentional murder.” On the other hand, some of White’s strongest supporters—people like Lucius Ware, the president of the Eastern Long Island branch of the N.A.A.C.P., and Marie Michel, a black attorney who joined the defense team—believed that if a white homeowner in Miller Place had been confronted late at night by five hostile black teen-agers there would have been, in Marie Michel’s words, “no arrests, no indictment, and no trial.” The homeowner would have been judged to have had “a well-founded fear,” they thought, and if the justice system dealt with the incident in any way it would have been to charge the boys with something like breach of the peace or aggravated harassment (“What were they doing in that neighborhood at that time of night?”). For that matter, these supporters would argue, would Dano have “freaked out” if the male accused of wanting to rape Jenny Martin hadn’t been black? Wouldn’t teen-agers spoiling for a fight have dispersed if a white father walked out of the house, with or without a gun, and told them in no uncertain terms to go home? In other words, before a word of testimony had been heard, some people attending the trial of John White believed that in a just world he would have been on trial for murder instead of only manslaughter, and some believed that in a just world he wouldn’t have been on trial at all.
THE ARTHUR M. CROMARTY Court Complex is set apart from Riverhead, the seat of Suffolk County, on a campus that seems to be mostly parking lots—a judicial version of Long Island shopping malls. Those who were there to attend John White’s trial, which began just after Thanksgiving, seemed to be roughly separated by race, on opposite sides of the aisle that ran down the center of the courtroom’s spectator section. That may have been partly because the room was small and on many days the prosecution’s supporters, mostly Cicciaro relatives and young friends of Dano’s, nearly filled half of it. Dano, Jr.,’s parents did not sit next to each other—they had separated before their son’s death—but they came together as a family in hallway huddles of supporters and in speaking to the press. The people who stood out on their side of the courtroom were a couple of friends of Daniel Cicciaro, Sr., who also had shaved heads, but with modifications that included a scalp tattoo saying “Dano Jr.” Although they looked menacing, both of them could be described as designers: one is a detailer, specializing in the fancy painting of motorcycles; the other does graphic design, specializing in sports uniforms.
People on the Cicciaro side might have felt