Judge Orders New Trial in Busch Shooting

A federal judge yesterday threw out a jury's verdict that police officers were justified when they shot dead a hammer-wielding mentally disturbed man in Borough Park in 1999.

Judge Sterling Johnson indicated that a police sergeant and some of his colleagues lied at a civil trial about the shooting of Gidone Busch.

The judge took the rare step of ordering a new trial, saying the officers gave "exaggerated or overstated versions" about key details of the shooting. He also said other testimony raised "serious doubt" about their credibility.

In particular, Judge Johnson cited "untruthful statements" by Sergeant Terrence O'Brien, who claimed Busch had taken "baseball" swings at him with the hammer.

The judge noted that the officer, who claims Busch hit him repeatedly, had only a small abrasion on his wrist.

"In this case, the court is convinced that there was a miscarriage of justice," Judge Johnson wrote.

The Busch family filed a civil lawsuit against the city and five officers claiming excessive force by police after Busch was shot 12 times outside his home in August 1999.

"He didn't deserve to be killed," Busch's mother, Doris Boskey, said. "This will allow us at last to get some kind of accountability."

Patrick Lynch, president of the Patrolmen's Benevolent Association, called the judge's decision "wrong" and said the officers had taken "the only action left open to them."

One civilian witness recalled the shooting of Busch this way: "He just seemed to be like a pillow and the bullet holes were just puncturing his torso. He seemed to go pa-pa-pa-pa-pa-pa..."

Police went to Busch's house twice that day. The returned a second time after receiving reports Busch was threatening people with a hammer.

Judge Johnson said the officers "colluded" on their story.

The judge also noted that one officer crossed out the name of an unhelpful witness in his police memo book.