The Best American Crime Reporting 2009 Page 3

  The four boys who accompanied Dano Cicciaro to Aaron White’s house that night are all car enthusiasts who now hold jobs that echo their high-school hobby. Alex Delgado does maintenance on race cars. Joseph Serrano is a motorcycle mechanic. Tom Maloney, who drove the Mustang Cobra, sells Volkswagens. Anthony Simeone works for his father’s auto-salvage business. Among those who testified that they’d tried to prevent Dano from going to the Whites’ house were Alex Delgado, who drove him there, and Joseph Serrano, who brought along a baseball bat. (“He’s stubborn,” Anthony Simeone had explained to the grand jury. “When he wants to do something, he wants to do it.”) Although there had been testimony that Dano Cicciaro used the word “nigger” once or twice in the cell-phone exchange with Aaron White, his friends denied using racial slurs at 40 Independence Way. (With the jury out of the courtroom, Paul Gianelli brought up an incident that had been investigated by the police but not included in the notes and reports that they are required to turn over to the defense: according to two or three witnesses, Daniel Cicciaro had gone to Sayville Ford with a complaint a few weeks before he was shot and, when approached by a black salesman, had said, “I don’t talk to niggers.” The judge wouldn’t admit that into evidence, but the headline of the next day’s Newsday story was “ATTORNEY: COPS HID MILLER PLACE VICTIM’S RACISM.”) The friends who’d gone with Dano, Jr., to the Whites’ house that night testified that after John White’s gun was slapped away, he raised it again and shot Dano in the face. As they described how Dano Cicciaro fell and how he’d been lifted from the street by Tom Maloney and rushed to the hospital, there were occasional sobs from both Joanne and Daniel Cicciaro.

  Dano’s friends had said that both of their cars were in the street facing north, but the Whites testified that one was in their driveway, with the lights shining up into the house—a contention that the defense bolstered by analyzing the headlight reflections on the orthodontist’s mailbox in the surveillance tape. The boys testified that they’d never set foot on the Whites’ property—that contention was bolstered by pictures showing Dano’s blood and his cell phone in the street rather than in the driveway—but the Whites claimed that the boys had been advancing toward the house. “They came to my home as if they owned it,” Sonia White said on the stand. “What gall!”

  John White testified that, believing the young men had come to harm his family, he backed them off his property with Napoleon White’s old pistol. In the frenzy that followed his abrupt awakening, he said, he had yelled, “Call the cops!” to his wife as he raced into the garage, but she hadn’t heard him. He described Dano Cicciaro and his friends as a lynch mob shouting, among other things, “We could take that skinny nigger motherfucker.” Recalling that evening, White said, “In my family history, that’s how the Klan comes. They pull up to your house, blind you with their lights, burn your house down. That’s how they come.” In White’s telling, the confrontation had seemed over and he was turning to go back into the house when Dano Cicciaro grabbed the gun, causing it to fire. “I didn’t mean to shoot this young man,” John White said. “This young man was another child of God.” This time, it was John White who broke down, and the court had to take a recess. One of the jurors was also wiping away tears.

  TO CONVICT SOMEONE OF SECOND-DEGREE manslaughter in the state of New York, the prosecution has to prove that he recklessly caused the death of the victim—“recklessly” being defined as creating a risk so substantial that disregarding it constitutes “a gross deviation from the standard of conduct that a reasonable person would observe”—and that he had no justification. In its decision in the case of Bernard Goetz, the white man who in 1984 shot four young black men who had approached him on the subway demanding money, the New York Court of Appeals, the highest court in the state, ruled that justification could have a subjective as well as an objective component—fears raised by the defendant’s past experiences, for instance. By bringing up the history that White’s family had with the Klan, the defense team raised a subjective component of justification, along with the objective component of home protection. “We are all products of our past,” Paul Gianelli said of his client during one of the breaks in the trial. “He brought to that particular evening who he is.” The defense was making a case for, among other things, the power of race memory.

  The racial divide is obviously less overt in John White’s Long Island than it was in Napoleon White’s Alabama. Tom Maloney, who’d also graduated from Miller Place High School, had apparently thought of Aaron White as a friend. Alex Delgado, who drove Dano Cicciaro to Aaron’s house on August 9th, had been there before as a guest. In John White’s testimony, Delgado was described as Hispanic. Joanne Cicciaro, who by name and appearance and accent might be assumed to have come from one of the many Italian-American families that moved to Suffolk County in recent decades from the boroughs, is actually Puerto Rican—a fact brought up to reporters by the Cicciaros in countering any implications of racism in Dano’s upbringing. (“Our family is multicultural.”) Even without those complications, the case for race memory would be harder to make to white people than to black people. White people are likely to say that times have changed: these days, after all, a real-estate agent who tried to steer John White away from buying a house in an overwhelmingly white Long Island neighborhood would be risking her license.

  If times have changed, black people might ask in response, how come Long Island is still so segregated? In his summation, the prosecutor asked a series of questions as a way to illustrate how White’s behavior had deviated from the behavior of a reasonable person. Two of the huge black men who had been part of Aaron White’s escort were sitting in the courtroom at the time, and when the D.A. asked whether a reasonable person would really be guided partly by the memory of a Ku Klux Klan attack that happened years before he was born, they both began to nod their heads.

  In that closing statement, James Chalifoux said that it wasn’t until the trial began that John White started talking about a lynch mob. (It’s true that in a newspaper interview in September of 2006 White seemed to downplay race, but it’s also true that in his grand-jury testimony, less than a month after the shooting, he spoke about a “lynch mob.”) Race, Chalifoux said, was being used to distract the jurors from the simple fact that by walking down the driveway with a loaded pistol John White, a man intimately familiar with firearms, had engaged in conduct that had recklessly caused the death of Dano Cicciaro. Matching up testimony with cell-phone logs, Chalifoux argued that the Whites had more time before the arrival of the cars than their story of a panicky few minutes implied. Chalifoux acknowledged that Dano and his friends were wrong to go to the Whites’ that night, that Dano was wrong to use a racial epithet when he phoned Aaron White, and that John White had found himself “in a very bad situation that night and a situation that was not his fault.” But how White responded to that situation, Chalifoux said, was his fault.

  Chalifoux’s summation followed that of Frederick K. Brewington, a black attorney, active in black causes on Long Island, who was Paul Gianelli’s co-counsel. “Race has so much to do with this case, ladies and gentlemen, that it’s painful,” Brewington told the jury: Dano Cicciaro and his friends thought they had a right to go to John White’s house and “terrorize his family with impunity and arrogance” because of “the false racial privilege they felt empowered by.” In Brewington’s argument, John White thought, “‘Once they see I have a gun they’ll back off’…but they did not take ‘the skinny old nigger’ seriously.” While Chalifoux presented Joseph Serrano’s slur on the 911 tape as, however deplorable, an indication that the argument at the foot of the driveway didn’t include the barrage of insults that the Whites had testified to—if it had, he said, “you would have heard racial epithet after racial epithet after racial epithet”—Brewington saw it as a mirror of the boys’ true feelings. “What we do under cover of darkness sometimes comes to light,” he said.

  Shortly after the beginning of deliberations, ten jurors, including the
sole African-American, were prepared to convict John White of having recklessly caused Dano Cicciaro’s death. Two jurors resisted that verdict for four days. Then they capitulated. They later told reporters that they felt bullied and pressured by jurors who were impatient to be liberated as Christmas approached. In a courtroom crowded with court officers, the jury reported that it had found John White guilty of manslaughter and a weapons charge. The Cicciaros and their supporters were ecstatic. Dano’s parents seemed to take John White’s conviction principally as proof that the accusations of racism against their son had been shown to be false. “My son is finally vindicated,” a tearful Joanne Cicciaro said, outside the courtroom. Daniel Cicciaro, Sr., said, “Maybe now they’ll stop slinging my son’s name and accusing him of all this racism.” Outside the courthouse, friends of Dano, Jr., honked their horns and revved their engines and chanted, “Dan-o, Dan-o, Dan-o.” The next day, Sunday, the celebration continued with a sort of open house at Dano’s Auto Clinic, which bore a sign saying “Thank You Jurors. Thank God. Dano Jr. Rest in Peace.” In Miller Place, John White briefly spoke to the reporters who were waiting in front of his house. “I’m not inhuman,” he said. “I have very deep feelings for this young man.” But before that he went to the Faith Baptist Church, in Coram, and sang in the choir.

  “JOHN WHITE IS A HERO,” Frederick Brewington said two weeks later, addressing a crowd of several hundred people, almost all of them black, who had gathered on a cold Saturday afternoon in front of the criminal-court building in Riverhead. He repeated, “John White is a hero.” The guilty verdict had made White the sort of hero all too familiar in the race memory of African-Americans—someone held up as an example of the unjustly treated black man. On the podium were black officeholders, speakers from the spectrum of black organizations on Long Island, and two people who had come from Manhattan—Kevin Muhammad, of Muhammad Mosque No. 7, and Al Sharpton. A lot of N.A.A.C.P. people were in the audience, and so were a lot of people from Faith Baptist Church. Various speakers demanded a retrial, or called for the resignation of the district attorney, or pointed out the difference in how white homeowners in similar situations have been treated, or called for the young white men involved to be indicted. (“We will raise this to a level of national attention until these young men are brought to justice,” Sharpton said.) There were chants like “No Justice—No Peace” and, loudest of all, “Free John White.”

  That chant was not meant literally. For the time being, John White is free—he addressed the rally briefly, mainly to thank his supporters—and his attorneys hope that, while an appeal is pending, he will be allowed to remain free after his sentencing, scheduled for March 19th. (“I think he should get as much time as possible,” a Post reporter was told by Jennifer Martin, whose response to Aaron White’s arrival at her house set the events of August 9th in motion. “I really do.”) Until the sentencing, White is back to rising at three-thirty every morning to go into the city and patch utility holes. Everything he was quoted as saying in the aftermath of the shooting that night turned out to be true. The fatalism reflected in his statement to Officer Murray as he held out his hands to be cuffed was well founded. Aaron White accepted the fact that those friends of his had indeed turned on him. In his testimony, he said, “They have no respect for me or my family or my mother or my father…. They have no respect for life whatsoever. They’re scum.” And, of course, John White had understood the situation well when he told his wife that they had lost their dream house—a comment that, as it turned out, particularly incensed Joanne Cicciaro. (His sorrow, she said to reporters after testimony had ended, “was all for themselves—sorrow about losing their house, about their life changing. He never said, ‘Oh, my God! What did I do to that boy? Oh, my God. This kid is bleeding on the driveway. What did I do to him?” He had no sympathy, no sorrow for shooting a child.”) Even before the trial, 40 Independence Way was listed with a real-estate broker. Its description began, “Stately 2 year young post-modern colonial in prestigious neighborhood.”

  CALVIN TRILLIN has been a staff writer for The New Yorker since 1963. For fifteen years, he wrote a New Yorker series called “U.S. Journal”—a three-thousand-word article from somewhere in the United States every three weeks. He is the author of twenty-six books, including Killings and American Stories.

  Coda

  I was initially attracted to this story by its sheer drama. As the first sentence of my piece says, what happened at the end of John White’s driveway—events that transformed the lives of so many people—happened in less than three minutes. Also, I was curious about the role of race. I’ve been writing about race off and on since the early ’60s, when I spent a year as a newsmagazine reporter covering the civil rights movement in the South. In that time and place, the issues were pretty clear-cut. They were less so in Miller Place, Long Island, nearly half a century later, and, in a way, that made them even more interesting to me.

  L. Jon Wertheim

  BREAKING THE BANK

  FROM Sports Illustrated

  WITH FLASHING BLUE LIGHTS illuminating his rearview mirror, Colin Dixon pulled his car to the side of a deserted road. It was around six on the evening of Feb. 21, 2006, and Dixon had just clocked out from his job at the Securitas cash depot in Ton-bridge, England, 30 miles southeast of central London. A purposely nondescript, brown building tucked behind a car repair garage, the depot serves as a regional warehouse of sorts, where cash for the Bank of England is stored and disbursed. Dixon, 52, was the manager.

  Now, driving home, he figured he was getting pulled over by an unmarked police car for a routine traffic stop. A tall, athletic-looking man in a police uniform approached. Though it would turn out that the cop was no cop at all—the uniform was fake, the Kent police badge he flashed had been purchased on eBay, and the guy’s face had been distorted with help from a professional makeup artist—Dixon was compliant. He got out of his Nissan sedan and was handcuffed and placed in the back of the other car.

  He would later testify that the driver, a second man in uniform, turned and said menacingly, “You will have guessed we are not policemen…. Don’t do anything silly and you won’t get hurt.” When Dixon tried to adjust his handcuffs, he says the “officer” who’d apprehended him brandished a pistol and barked, “We’re not f———. This is a nine-millimeter.”

  Dixon was blindfolded and transferred to a van, then taken to a remote farm in western Kent. Meanwhile, two other fake cops drove to Dixon’s home in the nearby town of Herne Bay, along with accomplices in a second van. Greeted at the door by Dixon’s wife, Lynn, they explained that her husband had been in a serious traffic accident. They said that Lynn and the couple’s young child needed to accompany them to the hospital. Outside the home, the Dixons were placed in the back of the second van and taken to the farm, where the Dixons were reunited. At once relieved and terrified, they were bound and held at gunpoint. Colin Dixon was ordered to give the plotters information about the depot. “If you cooperate, no one will get hurt. Otherwise,” one abductor warned, “you’ll get a hole in you.”

  A group of at least seven men then drove to the Securitas depot, Colin Dixon accompanying a phony police officer in a sedan and his family bound in the back of a large, white Renault truck. By now it was after midnight on the morning of Feb. 22. Surveillance video shows Dixon being buzzed into the depot with an officer beside him. Once inside, the fake cop overpowers the security guard and buzzes in the rest of the robbers wearing ski masks and armed with high-powered weapons, including an AK-47. Dixon told the 14 staffers working the graveyard shift, “They’ve got my family,” and instructed them not to touch the alarms. He proceeded to deactivate the security system and hand over the keys to the vault. The Dixons and the staff were then bound and placed in metal cages normally used for storing cash. The truck can be seen backing up to a loading dock.

  The robbers clearly knew their way around the depot—where the doors were located and how they locked—and with good reason. One member of the
gang, Ermir Hysenaj, 28, an Albanian immigrant, was the classic inside man. Months earlier, after just a 10-minute job interview, Hysenaj had been hired for roughly $11 an hour to work the evening shift at the depot. It was later revealed that in the weeks before the robbery, he had come to work wearing a small video camera hidden in his belt buckle.

  For the next 40 minutes, the gang emptied the vault of its contents, wheeling metal carts filled with cash into the truck. The supply of £10 and £20 notes was so massive that by the time the truck was filled to capacity, it accounted for only one quarter of the money in the vault. Still, the conspirators absconded with a haul of £53 million, or more than $100 million.

  If the caper didn’t entail pyrotechnics worthy of, say, the current movie The Bank Job, it seemed to come off remarkably smoothly, at least from the robbers’ perspective. All their discipline and meticulous preparation had paid off. There were no surprises. No one was physically injured, much less ventilated with bullets. No one had triggered the alarms. At around 3 a.m., Dixon’s child was able to slither out of a metal cage and the police were summoned. By then the thieves were back at the farm divvying up the money—a bounty that one British prosecutor would later characterize as “dishonest gain almost beyond the dreams of avarice.”