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New videos expose Kelly, NYPD in Omar case

Stephon Johnson | 4/12/2011, 4:39 p.m.

But that's not what Kelly told to media, according to Miranda. "I think they misclassified it from the beginning," he said. "Friendly fire. He was shot in the chest. They helped to misrepresent the facts, mislead the public and disengaged the community, who'd be upset with the truth. "This is a pattern that has already developed whenever there's been questionable shooting," Miranda said. "They purposefully put out misinformation and take no steps to correct the info that's out there in the public. They made a [conscious] decision not to correct it."

"I know that the surgeon came out and told them that he wasn't shot in the chest," said retired detective Graham Witherspoon. "But Kelly chose to tell the public a lie." Witherspoon claimed Kelly to be a man who not only lies to the average Joes of New York, but also to those who called themselves men of God.

"He [Kelly] got together a group of clergy men from Harlem and had them hold a press conference saying they believed and accepted his explanation [for the shooting],"said Witherspoon. "They need to stop running up to the mayor and commissioner anytime something happens, because they usually lie to them." "Here's a man who would lie to the clergy," said Witherspoon. "If he would lie to the clergy, who wouldn't he lie to?"

Miranda and Co. have already gone on the offensive. "We've spoken to the district attorney candidates, since they would be the ones to handle the case," said Miranda. "We still plan on meeting with the governor." Miranda's proactive stance isn't necessarily because he worries that this case would go to trial. He feels that the case won't even see the light of day in a courtroom.

"I don't think the NYPD would allow it to go to trial," said Miranda. "If they have to justify Omar's shooting, then they would be in essence giving all of the excuses a criminal would use to shoot or assault an officer out of uniform. Defense attorneys would line up to defend their clients on the same grounds. "They'll have trouble trying to legally justify this, which is why it won't go to trial. They can't take that chance," Miranda said. "They'll settle out of court with the family first so they'd never have to document what went wrong."

Witherspoon, when asked what should be done with Kelly, didn't mince words. "This man should have been gone a long time ago," he said.