N.J. Police Convicted in Beating

N E W A R K, N.J., Dec. 19 -- A federal jury today convicted fiveOrange police officers in the beating of a man that prosecutorssaid they mistakenly believed murdered a fellow officer three daysearlier.

The verdict came on the second day of deliberations after asix-week trial.

The suspect, Earl Faison, died in police custody less than anhour after being arrested on April 11, 1999. The officers werecharged with violating his civil rights, not with causing hisdeath, which medical experts attributed to an asthma attack.

Prosecutors maintained the attack was exacerbated by pepperspray that was shot directly into Faison’s face.

Police Blame Victim

Defense lawyers, however, said the attack was brought on byFaison’s flight from and violent struggle with the arrestingofficer, who was not charged. They also say there is no physicalevidence of pepper spray being administered to him.

A federal indictment was handed up in June against Lt. ThomasSmith, 37, of Caldwell, who retired last year; Officers PaulCarpinteri Jr., 36, of Orange; Andrew Garth, 31, of Bloomfield;Tyrone Payton, 34, of Orange; and Brian Smith, 30, of Orange. TheSmiths are brothers.

The active officers have been suspended without pay. All havebeen free on bond.

All were convicted of one count of conspiring to deprive Faisonof his civil rights by striking Faison after he was handcuffed ortrying to conceal the assault.

Roll Call of Convictions

All but Carpinteri also faced a single charge of deprivingFaison of his civil rights:

Payton was acquitted of kicking Faison while the suspect waslying handcuffed on the sidewalk.

Thomas Smith and Andrew Garth were convicted of hitting Faisonwhen the handcuffed man was lying in the back of a police car.

Brian Smith was convicted of shooting pepper spray at closerange into Faison’s face while the handcuffed man was lying in apolice station stairwell.

Each count carries up to 10 years in prison and a $250,000 fine.