WEAK ASS GOVERNOR RENDELL SAYS $28 Million JUDGMENT TOO MUCH
Gov. Ed Rendell on Friday said the state is reviewing Pennsylvania State Police procedures and guidelines, following Tuesday's $28 million verdict against a pair of state troopers in the Dec. 24, 2002 shooting death of a 12-year-old Uniontown boy.

Rendell said the jury award in the civil rights case will be appealed. But the governor, a former Philadelphia prosecutor, did not voice support for the troopers or endorse defense attorney Andrew Fletcher's contention that no evidence supported the jury's verdict in Michael Ellerbe's shooting.

"In terms of the judgment, that'll be appealed because, although the jury has spoken, I think that judgment was probably a little excessive," Rendell said.

Pennsylvania taxpayers would pay the award, not State Police Cpl. Juan Curry and Trooper Samuel Nassan, named in the case.

A jury of six women and four men decided the record judgment against the police agency after deliberating nearly four days at the close of a three-week federal trial in Pittsburgh.

Most of the award -- $24 million -- was to punish police for conduct the jury deemed unreasonable, malicious and in violation of the U.S. Constitution.

Nassan and Curry testified that Nassan shot Ellerbe in the back as the boy ran from a stolen SUV because he thought Ellerbe had shot his partner. Curry said his gun discharged accidentally seconds earlier as he attempted to scale a fence.

State police officials and spokesmen for the troopers union have voiced support for Nassan and Curry.

But Rendell said the case might point to a need for change in the police agency.

"Obviously we're going to have to take some remedial steps. We're taking a look at it now. ... I don't think you can make that decision based on one case. You have to look to see if there is a pattern. I don't think there is a pattern with the state police, but I'll leave that decision to Col. Miller," Rendell said, referring to Pennsylvania State Police Commissioner Jeffrey Miller.

Asked about Rendell's comments, Miller issued a brief statement late Friday through spokesman Jack Lewis.

"State Police is always looking for ways to improve its response to volatile situations. Meanwhile, the state continues to consider its appeal options in this case," it read.
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