The criminal case against Hamail Waddell begins in Binghamton Municipal Court

Trial in the criminal case against Hamail Waddell began Monday morning in Binghamton Municipal Court.

The case will resolve the charges against Waddell, a Black and Asian man who was arrested in the early hours of New Year’s Day 2023. Following his arrest, a video circulated in the community showing arresting officer Brad Kaczynski kneeling on his back.

Presiding Judge William Pelella heard several hours of testimony from four prosecution witnesses and one defense witness. Court proceedings were adjourned until Thursday morning, when Waddell, who is charged with resisting arrest and disorderly conduct, will take the stand.

Waddell waived his right to a jury trial and instead opted for a bench trial, in which the judge alone decides the merits of the case.

The trial began with District Attorney Paul Battisti’s opening statement. He claimed Waddell exhibited “violent and turbulent behavior” and was arrested after several physical altercations early that morning. The facts and evidence in this case, he said, should justify a guilty verdict.

In his opening statement, Edward Kopko, Waddell’s attorney, said there was no probable cause in the prosecution’s case, particularly because Kaczynski was unable to appear and testify.

He called it “appalling that the people would attempt to prosecute a case without the complaining witness.” The police, he further claimed, were motivated by racial bias in arresting Waddell while ignoring white instigators of the violence.

“This is all part of an institutionalized denial supported by the fact that it is impossible for the police to police the police,” Kopko told Pipe Dream.

Battisti declined to comment for this article, saying he would wait until the trial was over.

Largely because of Kaczynski’s absence, which was attributed to medical problems, Kopko moved after his opening statement to dismiss the charges, to which Battisti objected, saying relevant evidence had not yet been presented. Citing a previous conference where both sides rejected an adjournment because of Kaczynski’s presence, Pelella rejected the request.

The first witness to testify was Matthew Zorovic, a patrol officer with three and a half years of experience. He said he took his position around 10:45 p.m. the night before and after the bars closed at 3 a.m. several fights broke out. He identified Waddell and said he attempted to throw punches before he fell and sustained abrasions and cuts to his face. Photos of these injuries were then presented.

Kopko then cross-examined Zorovic and first asked whether he had discussed his statement with the prosecutor before his appearance. After giving several uncertain answers, Zorovic said that was the case. After questioning Kopko about the events immediately before Waddell’s arrest, Zorovic said he remembered “bits and pieces.”

“Is there a defect in your memory?” Kopko asked before requesting that Zorovic’s testimony be disregarded due to his alleged “incompetence” as a witness. The request was rejected.

“The evidence proves that [well-criticized] Fact about police dishonesty,” Kopko wrote to Pipe Dream on Tuesday morning. “The body camera footage shows white men behaving in a disorderly manner. The police do nothing. Mr. Waddell tries to stop everyone from fighting and the police catch him. It is clear from the witness statement that the police cannot bring themselves to tell the truth.”

He mentioned an attorney general report that found excessive force was used during the arrest. The City of Binghamton rejected its findings and conclusions in August.

Battisti then called Nicholas Delanoy, a three-year patrolman, who made a similar statement to Zorovic. Delanoy was the officer who assisted Kaczynski in arresting Waddell that night.

“I was able to observe Ptl. Kaczynski is attempting to take the man later identified as Hamail Waddell into custody,” Delanoy wrote in a narrative supplement to his report that the defense provided to Pipe Dream last Friday in response to an email. “I observed that Waddell Ptl was physically resisting. Kaczynski. I then supported Ptl. Kaczynski by securing Waddell’s left arm.”

The prosecutor’s office did not respond to a similar email.

After a break of about an hour and a half until 1:15 p.m., Daniel Keller, a recently promoted lieutenant, took the stand and described his efforts, along with Kaczynski, to get Waddell into a police car after his arrest. During his cross-examination, Kopko asked whether Keller had asked about the injuries Waddell sustained to his face, to which he replied that he had done so later that evening but was not at the scene.

The prosecution’s final witness was Patrolman Jeremiah Terwilliger, who responded to the scene in the van. He testified that after his arrest, Waddell began kicking the cage, which he described as “disorderly and aggressive.” The defense did not cross-examine him.

After the charges were rested, Kopko again filed a motion to dismiss the case, arguing there was no evidence as to what Waddell “knew, saw or understood” when he was arrested and taken into custody. Because the prosecution lacked sufficient evidence of Waddell’s intent to resist arrest or disorderly conduct, there was “no evidence beyond a reasonable doubt,” according to Kopko.

Battisti replied: “These arguments are not valid” and “It is enough that this knowledge was deducible.” Pelella reserved his decision on the application.

Kopko called Nathaniel Thomas, a longtime friend of Waddell’s, to the stand, who testified that he saw two men attacking another friend as Waddell approached. At one point, he said, Waddell said to “stop fighting.”

During Battisti’s cross-examination, Thomas said he stayed nearby during a physical altercation and saw Waddell lunge at a person. “Yes,” he replied when Kopko asked if he felt “imminent fear” of an attack at that moment.

The defense then called Waddell himself to the stand, an unusual occurrence in criminal trials. Defendants typically do not testify in their own defense because they have the right not to incriminate themselves under the Fifth Amendment.

After taking his place on the witness stand, Waddell became emotional and a recess was called. A few moments later, just after 2 p.m., Pelella adjourned the proceedings to give the defense time to reformat their video evidence onto a USB stick.

The trial continues Thursday morning in Binghamton City Court at Governmental Plaza in downtown Binghamton.