Kenny Lazo wrongful death trial against Suffolk police, county begins with opening statements in Central Islip

A lawyer for the family of Kenny Lazo argued that the time for justice had arrived 15 years after the Bay Shore man's death as part of what he called a high-level and extensive cover-up of police brutality.

But a lawyer for the police contended that Lazo, who was 5-foot-6 and weighed 250 pounds, suffered a heart attack after he resisted police attempts to subdue him.

Lazo’s family is seeking $55 million in damages and $100 million in punitive damages in the lawsuit. He died on April 12, 2008, after he was arrested following a traffic stop. Police suspected him of drug dealing.

 A Suffolk County grand jury declined to bring charges against the five officers in November 2008, seven months after Lazo’s death.

Lazo’s son, Kenny Lazo Jr., was 5-years-old when his father died. Now 21 and a college student, he sat with attorney Frederick Brewington at the plaintiffs’ table in federal court in Central Islip.

Across from them were current or former Suffolk County police officers named in the case: William Judge, John Newton, James Scimone, Christopher Talt and Joseph Link.

Brewington told the jury that after years of a cover-up, they now had a chance to bring the police to account for their actions that night.

“It’s a long time coming,” Brewington said. The police are supposed to “protect and serve,” he said, “not beat and kill.”

Lazo, he alleged, was “beaten to death” with heavy flashlights.

The police “didn’t care about Kenny Lazo,” Brewington said. “There was no accountability and these officers knew it.”

But Marc Lindemann, an attorney for Suffolk County who is representing the police, said Lazo’s death was a tragic event for which the police cannot be blamed.

“There was no unlawful action” by the police, he said. “Their level of force was justified and reasonable.”

Lazo got into an altercation with police near an exit ramp on the Southern State Parkway about 8 p.m. He had been under surveillance in his blue Cadillac because of suspected drug dealing that night, Lindemann said. After police pulled him over, Lazo elbowed one officer, reached for another officer’s gun, and tried to flee as they tackled him, he said.

The scuffle was so intense one officer bit Lazo in the buttocks to try to subdue him, Lindemann said. They had to double handcuff him. Police found 40 grams of cocaine and $2,000 on Lazo, Lindemann said. “He had a reason to be anxious,” he said.

Brewington said Lazo was face down on the side of the road during the encounter. When he was taken to Third Precinct headquarters he was not asked if he needed medical attention, Brewington said. He was stripped down to his underwear, still handcuffed.

Lazo was found unresponsive on the floor of a holding cell at approximately 9 p.m. At 9:25, he was taken to Southside Hospital, where he was pronounced dead at 9:45, Brewington said.

An autopsy conducted by the Suffolk County medical examiner determined that Lazo died from cardiac arrest “following exertion associated with physical altercation with multiple blunt impacts.” It also concluded that obesity was a factor in Lazo's death.

An expert who reviewed the autopsy concluded that Lazo’s hands were cuffed behind his back and he was on his stomach for much of the incident, according to Brewington. 

At one point during testimony on Tuesday, the courtroom saw the unusual spectacle of Brewington lying face down on the floor as police officer Judge got on top of him and demonstrated how he tried to restrain Lazo. He showed how he elbowed Lazo twice as Lazo tried to grab his gun, and how he hit Lazo in the head with his flashlight between three and five times.

Brewington attempted to point out inconsistencies in Judge's testimony compared to previous statements, and emphasized how police did not take the unarmed Lazo to the hospital immediately after his injuries.

Judge said he was in a struggle to control Lazo and keep his gun, and explained why he bit his buttock. "His butt was in my face and it was just an act of desperation," Judge said.

Outside of court, Lazo's son said he was pleased the case has finally reached the courtroom. "It feels like a long time overdue," he said.

His mother, Jennifer Gonzalez, said the defendants are "going to try to portray him (Lazo Sr.) to be a monster. He was never close to being a monster … He was full of life, a happy person, a loving person."

She and other relatives held up photographs of Lazo's bruised face after the encounter.

The suit also names the county and the police department as defendants.

The trial continues Wednesday in Central Islip.

CORRECTION: Jennifer Gonzalez, the mother of Kenny Lazo, said the defendants would portray her son "to be a monster." An incorrect term was used to describe the defendants in a previous version of the story.