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

The case will resolve charges against Waddell, a Black-Asian man arrested in the early hours of New Year’s Day in 2023. After he was apprehended, a video circulated in the community that depicted the arresting officer, Brad Kaczynski, kneeling on his back and neck.

The presiding judge, William Pelella, heard testimonies from the four prosecuting witnesses and one from the defense over multiple hours. The court was adjourned until Thursday morning, when Waddell, who is charged with resisting arrest and disorderly conduct, is set to take the stand.

Waddell waived his right to a jury trial, opting instead for a bench trial, where the judge alone will decide the case’s merits.

The trial began with District Attorney Paul Battisti’s opening statement. He maintained Waddell displayed “violent and tumultuous behavior” and was detained after multiple physical altercations early that morning. The facts and evidence in this case, he said, should warrant a guilty verdict.

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

He called it “appalling that the People would try to prosecute a case without the complaining witness.” The police, he alleged further, were motivated by racial biases by arresting Waddell while ignoring white instigators of violence.

“It is all part of an institutionalized denial that is 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 that he would wait until after the trial was over.

Largely because of Kaczynski’s absence, attributed to medical issues, Kopko, after his opening statement, motioned to dismiss the charges, to which Battisti objected, saying relevant evidence had yet to be presented. Mentioning a past conference where both sides declined adjournments to address Kaczynski’s presence, Pelella denied the motion.

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 that after bars closed at 3 a.m., multiple fights broke out. He identified Waddell, saying he attempted to throw punches before falling and sustaining abrasions and cuts to his face. Photos of these injuries were then presented.

Kopko then cross-examined Zorovic, first questioning if he had discussed his testimony with prosecutors prior to his appearance. After offering several uncertain responses, Zorovic said he had. After Kopko’s questioning about the events immediately before Waddell’s apprehension, Zorovic said he recalled “bits and pieces.”

“Is there some deficiency in your memory?” Kopko asked, before motioning for Zorovic’s testimony to be disregarded because of his alleged “incompetence” as a witness. The motion was denied.

“The evidence establishes the [well-criticized] fact about police dishonesty,” Kopko wrote to Pipe Dream on Tuesday morning. “The body camera footage shows white guys being disorderly and acting out. The police do nothing. Mr. Waddell is trying to stop everyone from fighting and the police latch on to him. You can see from the testimony that the police cannot bring themselves to tell the truth.”

He mentioned a report from the state attorney general that found excessive force was used in the arrest. The city of Binghamton rejected its factual findings and conclusions in August.

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

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

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

After a roughly one-and-a-half-hour recess until 1:15 p.m., Daniel Keller, a recently promoted lieutenant, took the stand, describing his efforts, along with Kaczynski, to get Waddell into a police van after detaining him. During his cross-examination, Kopko asked if Keller had asked about the injuries sustained to Waddell’s face, to which he replied that he had later that evening but not on the scene.

The final prosecuting witness was Patrol Officer Jeremiah Terwilliger, who responded to the scene in the van. He testified that Waddell, after his apprehension, began to kick the cage, characterizing it as “disorderly and aggressive.” The defense did not cross-examine him.

After the prosecution rested, Kopko again motioned to dismiss the case, arguing there was no evidence of what Waddell “knew, saw or understood” upon being detained and taken into custody. Because the prosecution lacked sufficient evidence of Waddell’s intent to resist arrest or for disorderly conduct, Kopko charged, there was “no proof beyond reasonable doubt.”

Battisti responded, “These arguments lack merit” and “It is sufficient that such knowledge was inferable.” Pelella reserved his decision on the motion.

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

During Battisti’s cross-examination, Wells said he remained nearby throughout a physical altercation and witnessed Waddell lunge at an individual. “Yes,” he answered when Kopko asked if he felt “imminent fear” of being assaulted 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 defenses because of their Fifth Amendment right against self-incrimination.

After taking his seat in the witness box, Waddell became emotional, and a recess was called. A few moments later, shortly after 2 p.m., Pelella adjourned the proceedings to give the defense time to reformat their video evidence onto a thumb drive.

The trial will resume Thursday morning in Binghamton City Court at the Governmental Plaza in Downtown Binghamton.