Mamadou Diallo, 61, had faced assault and weapons charges after bludgeoning Earl Nash to death last May as the brute tried to rape Diallo’s wife inside their apartment.
Diallo’s family burst into cheers as Bronx Supreme Court Justice Marc Whiten signed off on the dismissal, while heroic husband sat stoically in court.
“There could be no joy in a circumstance such as this,” the judge said. “Mr. Diallo, you are free to go.”
Outside the courtroom, Diallo, who cried with his wife when he was informed of the dismissal Wednesday morning, seemed relieved.
“I’m happy for the American justice, and it’s the best way in the world, that’s what I say,” he said.
“These last three months — too hard for me. Some people tell me I am a killer. That’s hard for me,” he said, adding that he lost his TLC license and is out of work.
“I think they did the right thing because he was defending me. That’s what a husband does,” she said.
The deal was brokered after consulting Nash’s family, prosecutors said in court.
“We truly believe that both the Nash and the Diallo family have suffered a great deal of pain as a result of May 30, 2016,” the Nash family wrote in a statement that prosecutors read Wednesday.
“While we cannot undo the damage that was done that evening, we hope to bring some closure not only to our family but to the Diallo family as well. As such, we wholeheartedly recommend that District Attorney Clark dismiss all charges against Mamadou Diallo.”
Diallo was searching for a parking spot outside his Claremont Village home when he received a frantic phone call from his wife, Nenegale, who had just been attacked by the career criminal.
The livery cab driver grabbed a tire iron and beat Nash, 43, as he confronted the pervert in the elevator of the building.
Nash later died at a hospital and his death was ruled a homicide in August, prosecutors said.
“We waited for three months for the autopsy results and after a thorough investigation as well as discussion with the deceased’s family, we have determined that no grand jury action is warranted,” said Bronx DA Darcel Clark in a statement.
Diallo, who is originally from Guinea, also expressed his condolences to the Nash family but insisted, “My religion doesn’t allow me to kill somebody. I don’t want to kill.”
Outside the courtroom, Diallo’s daughter Binta, 30, grinned ear to ear about the news. “I feel great, I feel awesome. My dad is a free man,” she said.
She thanked the Nash family for supporting the dismissal of charges.
“We feel sorry for their son and we really appreciate it,” she added. “I’m hugging my dad the whole day. I’m so happy.”
Binta’s 16-year-old brother, Abdoul, was also elated.
“I am going home to celebrate. I’m going to eat a lot of goat and give my dad a hug,” he said.
Diallo’s lawyer Anthony Michaels called the entire ordeal a “nightmare” but said Wednesday’s resolution was “totally gratifying.”
“I think this is the right decision for everyone,” Michaels said. “I guarantee you he will never get in trouble again.”
Michaels also said that the DA’s Office plans to help the Diallo family find a new apartment because “this building has horrible memories for them” and they are “quiet people who want to put this behind them.”
Keep these in mind as you contemplate the direction of the American government over the past 50 years and especially since the Obama election.
The Goals of Communism
(as read into the congressional record January 10, 1963, from "The Naked Communist" by Cleon Skousen)
1. U.S. acceptance of coexistence as the only alternative to atomic war.
2. U.S. willingness to capitulate in preference to engaging in atomic war.
3. Develop the illusion that total disarmament of the United States would be a demonstration of moral strength.
4. Permit free trade between all nations regardless of Communist affiliation and regardless of whether or not items could be used for war.
5. Extension of long-term loans to Russia and Soviet satellites.
6. Provide American aid to all nations regardless of Communist domination.
7. Grant recognition of Red China. Admission of Red China to the U.N.
8. Set up East and West Germany as separate states in spite of Khrushchev's promise in 1955 to settle the German question by free elections under supervision of the U.N.
9. Prolong the conferences to ban atomic tests because the United States has agreed to suspend tests as long as negotiations are in progress.
10. Allow all Soviet satellites individual representation in the U.N.
11. Promote the U.N. as the only hope for mankind. If its charter is rewritten, demand that it be set up as a one-world government with its own independent armed forces. (Some Communist leaders believe the world can be taken over as easily by the U.N. as by Moscow. Sometimes these two centers compete with each other as they are now doing in the Congo.)
12. Resist any attempt to outlaw the Communist Party.
13. Do away with all loyalty oaths.
14. Continue giving Russia access to the U.S. Patent Office.
15. Capture one or both of the political parties in the United States.
16. Use technical decisions of the courts to weaken basic American institutions by claiming their activities violate civil rights.
17. Get control of the schools. Use them as transmission belts for socialism and current Communist propaganda. Soften the curriculum. Get control of teachers' associations. Put the party line in textbooks.
18. Gain control of all student newspapers.
19. Use student riots to foment public protests against programs or organizations which are under Communist attack.
20. Infiltrate the press. Get control of book-review assignments, editorial writing, policymaking positions.
21. Gain control of key positions in radio, TV, and motion pictures.
22. Continue discrediting American culture by degrading all forms of artistic expression. An American Communist cell was told to "eliminate all good sculpture from parks and buildings, substitute shapeless, awkward and meaningless forms."
23. Control art critics and directors of art museums. "Our plan is to promote ugliness, repulsive, meaningless art."
24. Eliminate all laws governing obscenity by calling them "censorship" and a violation of free speech and free press.
25. Break down cultural standards of morality by promoting pornography and obscenity in books, magazines, motion pictures, radio, and TV.
26. Present homosexuality, degeneracy and promiscuity as "normal, natural, healthy."
27. Infiltrate the churches and replace revealed religion with "social" religion. Discredit the Bible and emphasize the need for intellectual maturity which does not need a "religious crutch."
28. Eliminate prayer or any phase of religious expression in the schools on the ground that it violates the principle of "separation of church and state."
29. Discredit the American Constitution by calling it inadequate, old-fashioned, out of step with modern needs, a hindrance to cooperation between nations on a worldwide basis.
30. Discredit the American Founding Fathers. Present them as selfish aristocrats who had no concern for the "common man."
31. Belittle all forms of American culture and discourage the teaching of American history on the ground that it was only a minor part of the "big picture." Give more emphasis to Russian history since the Communists took over.
32. Support any socialist movement to give centralized control over any part of the culture--education, social agencies, welfare programs, mental health clinics, etc.
33. Eliminate all laws or procedures which interfere with the operation of the Communist apparatus.
34. Eliminate the House Committee on Un-American Activities.
35. Discredit and eventually dismantle the FBI.
36. Infiltrate and gain control of more unions.
37. Infiltrate and gain control of big business.
38. Transfer some of the powers of arrest from the police to social agencies. Treat all behavioral problems as psychiatric disorders which no one but psychiatrists can understand.
39. Dominate the psychiatric profession and use mental health laws as a means of gaining coercive control over those who oppose Communist goals.
40. Discredit the family as an institution. Encourage promiscuity and easy divorce.
41. Emphasize the need to raise children away from the negative influence of parents. Attribute prejudices, mental blocks and retarding of children to suppressive influence of parents.
42. Create the impression that violence and insurrection are legitimate aspects of the American tradition; that students and special-interest groups should rise up and use united force to solve economic, political or social problems.
43. Overthrow all colonial governments before native populations are ready for self-government.
44. Internationalize the Panama Canal.
45. Repeal the Connally reservation so the United States cannot prevent the World Court from seizing jurisdiction over nations and individuals alike.
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