Could a key prosecution witness in the excessive force trial of former Gwinnett police officer Robert McDonald do more harm to the state’s case than good?
Because he is testifying in exchange for avoiding prison, Michael Bongiovanni’s words will be viewed skeptically by jurors, said Atlanta defense attorney Esther Panitch, who is not involved in this case.
But there are other factors at play that make McDonald’s former supervisor and partner such a potentially volatile witness.
Bongiovanni has already figured prominently in testimony — so much so that lead prosecutor Charissa Henrich reiterated to jurors that he is not on trial.
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In his opening, McDonald attorney Walt Britt reminded them that Bongiovanni bloodied and tased 21-year-old Demetrius Hollins during a 2017 traffic stop before his client even reached the scene.
Bongiovanni was the senior officer, with nearly two decades on the Gwinnett force. During that time he reported 67 use-of-force incidents, many of which involved his Taser or fists. McDonald, in his third year with Gwinnett police, had used force in four cases — three occurred while working with Bongiovanni.
“Some would (Bongiovanni) is the more culpable person, and he got a sweet deal,” Panitch said.
Yet Bongiovanni could still be an effective witness for the state if he takes responsibility for his actions, she said. He pleaded no contest to charges McDonald still faces: aggravated assault, battery and violation of oath of office.
McDonald, responding to Bongiovanni’s call for help, was simply doing his job, Britt said.
Henrich said McDonald’s actions were that of a “vigilante,” not a law enforcement officer.
“(Hollins) is on the ground, he’s in handcuffs, he’s bleeding and he has a gun put to his head by this man,” the prosecutor said. “That’s what this case is about.”
Britt indicated Friday that McDonald, facing up to 26 years in prison, will testify.
Testimony resumes Monday in Gwinnett Superior Court.
