I met Margarita and Tony Rosario at a protest in NYC where Margarita was speaking about her case and some details surrounding the incident. Her story being unbelievable, I waited to speak with her in person after the rally. Upon speaking with her, I realized that here was a woman who was dealing with such pain and negativity and was courageously able to channel this energy into something positive. I immediately was interested in doing further research on the case on my own. After comprehensive research, I realized that what exists is not far from what the family is claiming and so this is when I decided to make a film about her relentless battle. With literally no money and donated stock and equipment, we began filming in 1999 and by the fall of 2000, we (editor: David Moore and myself) prepared a rough cut which I took to Jonathan Stack, of Gabriel Films. Jonathan took an interest in the project and from then we agreed on a joint co-production. We completed the film on Nov. 2001 and had our European premiere at IDFA (International Documentary festival of Amsterdam) and then had our wonderful US premiere at the HRW festival at Lincoln Center in June 19th, 2002. We are anticipating a theatrical release sometime in late October 2002 in NYC.

I knew I had two stories to tell- first to expose to the viewers in a dramatic fashion what hard evidence was available regarding the incident so that the audience can then resort to their own judgment about what may have happened on the evening of January 12th, 1995 and the months following. And second and more importantly, to delve into the human aspects of the story and how the family managed to not only get through the hardship but how it affected them in their personal lives.

Of course working so closely with anyone can create a bond regardless of the circumstances and so I have to say that in the course of this experience, I have become naturally closer to them but I should also emphasize the fact that our relationship never got in the way of the project, and in fact all they wanted for me was to present to the audience the details of the case regardless of its consequences.

- How did you feel the first time you saw some of those forensic photos? The video footage from the police interviews?

When I got hold of the crime scene photos of the deceased, I knew it was important for the audience to see for themselves what was in front of me, but I also knew it was going to be a difficult decision for the family. I scheduled several meetings with Margarita and Tony in the hopes of convincing them of the importance of the world seeing these crime scene photos. They both agreed, even with the idea that once the photos were in the film, they would never be able to view the film in its entirety.

The most difficult part for us was getting the story structure right. From a filmmakers perspective, this aspect had to be satisfactory to me. The elements were all there but how to put the pieces together to tell the story in a dramatic fashion became an ordeal. We toiled over the structure for over 12 months until we were totally satisfied.

Do you believe that people heal through activism in this situation? And if yes, how so?

I don't think anything can bring back the loved ones lost. The system cannot even guarantee "justice." The only option left for the families is to fight back - to become active in order to bring their cases to the people because they know that the people would understand their struggle.

Over time, they develop an understanding of the system that took their loved ones, the widespread nature of the problem (it's not just happening to them), and the historic struggle to address police brutality. At certain points, every mother has said that in addition to continuing to focus on their own loss, "I don't want any other mother to have to go through this." and this is another reason some of the parents have become active.

By bringing the families together to share experiences, learn, plan and strategize, we build a "beloved community" and an engaged community. Each family draws strength from the others. They all draw strength from their collective presence, power, and impact.

To honor their loved one's memory and to advance their justice struggle, each family member is forced to become part of a collective process, grow politically, speak publicly, and confront powerbrokers, politicians and police. This is part of an empowerment process that helps them heal and reassert their humanity and self-worth.

"Blaming the victim" is an old tactic. In terms of police brutality, it is one of the first things that happens after an incident as noted in our film. The logic seems to be: if we can dehumanize the victim or make it seem like they brought this on themselves, then we justify the police's actions. Bringing out the victim's past (and what difference does that make? The cop didn't know any of this beforehand any way) is an attempt at character assassination. Its goal is to make the public turn a blind eye and deaf ear. Another aspect of this character assassination is to extend it to the family as Giuliani does in our film blaming Margarita for raising a criminal.

This tactic draws upon existing negative stereotypes of "dysfunctional poor families" and "communities of pathologies" that have long existed and continue to exist in U.S. society. With the widespread civil rights abuses in the NYPD stop-and-frisk, "zero tolerance" policing campaign, the number of youth of color that have contact with the criminal justice system has increased dramatically. Even minor contacts (i.e., sneaking into the train) are used later if serious injuries are inflicted. The victim's so-called "criminal record" is trotted out and often falsified, as was done in Anthony Rosario's record in our film.

- How would you describe some of the dynamics that occur when a family does lose a child to police brutality, based on your observations while making the film?

I think there are various factors. One, it totally shatters the family's perspective of the world because suddenly they find themselves mistrusting every element of society. When one feels betrayed by a social structure that one trusts and respects, it can be extremely devastating. What I also learned is that if any of the families made the choice of taking their case to the public, they are also making the choice of reliving the moments of their loss over and over again because wherever they go, the first question that comes up is 'What happened?' and in the course of this story, the family once again relives their nightmare.

- If someone wanted to learn more and/or get involved, what would you suggest they do (an action, a link, an organization)?

I would suggest that they contact our website www.realityfilms.net We will have available many links to various organizations that deal with these issues and anyone who is interested in getting involved can contact them. There will also be information on how people can get involved in publicizing the film in their communities by holding screenings that can raise discussions between the community and the police.

HRW: With all the cases of alleged police brutality in New York, what made you choose to tell this one?

Stack: The thing that was compelling about Margarita was that she wasn’t a victim. It’s really about her transformation, how she was transformed from a housewife into a political activist instead of giving in to the sorrow or loss of her son. She takes her pain and converts it into energy and political activism. It gave us a way to tell this story about what was going on in New York, that had an ending that gave you a sense of hope through her realization that she wasn’t alone. In transforming herself she helped to transform the city.

HRW: How did you research this case?

Osman: Well, I began researching this case long after it occurred. I met the family in 1997, and they already had lots of information. I met Margarita at a rally.

HRW: What cooperation did you get from the NYPD?

Osman: Not very much. Our ideal film was to have the officers tell their side, tell the audience what they felt and what they went through. We didn’t want to have a film that was one-sided. We tried very hard to get the officers to talk. They’re still welcome to talk.

Stack: The film was an investigation. Margarita had made it her mission to find the answers. And we also had access to the research that the city had done through the Civilian Complaint Review Board. We spent an incredible amount of time and effort trying to hear the other side of the story. It was frustrating: we never got to hear from the officers who pulled the trigger.

Osman: We did finally get Thomas Scotto (the president of the detectives union), who spoke on their behalf.

HRW: What did you learn from making this film about how the system works?

Osman: I didn’t think that a situation like this was possible. What I did learn in the process is that our democratic ideals are in jeopardy. I’m not into politics—I’m a filmmaker. Margarita’s son and nephew were shot. Regardless of what you believe happened, the NYPD closed the case in seven days. The average person looks at their files, and it just doesn’t seem thorough. As a citizen that concerns me, that things like this occur in a democratic society. But I do have faith in our system—we do have checks and balances—but I think when it comes to the police force the people deserve more checks and balances.

Stack: I learned that the system has an energy of its own that can sometimes work against the principles that are the very reason for existence. I do not believe that the police officers set out to kill the kids that day. It doesn't make any sense. Yet, as soon as it happened, the system immediately began to protect them. I think the opposite. As soon as there's a civilian shot by a police officer there should be an independent investigation. Most citizens understand the dangers of law enforcement and accept that shootings will occur, but we also need to have faith that the men and women who are meant to protect us don't work against us.

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