Criminal Podcast: "The Man Nobody Killed"
Host: Phoebe Judge
Network: Vox Media Podcast Network
Release Date: July 11, 2025
Description: Criminal delves into stories about people who’ve done wrong, been wronged, or found themselves caught in the middle. In the episode titled "The Man Nobody Killed," Phoebe Judge explores the tragic case of Michael Stewart, a young artist whose encounter with the New York City Transit Police in 1983 led to his untimely death and sparked significant discourse on police brutality.
1. Introduction to Michael Stewart and the 1980s East Village Scene
Phoebe Judge sets the stage by introducing Michael Stewart, a young black artist and model who was part of the vibrant East Village art scene in the early 1980s. Michael was known for his modeling work with renowned designer Diane Brill and his involvement in the avant-garde community.
Quote:
"Michael Stewart was a young black man. He was tall, 5 foot 11, about 140 pound. He was gorgeous. He was modeling for Diane Brill, the queen of the night."
—Unnamed East Village Artist [02:22]
Michael balanced his artistic pursuits with various jobs, including working at a phone company and as a busboy in a nightclub. Despite his creative talents, he struggled with assertiveness, which eventually led to him being fired from his busboy position.
2. The Night of September 14, 1983
On the night in question, Michael attended a party at the Pyramid Club, a central hub for artists and creatives in the East Village. Unable to gain entry to his intended venue, he and a friend named Patricia Pesci relocated to the Pyramid Club.
Quote:
"The Pyramid Club was sort of the center of the universe. Anybody who was an artist or filmmaker in the East Village would orbit around the space."
—Unnamed East Village Artist [04:23]
After spending about an hour at the club, Michael and Patricia left together. As Michael walked alone towards his home in Fort Greene, a transit policeman named John Kostick detained him for allegedly defacing a subway wall with graffiti.
3. Arrest and Assault
The arrest escalated quickly. Witness Robert Rodriguez, an auxiliary police officer, testified witnessing Michael being assaulted as he was led out of the subway station.
Quote:
"We started hearing this kind of crying out, help me, Help me, police. Help me. ... They would just start hitting them and beating them..."
—Patricia Pesci [11:06]
Michael was aggressively handled by multiple officers, resulting in severe head trauma. He was transported to Bellevue Hospital in critical condition but never regained consciousness.
4. Medical Examination and Suspicion of a Cover-Up
At Bellevue Hospital, doctors noted significant injuries on Michael, including swelling on his head. However, the chief medical examiner, Elliot Gross, initially attributed his death to cardiac arrest and bronchopneumonia, sparking suspicions of a possible cover-up.
Quote:
"The autopsy demonstrated no evidence of physical injury resulting or contributing to death."
—Elliot Gross [27:08]
Michael's mother, seeking answers, enlisted Suzanne Mallouk—a girlfriend connected to artist Jean-Michel Basquiat—to investigate. Suzanne's photographs of Michael's injuries contradicted the official statements, indicating possible foul play.
5. Community Response and Protests
The East Village community, including prominent figures like Madonna and Keith Haring, rallied in support of Michael and his family. Protests were held, highlighting the rampant police brutality in New York City during that era.
Quote:
"He was really fragile."
—Madonna [24:11]
Keith Haring and other artists donated proceeds to Michael's family, further galvanizing the community's outrage against the systemic abuse by law enforcement.
6. The Legal Battle and Grand Jury Indictments
District Attorney Robert Morgenthau's office pursued charges against the officers involved. Initially, a grand jury indicted officers on multiple charges, including manslaughter. However, the integrity of the grand jury was compromised when juror Ronald Fields conducted an unauthorized investigation, leading to a mistrial and a second, weaker indictment for criminally negligent homicide.
Quote:
"The officers were charged with criminally negligent homicide for failing to prevent his death."
—Unnamed East Village Artist [42:45]
The trial was marked by aggressive defense tactics that discredited witnesses and cast doubt on the cause of Michael's death. Ultimately, all officers were acquitted of the more serious charges.
7. Broader Implications and Cultural Reflections
Michael Stewart's case shed light on the pervasive issue of police brutality in the 1980s. It influenced cultural works, most notably Spike Lee's Do the Right Thing, which includes a character inspired by Michael's ordeal.
Quote:
"The infamous Michael Stewart choke hold. ... includes a dedication to the families of victims of police brutality, including Michael Stewart."
—Phoebe Judge [48:08]
The case also intersected with other high-profile incidents, such as the Bernard Goetz subway shooting, illustrating the tense and often violent relationship between New Yorkers and law enforcement during that period.
8. Aftermath and Legacy
In 1990, Michael's family settled a lawsuit for $1.7 million, though the city maintained no wrongdoing. Michael's father passed away in 2002, while his mother continues to reside in Brooklyn. The Guggenheim Museum honored Michael's legacy in 2019 by showcasing his artwork alongside pieces by Basquiat and Haring, emphasizing his voice amidst the tragedy.
Quote:
"I didn't want to make him into a myth. I thought the best way to do that was to take a step back and let him speak for himself."
—Curator at Guggenheim Museum [26:46]
Michael Stewart's story remains a poignant reminder of the struggles against systemic injustice and the enduring impact of individual lives lost to unchecked authority.
Conclusion
"The Man Nobody Killed" is a compelling exploration of Michael Stewart's life, his tragic encounter with the NYPD, and the broader societal issues it encapsulated. Through detailed storytelling and firsthand accounts, Criminal sheds light on a pivotal moment in New York City's history, offering listeners a nuanced understanding of the complexities surrounding police accountability and community activism.
Notable Quotes:
- "Michael was a quiet, contemplative person who did not talk unless he had something to say." —Unnamed East Village Artist [03:13]
- "He could have just put him in handcuffs and taken him away, but then they tied him up." —Patricia Pesci [12:13]
- "He wants ordinary people, subway riders, to see his stuff. Art for the people, all for the price of a subway token." —Patricia Pesci [25:15]
Further Resources:
- Book: The Man Nobody Killed by Elon Green
- Exhibits: Guggenheim Museum's 2019 tribute to Michael Stewart
- Related Episodes: Criminal explores similar themes in other episodes available on thisiscriminal.com