Judge Throws Out Officers’ Convictions in Killings After Hurricane Katrina
Source: NYT
NEW ORLEANS Citing grotesque prosecutorial misconduct on the part of federal lawyers here and in Washington, a judge on Tuesday threw out the 2011 convictions of five former police officers who had been found guilty in a momentous civil rights case of killing two citizens and engaging in an extensive cover-up in the days after Hurricane Katrina.
In a heated 129-page decision, Judge Kurt D. Englehardt of Federal District Court here declared that federal prosecutors had created a prejudicial, poisonous atmosphere in making anonymous online comments before and during the trial at nola.com, the Web site of The Times-Picayune, and ordered a new trial for all five officers.
The decision represented the collapse, for now, of a case that was seen as symbolizing both the profound breakdown of law and order after the hurricane and a deep rot within the citys police department that dated back well before the storm.
While a scandal over anonymous online commenting had already cut short the federal careers of two local prosecutors and the United States attorney himself, Tuesdays decision identified another, previously unknown commenter: a veteran lawyer in the Department of Justice in Washington who had a role in preparing the case for trial.
Read more: http://www.nytimes.com/2013/09/18/us/judge-throws-out-officers-convictions-in-killings-after-hurricane-katrina.html?hp&_r=0
Suich
(10,642 posts)Wiki says Englehardt was the judge who originally sentenced them...am I missing something?
davidpdx
(22,000 posts)but then again so is what the prosecutors did. They were idiots to risk a case by posting anonymous comments on the website of a newspaper. I wonder if they can be retried or if the case is so tainted now that no one would dare try to prosecute it.
Trillo
(9,154 posts)It is easy to presume that federal attorneys were "idiots", but if they were idiots, would they have gotten through law school?
davidpdx
(22,000 posts)Smart people can do dumb things. Maybe they aren't idiots per se, but they acted like idiots.
Downwinder
(12,869 posts)philosslayer
(3,076 posts)And the massive coverup of Bush's crimes against humanity in NOLA continues
Spitfire of ATJ
(32,723 posts)DallasNE
(7,403 posts)Judge Englehardt is the Judge that sentenced these men following the trials but the weird part is that he then chewed out the prosecutors for plea-bargaining for highly lenient sentences. Now he reverses course and blasts those same federal prosecutors for creating a "prejudicial, poisonous atmosphere" in talking to the media. This sounds like judicial error since the Judge can at any time issue a gag order to prevent just what he is complaining about here. And what about the obvious conflict of interest that a Judge can overturn a conviction that he presided over. One would hope that this ruling is appealed and overturned. But then Judge Englehardt was appointed by none other than George W. Bush.
http://radaronline.com/exclusives/2012/04/new-orleans-cops-sentenced-katrina-killings-danziger-bridge/
Ash_F
(5,861 posts)This is why we need another 8 years of Democratic presidency.