U.S. District Judge Kurt Engelhardt granted a new trial for five former New Orleans Police Department officers who were convicted in the deadly shootings at the Danzinger Bridge just days after Hurricane Katrina struck, with its ensuing cover-up, NOLA.com reported on Tuesday.
Citing 'grotesque' misconduct by federal prosecutors in a scathing 129 page order, the new trial seeks potential retribution for the careers of Kenneth Bowen, Robert Gisevius, Robert Faulcon, Arthur Kaufman and Anthony Villavaso, all of whom were tried and convicted on August 5, 2011 by the New Orleans Federal Court. The Times Picayune reported. Kaufman was convicted of orchestrating the cover-up, since he had been assigned to investigate the shootings, news reports said.
"The government's actions, and initial lack of candor and credibility thereafter, is like scar tissue that will long evidence infidelity to the principles of ethics, professionalism, and basic fairness and common sense necessary to every criminal prosecution, wherever it should occur in this country." Judge Engelhardt said.
The Danzinger Bridge shootings took place on September 4, 2005, six days after Hurricane Katrina struck New Orleans. Members of the NOPD killed 17-year-old James Brissette and 40-year-old Ronald Madison. Four others were also wounded, as all victims were reportedly unarmed.
Judge Englehardt specifically said prosecutors did "highly unusual, extensive and truly bizarre actions" like leaking comments to media outlets, which were then posted by members of the U.S. Attorney's office in online forums, WDSU TV reported.
"The public must have absolute trust and confidence in this process. Re-trying this case is a very small price to pay in order to protect the validity of the verdict in this case, the institutional integrity of this Court, and the criminal justice system as a home. In an abundance of caution, the motion must be granted," the judge added.
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