A federal judge vacated convictions against David Warren.
Warren was found guilty of shooting Glover after Katrina in Algiers.
A former New Orleans Police Officer convicted in the death of the Henry Glover will go before a federal judge Thursday morning to ask for a new trial. Former Lt. Travis McCabe’s lawyers say they’ve found new evidence that shows he’s innocent.
U.S. District Judge Lance Africk will hear arguments from both sides at 8 a.m. to with newly discovered evidence that could help the former cop.
According to court documents, McCabe learned about the new evidence on January 6th, 2011, after the conclusion of the trial, and soon after filed a motion requesting either a new trial or acquittal on all counts.
McCabe was convicted on December 9, 2010 for filing a false police report and lying to the FBI in the shooting death of Henry Glover, but his attorneys say the newly discovered draft copy of the original police report narrative supports his innocence.
Fellow officer David Warren was found guilty for wrongly shooting Henry Glover from the balcony of an Algiers strip mall in 2005 in the hectic months following Hurricane Katrina. Another officer, Greg McCrae was convicted of burning Glover’s body in a car behind the 4th District Police Station.
The report was a pivital issue for the jury during the trial.
David Warren and Gregory McRae, two former New Orleans Police officers, will be spending long stretches in federal prison after juries found them guilty of killing and burning Henry Glover in the days after Hurricane Katrina.
Judge Lance Africk sentenced David Warren to 25 years and 7 months for gunning down Glover on September 2, 2005.
Judge Africk dismissed notions that police were under too much stress in the wake of the storm. He told Warren, “You and Henry Glover were both living through the same horrible aftermath of Katrina. You were not forced to respond to Henry Glover with deadly force. The constitution was not suspended during Katrina.”
Another former officer convicted in the case, Gregory McRae, was sentenced to 17 years and 3 months for burning Glover’s body in a car after the shooting. “Your conduct was barbaric and had the stench of a cover up,” the judge told McRae.
McRae faced a possibility of up to 50 years in prison; Warren could have been sentenced to life.
Henry Glover’s family was not satisfied with today’s sentences. “I don’t like this,” said Glover’s aunt, Rebecca Glover. “This is like a slap on the wrist. How do you give somebody 26 years for killing somebody and 17 for burning the body? I mean, this is a joke.”
There is one more former officer who has not been sentenced. Travis McCabe was convicted of falsifying a police report. His lawyers are seeking a new trial.
From the New Orleans Police Department:
This morning, Superintendent of Police Ronal Serpas stated that due to violations of the New Orleans Police Department’s rules and regulations, Police Lieutenant Travis McCabe, a 16-year veteran of the police department, was dismissed effective today.
The administrative investigation conducted by the Public Integrity Bureau after Mr. McCabe’s convictions in Federal Court on the Henry Glover matter resulted in allegations of several departmental rule violations. These violations specifically were:
Rule 2: Moral Conduct, paragraph 1 – Adherence to Law to wit: 18 United States Code 1623 Relative to “False Statements to a Grand Jury”.
Rule 2: Moral Conduct, paragraph 1 – Adherence to Law to wit: 18 United States Code 1519 Relative to ‘Obstruction of a Federal Investigation”.
Rule 2: Moral Conduct, paragraph 1 – Adherence to Law to wit: 18 United States Code 1001 Relative to ‘False Statements”.
Rule 3: Professional Conduct, paragraph 1 – Professionalism.
Superintendent Serpas said, “After a complete review of both investigations, I determined it was in the best interest of the New Orleans Police Department and the citizens of New Orleans to dismiss Mr. Travis McCabe. There is zero tolerance in this organization for misconduct. When an officer betrays the public’s trust, swift and decisive actions will be taken. We will continue to build the public’s trust with accountability, transparency and integrity.”
Each violation of Rule 2; Moral Conduct, paragraph 1; Adherence to Law, was sustained and Mr. McCabe was dismissed from the New Orleans Police Department on each violation. Mr. McCabe’s violation of Rule 3; Professional Conduct, paragraph 1; Professionalism, was also sustained and he was disciplined with a five (5) working day suspension for that violation.
A New Orleans Police Officer, convicted of burning the body of 31-year-old Henry Glover after he was fatally shot by police in Hurricane Katrina’s aftermath, is asking a federal judge to throw out his convictions or order a new trial.
According to the Associated Press, a court filing Thursday by Officer Gregory McRae’s layers claims prosecutors failed to present any evidence that McRae knew Glover was the victim of a police shooting when he burned his body in a car on September 2, 2005.
McRae’s attorney, Frank DeSalvo, says jurors didn’t hear evidence to rationally conclude that his client tried to obstruct a probe of a police shooting.
Two other current or former officers who were convicted in the case are also asking U.S. District Judge Lance Africk for post-trial acquittals or new trials.
The Associated Press reports lawyers for the former officer, David Warren, argued in a court filing Thursday that U.S. District Judge, Lance Africk, allowed jurors to consider a manslaughter verdict along with a more serious murder charge.
Warren’s attorneys say Judge Africk didn’t give them adequate time to prepare a proper defense against manslaughter.
Warren was one of five former or current NOPD officers charged in the shooting death and alleged cover-up of 31-year-old Henry Glover.
The jury also convicted Officer Gregory McRae of burning Glover’s body and Lt. Travis McCabe of writing a false report on the shooting.
It was just last week Henry Glover’s family was rejoicing over the guilty verdicts. Three former or current members of the NOPD were found responsible for killing Glover and then covering up the crime. But the family still doesn’t have closure, because they still don’t have Glover’s skull.
Danatus King, local president of the NAACP, has been in close contact with the family. King explained, “The family has been very eloquent in expressing their feeling and it’s real personal, extending that grief, that sense of loss.”
The family has reached out to Police Chief Ronal Serpas who says he’s spread the word to his officers, if you have any information, now is the time to come forward. “We will ask every person who ever made any statement to anyone in the Glover case, we’re going to find out exactly what was said by who and what’d they say, and the skull is obviously an unresolved issue for the family as well as for the investigation.”
Glover’s relatives and Danatus King think someone took the skull to further cover up the crime. King explains, “Either those three that have been convicted participated and committed that crime of obstruction of justice or there are others out there that have committed that crime.”
Mayor Mitch Landrieu meets with the mother of Henry Glover as a community justice group demands new charges for the five current and former NOPD officers involved in his death. ABC26 News Reporter Vanessa Bolano has more.
It’s been a long journey for the Glover family. On Thursday a jury found former officer David Warren guilty of manslaughter, Officer Gregory McRae guilty of burning Henry Glover’s body, and Lt. Travis McCabe guilty of writing a false police report.
The two others charged, former Lt. Robert Italiano and Lt. Dwane Scheuermann were acquitted.
Today Henry Glover’s mother met with Mayor Mitch Landrieu who says, “It was a wonderful meeting and hopefully began part of the healing process for the city.”
Landrieu apologized to Edna Glover on behalf of the city. “It’s really important in this environment that we are in for the public to know that we are going to do it differently going forward which is why we are recreating the entire department, and the police officers are there to protect and to serve.”
Meanwhile those with ‘Community United for Change’ say justice for Glover is far from over. The group would like to see District Attorney Leon Cannizzaro pursue state charges on those five former or current NOPD officers that were in Federal Court last week.
The DA’s office asked to meet with the U.S. Attorneys office to discuss the case, but say “It is too early at this point to say if he will pursue state charges.”
W.C. Johnson with ‘Community United for Change’ also expressed disgust with how officers treat the black community in New Orleans.
Johnson says, “There is as much difference in the way whites are treated in New Orleans today as night and day.”
Johnson says the chief’s 65 point plan will not resolve problems plaguing the department. Chief Ronal Serpas has said officers who do not honor the badge or the community will be removed from the force.
The District Attorney’s office says the three men found guilty can still appeal. They will be sentenced in March.
Two of the three NOPD officers found guilty in the Henry Glover trial are free on bond until their sentencing in March. Lt. Travis McCabe and Officer Greg McRae appeared in federal court Friday morning.
Judge Lance Africk decided the two are not flight risks or pose any danger to the community.
49-year-old McRae was convicted Thursday of burning Henry Glover’s body days after Hurricane Katrina. 40-year-old Travis McCabe was convicted of writing a false report about the incident and lying to federal investigators.
Both bonds were set at $100,000.