Local News
Attorneys ask judge to drop charges in post-Katrina shootings
04:05 PM CST on Wednesday, January 3, 2007
Attorneys for two of the seven police officers charged in a deadly bridge shooting in Hurricane Katrina's aftermath asked a judge Wednesday to throw out the murder and attempted murder charges against their clients.
WWL-TV
Danziger Bridge.
The officers' lawyers argue in court papers that the charges should be dropped because they claim District Attorney Eddie Jordan reneged on partial immunity deals his office gave to several officers in exchange for their testimony before a grand jury.
Jordan's office allegedly assured the officers that their testimony couldn't be used against them. Last Thursday, a grand jury indicted the officers on murder or attempted murder charges in the Sept. 4, 2005, shootings on the Danziger Bridge that killed two men and wounded four other people.
Bruce Whittaker, an attorney for Officer Ignatius Hills, claims Jordan's office forced Hills to give up his constitutional right against self-incrimination by compelling him to testify before the grand jury.
"Officer Hills submits that this flagrant, direct and improper use of his immunized testimony requires this court to quash the indictment against him and order him released," Whittaker wrote in court papers. Hills is charged with attempted second-degree murder.
Attorney Frank DeSalvo filed a similar motion Wednesday on behalf of Sgt. Kenneth Bowen, who was indicted on a first-degree murder charge after testifying before the grand jury for about five hours.
DeSalvo said his client initially invoked his Fifth Amendment right against self-incrimination when he appeared before the grand jury in October. Jordan's office later sought a court order compelling Bowen to testify in exchange for partial immunity.
"The state cannot meet its heavy burden of proving that all of the evidence it proposes to use was derived from legitimate, independent sources separate and apart from Bowen's grand jury testimony," DeSalvo wrote.
Officer Mike Hunter Jr. is the only other indicted officer who testified before the grand jury. His attorney, Townsend Myers, was out of town Wednesday and didn't immediately file a similar motion.
Whittaker said he doesn't know if the motions to quash the indictments can be applied to the four indicted officers who didn't testify before the grand jury.
Dalton Savwoir, a spokesman for Jordan, declined to comment on the motions except to say, "It's normally the job of the defense attorneys to keep a case from going to court."
On Tuesday, more than 200 supporters gathered outside the city jail to cheer for the officers as they surrendered. The emotional supporters hugged the men and shook their hands, then shouted down several protesters who jeered the officers as they entered the jail.
Myers said his client, Hunter, was overwhelmed by the show of support.
"He's confident that when the accurate story comes out about what happened out there, the public will support him, as well," Myers said.
Bowen, Sgt. Robert Gisevius Jr., officer Anthony Villavaso II and former officer Robert Faulcon Jr., are charged with first-degree murder. Hunter and Officer Robert Barrios are charged with attempted first-degree murder.
The officers are to be arraigned Friday. At the hearing, the officers' lawyers plan to ask State District Judge Raymond Bigelow to set or reduce bail for their clients. Bigelow ruled last week that there would be no bond for the four officers charged with first-degree murder. He set bail at $100,000 per count for Hunter, Hills and Barrios.
Hunter posted bond Tuesday and was freed from jail only hours after he turned himself in. Hills was released Wednesday after posting bond. An attorney for Barrios said his client can't afford to post bond unless the judge agrees to reduce the amount.
Ronald Madison, a 40-year-old mentally retarded man, and James Brissette, 19, were shot and killed by police on the bridge.
Police say the officers were responding to a report of other officers being attacked when they came under fire. Police also claim Madison was reaching for a gun.
The coroner said Madison was shot seven times, with five wounds in the back, but the officers' attorneys said all the wounds could have come from a single shotgun blast.
Madison's brother, Lance, denies he or his brother was armed. He said they were running from a group of teens who had opened fire on the bridge when seven men jumped out of a rental truck and also shot at them without warning.
(Copyright 2007 by The Associated Press. All Rights Reserved.)
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