New trials set for officers in Glover killing, cover-up

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wwltv.com

Posted on January 22, 2013 at 5:14 PM

Updated Tuesday, Jan 22 at 8:01 PM

Brendan McCarthy / Eyewitness News
Email: bmccarthy@wwltv.com | Twitter: @bmccarthyWWL

NEW ORLEANS -- Two former New Orleans police officers convicted in the Henry Glover police killing and cover-up will have new trials in March.

Former NOPD Lt. Travis McCabe, who was convicted of writing a false report, is set for trial on March 11, according to a notice filed Tuesday in federal court.

Meanwhile, David Warren, convicted of manslaughter in the post-Katrina shooting, is scheduled for trial a week later.

U.S. District Court Judge Lance Africk threw out McCabe's conviction in May 2011, ruling that newly discovered evidence warranted a new trial. Last month, an appellate court affirmed Africk's decision.

That new evidence is an earlier draft version of the police report that McCabe was convicted of altering.

McCabe’s attorney, Mike Small, said Tuesday that he intends to seek a new venue, outside of the New Orleans metro area, for the second trial.

In Warren’s case, a federal appeals court ruled last month that he was due a new trial. The appellate court panel determined that Warren should have been tried separately from his peers.

Warren’s attorney, Richard Simmons, declined to comment.

In last month's ruling, the appellate panel also found that a third convicted former officer, Greg McRae, should have some, but not all, of his convictions overturned.

McRea, who incinerated Glover’s body in a car following Warren’s shooting, had been sentenced to 17 years in prison. He remains convicted of one count of obstruction of justice and one count of using fire to commit a felony. The appeals court ruled that he should be resentenced on these remaining two convictions.

McRae’s resentencing was set today for July 25. He remains in federal prison.

Two former NOPD lieutenants -- Robert Italiano and Dwayne Scheuermann -- were acquitted in the initial December 2010 trial.

 

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