Paul Murphy / Eyewitness News
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NEW ORLEANS -- The judge in the so-called Glover case is refusing to recuse himself from the retrial.

In that case former New Orleans Police Department Officer David Warren was convicted of shooting an unarmed Henry Glover and killing him in the days after Hurricane Katrina. Glover's body was later burned behind a levee in Algiers by another former police officer.

The 5th U.S. Circuit Court of Appeals ordered a new trial ruling that Judge Lance Africk should have separated his trial from four other officers charged in Glover's 2005 death and an alleged cover-up.

Warren filed a motion asking the Africk to step down from the case, arguing he made comments on the case that could call his impartiality into question.

Wednesday, Africk denied that motion, stating that the remarks made during Warren's sentencing, criticizing the defendant's conduct and credibility while commending the prosecution do not require his recusal.

Affrick has yet to rule on a separate defense request seeking a change of venue.

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