Posted Mar 16, 2011 08:41 pm CDT
A defense lawyer says a “tainted” case should be dismissed against a sergeant accused, along with five other current or former New Orleans police officers, in the killing of civilians on Danziger Bridge during Hurricane Katrina, reports the New Orleans Times-Picayune.
Federal prosecutors relied on testimony by Sgt. Kenneth Bowen, after he was granted “use” immunity, when obtaining an indictment, contends a motion filed Monday by his attorney, Frank DeSalvo. Hence, the shooting case against him is “legally invalid” due to this government misconduct.
“Clearly, the government’s assertion of a ‘Chinese wall’ was a ruse, necessary from the government’s perspective in order to move forward with the tainted prosecution,” the motion argues.
The United States attorney declined to comment and the judge hasn’t yet ruled on the motion in the Eastern District of Louisiana case, the article notes.
ABAJournal.com: “4 Cops, 2 Supervisors Charged Over Katrina Danziger Bridge Deaths”
ABAJournal.com: “After Katrina, Some New Orleans Police Say They Were Told They Could Shoot Looters”