United States v. Bowen

Five New Orleans Police Department (NOPD) officers were convicted of charges related to their role in the Danziger Bridge shootings and alleged cover-up. On appeal, the government challenges the district court's decision to grant a new trial. The court concluded that the district court did not abuse its discretion in granting a new trial where three high-ranking federal prosecutors posted online, anonymous comments to newspaper articles about the case throughout its duration; the government makes no attempt to justify the prosecutors' ethical lapses; the government inadequately investigated and substantially delayed the ferreting out of information about its in-house contributors to the anonymous postings; and the district court found that the cooperating defendants called to testify by the government lied, an FBI agent overstepped, defense witnesses were intimidated from testifying, and inexplicably gross sentencing disparities resulted from the government’s plea bargains and charging practices. Accordingly, the court affirmed the judgment and remanded for trial. View "United States v. Bowen" on Justia Law