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THE NOLA LEGAL BLOTTER
posted Thursday, 1 February 2007
There were major developments in two sensational legal cases that arose out of the muck and mire of Hurricane Katrina and the subsequent Federal Flood. One development is definitely good news and the other reflects rare common sense at the DA's office.
Let's start with the good news first. Orleans Parish Coroner Dr. Frank Minyard announced that his office could NOT classify the deaths at Memorial Hospital as homicides. This is excellent news for the Memorial Three: while a successful murder prosecution without a finding by the Medical Examiner is not impossible, it is highly unlikely. And the given the rank incompetence displayed by Slow Eddie Jordan's office on a daily basis, I'd say that the chances of a conviction are slim to none. An indictment, however, remains a possibility; grand juries almost always follow the DA's lead. Btw, I think a new indictment cliche is needed: I'm sick of the ham sandwich thing. Howzabout this new formulation: A grand jury would indict a Lot-o-Burger and waffle fries if asked to by the prosecution. Of course, that would be a conspiracy case; the key would be whether or not the frosty mug of root beer is willing to roll over on its cohorts...
A grand jury in the Memorial case is scheduled to be selected on February 14th and 15th, smack dab in the middle of Carnival. I can imagine the lame excuses: "I can't serve because I'm riding in Orpheus, which means that I know Harry Connick Sr. and he used to be the Singin' DA" or "I'm prejudiced against Eddie Jordan because I think that anyone who who wears a Bowler hat is a great big dork."
Back to the DA's office. They've decided NOT to seek the death penalty against the four cops charged with first degree murder in the Danziger Bridge case. This has never looked like a first degree murder case to me: it's hard to form intent in the fog of war, as it were. My instinct about this case is that the police were tired, hungry, hot and scared shitless. They went on the bridge and started shooting without thinking. After realizing that they'd screwed up, they concocted a somewhat ridiculous cover story. Those facts add up to a prosecution for second degree murder or manslaughter, not a capital case.
It will be very interesting to see how these cases play out in the court of public opinion. There are lots of rumblings about the Danziger Bridge case; especially now that the 6 cops who are still with the NOPD have been reinstated to desk duty. The families of the victims are outraged and I can't say that I blame them. I only hope that both sides will restrain themselves from stirring the pot with inflammatory rhetoric. Of course, there are headlines to be hunted so that's unlikely. But I can dream, can't I?
comments (3)
1. Michael left...
Thursday, 1 February 2007 11:24 pm :: http://2millionthweblog.blogspot.com
Without knowing enough about either case to really have an informed
opinion, I'll defer to what I consider to be your excellent judgement,
particularly re: the Memorial Three. It just seems like Foti's being a
grandstanding sumbitch on that one...
2. adrastos left...
Thursday, 1 February 2007 11:36 pm
May your mug never invert, Michael. Hmm, I sound like a low rent Whit
Whitman tonight...
3. John left...
Tuesday, 6 February 2007 6:04 pm
Consult your Thurgood Marshall on proprietary justice. You've a fortnight
at most to polish your collateral damage evasion skills. The bad guys are
leaving town,no matter what you or they say. Zero grant money here, gang.
JB