​Retrial Set for Case Against New Orleans Cop​​

December 3, 2021

A retrial has been set for a federal jury to hear the Justice Department’s case against a former New Orleans cop. The retrial will decide who shot and killed a man outside a strip mall after Hurricane Katrina.

Jury selection began Monday for David Warren’s case on manslaughter charges in the death of Henry Glover, 31, whose body was burned in a car by a different officer.

The case is unrelated to any other federal case, including those alleging police misconduct, U.S. District Judge Lance Africk told 47 potential jurors. He specifically mentioned deadly shootings on a bridge after the storm in 2005. Warren’s attorneys argued in October that some prospective jurors had mistakenly believed that Warren was among officers involved in that case.

“This is not the Danziger Bridge case and has nothing to do with it,” Africk told this group.

The New Orleans Police Department, plagued by years of complaints about corruption, came under renewed scrutiny after a string of police shootings in the chaotic aftermath of the 2005 storm. In 2011, the Justice Department issued a scathing report alleging the agency engaged in a pattern of discriminatory and unconstitutional conduct. The city and the Justice Department reached an agreement calling for sweeping changes in police policy, though the city has since objected to the potentially expensive agreement.

Warren was serving a prison sentence of nearly 26 years when a federal appeals court overturned convictions handed down in 2010, finding that he should have been tried separately from four other officers charged with participating in a cover-up designed to make Glover’s shooting appear justified. Photographs of Glover’s remains and “severely emotional” testimony about the burning and cover-up prejudiced jurors against Warren, the 5th U.S. Circuit Court of Appeals ruled.

Outside the courthouse, Glover’s aunt Rebecca Glover and African-American activists said they objected to the retrial because there is no question that Warren shot Glover.
Jurors must decide whether the shooting was justified. During his first trial, Warren testified that he believed Glover had a gun when he fired at him from a second-floor balcony at a strip mall where he was guarding a police substation.

Warren was among 20 officers charged in a series of federal investigations of alleged police misconduct in New Orleans — cases many saw as catalysts for healing the city’s post-Katrina wounds.