NEW ORLEANS (AP) — A federal judge in New Orleans said he expected to seat a jury on Tuesday to hear the retrial of a former New Orleans police officer who shot and killed a man outside a strip mall after Hurricane Katrina.
It’s the second trial U.S. District Judge Lance Africk has held in three years for David Warren, who was guarding a second-floor police substation from a balcony when he shot 31-year-old Henry Glover on the ground in the chaotic aftermath of the 2005 storm.
Warren is charged with violating Glover’s civil rights and with using a weapon in a violent crime.
Warren was serving a prison sentence of nearly 26 years when a federal appeals court overturned a manslaughter conviction handed down in 2010. Jurors that year saw and heard prejudicial evidence because Warren was tried with officers accused of a cover-up that included burning Glover’s body in a car, the 5th U.S. Circuit Court of Appeals ruled.
The weapons charge originally said Glover’s death “involved actions constituting murder.” Africk let the government drop that section, under which jurors in the first trial also were allowed to consider manslaughter, from the retrial.
Jury selection began Monday with a group of 47 people. A second jury pool was to be brought in Tuesday, with the final choice to be made Tuesday afternoon from those remaining in both pools.
Africk emphasized Monday that Warren’s case is unrelated to any other federal case, including those alleging police misconduct. He specifically mentioned deadly police shootings on New Orleans’ Danziger bridge after Hurricane Katrina. Warren’s attorneys argued in October that some prospective jurors had mistakenly believed he was involved in that case.
“This is not the Danziger Bridge case and has nothing to do with it,” Africk told this group.