The New Orleans Police Department had been plagued for years by complaints about corruption. It came under renewed scrutiny after a string of police shootings in the aftermath of Katrina.
In 2011, the Justice Department issued a scathing report alleging a pattern of discriminatory and unconstitutional conduct by police. 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.
During his first trial, Warren testified that he believed Glover had a gun when he fired at him.
Defense attorneys have asked Africk to exclude testimony from that trial as retrial evidence, arguing Warren had to testify because of evidence that will not be allowed this time. “Any prior testimony by Warren is inadmissible unless and until he chooses to take the stand in his defense,” they wrote.
Prosecutors responded Friday that prior testimony can be ruled out only if it was the product of government misconduct, which has not been found in this case.
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. Five pleaded guilty; three were acquitted; four convictions were upheld; seven await retrials after their convictions were overturned; and another trial ended in a mistrial because of a prosecutor’s remarks.