5 ex-cops sentenced in Katrina killings case

By CAIN BURDEAU | Associated Press – April 4, 2012

NEW ORLEANS — Five former New Orleans police officers were sentenced
Wednesday to prison terms ranging from six to 65 years for their roles in
deadly shootings of unarmed residents on a bridge after Hurricane Katrina.

Kenneth Bowen, Robert Gisevius, Anthony Villavaso and Robert Faulcon were
convicted of firearms charges in the shootings. Retired Sgt. Arthur
"Archie" Kaufman, who was assigned to investigate the shootings, was
convicted of helping orchestrate the cover-up.

Faulcon received the stiffest sentence of 65 years. Bowen and Gisevius
each got 40 years while Villavaso was sentenced to 38 years. Kaufman
received the lightest sentence at six years.

A federal jury convicted the officers in August 2011 of civil rights
violations in the shootings on the Danziger Bridge and the cover-up.

Police shot six people, killing two, less than a week after the storm's
landfall on Aug. 29, 2005. To make the shootings appear justified,
officers conspired to plant a gun, fabricate witnesses and falsify
reports.

The case became the centerpiece of the Justice Department's push to clean
up the troubled New Orleans Police Department.

U.S. District Kurt Engelhardt heard hours of testimony earlier in the day
from prosecutors, defense attorneys, relatives of shooting victims and the
officers.

Katrina Charity Common Ground Wants Information on FBI Snitch

By SABRINA CANFIELD Courthouse News

NEW ORLEANS (CN) - The founder of a post-Hurricane Katrina relief organization claims the FBI infiltrated his group after he criticized the Bush administration for its inept response to the disaster. Malik Rahim, founder of Common Ground Relief, says the FBI blew off his FOIA requests by claiming that responding would violate the privacy of its informant, who has spoken publicly about his work as a snitch.

Rahim, a New Orleans community organizer and former Black, says the FBI rejected his FOIA request, and appeal, seeking information about FBI informant Brandon Darby. Rahim says Darby worked with him at Common Ground, bringing supplies and other assistance to residents of the city battered by Hurricane Katrina.

Darby was involved with Common Ground from September 2005 until 2008. Whether Darby was an FBI agent before becoming a prominent member of Common Ground remains unknown, and is part of what Rahim seeks to find out.

Using an anarchist-inspired motto, "Solidarity not Charity," Common Ground Relief says its missionis to provide short-term relief for victims of hurricane disasters on the Gulf Coast, and long-term support in rebuilding communities in the New Orleans area.
Common Ground claims it has organized more than 35,000 volunteers, has gutted more than 3,000 homes, provided for basic needs of thousands of New Orleans residents and founded a now-independent health clinic and women's shelter. The center also has a free legal clinic that provides assistance in urgent situations such as wrongful home demolition, succession documentation, mortgage application assistance, contractor fraud and most types of civil litigation.

Julie Hurwitz, who filed the original Freedom of Information Act request on behalf of Rahim in 2009 said in a telephone interview Tuesday that it is "a travesty that an organization that was doing as much good as Common Ground" had to deal with Darby, who "swooped in and became a member of the organization, meanwhile sabotaging it from the inside."

Hurwitz said it is known now that Darby was an FBI informant on others besides Common Ground. She called Darby a provocateur, a tool of law enforcement who provokes others to commit illegal acts in order to prosecute them.

Darby's role as a federal informant became known during his testimony in the trial of two 20-something anarchists who were arrested for possession of unused, homemade Molotov cocktails during the 2008 Republican National Convention in Minneapolis.
After Darby's identity as informant became known, a letterhe allegedly wrote, in which he confessed to being an FBI snitch, was published by indymedia.org.

The letter states: "There are currently allegations in the media that I have worked undercover for the Federal Bureau of Investigation. This allegation no doubt confuses many activists who know me and probably leaves many wondering why I would seemingly choose to engage in such an endeavor. The simple truth is that I have chosen to work with the Federal Bureau of investigation."

Hurwitz said transcripts from the Molotov cocktails trial have never surfaced.
"We're trying to find out exactly what the nature of Darby's relationship with the FBI was between those years from 2005 to 2008" when Darby was a prominent member of Common Ground, Hurwitz said.

Rahim says in his federal complaint that he requested documents pertaining to the FBI's infiltration of Common Ground Relief, but the FBI refused, saying release of the documents would violate Darby's privacy.

According to the complaint: "After Hurricane Katrina, on or around September 5, 2005, Malik Rahim, plaintiff in this matter, organized a relief organization named Common Ground Relief, which included Common Ground Relief, Common Ground Collective, Woodlands Project and Common Ground Health Clinic (collectively 'Common Ground') in New Orleans, Louisiana."
"Common Ground provided substantial relief supplies and tens of thousands of hours of volunteer assistance to devastated communities along the Gulf Coast.

"Common Ground and Malik Rahim criticized government and corporate entities for failing to meet the needs of Gulf Coast Communities after Hurricane Katrina.

"Within weeks of Hurricane Katrina and the creation of Common Ground by plaintiff, Brandon Darby appeared, spent considerable time at Common Ground, and became one of the active leaders in the organization.

"Brandon Darby later admitted under oath that he was a confidential informant for the FBI and has admitted his relationship with the FBI to The New York Times, the Austin Chronicle, National Public Radio and in many other public forums; Brandon Darby has identified himself as an FBI confidential informant in open court."

Rahim's FOIA request sought "'all records, documents and things ...' related to surveillance, investigation, use of informants and agents, planting or gathering 'evidence,' and any other activities pertaining to Malik Rahim including anything related to Common Ground Relief and Brandon Darby. [Ellipsis in complaint.]

"On March 17, 2009, the FOIA request of Malik Rahim was denied on the grounds that the FBI would not respond to a FOIA request concerning another individual in addition to Malik Rahim without a 'privacy waiver' being filed by Brandon Darby."

Rahim says he appealed the denial on July 30, 2009. Among the reasons stated in the appeal was "the public right to be informed about what their government is up to,' citing U.S. Department of Justice v. Reporters Committee for Freedom of Press, 489 U.S. 749, 733 (1989); the fact that if Brandon Darby was an undercover informant for the FBI during his time at Common Ground, then that would be an act of such public concern that it would overcome personal privacy exemptions, citing National Archives & Records Administration v. Favish, 541 U.S. 157, 172 (2004)."

But the Justice Department upheld the FBI stonewalling: "On September 25, 2009, the U.S. Department of Justice Office of Information Policy stated it was affirming the original refusal of the FBI to release any information pertaining to Brandon Darby and further affirmed the refusal of the FBI to neither confirm nor deny the existence of any records responsive to the request. They said: 'Without consent, proof of death, official acknowledgement of an investigation, or an overriding public interest, confirming or denying the existence of the records your client requested would constitute an unwarranted invasion of personal privacy.'"
Rahim wants the FBI and Department of Justice ordered to make an immediate, expedited search for the documents, and turn them over.

His lead counsel is Davida Finger with the Loyola University New Orleans College of Law, Law Clinic.

Finger said in a statement issued in conjunction with the Center for Constitutional Rights: "Brandon Darby has spoken at length to the media about his involvement with the FBI, including during his time at Common Ground. We believe that Malik Rahim, Common Ground, and our community deserve to know the full extent of Mr. Darby's relationship with the FBI while doing post-Katrina work."

Rahim said in the statement: "In the difficult times following Hurricane Katrina, we welcomed Mr. Darby into the community and shared everything we had with him. Mr. Darby inserted himself as a leader of Common Ground but, looking back, many of Mr. Darby's actions appear to have intentionally caused rifts within the organization and the community. In retrospect, he was doing everything you're supposed to do as a government agent in that situation - making an effort to divide and conquer. Accordingly, we have filed suit to compel the FBI to release all information concerning any collaboration with Mr. Darby during his time working with Common Ground in New Orleans."

Co-counsel in Rahim's complaint include Bill Quigley of New Orleans, Julie Hurwitz of Detroit, and Sunita Patel with the Center for Constitutional Rights in New York City.

In its statementannouncing the filing of Rahim's complaint, the Center for Constitutional Rights claimed that the FBI's infiltration of Common Ground was not an aberration: "As thousands of FOIA documents released over the years have revealed, government surveillance and infiltration of activist groups is a widespread practice in the United States. Indeed, crackdowns on Occupy Wall Street and related protests across the country and the recent revelation of a New York security consultant's infiltration of the Zuccotti Park encampment suggest that government efforts to suppress dissent and disrupt peaceful protest continue. Mr. Rahim and his lawyers have filed this lawsuit to enforce the government's obligations under the Freedom of Information Act to provide information to the public about government conduct. The requested information will shed light on the FBI and other law enforcement activities in New Orleans during the tumultuous months and years following Hurricane Katrina."

Two former NOPD officers receive stiff sentences in Henry Glover case

March 31, 2011 Nola.com

Former police officer David Warren was sentenced to more than 25 years in prison this morning for the shooting of 31-year-old Henry Glover in the aftermath of Hurricane Katrina.

Eliot Kamenitz, The Times-PicayuneFormer New Orleans Police officer Greg McRae, accompanied by his wife, enters the U.S. Federal Courthouse Thursday morning for sentencing in his involvement in the cover-up of the death of Henry Glover. Glover was shot by officer David Warren in the aftermath of Hurricane Katrina; McRae admitted burning a car containing Glover's body.

Former officer Greg McRae, who admitted burning a car parked on the Algiers levee that contained Glover's body, was sentenced to more than 17 years in prison.

McRae, who had been free on bond, was taken into custody immediately. Warren has been in prison since shortly after his indictment in June 2010.

Both sentences were imposed by U.S. District Judge Lance Africk, who delivered stern speeches to both men before rendering his judgment.

Warren was convicted in December of violating Glover's civil rights by shooting him, as well as using a gun in a crime of violence. A rookie police officer at the time of the storm, Warren had been guarding a police substation in Algiers on Sept. 2, 2005.

Warren shot Glover as he approached the substation, which was located on the second floor of a strip mall. Glover and a friend had gone to the mall to retrieve some items looted by friends.

More on this story

• U.S. District Judge Lance Africk's reasons for McRae's sentence
• U.S. District Judge Lance Africk's reasons for Warren's sentence
• Greg McRae's letter to U.S. District Judge Lance Africk

Africk told Warren that his use of deadly force against Glover was unnecessary. He used the word "spurious" to describe Warren's claim that Glover charged at him in a menacing way.

"You killed a man ... Henry Glover was gunned down because you believed he was a looter," Africk said. He added that every day Warren has lived since September 2005 is one more day than Glover had.

Africk said Warren's conduct contrasted with that of most NOPD officers, who helped people and saved lives in the aftermath of the storm. Actions like Warren's, he said, erode confidence in law enforcement, making a harsh sentence necessary.

Africk noted that he had received many letters saying that as a result of Warren's conviction, officers will be more apt to question their right to protect themselves during chaotic events.

"I reject that argument." Africk said. "You were not forced to respond to Mr. Glover with deadly force," he told Warren.

David Warren

Before imposing Warren's sentence, Africk said that he had "given tremendous thought to this case. I can promise you, not everyone will agree with the sentence I impose," he added.

He said, however, that the sentence would be fair.

In letters sent to Africk, friends and family members asked the judge for leniency. "David is a man of God... a devout Christian," said one friend who spoke in open court.

"He is not an evil man. He is not a racist," the friend said.

Warren is white, while Glover is black. During the trial, prosecutors sought to show that race played a role in the event.

Members of the Glover family, visibly devastated, also took a turn at the podium. They asked Africk to issue the maximum sentence allowed by law.

"I forgive these men," said Edna Glover, the victim's mother, while holding a picture of her son. "If I don't, Jesus won't forgive me."

Africk ordered Warren to pay about $7,600 in restitution to the Glover family to cover his funeral costs.

After Glover was shot, he was picked up by William Tanner, a good Samaritan who drove him to a nearby police encampment for medical aid. Tanner and others said police there took them into custody instead of providing aid to the wounded Glover.

Later, officers drove away in Tanner's car, with Glover's body inside. McRae admitted during the trial that he parked the car on the levee and burned it.

It took nearly a year for Glover's remains to be identified, and it wasn't until after the publication of a series of news articles starting in December 2008 that the manner of Glover's death was known.

McRae's lawyer, Frank DeSalvo, argued that Africk should consider the circumstances of the storm as a mitigating factor when sentencing his client. He said McRae saved many lives during the hurricane.

Michael DeMocker / The Times-PicayuneEdna Glover carries a picture of her slain son Henry Glover as she and other family members leave federal court after sentences were handed down to two former NOPD officers in the slaying and burning of the body her son in the days after Hurricane Katrina.

DeSalvo also said McRae never knew that Glover had been shot by fellow officers. Burning the car at the time didn't seem so serious, DeSalvo said, adding that McRae now understands the implications of what he did and has taken responsibility for it.

McRae, clad in a tie and a blue blazer, addressed Africk directly, saying he realized the error of his ways.

"I acknowledge my mistake," he said. "I apologize directly to the Warren family ... excuse me, the Glover family." McRae added that he also apologized to the Warren family.

Later, he said, "I pray for the Glover family daily. I also pray for all the victims of Katrina."

But Africk told McRae that his actions contributed as much as those of Warren to the distress of the Glover family and their inability to get over Henry's death.

The judge called McRae's conduct "barbaric," saying it was "unforgivable" to burn Glover's body -- particularly for a 26-year police veteran. Africk ordered McRae to pay $6,000 in restitution to Tanner for burning his car.

Because of McRae, Africk said, the last photo the Glover family has of him is that "of a pile of bones," a description that provoked a gasp from the victim's family members sitting in the audience.

"At some point, you lost your compass," Africk said.

This story was reported by Laura Maggi and Brendan McCarthy.

New Orleans Police Department draws fresh criticism, this time from anarchists

March 21, 2011 by Andrew Vanacore, The Times-Picayune

The New Orleans Police Department faces a growing list of critics.

It was not enough for the U.S. Department of Justice last week to point
out a "clear pattern of unconstitutional uses of force by NOPD officers"
over the past few years.

This is apparently one issue where the government and those calling for an
end to all government can agree.

A group calling itself the New Orleans Anarchist Media Coalition took aim
at the force on Monday, denouncing the NOPD for acting "unprofessionally,
impulsively and with undue intimidation and force."

They made two demands:

First, for "full investigative powers" for the city's independent police
monitor. As is, the police monitor only "oversees" internal investigations
into alleged misconduct or the use of force.

Second, they want "the firing of any police officer who engages in or has
been complicit to acts of murder, rape, harassment, beatings or any other
abuses of their power."

This all comes up because the NOPD halted a second-line parade in the
Marigny on the Sunday before Mardi Gras for lack of a permit. Police and
marchers scuffled, resulting in a handful of injuries and a dozen arrests.
Then, the police shut down a community collective operating just a few
blocks away that served as an anarchist bookstore, lending library and
arts center.

The NOPD cited a complaint from the office of a city council member, again
for lack of the proper permits to operate. But police have not said which
city council member complained or what kind of permits are required to
keep the place open.

Anarchists and others in the area say the forced closure was retaliation.

It is hard to nail down exactly who the coalition represents. Members, who
did not want their names used or pictures taken, said the group was
created for purposes of holding the press conference at the Unitarian
Universalist Church on Monday.

To one degree or another, they were affiliated with the Krewe of Eris
parade that was broken up by police or the collective. But, for perhaps
obvious reasons, they did not claim to represent any official
organization.

They did say that members of the collective that run the bookstore are
still meeting weekly and are looking for a new location.