Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Friday, April 22, 2016

Judge Drastically Reduces Jail Time For Officers Who Shot Unarmed People Fleeing Hurricane Katrina

The people on the bridge were unarmed and frightened, fleeing homes left uninhabitable by Hurricane Katrina. Suddenly, a squad of plainclothes police officers drove up and opened fire, killing two and wounding four. The officers later conspired to cover up the whole affair with planted evidence and fabricated stories.

The officers on New Orleans’ Danziger Bridge that day in 2005 were sentenced back in 2011 to decades in prison. But earlier this year, the 5th Circuit Court of Appeals allowed their guilty verdicts to be overturned, paving the way for a new trial on the basis that federal prosecutors anonymously commented on stories about the case online.

On Wednesday, the former officers struck a deal with prosecutors that allowed them to plead guilty to lesser charges and significantly reduce their time behind bars. U.S. District Judge Kurt Engelhardt ruled in favor of the deal’s terms, sentencing defendants to 3 to 12 years.

“Hopefully today will bring further closure to the victims of these crimes and this city,” he said.

Engelhardt who originally ordered the new trial, oversaw the deal, which shaved decades from the former officers’ original sentences. The deal cut 40-year sentences for Kenneth Bowen and Robert Gisevius, Jr. to ten years each with credit for time served. Robert Faulcon, Jr., who was facing the lengthiest sentence at 65 years, subsequently faced 12 years with credit for time served. Anthony Villavaso and Arthur Kaufman, who were serving 38 years and six years respectively, got seven and three years. All the officers will also get five years of supervised release.

The former officers have been locked up for almost six years, and are now decades closer to release.

When handing down the original sentences in 2011, Engelhardt went on at length about the dangers of being a police officer and called out the names of five police officers who were killed in an unrelated 1973 sniper shooting, which the judge said had influenced his own views of police.

At the 2011 hearing, he bemoaned the fact that mandatory minimums were forcing him to dole out so much prison time. He also blasted the prosecutors’ handling of the case. In some cases, higher-up supervisors or colleagues agreed to cooperate with prosecutors against the officers in exchange for more lenient sentences for their own roles in the cover-up.

In the aftermath of Katrina, New Orleans police were responsible for a slew of extrajudicial killings. In many cases officers claimed the victim had a weapon or had threatened them in some way, though they had no evidence to back them up. Despite the murkiness of many of these killings, prosecutors and police officials looked the other way for years. When the horror stories surfaced in the press, feds launched a probe and the city entered into a consent decree with the Department of Justice to reform police practices.

Original Article
Author:  Aviva Shen

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