Archive for April, 2008

The Times-Picayune sues the NOPD for records

Sunday, April 20th, 2008

Newspaper sues over police files
by Gordon Russell, The Times-Picayune
Friday April 18, 2008, 7:53 PM

The Times-Picayune filed a lawsuit Friday against the New Orleans Police Department, alleging that the department has failed to provide a long list of public records requested by the newspaper and routinely delays the release of initial incident reports intended to promptly inform the public about crime in the city.

The suit, filed in Civil District Court, outlines six written requests for records made between Dec. 18 and March 4 by two reporters and an editor at the paper in accordance with the Louisiana Public Records Act. The case has been allotted to Civil District Judge Kern Reese, and a hearing is set for May 23.

Among the items sought by the newspaper:

–Records showing the number of crimes committed in each police district.

–Reports produced weekly by each district showing where various major crimes were committed.

–A homicide log.

–Statistics on arrests.

To date, none of the requests has been fulfilled, the suit contends, though the law requires that records be made available for inspection within three business days.

“NOPD has failed to comply with the mandates of the Louisiana Public Records Act by failing to timely produce the requested records and has refused to comply with its statutory obligations under the Public Records Act in numerous other respects,” the lawsuit says.

In hopes of avoiding a lawsuit, The Times-Picayune’s attorney, Lori Mince, alerted the city attorney’s office on Monday of the newspaper’s intention to file suit.

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NOPD reports murders down; clearances up, in 2008

Sunday, April 20th, 2008

NOPD reports murder rate down from 2007
09:37 PM CDT on Friday, April 18, 2008
Associated Press

NEW ORLEANS — New Orleans police are winning the battle against violent crime, Police Superintendent Warren Riley said Friday.

Though the number of murders in the first three months of 2008 were only slightly down, arrests were way up Riley said. And he said his officers are taking other violent offenders, weapons and drugs off the street at record rates. …

There were 54 murders in the first quarter of this year, compared to 59 last year, Riley said. Of those, 60 percent have been solved and 30 people arrested. The national average for clearing homicide cases is 55 percent, Riley said. Of the remaining open 2008 cases, nearly 90 percent have possible suspects and are close to being solved, he said.

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Witness in Shavers case murdered

Saturday, April 19th, 2008

Shooting victim was in car when musician was shot to death in ‘06
12:26 PM CDT on Friday, April 18, 2008

A man shot to death in a hail of bullets near the Irish Channel Thursday had recently testified in the trial of a man accused of killing Hot 8 Brass Band member Dinerral Shavers and was in the car when Shavers was killed, according to sources.

Sources said Thursday’s victim, 20-year-old Guy McEwan, was a friend of Shavers’ stepson. He testified in last week’s trial of David Bonds, who was accused of killing Shavers. Bonds was acquitted by a jury. The victim did not identify Bonds in testimony.

The shooting occurred near the corner of Peniston and Laurel around 5 p.m.

[more]

Related:

Case bewilders a seasoned observer
Tuesday, April 15, 2008
Gwen Filosa
The Times-Picayune

I don’t know why the first girl, the “key witness,” stood up and said she couldn’t identify the gunman she’d already told police about.

“I don’t see anybody,” said the teenage girl in a new dress, looking around the room without ever seeming to lock eyes on the barely 5-foot Bonds in the suit and tie. “I must need to go to the eye doctor.”

I also don’t know whether a juror saw Bonds make a threat while she testified. I only heard the man tell the judge that Bonds was “fidgeting” during the girl’s time on the stand, and that at one point he rested his clean-shaven face in his hand by pantomiming a handgun with his index finger and thumb.

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Bonds cleared in band leader’s killing
Teenage witness fails to ID him as shooter

Friday, April 11, 2008
By Gwen Filosa
The Times-Picayune

The word of three New Orleans girls in the witness box wasn’t enough to persuade a jury Thursday to hold David Bonds responsible for the 2006 killing of musician Dinerral Shavers.

After a four-day trial at Orleans Parish Criminal District Court — in which prosecutors had only the eyewitness testimony of three teenagers and a drug-dealing defendant covered in street tattoos — the jury returned an acquittal on all charges.

The decision means that no one will serve time for putting a .380-caliber bullet into the back of Shavers’ head. Bonds, known on the streets of the 6th Ward as “Head,” was the only suspect police linked to the killing.

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“B-Stupid” gets 25 years on manslaughter plea

Friday, April 18th, 2008

Man gets 25 years in prison for killing
Plea agreement whittles down murder charge to manslaughter

Thursday, April 17, 2008
By Gwen Filosa
The Times-Picayune

The New Orleans convict who took on the nickname “B-Stupid” from the city’s streets where he was raised appeared in Orleans Parish Criminal District Court on Tuesday to receive a 25-year prison sentence for a Mardi Gras 2006 murder.

Ivory Brandon “B-Stupid” Harris, 22, had already pleaded guilty to manslaughter for the killing of Jermaine “Manny” Wise, who was gunned down Uptown on Fat Tuesday 2006.

But instead of the original second-degree murder charge, the Orleans Parish district attorney’s office agreed to let Harris admit to the manslaughter charge as part of a plea deal that federal prosecutors hashed out for Harris, who had dodged two prior murder raps, including a 2004 killing in the C.J. Peete housing development when Harris was 16.

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Man dies in Orleans Parish Prison

Wednesday, April 16th, 2008

Jailed man with mental illness dies
He had been indicted in slaying of parents

The Times-Picayune
Wednesday, April 16, 2008
From staff reports

A New Orleans man with a history of mental problems died of possible cardiac arrest Monday night after being found unresponsive in his jail cell about 15 years after his release from a state mental facility following the slaying of his parents, Orleans Parish Criminal Sheriff Marlin Gusman said.

An autopsy today will be conducted today on Berthawe J. Edwards Jr., 46, said chief coroner’s investigator John Gagliano.

Gusman said Edwards was found unresponsive by a cellmate in a two-man cell at Orleans Parish Prison on Monday about 10:20 p.m. The cellmate called for help, and the medical staff tried to revive him and called for an ambulance. Edwards was pronounced dead at 11:17 p.m. at University Hospital.

Gusman said Edwards had been in jail since Feb. 27 for a probation violation connected to Criminal District Court in New Orleans.

But Edwards’ sister, Brenda Hartford of New Orleans, said she understood one of his doctors sent him to the parish prison. Hartford said her brother suffered from schizophrenia and paranoia and had taken medication for his mental conditions since he was 18. She said her brother, who was going to a medical facility on the West Bank, apparently needed further treatment. But he either did not want to go to a certain medical facility, the facility did not have room for him or the facility did not have what he needed, Hartford said.

She said Edwards was likely in a medical section of the parish prison because the jail’s medical personnel had to give him his medicine. “He took medications every day,” Hartford said.

Edwards had been taking medications for his mental condition since before his parents were killed in their New Orleans home in 1980, when Edwards was 18. He had been committed to Charity Hospital once that year before his parents, Berthawe Edwards Sr., an employee of the Orleans Parish Criminal Sheriff’s Office, and Rosemary Edwards, were shot to death in their home.

Edwards was indicted on charges of first-degree murder in the deaths in 1980 and was found innocent by reason of insanity.

Edwards was sent to the forensic unit at Jackson, Hartford said. She said her brother was released 12 to 15 years ago, then was sent to a halfway house for three years in Baton Rouge.

After that, he had to report to a probation officer and another forensic facility.

Hartford said her brother had not been in any serious trouble since his release. He lived with her. “He really didn’t have any worries. He worked when he could. I didn’t have any problems out of him at all. He basically did what he was supposed to do,” Hartford said.

She said Edwards worked as a carpenter for a company. He worked steadily until his treatments at a clinic became more frequent. “He told the boss he couldn’t come in every day, and the boss told him when he could, come,” Hartford said.

She said her brother was married that but he and his wife were separated.

Related:

Jindal’s mental health plans may provide relief in metro area
by Laura Maggi, The Times-Picayune
Tuesday April 15, 2008, 12:29 PM

For some families in New Orleans, dealing with a loved one’s severe mental illness has meant several trips to the coroner’s office, asking that a relative be committed for a few days.

Although a 72-hour coroner commitment might give those families a temporary reprieve, these brief stays in a hospital typically don’t provide lasting solutions to mentally ill people in crisis, said Dr. Jeffrey Rouse, the psychiatrist in charge of all commitments for the Orleans Parish coroner. Too many times, people with paranoid schizophrenia or other serious disorders don’t find sustained assistance after they are inevitably released from the hospital, he said. They miss appointments or stop taking their medications, or both. Sometimes they end up in jail. …

To complement the new programs, Jindal also touts proposed legislation to change the way the state deals with mentally ill people, including a potentially controversial bill that would allow judges to mandate outpatient treatment for people who have been repeatedly hospitalized or have threatened violence. That bill was inspired by the January death of New Orleans police officer Nicola Cotton, killed with her own gun by a man whose family said is a paranoid schizophrenic who spent a lifetime in and out of hospitals.

The lack of effective mental health services can cause a crisis for law enforcement officers, who encounter the mentally ill at their most vulnerable and potentially dangerous. New Orleans police estimate they get at least 200 calls a month to take a person in crisis to the hospital. Rouse said he commits an average of 100 people a month for a 72-hour emergency period, and provides 250 second opinions monthly to patients already in hospitals who doctors believe need to stay longer.

At the Orleans Parish jail facilities, about 7 percent of the average 2,200 inmates see a psychiatrist, said Dr. Michael Higgins, the criminal sheriff’s chief psychiatrist.

“Sometimes jail is the only option to make sure somebody gets care,” said Dr. Samuel Gore, the jail’s medical director.

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Heroin’s deadly toll on youth

Monday, April 14th, 2008

Death struck many in N.O. heroin users circle
by Gordon Russell and Ramon Antonio Vargas, The Times-Picayune
Saturday April 12, 2008, 10:26 PM

In just four weeks this year, three people in University of New Orleans freshman Ian Painter’s extended circle of friends died from heroin-related overdoses.

First came Madeleine Prevost, a promising 16-year-old student at Lusher High School whom Painter had met a few days earlier. She died Jan. 6.

Two weeks later, it was Louisiana State University student Pierce Sharai, 19, who had been Painter’s lab partner at Ben Franklin High School and a pal since childhood.

And two weeks after that, a similar fate befell 21-year-old Destrehan High School graduate Zac Moser, a former Loyola student and waiter at Emeril’s Delmonico, with whom Painter shared a mutual friend.

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2nd District Email Blast, 4/10/08

Friday, April 11th, 2008

despenza_photo.jpgEmail Blast
NOPD 2nd District
+++ UPDATE +++

Second District detectives were able to identify a suspect in the robbery which occurred April 5th in the 8300 block of Zimple Street. The suspect was positively identified by the victim via a photographic line-up. Detectives have secured an arrest warrant for Joshua Despenza (BM, 3/7/86). A photo is attached (rap sheet). Detectives are also investigating his involvement in other robbery offenses in the district.

If you have any information on the whereabouts of Joshua Despenza, please contact Sgt. Shaun Ferguson at 658-6024 or 658-6020. You may also call Crimestoppers anonymously at 822-1111.

Remember to report any suspicious persons or activities you see in your neighborhood by calling 821-2222. In an emergency, call 911 immediately.

Major Kirk Bouyelas
Second District Commander
New Orleans Police Department

Related:
2nd District Email Blast, 4/7/08

2nd District Email Blast, 4/09/08

Wednesday, April 9th, 2008

Email Blast
NOPD 2nd District

terry_cedric_266p.jpgjones_calisha_266p.jpgOn the morning of April 9th, Second District Detectives and FBI Agents executed a narcotics search warrant at 4732 S. Liberty Street . Officers arrested two subjects inside the residence. They were identified as Cedric Terry (BM 6-26-77) and Calisha Jones (BF, 9-13-86). Confiscated pursuant to the warrant was approximately 1/2 ounce of crack cocaine, several bags of marijuana (which had been packaged for distribution), and a .380 caliber Bryco Jennings handgun.

Note: Cedric Terry has two previous convictions for possession of crack cocaine and was under house arrest at the time of this arrest.

Remember to report any suspicious persons or activities you see in your neighborhood by calling 821-2222. In an emergency, call 911 immediately.

Major Kirk Bouyelas
Second District Commander
New Orleans Police Department

Defense in Shavers murder trial accuses witnesses of lying

Wednesday, April 9th, 2008

Lawyer: 3 lied about Shavers killing
Motives of three key witnesses questioned

Wednesday, April 09, 2008
By Gwen Filosa
The Times-Picayune

The three teenage girls who say David Bonds fired the fatal bullet into Dinerral Shavers’ car on Dec. 28, 2006, are lying to frame Bonds and protect their 6th Ward neighbors who are responsible for the killing, public defenders told an Orleans Parish jury Tuesday.

Bonds is standing trial this week at Orleans Parish Criminal District Court in the death of Shavers, 25, the drummer of the Hot 8 Brass Band who was shot dead after picking up his teenage stepson in the 2200 block of Dumaine Street.

[more]

Related:

Live Blog: State’s eyewitneses testify in Shavers’ trial

NOPD officer pleads guilty to assault and theft

Wednesday, April 9th, 2008

EDITORIAL: Officer as perpetrator
Wednesday, April 09, 2008
The Times-Picayune

The man did nothing to provoke him, but still New Orleans police officer Donald Battiste struck him hard in the back with his elbow. The blow, described by those who saw it as “karate-like,” dropped the man to his knees. Officer Battiste then handcuffed the man, led him to the police cruiser where he stole $251 of the $510 the man carried in his pockets.

Such behavior from the city’s police officers makes everyone afraid. When a person is attacked by another civilian, there’s always the expectation that the police can be summoned. But when a police officer is the perpetrator, the crime is worse because the victim rightly feels that the law isn’t working for him.

Last week in federal court Mr. Battiste pleaded guilty to using unreasonable force against the man he arrested and to illegally taking his money. The man had committed no crime, but was a decoy taking orders from the Police Department’s Public Integrity Bureau.

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