INFO: Multiple cops indicted in New Orleans Danziger Bridge shootings, coverup

Six more cops indicted in Danziger Bridge shootings, coverup

Published: Tuesday, July 13, 2010, 11:50 AM     Updated: Tuesday, July 13, 2010, 3:01 PM

 

Six current or former New Orleans police officers are the latest to be indicted in the sprawling civil rights investigation into shootings on the Danziger Bridge and a subsequent conspiracy to cover up what happened. Two people died and four were injured in the tragic incident that happened in the chaotic days after Hurricane Katrina.

danziger-defendants.jpg   

Three of the officers turned themselves into the FBI today.

Frank DeSalvo, the attorney representing Sgt. Kenneth Bowen, said his client, along with officer Anthony Villavaso and Sgt. Robert Gisevius, surrendered after learning that former officer Robert Faulcon had been arrested at his home in Texas early this morning.

Also indicted by a federal grand jury were homicide Detectives Sgt. Arthur Kaufman and former Sgt. Gerard Dugue, according to the 27-count indictment unsealed today. 

There is no word yet today on whether Kaufman and Dugue are in federal custody. 

After several years of investigations, DeSalvo said his client and the other defendants want to get their day in court.

"They have been in limbo for five years," DeSalvo said. "They want the jury to decide." Bowen, Villavaso and Gisevius have all been on desk duty since they were indicted in 2006.

U.S. Attorney General Eric Holder is expected to discuss the developments at a 2:15 p.m. press conference in New Orleans. The officers are charged with deprivation of civil rights under color of law, as well as other charges, including conspiracy, obstruction of justice, making false statements and the use of a weapon during the commission of a crime of violence.

The charges break down this way:

  • Bowen, Gisevius, Faulcon and Villavaso are all charged with a civil rights violation for shooting James Brissette, a 17-year-old killed on the eastern side of the bridge, as well as for injuring members of the Bartholomew family.
  • Faulcon is charged with a civil rights violation for killing Ronald Madison, a mentally disabled man who was shot in the back with a shotgun. Bowen is also charged with a civil rights violation for kicking and stomping Madison after he had already been fatally wounded by Faulcon.
  • All six men are charged with the cover-up, accused of conspiracy to obstruct justice and making false statements to investigators.

 

Holder is in town for a Justice Department conference on gang prevention and is scheduled to speak there a little beforehand.

Four of the arrested men -- Bowen, Gisevius, Faulcon and Villavaso -- were part of the so-called "Danziger 7," officers indicted by a state grand jury in Dec. 2006 on charges of murder and attempted murder.

The officers were accused of shooting six people on the bridge over the Industrial Canal on Sept. 4, 2005.

The state case against the seven officers accused of firing their weapons that day eventually was dismissed. Former Criminal District Court Judge Raymond Bigelow agreed with defense attorney arguments that prosecutor errors invalidated the case.

But federal investigators subsequently picked up the investigation in the fall of 2008, resulting in a string of guilty pleas earlier this year. NOPD officers have acknowledged participating in what prosecutors have portrayed as a wide-ranging cover-up that began moments after the shooting stopped.

Among the guilty pleas have been three officers originally indicted as part of the state case: former Officers Michael Hunter, Robert Barrios and Ignatius Hills. Two men who arrived at the bridge after the shooting and helped lead the investigation have also pleaded guilty to orchestrating the cover-up: former Lt. Michael Lohman and former Officer Jeffrey Lehrmann.

But throughout the spring, attorneys for the remaining officers have asserted their innocence, saying the involved officers fired their weapons because they had to. Attorneys have also asserted their clients did not cover-up what prosecutors have called a "bad shoot."

eric_holder.jpgAttorney General Eric Holder will discuss the civil rights probe at a press conference Tuesday afternoon.   

The Danziger Bridge shootings were prompted by a radio call from an officer on the Interstate 10 highrise, who reported to police at the makeshift 7th District station that they were taking fire. The officer who called in the distress signal at some point mentioned that there were officers "down under" the nearby Danziger Bridge, language apparently interpreted by police to mean some officers had been shot.

A group of officers staying at the Crystal Palace banquet hall drove in a Budget rental truck to the Danziger Bridge, encountering a group of people walking on Chef Menteur Highway over the bridge from eastern New Orleans to Gentilly.

Attorneys for the police have always asserted that the officers shot at this group of people after first taking fire.

But in guilty plea documents filed in federal court, prosecutors have painted a different picture, saying that none of the civilians had weapons. No guns allegedly belonging to civilians were ever recovered from the scene. Officers who have pleaded guilty have stated that not long after the shooting stopped, they realized the shooting was not legitimate.

Four people were injured on the eastern side of the Danziger Bridge: Susan Bartholomew, who was then 38 years old, as well as her 44-year-old husband, Leonard Bartholomew III. Their teenage daughter, Lesha Bartholomew, was injured, as was a nephew, Jose Holmes.

A friend of Holmes, 17-year-old James Brissette, was killed. The Bartholomew's youngest child, Leonard Bartholomew IV, ran away and was not injured.

As the Bartholomews were shot by police on the eastern side of the bridge, two other men were walking up the bridge, also heading to Gentilly. Lance Madison and his brother, Ronald, were trying to get back to their brother's dentist office at the foot of the bridge.

According to the guilty plea of Michael Hunter, a group of officers followed the two men in a state police vehicle that had also responded to the radio call for help. Hunter said that a man who fits the description of Faulcon fired his shotgun from the car at the back of fleeing Ronald Madison, even though Hunter said he didn't appear to be holding a weapon.

Madison, a 40-year-old mentally disabled man, died from his injuries. His brother, Lance Madison, was arrested that day, accused of shooting at police officers. Prosecutors have called that arrest part of the scheme to cover-up the shooting, saying he was innocent of any wrongdoing.

In court documents, officers fitting the descriptions of Bowen and Gisevius -- called "Sergeant A" and "Sergeant B" -- are  suspected of having helped orchestrate the alleged cover-up. Prosecutors have also accused Bowen of firing an assault rifle at people on the eastern side of the bridge, even after all officers stopped shooting and it was clear that police were not taking fire.

The Danziger case is one of at least eight ongoing federal civil rights investigations into the actions of NOPD officers, many stemming from the period after Katrina.

Three officers and two former officers were indicted last month in a different case, which accuses police of shooting a man in Algiers and then covering up the incident. The body of that man, Henry Glover, was burned in a car later discovered on the Algiers levee.

 

 

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What Happened

on New Orleans'

Danziger Bridge?

Lance Madison at bridge now
Anne Hawke, NPR

Lance Madison, shown at the Danziger Bridge in June 2006, has filed a lawsuit charging that New Orleans police on Sept. 4, 2005, falsely arrested him and shot and killed his brother, Ronald, who was mentally retarded.

Lance Madison being arrested by Louisiana State Police on Sept. 4, 2005.
NNS/Times-Picayune /Landov

Lance Madison is shown being arrested on Sept. 4, 2005, after gunfire erupted on the Danziger Bridge in east New Orleans.

Ronald Madison
Courtesy Madison Family

Ronald Madison, with one of his family's dogs, died after being shot on the Danziger Bridge. Police accounts say he sustained one gunshot wound, while two different autopsies show he was hit with seven bullets.

Police Accounts Disputed

The New Orleans Police Department's official account of the events on the Danziger Bridge, Sept. 4, 2005, says Ronald Madison, the "unidentified gunman," received one gunshot wound before dying, but autopsy reports (below) show he was shot seven times. 

 

Further fact-checking also revealed that two officers were never down at the scene, the cause of the original call, and that the main complainant David Ryder, identified as a St. Landry Parish deputy sheriff, was in fact a private citizen helping with post-Katrina rescues.

Read Page 1 of Official Police Account

Read Page 2

The Madison family lawyer notes that the three lines were added to the Gist Sheet

The Madison family lawyer notes that the final lines of the original New Orleans Police Department Gist Sheet describing the Danziger Bridge incident were added by a different person. He says the police are trying to frame Lance Madison. In sworn testimony, the NOPD's Sgt. Arthur Kaufman said he added the lines to the report later because "I was told that by one of the other officers."

Autopsy Reports

The autopsy of Ronald Madison conducted by Dr. James Traylor of the New Orleans Coroner's Office found seven gunshot wounds -- five to the back.

The Madison family lawyer requested a second autopsy of Ronald Madison.

The Madison family lawyer requested a second autopsy of Ronald Madison. New York pathologist Dr. Michael Baden also found seven gunshot wounds.

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September 13, 2006

Three federal civil-rights lawsuits charge that a group of New Orleans police officers gunned down unarmed, innocent citizens in the chaotic days after Hurricane Katrina.

The lawsuits focus on an incident that happened on a bridge in east New Orleans. Two people were killed, including a mentally retarded man shot in the back; two others were maimed.

The police say they were firing in self-defense. Now, a grand jury has begun looking into the shooting.

It's come to be known as the Danziger Bridge incident.

At 9 a.m. on Sunday, Sept. 4, six days after Katrina, police received a Signal 108: Two officers down, under the concrete lift bridge that spans the Industrial Canal.

Seven officers rushed to the scene.

Police say when they arrived, at least four people were shooting at them from the base of the bridge. Officers took positions and returned fire. The official police report identifies two sets of gunmen going up the east side of the half-mile-long bridge.

The investigation hinges on whether these people were the shooters, as the police maintain, or whether they were innocent civilians in the wrong place at the wrong time, as the lawsuits claim.

'I Didn't Do Anything Wrong'

One of the suspects, Lance Madison, has been arrested and charged with eight counts of attempted murder against police officers.

"I didn't do anything wrong, and I had no reason to be arrested. I was up here trying to seek help for me and my little brother, trying to evacuate from the devastation going on down here," says Madison, a 49-year-old former college wide receiver, standing at the foot of the bridge where the incident occurred.

Police say Madison and another perpetrator were firing at officers as they ran up the bridge.

Madison, a 25-year employee of Federal Express, has no criminal record and is a member of a respected New Orleans family.

The man he was with — referred to by the police as "the unidentified gunman" — was his brother, 40-year-old Ronald, who had mental retardation. His family describes him as a childlike soul who loved the family's two dachshunds and watched Three Stooges videos.

From One Tragedy to Another

Lance says that on that Sunday morning, he and Ronald — their homes flooded — were crossing the bridge on their way to another brother's dental office where they were staying after the storm.

Lance says there was a group of teenagers near the bridge shooting at people. He says that when the police arrived, they never identified themselves before opening fire.

"And we just kept running up the bridge, and that's when I noticed one of the guy's jumped out of the truck had a rifle pointing towards me and my little brother, and shot my brother in the right shoulder," Madison says.

Police say an officer saw Lance toss a handgun into the canal. Lance says neither he nor Ronald was armed.

The police report says that when the pair reached the other side of the bridge, an officer approached Ronald. At that point, the report continues, Ronald reached toward his waist and turned toward the officer, who shot him dead with one bullet.

Autopsy findings refute the police assertion. The pathologist found that Ronald Madison had seven gunshot wounds — five of them in his back.

"He was like the sunshine of our family. We really miss him. It's just unbelievable what happened. And I hope nobody has to go through what we've been through," Madison says.

But the second group on the Danziger Bridge that morning went through a similar ordeal.

Another Family's Ordeal

According to the police account, six other individuals ran up the bridge, jumped behind a low concrete barrier onto a walkway, and fired at officers.

Police say that group was the Bartholomew family: Leonard Sr., a longtime employee of the New Orleans Sewerage and Water Board; his wife, Susan; their teenage son and daughter; their nephew; and his friend.

The family contends that they were unarmed, and that they had been stranded by the storm and were walking to a Winn-Dixie supermarket for supplies.

"I never thought I'd be shot. And I never thought I'd be shot by the police. I thought the police were there to protect," says Susan Bartholomew, speaking publicly about the incident for the first time.

Her statement echoes Lance Madison's — that officers opened fire without warning. Five out of six people in her group were hit. Terrified, Bartholomew says, they took cover behind the concrete barrier on the side of the bridge.

"When I look, we're all on the ground and all you can see is blood. Everywhere. You can hear everybody hollering, moaning, everybody been shot and in pain," Bartholomew says.

"My right arm was on the ground lying next to me," she recalls. "The only thing that was attached to it was a piece of skin. It had been shot off."

The interview with Bartholomew took place in a Texas city she asked not be named, because she fears retaliation. The slight woman, who wore a crucifix around her neck, had a gray sweater draped over the stump of her right arm.

She says that after the gunfire, officers ran onto the bridge, pointed weapons at them, and told them not to look up. But she says she clearly saw blue shirts emblazoned with "NOPD."

Bartholomew's basic account was confirmed by her nephew, Jose Holmes, a 19-year-old high school dropout who works at McDonald's. His police record shows two minor, noncriminal charges.

Holmes says a bullet struck him in the right arm, shattering his bone. As he cowered behind the low concrete wall, he says a police officer walked over to him.

"He leaned over the cement block, he put the rifle to my stomach and shot me twice. They left, and about a minute later, an ambulance came and picked us up," Holmes says in an interview at a house in Atlanta, where he's staying temporarily.

Hospital and paramedic records confirm that Holmes had four gunshot wounds, including two to his abdomen. He now wears a colostomy bag and has limited use of his right hand.

Police say they shot and killed another member of that group. The Bartholomew family says it was Holmes' friend, James Barset, a 19-year-old high school senior from New Orleans' Ninth Ward.

"I'm sure if they got any kind of a heart, that they realize that what they did was wrong. And it's something they can't call back. And lives are changed as a result. My arm is missing, and I have to live with this, and I can't help but see it every day," Bartholomew says.

"Only thing I can do is try to forgive these people and move on. And that's what I've been trying to do," she says.

Families Dispute Police Reports

Fact-checking the police report reveals that critical information is wrong:

— First, there were never two officers down at the scene, the cause of the original call.

— Second, the main complainant is a man named David Ryder who was posing that day as a St. Landry Parish deputy sheriff. He is the person who identified Lance Madison as a shooter. But Ryder isn't an officer; he's a private citizen from Opelousas, La., who drove to New Orleans after Katrina to help out with rescues.

— Finally, records show that Ronald Madison, who was mentally retarded since birth, was shotseven times, not once, as the police say.

Police Superintendent Warren Riley, through his spokesman, declined repeated requests for an interview. His office referred questions to the Orleans Parish District Attorney, which is investigating the incident.

"Anytime there's a shooting involving law-enforcement officials actually involving a death in this instance, it's something that's very serious, and we want to determine if there is any criminal conduct involved," says District Attorney Eddie Jordan.

Police, 'Overwhelmed' by Katrina, Under Investigation

The Danziger Bridge incident needs to be understood in the context of a major American city that had disintegrated.

"The New Orleans Police Department was overwhelmed," says Anthony Radosti, vice president of the Metropolitan Crime Commission and a former 23-year veteran investigator with the New Orleans police.

"Radio communication was at a minimum. [The police] felt isolated, abandoned. They had no place to live or sleep. Rumors were just wild. Sniper fire, armed individuals on the street. And in some cases, that information was true," Radosti says.

An Arkansas paramedic who rode to the Danziger Bridge with police that morning told NPR that officers were involved in a five-minute gunbattle. He heard people shooting back, but he says he was hiding and he couldn't see who they were.

Radosti sympathizes with embattled officers who were trying to take back their city — up to a point.

"But aggressive law enforcement has to come with common sense. If the officers there acted with good faith, the grand jury is going to exonerate them. But if the officers acted in bad faith, playing cowboys, that has to be seriously looked at," he says.

The district attorney has not indicated whether he will prosecute Lance Madison. Jose Holmes was never arrested, even though police said he was a shooter.

Meanwhile, attorneys for Madison, Holmes and the Bartholomew family last month filed federal civil-rights lawsuits against the city regarding the Danziger Bridge incident.

 

>via: http://www.npr.org/templates/story/story.php?storyId=6063982

 

2 responses
You just can't trust any policeman pig (OK maybe in New Orleans). These losers shot and killed two (some shot in the back), shot 4 others, and the civilians were unarmed. These losers then planted guns and covered up their mistakes with lies and intimidations. This year Five police officers already have pleaded guilty to lying and covering up. The Bush Administration did nothing. Lets hope all of these pigs get whats coming to them.
You just can’t trust any policeman pig (OK mainly New Orleans Police). These losers shot and killed two (some shot in the back); shot 4 others, and the civilians were unarmed. These losers then planted guns and covered up their mistakes with lies and intimidations. This year five police officers already have pleaded guilty to lying and covering up. The Bush Administration did nothing. Let’s hope all of these pigs get what’s coming to them.