Post by WaTcHeR on Nov 18, 2006 13:28:55 GMT -5
11.18.2006 - NEW ORLEANS — Two former New Orleans police officers charged with second-degree battery in a beating videotaped last year in the French Quarter are scheduled for trial March 12.
An officer who is still on the force will be tried March 14 on a misdemeanor charge of simple battery against an Associated Press Television News producer. The APTN cameraman with him taped both confrontations.
State District Judge Frank Marullo said he wanted fired officers Robert Evangelist and Lance Schilling tried before he hears the case of Officer Stewart Smith to avoid the chance that reports about Smith's case might affect the former officers' jury in the felony case.
He also said attorneys should subpoena two FBI agents who were present when Robert Davis, 64, a retired teacher, was arrested and beaten. Prosecutors dropped charges against Davis in April.
Franz Zibilich, who represents Schilling, asked about the FBI agents during Friday's hearing.
"If they were involved, why weren't they charged?" Marullo asked.
Dustin Davis, the assistant district attorney handling the case said evidence indicated that, although the agents "did participate to a certain degree," they did not commit any crime.
"It seems to me that's at least the definition of a principal" to a crime, Zibilich said. He said he wanted to see if the agents' statements — and any internal investigation by the FBI — might tend to clear his client.
FBI officials in New Orleans were not immediately available for comment when called Friday afternoon.
The beating was recorded a few weeks after Hurricane Katrina, which struck New Orleans Aug. 29, 2005.
Robert Davis had returned to New Orleans to check his property. He said he was looking for a place to buy cigarettes in the French Quarter when police grabbed him. The Oct. 8, 2005, beating was videotaped by an APTN crew covering the aftermath of the hurricane.
The tape shows an officer hitting Davis at least four times on the head. Davis twisted and flailed as he was dragged to the ground. One officer kneed Davis and punched him twice. The tape also showed Davis lying on the sidewalk, blood flowing from his wounds into the gutter.
Evangelist and Schilling were fired after the beating. In addition to the second-degree battery charge, Evangelist also was charged with false imprisonment with a weapon.
Smith was suspended for 120 days, then returned to work.
After the beating, Davis was booked on municipal charges of public intoxication, resisting arrest, battery on a police officer and public intimidation — all of which were later dropped. "I haven't had a drink in 25 years," Davis said in an interview earlier this year.
www.nola.com/newsflash/louisiana/index.ssf?/base/news-28/1163788190297150.xml&storylist=louisiana
See the video here:
policecrime.proboards28.com/index.cgi?action=display&board=www&thread=1129247440&page=1
An officer who is still on the force will be tried March 14 on a misdemeanor charge of simple battery against an Associated Press Television News producer. The APTN cameraman with him taped both confrontations.
State District Judge Frank Marullo said he wanted fired officers Robert Evangelist and Lance Schilling tried before he hears the case of Officer Stewart Smith to avoid the chance that reports about Smith's case might affect the former officers' jury in the felony case.
He also said attorneys should subpoena two FBI agents who were present when Robert Davis, 64, a retired teacher, was arrested and beaten. Prosecutors dropped charges against Davis in April.
Franz Zibilich, who represents Schilling, asked about the FBI agents during Friday's hearing.
"If they were involved, why weren't they charged?" Marullo asked.
Dustin Davis, the assistant district attorney handling the case said evidence indicated that, although the agents "did participate to a certain degree," they did not commit any crime.
"It seems to me that's at least the definition of a principal" to a crime, Zibilich said. He said he wanted to see if the agents' statements — and any internal investigation by the FBI — might tend to clear his client.
FBI officials in New Orleans were not immediately available for comment when called Friday afternoon.
The beating was recorded a few weeks after Hurricane Katrina, which struck New Orleans Aug. 29, 2005.
Robert Davis had returned to New Orleans to check his property. He said he was looking for a place to buy cigarettes in the French Quarter when police grabbed him. The Oct. 8, 2005, beating was videotaped by an APTN crew covering the aftermath of the hurricane.
The tape shows an officer hitting Davis at least four times on the head. Davis twisted and flailed as he was dragged to the ground. One officer kneed Davis and punched him twice. The tape also showed Davis lying on the sidewalk, blood flowing from his wounds into the gutter.
Evangelist and Schilling were fired after the beating. In addition to the second-degree battery charge, Evangelist also was charged with false imprisonment with a weapon.
Smith was suspended for 120 days, then returned to work.
After the beating, Davis was booked on municipal charges of public intoxication, resisting arrest, battery on a police officer and public intimidation — all of which were later dropped. "I haven't had a drink in 25 years," Davis said in an interview earlier this year.
www.nola.com/newsflash/louisiana/index.ssf?/base/news-28/1163788190297150.xml&storylist=louisiana
See the video here:
policecrime.proboards28.com/index.cgi?action=display&board=www&thread=1129247440&page=1