said a statement from David Welker, special agent in charge of the
FBI's New Orleans office. "The affidavit remains under seal."
A search warrant was executed Wednesday at the department's homicide office, according to the FBI.
The New Orleans Times-Picayune, in a story published Friday, cited
unnamed law enforcement sources as saying the agents seized the files
and computer hard drives of two officers assigned to investigate police
conduct in the bridge shooting -- Sgt. Arthur Kaufman and Sgt. Gerard
Dugue.
Police Department spokesman Bob Young told the newspaper
that federal agents were joined by investigators from the department's
Public Integrity Bureau in executing the warrant. The Police Department
"is cooperating with the U.S. attorney's office and the FBI in their
continuing investigation into the Danziger Bridge incident," Young said
in a written statement, the Times-Picayune reported. Young did not
immediately return a call from CNN on Monday.
The bridge
shootings occurred September 4, 2005, days after Katrina slammed into
the Gulf Coast. Two men were killed and four were wounded as they
attempted to evacuate New Orleans by crossing the Danziger Bridge over the Industrial Canal in eastern New Orleans.
Seven police officers were initially charged in the case. They were
responding to reports that rescue workers had heard gunfire and that an
officer had been wounded on the bridge. Police have said officers fired
shots only after being shot at, although some evidence contradicts that.
Ronald Madison, 40, and James Brissette, 19, were killed. Autopsy
results showed that Madison, a mentally ill man with no criminal
record, was shot in the back. No weapon was found on or near his body.
In August 2008, a judge quashed indictments against Sgts. Kenneth Bowen
and Robert Gisevius Jr., Officer Anthony Villavaso II and former
Officer Robert Faulcon Jr., who were all facing first-degree murder and
attempted murder charges. In addition, he threw out attempted
first-degree murder charges against Officers Mike Hunter Jr. and Robert
Barrios, and attempted second-degree murder charges against Officer
Ignatius Hills.
In doing so, now-retired Criminal District Judge
Raymond Bigelow noted that Bowen, Hills and Hunter were all forced to
testify before the same grand jury that indicted them and the four
others. Louisiana law says that information from a person's testimony
cannot be used against them in a criminal case, the judge said. "The
state improperly used the testimony of these officers to indict them as
well as the others," Bigelow said. He cited testimony in which a police
lieutenant said he had been shown Bowen's grand jury testimony.
In September, however, the Department of Justice's Civil Rights
Division, the U.S. Attorney's Office for the Eastern District of
Louisiana and the FBI's New Orleans office issued a statement saying
they plan to conduct "an independent and thorough review" of the
Danziger Bridge incident.
"In the best spirit of law enforcement
cooperation, and at the request of the victim's families, the New
Orleans district attorney has referred the matter to the United States
Department of Justice for review," Jim Letten, U.S. attorney for the
Eastern District of Louisiana, said in the statement. "... The Civil
Rights division, FBI and our U.S. attorney's office will utilize as
much time and resources as necessary to determine whether there are any
prosecutable violations of federal criminal law in this matter."
Mary Howell, a New Orleans
attorney representing Madison's family in a civil rights suit against
city officials, said Monday she understands the Justice Department is
investigating several incidents involving the Police Department in the
days after Katrina, including the bridge shooting.
"It appears
that they're serious, and hopefully they will be thorough," she said.
"There's a lot that happened during that time that is not known now and
frankly may never be known." She called the federal investigation the
"best shot" at uncovering the truth.
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