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Feb 6, 2014 10:49 PM by AP

Judge dismisses charges in Katrina cover-up death

NEW ORLEANS (AP) - A federal judge on Thursday threw out charges against a former New Orleans policeman who faced a retrial next month on charges he helped cover up a deadly police shooting after Hurricane Katrina.

Prosecutors had asked U.S. District Judge Lance Africk to dismiss the case against former Lt. Travis McCabe, who was convicted of writing a false report on the shooting of 31-year-old Henry Glover, and he did so "with prejudice."

Africk had ordered a new trial for McCabe based on evidence that surfaced after his conviction. It was scheduled to begin March 10.

Attorneys for McCabe did not immediately return a telephone call or email requesting comment about Africk's ruling.

There is now just one former officer, Gregory McRae, who remains convicted in the case.

McRae was found guilty in 2010 of burning Glover's body in a car after a good Samaritan drove the dying man to a makeshift police compound. Africk sentenced McRae to more than 17 years in prison.

A three-judge panel of the 5th U.S. Circuit Court of Appeals upheld McRae's conviction but ordered Africk to resentence him. Resentencing is set for March 13.

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