Posted: Jun 4, 2011 10:02 AM by Chris Welty
Updated: Jun 4, 2011 10:03 AM
NEW ORLEANS (AP) - Federal prosecutors are appealing a judge's
decision to order a new trial for a former New Orleans police
officer convicted of writing a false report on a deadly police
shooting after Hurricane Katrina.
A notice of appeal filed Friday by U.S. Attorney Jim Letten's
office says it's asking the 5th U.S. Circuit Court of Appeals to
review last month's ruling.
U.S. District Judge Lance Africk ruled Travis McCabe deserves a
second trial because newly discovered evidence - a different copy
of the report he was accused of doctoring - surfaced after his
A jury also convicted a former officer, David Warren, of
manslaughter for shooting 31-year-old Henry Glover without
justification and convicted another former officer, Gregory McRae,
of burning Glover's body in a car.
J. Michael Small, one of McCabe's attorneys, said he had hoped
the government "would let the case die."
"The prosecution has nothing to lose by going to the 5th
Circuit," he said in a statement. "If they don't prevail in that
court, they are no worse off than they are now. They will still
have to decide whether they really want to retry Mr. McCabe in view
of the new evidence."