Southern Corruption at Its Best
Judge acquits New Orleans cop in videotaped beating
A former police officer accused in the videotaped beating of a man in the French Quarter after Hurricane Katrina was acquitted Tuesday by a judge who heard the case without a jury.
"I didn't even find this a close call," said [winked?] District Judge Frank Marullo[, racist].
Robert Evangelist, 37, had been charged with beating Robert Davis, 66, during an arrest videotaped by an Associated Press Television News crew the night of October 8, 2005, about six weeks after Katrina.
Evangelist, who elected to have his case heard by Marullo without a jury [so as to avoid being heard by impartial, presumably not-racist fact-finders], pleaded not guilty to second-degree battery and false imprisonment. [There’s already a little favorable prosecutorial discretion thrown in there.] Marullo acquitted him of both counts [because he has no respect for accountability, at least, if you aren’t poor, powerless, or black, in which case you will be held accountable for everything any reasonable person, construed liberally, could reasonably foresee].
Marullo watched videotapes of the beating and its aftermath and he noted that Davis could be seen struggling on the tape for several minutes. [People do tend to struggle when they’re being mercilessly beaten.]
"This event could have ended at any time if the man had put his hands behind his back," the judge said [winked?].
Evangelist and Lance Schilling were fired after being accused of the beating. Schilling [did a favor to humanity and] killed himself June 10.
A third officer, Stuart Smith, was accused of a misdemeanor charge of simple battery against Associated Press producer Richard Matthews. Marullo threw out that charge because prosecutors improperly used a statement he made to police, said Smith's attorney, Eric Hessler, [the first such statement Marullo has ever found to have been obtained unconstitutionally by the police].
Smith served a 120-day suspension and [disgracefully] remains on the force.
The officers said Davis, who had returned to New Orleans to check his property, started a confrontation after they stopped him on suspicion of being drunk [black?]. Davis, who was booked with public intoxication but never charged, said he hadn't been drinking.
Davis testified Tuesday that he was headed to buy cigarettes in the French Quarter when he asked a police officer what time a curfew took effect that night. Before the officer could answer, a different officer cut him off, Davis said.
"Those were ignorant, unprofessional and rude officers," Davis recalled saying as he walked away from the policemen.
Moments later, an officer grabbed him from behind, threw him against a wall and punched his face, Davis testified. His assailant uttered a racial epithet during the attack, he said.
"I don't remember very much after that point," Davis said.
Franz Zibilich, one of Evangelist's attorneys, said his client "acted appropriately and well within police standards." [Ironically, this was true, and nonetheless said without any hint of irony.]
Dr. Frances Smith, who treated Davis at an emergency room, testified that he suffered facial fractures. Davis said he still feels lingering physical effects from the attack.
A former police officer accused in the videotaped beating of a man in the French Quarter after Hurricane Katrina was acquitted Tuesday by a judge who heard the case without a jury.
"I didn't even find this a close call," said [winked?] District Judge Frank Marullo[, racist].
Robert Evangelist, 37, had been charged with beating Robert Davis, 66, during an arrest videotaped by an Associated Press Television News crew the night of October 8, 2005, about six weeks after Katrina.
Evangelist, who elected to have his case heard by Marullo without a jury [so as to avoid being heard by impartial, presumably not-racist fact-finders], pleaded not guilty to second-degree battery and false imprisonment. [There’s already a little favorable prosecutorial discretion thrown in there.] Marullo acquitted him of both counts [because he has no respect for accountability, at least, if you aren’t poor, powerless, or black, in which case you will be held accountable for everything any reasonable person, construed liberally, could reasonably foresee].
Marullo watched videotapes of the beating and its aftermath and he noted that Davis could be seen struggling on the tape for several minutes. [People do tend to struggle when they’re being mercilessly beaten.]
"This event could have ended at any time if the man had put his hands behind his back," the judge said [winked?].
Evangelist and Lance Schilling were fired after being accused of the beating. Schilling [did a favor to humanity and] killed himself June 10.
A third officer, Stuart Smith, was accused of a misdemeanor charge of simple battery against Associated Press producer Richard Matthews. Marullo threw out that charge because prosecutors improperly used a statement he made to police, said Smith's attorney, Eric Hessler, [the first such statement Marullo has ever found to have been obtained unconstitutionally by the police].
Smith served a 120-day suspension and [disgracefully] remains on the force.
The officers said Davis, who had returned to New Orleans to check his property, started a confrontation after they stopped him on suspicion of being drunk [black?]. Davis, who was booked with public intoxication but never charged, said he hadn't been drinking.
Davis testified Tuesday that he was headed to buy cigarettes in the French Quarter when he asked a police officer what time a curfew took effect that night. Before the officer could answer, a different officer cut him off, Davis said.
"Those were ignorant, unprofessional and rude officers," Davis recalled saying as he walked away from the policemen.
Moments later, an officer grabbed him from behind, threw him against a wall and punched his face, Davis testified. His assailant uttered a racial epithet during the attack, he said.
"I don't remember very much after that point," Davis said.
Franz Zibilich, one of Evangelist's attorneys, said his client "acted appropriately and well within police standards." [Ironically, this was true, and nonetheless said without any hint of irony.]
Dr. Frances Smith, who treated Davis at an emergency room, testified that he suffered facial fractures. Davis said he still feels lingering physical effects from the attack.
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