Duo "not guilty" 2 years after arrest: Those working in the Orleans Parish "justice" system plod through their cases so slowly it's like they're afraid of working themselves out of a job otherwise. (Hardly likely, considering the number of defendants packed into OPP.)
But this case may set some sort of unofficial record for its snail-pace through Criminal Court:
Last Thursday (10.15.09), a jury found Edmu
nd Gab
riel (left) and Armand Watson (right) not guilty of armed robbery with a firearm--over 2 years after they were arrested for the crime.
While appearing in court no less than 2 dozen times over that span, they endured the usual delays requested by the prosecutors and their own public defenders. All the while, they were incarcerated in the hell-hole known as Orleans Parish Prison, held on a $125,000 bond each.
Neither Gabriel, 29 at the time of his arrest and a resident of the Iberville Housing Project, nor Watson, 34 then and a resident on nearby Basin Street, were strangers to crime. Gabriel was a fugitive from paying a fine for marijuana possession. Watson is a felon who had racked up numerous arrests and convictions for drug dealing and illegal possession of firearms.
They were arrested 9.13.07 after James Tomeny, 38, reported he was robbed at gunpoint by 2 black men in front of 929 Orleans Ave. just after midnight. He told 8th District cops they forced him onto the stoop and put a gun to his head while rifling through his pants' pockets.
NOPD Det. Scott Carroll, patrolling in the area, heard the description of the 2 suspects put out over the radio: one 6' tall, weighing 195 pounds, wearing a stripped polo shirt and dark colored jeans; the other wearing a white T-shirt and white and blue shorts.
He spotted Gabriel and Watson, who matched the description, in the 900 block of Conti Street. He detained them while the officers who took the report brought the victim there to see if he could identify them. Tomeny "positively identified" them as the duo who had robbed him, according to the police report.
After all the delays--through 3 district attorneys--their cases were set for trial on 9.8.09 in July this year. They sat in OPP another 2 months waiting. When September came, assistant prosecutors representing DA Leon Cannizzaro asked for another continuance. Judge Lynda Van Davis granted it and reset the trial for 10.14.09.
When that date (last Wednesday) rolled around, the public defenders representing Gabriel and Watson had 15 minutes for their opening arguments before the jurors were sent home for the night at 5:45 p.m. When the trial resumed the next day, the defense's closing argument began at 2:39 p.m. and wrapped up by 3:14 p.m.
All of a sudden it had become a speedy trial, taking a total of about 45 minutes after 2 years of delays. The jury quickly returned with a verdict of "not guilty" against each of the defendants.
Again, this might be a case of being found "not guilty" rather than "innocent". But if you believe in the American judicial system--as most of us profess to--we should agree that anyone left sitting in jail for over 2 years while they're innocent--or ultimately found not guilty--is a miscarriage of justice. Prosecutions and trials can be accelerated without sacrificing the truth.
Most cases in Orleans Parish Criminal District Court wend through a similar convoluted path--though not for as long. Most then end with the defendant pleading guilty to a lesser charge--which could have been accelerated from the initial appearance in court.
And no judge, prosecutor or public defender would have been in the unemployment line. But taxpayers would have benefited from justice quickly applied.
Nearly as long, different results: An 8th District detective thought
for sure Eric D. Lewis was the guy who robbed Cosimo's bar just before Christmas in 2007 and then Good Friends Bar a couple of weeks later. But last Tuesday (10.13.09), a jury only partially agreed with him.
The jury voted 10-2 to convict Lewis, now 36, of 1st-degree robbery in the hold-up at Good Friends, 740 Dauphine St. on 1.6.08, but found him not guilty in the incident at Cosimo's, 1201 Burgundy St. on 12.23.07.
In both cases, Det. Jason Giroir had video surveillance tape from each robbery. But apparently eyewitness testimony was more persuasive from Good Friends.
Judge Camille Buras is due to sentence Lewis on 12.2.09. He faces 3 to 40 years in prison as the culmination of his 20-year career as a criminal.
More recently: A couple of white guys, one 23 the other 24, were robbed at gunpoint while walking in the 800 block of Union Street (between Carondelet and Baronne streets) at 11:30 p.m. Saturday (10.17.09). The robbers made off with the victims' cash and cellphones.
Both robbers were described as black guys, 20 to 25 years old, 5'8" tall, weighing 150 pounds; both were wearing black hoodies, both had dark complexions and were clean shaven; the only difference is, one had shoulder-length dreadlocks and the other short dreadlocks.
Trio arrested for thefts: 8th District cops arrested 3 suspects--including a woman and a man dressed like one--for 3 purse/pocket snatchings over the weekend:
Friday (10.16.09) 9:05 p.m.: Joshua Argeyo, 17, was arrested for grabbing the purse of a white woman walking in the 900 block of Canal Street (between Dauphine and Burgundy streets). He is being held on $27,500 bond on charges of simple robbery and resisting arrest.
- Saturday (10.17.09) 12:10 a.m.: Nelson Segura, 24, who was dressed as a wom
an, was arrested after he allegedly accosted a white man in the 400 block of Bourbon Street (between Conti and St. Louis streets). He reached into the man's pocket, supposedly groping for the victim's money.
Segura, who has a long criminal history, including multiple charges for prostitution, was charged with simple robbery and simple battery. He is being held on $28,000 bond.
Sunday (10.18.09) 4 a.m.: Keva Sims, 18, was arrested after she reportedly grabbed the purse of an Asian woman walking in the 500 block of Bourbon Street (between St. Louis and Toulouse streets). Sims was charged with pursesnatching and is being held on $25,000 bond.
Rough stuff: A trio of white guys were attacked after an argument with 2 Asian guys inside Red Eye Grill, 852 S. Peters St., on Saturday (10.17.09) around 12:46 a.m.
It wasn't until after the aliens fled that 2 of the white guys noticed they'd been stabbed. One, 30 years old, was stabbed several times in the torso; another, 27 years old, was stabbed in the right forearm.
The attackers were both described as 5'8" tall, weighing 150 pounds; one was wearing a long-sleeve black button-down shirt and the other a white short-sleeve button-down shirt.
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As always, your comments and suggestions are welcome at NOcrimeline@gmail.com
Thom Kahler