NEW ORLEANS (AP) - A federal judge has refused to disqualify himself from presiding over the retrial of a former New Orleans police officer on charges he killed a man without justification in Hurricane Katrina's aftermath before another officer burned the body in a car.
Lawyers for the former officer, David Warren, argued U.S. District Judge Lance Africk made comments on the case that call his impartiality into question. On Wednesday, however, Africk said his criticism of Warren's conduct and credibility doesn't warrant his recusal.
During Warren's sentencing, Africk said Warren's testimony about the shooting of 31-year-old Henry Glover was "contrived and fabricated." The 5th U.S. Circuit Court of Appeals ordered a new trial for Warren in December, ruling Africk should have separated his trial from four other officers charged in Glover's 2005 death.