New motions to be heard in Henry Glover case - FOX 8, WVUE, fox8live.com, weather, app, news, saints

New motions to be heard in Henry Glover case

Henry Glover and the burned-out vehicle where his body was found Henry Glover and the burned-out vehicle where his body was found

All eyes will be on Federal Court Thursday, as a death case dating back to Hurricane Katrina returns to court.

The officers accused in the death of Henry Glover are getting new trials, and they don't want them to be held in New Orleans.

Officers David Warren and Travis McCabe, were awarded new trials back in December after a federal appeals panel found they should not have been tried together. Now, as they prepare for those new trials, their attorneys hope to have it moved out of New Orleans.

You may recall, a jury convicted NOPD Officer David Warren of firing the shot that killed Henry Glover, and Officer Travis McCabe was convicted of writing a false report on the incident. The officers were found guilty in 2010 in Glover's death, following the discovery of his beheaded and burned body in a torched car behind an Algiers levee after Katrina.

Their attorneys say the case received too much publicity for them to get fair retrials in New Orleans. Wednesday, they went to Federal Magistrate Court for a closed hearing on the evidence in their claim.  Afterward they were tight-lipped about what was said behind locked doors.

Warren's attorney Rick Simmons said, "Certain evidence may not be admissible in the second trial so we are proceeding with discovery on that.  It's under seal."

The federal magistrate did not rule on the pre-evidentiary issues addressed in the closed hearing, but all sides are expected to appear Thursday morning in the courtroom of Judge Lance Africk, in spite of an earlier effort to have the judge recused from that case.

The court is also expected to consider a motion to have Warren released on bond, pending the outcome of the trial.

Warren's trial is set for Monday, August 26.  McCabe's trial is set for Monday, September 23.

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