Knowledge

Shareef Cousin

Source 📝

191:, the defense uncovered a number of instances of misconduct by the prosecution. Among them was statement made by Connie Babin on the night of the murder where she explained to police that she did not get a good look at the gunman or his accomplices because of the distance and would not be able to identify him. She also said that she was not wearing her glasses on the night of the murder and could see only patterns and shapes. Other discrepancies also were revealed: She told police the shooter was "slightly shorter" than Gerardi; Cousin is 4 in. taller than the victim. The prosecutors did not disclose these statements to the defense. This information was crucial to the defense, as Babin's identification of Cousin was the only evidence linking him to the murder. The attorneys received the statement from an anonymous source. 160:
Shareef's defense team presented witnesses, including two Parks and Recreation supervisors, who testified that Cousin had played in a basketball game in another part of the city and was being driven home by his coach at the time the crime was committed. There was also video footage of Cousin playing
140:
Babin testified at trial that she was "absolutely positive" that she had seen Cousin commit the murder. James Rowell was also called to testify against Cousin. Rowell was expected to testify for the prosecution that Cousin had bragged about the murder to him. However, when Rowell took the stand, he
118:
On March 2, 1995, Michael Gerardi took a woman named Connie Babin on their first date to the Port of Call restaurant in the French Quarter of New Orleans. After dinner, the couple left the restaurant to return to Gerardi's vehicle parked around the corner. Three black teenage males approached the
198:
Evidence was also discovered that the prosecution may have taken steps to prevent a number of defense witnesses from testifying. The defense was unable to locate during the trial four witnesses whom it had planned to call to testify. It was later discovered that the prosecution instructed these
199:
witnesses to go to the district attorney's office and remain there for the duration of the trial. The location of those witnesses was not disclosed to Cousin or his attorney. Upon questioning, the prosecutor said that he had taken them there for their own comfort as it was hot outside.
282:. He alleged that the prosecution withheld a number of exculpatory statements, coerced and intimidated Rowell, and took steps to prevent his own defense witnesses from testifying on his behalf by illegally detaining them. The courts ruled against him on the basis that prosecutors have 254:
In June 2005, prosecutor Roger Jordan was disciplined by the Louisiana Supreme Court for his misconduct in Cousin's case. His license to practice law was suspended for three months. However, the suspension was deferred on condition of good conduct for one year.
72:
provided by a woman who was the date of the victim, who said he was one of three black males who accosted them. No physical evidence linked him to the crime scene. A number of other witnesses insisted Cousin had been playing in a youth league
237:
overturning Cousin's conviction in 1998. It ordered a new trial on the grounds that evidence was mishandled and improperly used by the prosecution. The supreme court referred to it as "a flagrant misuse" of evidence. A few months later,
194:
The prosecutor also withheld other witness statements from the defense. A local bird watcher witnessed the crime through his binoculars and took down a license plate number. He reported the tip through the Crime Stoppers tip line.
604:"Shareef COUSIN, Plaintiff-Appellant, v. Anthony SMALL, et al., Defendants, Byron Berry, Roger Jordan, and Harry Connick, Individually and in His Capacity as District Attorney for Orleans Parish, Defendants-Appellees" 127:
On March 28, 1995, the police arrested 16-year-old Shareef Cousin, a resident of the city. He had been named by James Rowell, a former friend who was seeking leniency for charges he faced arising from several
171:
who supposedly positively identified Cousin as the murderer, but they were never called to testify. It later came to light that the detective had lied about having additional witnesses in order to get the
149:
sentence if he didn't give them Shareef. Rowell also alleged that the prosecutors told him to lie about whether or not he had a deal, noting they scheduled his own hearing so it would not take place until
157:
In response, the prosecution called the lawyer and a police detective who was present for Rowell's deposition. Those witnesses testified to what Rowell had previously said.
266:
tip line to report Cousin after police had already identified the teen as a suspect. This led to the arrest of the teen. The detective collected the $ 10,500 reward.
753: 743: 119:
vehicle. Gerardi yelled at his date to run away, which she did. As she was running, she turned around and saw one of the teens shoot Gerardi in the face.
214:
to the defense. His appeal also identified the improper use of the testimony of Rowell's attorney and the police officer. While the use of witnesses to
305: 161:
in a basketball game during the time of the murder. Prosecutors argued that the date and time stamp could be inaccurate if it was set incorrectly.
57:
of Michael Gerardi in 1996 and sentenced to death as a juvenile in Louisiana. At age 17, he became the youngest condemned convict to be put on
722: 400: 642: 377: 471: 324: 535: 667: 278:
against a number of employees of the police department and district attorney's office. He alleged a number of violations of his
99:
witness testified that he was coerced to falsely implicate Cousin in exchange for a reduced sentence on other charges. Cousin's
107:
dropped the case, saying there was not sufficient evidence for a second trial. No one else has been prosecuted for the murder.
420: 233:
The fact that the statements by Rowell and Babin, proven to be unreliable, were the only evidence against Cousin led to the
222:
of the witness. The prosecutors in this case used their memory of Rowell's earlier statements to attempt to prove Shareef's
300: 704: 545: 262:, Regina Small told him that her husband, Detective Anthony Small, who was involved in the Cousin case, had called the 694: 353: 88:
she could not identify the shooter as she wasn't wearing her glasses, but this statement was not disclosed to the
441: 295: 142: 110:
The case of Shareef Cousin is frequently cited as an example of the unreliable nature of eyewitness testimony.
84:
and suppression of exculpatory evidence were discovered in the case. The primary eyewitness initially told
141:
denied having the conversation with Cousin and instead told the jury that he was only saying what his
69: 81: 234: 727: 511: 748: 660: 203:
reported that the trial took place during one of the coldest Januarys in New Orleans history.
620: 758: 259: 211: 603: 8: 246:
at the time, decided to drop the case, citing lack of evidence to pursue it any further.
215: 100: 54: 472:"The Untouchables: America's Misbehaving Prosecutors, And The System That Protects Them" 578: 206:
Cousin filed an appeal, which reached the Louisiana Supreme Court, on the basis of the
700: 541: 283: 243: 239: 104: 145:
and the district attorney told him to say, alleging they threatened him with a long
89: 207: 77:
game at the time of the murder. A video of the game was also presented at court.
561: 494: 179:
Cousin was convicted of first-degree murder by the jury and sentenced to death.
263: 188: 173: 737: 62: 279: 223: 219: 96: 50: 635: 357: 275: 74: 168: 164: 129: 58: 401:
Christopher John Farley and James Willwerth, "Dead Teen Walking,"
210:, which is the failure of the prosecution to disclose potentially 668:"DA Drops Charges Against Teen Accused in French Quarter Killing" 227: 606:. United States Court of Appeals, Fifth Circuit. March 24, 2003. 643:"National News Briefs; No Retrial for Man Who Was on Death Row" 154:
Cousin's trial, in order to conceal the deal from the defense.
85: 696:
The Injustice System: A Murder in Miami and a Trial Gone Wrong
537:
The Injustice System: A Murder in Miami and a Trial Gone Wrong
218:
witness testimony is legal, it can only be used to show the
146: 132:. Police put Cousin in a line-up and Babin picked him out. 40:
Being wrongfully convicted of the murder of Michael Gerardi
517: 529: 527: 68:
Cousin was convicted almost solely on the basis of one
230:
evidence and therefore should not have been allowed.
562:"Jordan W. Jordan Attorney Disciplinary Proceedings" 524: 504: 182: 421:"Truth is blurred by witnesses in Death Row cases" 306:List of wrongful convictions in the United States 103:and death sentence were overturned in 1998. The 735: 615: 613: 754:American people wrongfully convicted of murder 692: 61:in Louisiana, and one of the youngest in the 610: 49:(born 1979) is an African-American man from 744:Overturned convictions in the United States 693:Stafford Smith, Clive (November 8, 2012). 534:Smith, Clive Stafford (November 8, 2012). 571: 567:. Supreme Court of Louisiana. 2005-06-29. 378:"No Retrial for Man Who Was on Death Row" 348: 346: 226:. Their statements were determined to be 80:During appeals, a number of instances of 686: 598: 596: 594: 592: 489: 487: 485: 483: 481: 436: 434: 432: 430: 465: 463: 461: 459: 444:. The National Registry of Exonerations 384:, 10 January 1999; accessed 7 June 2017 736: 554: 495:"State of Louisiana V. Shareef Cousin" 414: 412: 396: 394: 392: 390: 343: 329:Bluhm legal clinic: meet the exonerees 589: 533: 478: 469: 427: 249: 16:African-American man from New Orleans 456: 418: 317: 301:List of exonerated death row inmates 167:Anthony Small listed two additional 409: 387: 13: 371: 14: 770: 716: 183:Misconduct allegations and appeal 122: 470:Balko, Radley (8 August 2013). 354:"Amnesty International, Canada" 296:List of revoked death sentences 258:According to defense attorney 1: 500:. Supreme Court of Louisiana. 311: 269: 7: 728:"Interview with Neal Conan" 289: 32:1979 (age 44–45) 10: 775: 419:Zorn, Eric (May 8, 2001). 331:. Northwestern Law School 70:eyewitness identification 53:who was convicted of the 36: 28: 21: 135: 113: 82:prosecutorial misconduct 235:Louisiana Supreme Court 723:TIME Magazine article 622:In re Roger W. Jordan 513:Getting Off Death Row 260:Clive Stafford Smith 212:exculpatory evidence 55:first-degree murder 649:, January 10, 1999 647:The New York Times 474:. Huffington Post. 423:. Chicago Tribune. 250:Disciplinary Board 674:. January 8, 1999 583:Innocence Project 405:January 19, 1998. 284:absolute immunity 240:Harry Connick Sr. 44: 43: 766: 711: 710: 699:. Viking Adult. 690: 684: 683: 681: 679: 664: 658: 657: 656: 654: 639: 633: 632: 631: 630: 617: 608: 607: 600: 587: 586: 579:"Shareef Cousin" 575: 569: 568: 566: 558: 552: 551: 540:. Viking Adult. 531: 522: 521: 520:, March 26, 2007 508: 502: 501: 499: 491: 476: 475: 467: 454: 453: 451: 449: 442:"Shareef Cousin" 438: 425: 424: 416: 407: 398: 385: 375: 369: 368: 366: 365: 356:. Archived from 350: 341: 340: 338: 336: 325:"Shareef Cousin" 321: 208:Brady violations 19: 18: 774: 773: 769: 768: 767: 765: 764: 763: 734: 733: 719: 714: 707: 691: 687: 677: 675: 666: 665: 661: 652: 650: 641: 640: 636: 628: 626: 619: 618: 611: 602: 601: 590: 577: 576: 572: 564: 560: 559: 555: 548: 532: 525: 510: 509: 505: 497: 493: 492: 479: 468: 457: 447: 445: 440: 439: 428: 417: 410: 399: 388: 376: 372: 363: 361: 352: 351: 344: 334: 332: 323: 322: 318: 314: 292: 274:Cousin filed a 272: 252: 185: 138: 125: 116: 24: 17: 12: 11: 5: 772: 762: 761: 756: 751: 746: 732: 731: 725: 718: 717:External links 715: 713: 712: 706:978-0670023707 705: 685: 659: 634: 609: 588: 570: 553: 547:978-0670023707 546: 523: 503: 477: 455: 426: 408: 403:TIME Magazine, 386: 382:New York Times 370: 342: 315: 313: 310: 309: 308: 303: 298: 291: 288: 271: 268: 264:Crime Stoppers 251: 248: 184: 181: 137: 134: 124: 121: 115: 112: 47:Shareef Cousin 42: 41: 38: 37:Known for 34: 33: 30: 26: 25: 23:Shareef Cousin 22: 15: 9: 6: 4: 3: 2: 771: 760: 757: 755: 752: 750: 749:Living people 747: 745: 742: 741: 739: 729: 726: 724: 721: 720: 708: 702: 698: 697: 689: 673: 669: 663: 648: 644: 638: 624: 623: 616: 614: 605: 599: 597: 595: 593: 584: 580: 574: 563: 557: 549: 543: 539: 538: 530: 528: 519: 515: 514: 507: 496: 490: 488: 486: 484: 482: 473: 466: 464: 462: 460: 443: 437: 435: 433: 431: 422: 415: 413: 406: 404: 397: 395: 393: 391: 383: 379: 374: 360:on 2007-01-19 359: 355: 349: 347: 330: 326: 320: 316: 307: 304: 302: 299: 297: 294: 293: 287: 285: 281: 277: 267: 265: 261: 256: 247: 245: 241: 236: 231: 229: 225: 221: 217: 213: 209: 204: 202: 201:Time magazine 196: 192: 190: 180: 177: 175: 170: 166: 162: 158: 155: 153: 148: 144: 133: 131: 123:Investigation 120: 111: 108: 106: 102: 98: 93: 91: 87: 83: 78: 76: 71: 66: 64: 63:United States 60: 56: 52: 48: 39: 35: 31: 27: 20: 695: 688: 676:. Retrieved 671: 662: 651:, retrieved 646: 637: 627:, retrieved 625:, 2005-06-29 621: 582: 573: 556: 536: 512: 506: 446:. Retrieved 402: 381: 373: 362:. Retrieved 358:the original 333:. Retrieved 328: 319: 280:civil rights 273: 257: 253: 232: 205: 200: 197: 193: 186: 178: 163: 159: 156: 151: 139: 126: 117: 109: 94: 79: 67: 46: 45: 759:1979 births 220:credibility 97:prosecution 51:New Orleans 738:Categories 672:Daily News 653:January 3, 629:2020-10-17 364:2007-01-15 312:References 276:civil suit 270:Civil suit 187:After the 101:conviction 75:basketball 678:3 January 169:witnesses 165:Detective 130:robberies 59:death row 290:See also 143:attorney 95:Another 448:22 June 335:25 June 228:hearsay 216:impeach 174:warrant 90:defense 703:  544:  242:, the 86:police 730:, NPR 565:(PDF) 498:(PDF) 224:guilt 189:trial 152:after 136:Trial 114:Crime 701:ISBN 680:2012 655:2012 542:ISBN 450:2014 337:2014 147:jail 29:Born 518:NPR 92:. 740:: 670:. 645:, 612:^ 591:^ 581:. 526:^ 516:, 480:^ 458:^ 429:^ 411:^ 389:^ 380:, 345:^ 327:. 286:. 244:DA 176:. 105:DA 65:. 709:. 682:. 585:. 550:. 452:. 367:. 339:.

Index

New Orleans
first-degree murder
death row
United States
eyewitness identification
basketball
prosecutorial misconduct
police
defense
prosecution
conviction
DA
robberies
attorney
jail
Detective
witnesses
warrant
trial
Brady violations
exculpatory evidence
impeach
credibility
guilt
hearsay
Louisiana Supreme Court
Harry Connick Sr.
DA
Clive Stafford Smith
Crime Stoppers

Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.