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.
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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
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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
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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
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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
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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.
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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.
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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
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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,
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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"
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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
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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
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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
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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.
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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.
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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.
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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
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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.
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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
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against a number of employees of the police department and district attorney's office. He alleged a number of violations of his
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witness testified that he was coerced to falsely implicate Cousin in exchange for a reduced sentence on other charges. Cousin's
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dropped the case, saying there was not sufficient evidence for a second trial. No one else has been prosecuted for the murder.
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The fact that the statements by Rowell and Babin, proven to be unreliable, were the only evidence against Cousin led to the
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of the witness. The prosecutors in this case used their memory of Rowell's earlier statements to attempt to prove
Shareef's
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she could not identify the shooter as she wasn't wearing her glasses, but this statement was not disclosed to the
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The case of
Shareef Cousin is frequently cited as an example of the unreliable nature of eyewitness testimony.
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and suppression of exculpatory evidence were discovered in the case. The primary eyewitness initially told
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denied having the conversation with Cousin and instead told the jury that he was only saying what his
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reported that the trial took place during one of the coldest Januarys in New Orleans history.
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at the time, decided to drop the case, citing lack of evidence to pursue it any further.
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472:"The Untouchables: America's Misbehaving Prosecutors, And The System That Protects Them"
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Cousin filed an appeal, which reached the Louisiana Supreme Court, on the basis of the
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and the district attorney told him to say, alleging they threatened him with a long
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game at the time of the murder. A video of the game was also presented at court.
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Cousin was convicted of first-degree murder by the jury and sentenced to death.
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Christopher John Farley and James Willwerth, "Dead Teen Walking,"
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668:"DA Drops Charges Against Teen Accused in French Quarter Killing"
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606:. United States Court of Appeals, Fifth Circuit. March 24, 2003.
643:"National News Briefs; No Retrial for Man Who Was on Death Row"
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Cousin's trial, in order to conceal the deal from the defense.
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The Injustice System: A Murder in Miami and a Trial Gone Wrong
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The Injustice System: A Murder in Miami and a Trial Gone Wrong
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witness testimony is legal, it can only be used to show the
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132:. Police put Cousin in a line-up and Babin picked him out.
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Being wrongfully convicted of the murder of Michael Gerardi
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Cousin was convicted almost solely on the basis of one
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evidence and therefore should not have been allowed.
562:"Jordan W. Jordan Attorney Disciplinary Proceedings"
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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
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754:American people wrongfully convicted of murder
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61:in Louisiana, and one of the youngest in the
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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).
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567:. Supreme Court of Louisiana. 2005-06-29.
378:"No Retrial for Man Who Was on Death Row"
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444:. The National Registry of Exonerations
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495:"State of Louisiana V. Shareef Cousin"
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183:Misconduct allegations and appeal
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470:Balko, Radley (8 August 2013).
354:"Amnesty International, Canada"
296:List of revoked death sentences
258:According to defense attorney
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500:. Supreme Court of Louisiana.
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728:"Interview with Neal Conan"
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32:1979 (age 44–45)
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419:Zorn, Eric (May 8, 2001).
331:. Northwestern Law School
70:eyewitness identification
53:who was convicted of the
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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.
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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
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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
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