Author: ProPublica

  • Whistleblower sues to stop another BP rig from operating

    atlantis_rig.JPGBy Abrahm Lustgarten, ProPublica

    A whistleblower filed a lawsuit this week to force the federal government
    to halt operations at another massive BP oil platform in the Gulf of
    Mexico, alleging that BP never reviewed critical engineering designs for
    the operation and is therefore risking another catastrophic accident
    that could “dwarf” the company’s Deepwater Horizon spill.

    The
    allegations about BP’s Atlantis platform were first made last year, but
    they were laid out in fresh detail in the lawsuit filed in U.S. District
    Court in Houston against Interior Secretary Ken Salazar and the
    Minerals Management Service, the agency responsible for regulating
    offshore drilling in the Gulf.

    The whistleblower is Kenneth
    Abbott, a former project control supervisor contracted by BP who also
    gave an interview to “60
    Minutes” on Sunday night
    . In a
    conversation last week with ProPublica, Abbott alleged that BP failed to
    review thousands of final design documents for systems and equipment on
    the Atlantis platform — meaning BP management never confirmed the
    systems were built as they were intended – and didn’t properly file the
    documentation that functions as an instruction manual for rig workers to
    shut down operations in the case of a blowout or other emergency.

    Abbott
    alleges that when he warned BP about the dangers presented by the
    missing documentation the company ignored his concerns and instead
    emphasized saving money.

    “There were hundreds, if not thousands,
    of drawings that hadn’t been approved and to send drawings (to the rig)
    that hadn’t been approved could result in catastrophic operator errors,”
    Abbott told ProPublica. “They turned their eye away from their
    responsibility to make sure the overall design works. Instead they are
    having bits and pieces fabricated and they are just hoping that these
    contractors who make all these separate pieces can pull it together and
    make it safe. The truth is these contractors see a piece of the puzzle;
    they don’t see the whole thing.”

    BP did not respond to a request
    for comment from ProPublica, but has previously addressed Abbott’s
    concerns in a January letter to congressional investigators stating that
    the allegations are unfounded and that the Atlantis platform had final
    documentation in place before it began operating.

    According to an
    e-mail sent to Abbott by BP’s ombudsman’s office, an independent group
    employed by the company to address internal complaints, BP had not
    complied with its own rules governing how and where the documentation
    should be kept but had not necessarily violated any regulations for
    drilling. The e-mail does not address the specifics raised in the
    lawsuit.

    A spokesperson for the Department of the Interior said
    the agency would not comment on pending litigation.

    Congress and
    the Minerals and Management Service have been investigating Abbott’s
    concerns since last year, when he and Food and Water Watch, an
    environmental organization based in Washington, D.C., first filed the
    complaints. But according to both Abbott and FWW, little has been done.
    After the Deepwater Horizon Gulf spill underscored their concerns, they
    decided to jointly file the lawsuit. Abbott was laid off shortly after
    he raised the concerns to BP management.

    According to the
    lawsuit, by Nov. 28, 2008, when Abbott last had access to BP’s files,
    only half of the 7,176 drawings detailing Atlantis’ sub-sea equipment
    had been approved for design by an engineer and only 274 had been
    approved “as built,” meaning they were checked and confirmed to meet
    quality and design standards and the documentation made available to the
    rig crew. Ninety percent of the design documents, the suit alleges, had
    never been approved at all.

    The Atlantis rig is even larger than
    the Deepwater Horizon rig that sank in April. It began producing oil in
    2007 and can produce 8.4 million gallons a day.

    The components
    include some of the critical infrastructure to protect against a spill.
    According the suit, none of the sub-sea risers – the pipelines and hoses
    that serve as a conduit for moving materials from the bottom of the
    ocean to the facility — had been “issued for design.” The suit also
    alleges that none of the wellhead documents were approved, and that none
    of the documents for the manifolds that combine multiple pipeline flows
    into a single line at the seafloor had been reviewed for final use.

    Directions for how to use the piping and instrument systems that
    help shut down operations in the event of an emergency, as well as the
    computer software used to enact an emergency shutdown, had also not been
    approved, the lawsuit says. According to the lawsuit, 14 percent those
    documents had been approved for construction, and none received final
    approval to ensure they were built and functioning properly.

    “BP’s
    worst-case scenario indicates that an oil spill from the BP Atlantis
    Facility could be many times larger than the current oil spill from the
    BP Deepwater Horizon,” the lawsuit states. “The catastrophic Horizon oil
    spill would be a mere drop in the bucket when compared to the potential
    size of a spill from the BP Atlantis facility.”

    It is not clear
    from the lawsuit or the limited statements made by BP or federal
    regulators if BP has corrected the documentation problem since Abbott
    was laid off.

    Abbott told ProPublica he raised the documentation
    issues repeatedly in e-mails and conversations with management, “saying
    this was critical to operator safety and rig safety.”

    “They just
    ignored my requests for help,” he said. “There seemed to be a big
    emphasis to push the contractors to get things done. And that was always
    at the forefront of the operation.”

    (Photo of the Atlantis rig from GVA’s website.)

  • BP had other problems in years leading to Gulf spill

    deepwater_horizon_fire.jpgBy Abrahm Lustgarten, ProPublica

    BP, the global oil giant responsible for the fast-spreading spill
    soon to make landfall in the Gulf of Mexico, is no stranger to major
    accidents.

    In fact the company has found itself at the center of several of the
    nation’s worst oil and gas-related disasters in the last five years.

    In March 2005 a massive explosion ripped through a tower at BP’s
    refinery in Texas City, Texas, killing 15 workers and injuring 170
    others. Investigators later determined that the company had ignored its
    own protocols on operating the tower, which was filled with gasoline,
    and that a warning system had been disabled.

    The company pleaded guilty to federal felony charges and was fined more
    than $50 million by the U.S. Environmental Protection Agency.

    Almost a year after the refinery explosion, technicians discovered that
    some 4,800 barrels of oil had spread into the Alaskan snow through a
    tiny hole in the company’s pipeline in Prudhoe Bay. BP had been
    warned
    to check the pipeline in
    2002, but hadn’t, according to a report in Fortune. When it did inspect
    it, four years later, it found that a six-mile length of pipeline was
    corroded. The company temporarily shut down its operations in Prudhoe
    Bay, causing one of the largest disruptions in U.S. oil supply in recent
    history.

    BP faced $12 million in fines for a misdemeanor violation of the federal
    Water Pollution Control Act. A congressional committee determined BP
    had ignored opportunities to prevent the spill and that “draconian”
    cost-saving measures had led to shortcuts in its operation.

    Other problems followed. There were more spills in Alaska. And BP was
    charged with manipulating the market price of propane. In that case, it
    settled with the U.S. Department of Justice and agreed to pay more than
    $300 million in fines.

    At each step along the way, the company’s executives were contrite.

    “This was a preventable incident… It should be seen as a process
    failure, a cultural failure and a management failure,” John Mogford,
    then BP’s senior group vice president for safety and operations, said in
    an April 2006 speech about the lessons learned in Texas City. “It’s not
    an easy story to tell. BP doesn’t come out of it well.”

    In a 2006 interview with this reporter after the Prudhoe Bay spill, published
    in Fortune
    , BP’s chief executive
    of American operations, Robert Malone, said “there is no doubt in my
    mind, what happened may not have broken the law, but it broke our
    values.”

    Malone insisted at the time that there was no pattern of mismanagement
    that increased environmental risk.

    “I cannot draw a systemic problem in BP America,” he said. “What I’ve
    seen is refineries and facilities and plants that are operating to the
    highest level of safety and integrity standards.”

    Nonetheless Malone, who spent three decades at BP and was promoted to
    the CEO of BP America shortly after the Texas refinery blast, promised
    to increase scrutiny over BP’s operations and invest in environmental
    and safety measures.

    He told Congress that it was imperative BP management learn from its
    mistakes.

    “The public’s faith has been tested recently,” he said. “We have fallen
    short of the high standards we hold for ourselves and the expectations
    that others have for us.”

    Time will tell whether the accident that killed 11 workers and sent the
    Transocean Deepwater Horizon drilling rig — a $500 million platform as
    wide as a football field — floating to the bottom of the Gulf of Mexico
    was simply an accident or something else.

    Malone, who retired last year, declined to comment for this article. A
    spokesman for BP was not available for comment.

    Families of workers who died in the accident have already filed lawsuits
    accusing BP of negligence. Congress, as well as the Minerals Management Service, the federal agency that regulates drilling in the
    Gulf, were already separately investigating allegations that BP has
    failed to keep proper documents about how to perform an emergency
    shutdown
    of the Atlantis,
    another Gulf oil platform and one of the largest in the world.

    There are also indications that BP and Transocean, the owner of the
    Deepwater Horizon rig that burned and sank, could have used backup
    safety gear
    — a remote acoustic
    switch that would stanch the flow of oil from a leaking well 5,000 feet
    underwater — to prevent the massive spill now floating like a
    slow-motion train wreck towards the Mississippi and Louisiana coastline.
    The switch isn’t required under U.S. law, but is well-known in the
    industry and mandated in other parts of the world where BP operates.

    In the year before the accident, BP once again aggressively cut costs. A
    reorganization stripped 5,000 jobs from its payroll, saving BP more
    than $4 billion in operating costs, according to a report sent to
    ProPublica by Fadel Gheit, an investment analyst for Oppenheimer.

    On April 27, as the U.S. Coast Guard worked with BP engineers to guide
    remote control submarines nearly a mile underwater in a futile effort to
    close a shut-off valve, BP told investors that its quarterly earnings
    were up more than 100 percent over the last year, beating expectations
    by a large margin. After underperforming its competition throughout the
    last decade, Gheit wrote, BP was the only major oil company to perform
    better than the S&P 500 last year.

    (Photo of fire on Transocean’s Deepwater Horizon drilling rig from the U.S. Coast Guard.)

  • Fourth New Orleans police officer charged in post-Katrina shooting at Danziger Bridge

    By Ryan Knutson, ProPublica

    Federal investigators charged
    another New Orleans police officer
    in connection to the Danziger
    Bridge shootings
    , in which two civilians were killed and four were
    wounded in the days after Hurricane Katrina. The Danziger Bridge
    shootings are among a string of violent post-Katrina police encounters
    we’ve investigated in collaboration with PBS “Frontline” and the New Orleans
    Times-Picayune
    .

    Officer Robert Barrios, who was charged with conspiring to obstruct
    justice, became the fourth police officer charged in the case, and the
    fifth person overall. Three former officers have already pleaded guilty
    to charges related to the shooting. Barrios reportedly
    resigned
    from the force shortly after being charged.

    Marion David Ryder, a civilian who impersonated a police officer the day
    of the shooting, also was indicted
    this month
    on charges of lying to federal agents and unlawful
    possession of a handgun.

    The charge against Barrios came in a bill of information, which is only
    allowed in cases where the defendant has waived the requirement that a
    grand jury issue charges. That usually indicates the defendant is
    cooperating with the case.

    The Times-Picayune reports
    that Barrios was in the back of a vehicle with four other officers when
    they responded to a report that officers were shot while on Interstate
    10, which is parallel with the Danziger Bridge.

  • How Sen. Vitter battled the EPA over formaldehyde’s link to cancer

    david_vitter.jpgBy Joaquin Sapien, ProPublica

    When Sen. David Vitter persuaded the EPA to agree to yet another
    review of its long-delayed assessment of the health risks of
    formaldehyde, he was praised by companies that use or manufacture a
    chemical found in everything from plywood to carpet.

    As long as
    the studies continue, the EPA will still list formaldehyde as a
    “probable” rather than a “known” carcinogen, even though three major
    scientific reviews now link it to leukemia and have strengthened its
    ties to other forms of cancer. The chemical industry is fighting to
    avoid that designation, because it could lead to tighter regulations and
    require costly pollution controls.

    “Delay means money. The
    longer they can delay labeling something a known carcinogen, the more
    money they can make,” said James Huff, associate director for chemical
    carcinogenesis at the National Institute for Environmental Health in the
    Centers for Disease Control and Prevention.

    The EPA’s chemical risk assessments are crucial to protecting the
    public’s health because they are the government’s most comprehensive
    analysis of the dangers the chemicals present and are used as the
    scientific foundation for state and federal regulations. But it usually
    takes years or even decades to get an assessment done, or to revise one
    that is outdated. Often the industry spends millions on lobbying and on
    scientific studies that counter the government’s conclusions.

    The
    EPA has been trying since 1998 to update the formaldehyde assessment, which was first written in 1989. But the
    agency’s efforts have repeatedly been stalled by the industry and
    Congress.

    This time, the resistance came from Vitter, a
    Republican senator from Louisiana, where, ironically, thousands of
    Hurricane Katrina victims say they suffered respiratory problems after
    being housed in government trailers contaminated with formaldehyde. Last
    year Vitter blocked the nomination of a key EPA official until the
    agency agreed to ask the National Academy of Sciences to weigh in on the
    assessment. Vitter’s spokesman, Joel DiGrado, told the media that
    “because of the FEMA trailer debacle, we need to get absolutely reliable
    information to the public about formaldehyde risk as soon as possible.”

    Vitter’s ties to the formaldehyde industry are well known. According
    to Talking
    Points Memo
    , his election
    campaign received about $20,500 last year from companies that produce
    large amounts of formaldehyde waste in Louisiana. But ProPublica found
    that Vitter actually took in nearly twice that amount if contributions
    from other companies, trade groups and lobbyists with interests in
    formaldehyde regulation are included. Among those contributors is
    Charles Grizzle, a top-paid
    lobbyist
    for the Formaldehyde
    Council, an industry trade group that had long
    sought
    a National Academy review
    of the chemical.

    Congress stalled the formaldehyde risk
    assessment once before. In 2004, Sen. James Inhofe, R-Okla., persuaded (PDF) the EPA to delay it, even though
    preliminary findings from a National Cancer Institute study had already
    linked formaldehyde to leukemia. Inhofe insisted that the EPA wait for a
    more “robust set of findings” from the institute.

    Koch
    Industries, a large chemical manufacturer and one of Inhofe’s biggest
    campaign contributors, gave Inhofe $6,000 that year. That
    same year Koch bought two
    pulp mills
    from Georgia-Pacific, a
    major formaldehyde producer and one of the world’s largest plywood
    manufacturers. The next year Koch bought all of Georgia-Pacific.

    The “more robust” findings that Inhofe asked for weren’t released until
    five years later — in May 2009 — and they reinforced the 2004 findings. Of the nearly 25,000
    workers the National Cancer Institute had tracked for 30 years, those
    exposed to higher amounts of formaldehyde had a 37
    percent greater risk of death

    from blood and lymphatic cancers and a 78 percent greater risk of
    leukemia than those exposed to lower amounts.

    The Formaldehyde
    Council immediately released a statement disputing those findings and calling for
    a full review by the National Academy of Sciences. Such an evaluation
    could take as long as four years, according to an EPA spokesperson.

    But
    this time it wasn’t Inhofe who stepped in on the industry’s behalf, but
    Vitter, who like Inhofe sits on the Environment and Public Works
    Committee.

    On the day the study came out, Grizzle, the
    Formaldehyde Council lobbyist, donated
    $2,400
    to Vitter’s re-election
    campaign, the maximum an individual can give to a federal
    candidate in a single election cycle. Grizzle didn’t respond to phone
    calls and e-mails asking for comment for this story.

    Grizzle
    started his own lobbying firm in 1993, after serving as an EPA assistant
    administrator in the late 1980s. He joined George W. Bush’s transition
    team
    in 2001, and raised
    more than
    $500,000 for Bush’s
    2004 campaign, earning the title of fundraising “pioneer.” A
    Philadelphia Inquirer investigation found that Grizzle used his friendship
    with Bush aide Karl Rove to help get Stephen Johnson the job as
    assistant administrator for the Office of Prevention, Pesticides and
    Toxic Substances at EPA. When Johnson went on to lead the EPA, he
    changed the risk assessment system so other federal agencies could
    comment more frequently and forcefully on the EPA’s science, a move that
    prolonged the process. In the waning days of the Bush administration,
    Johnson asked the National Academy of Sciences to do a full review of
    the formaldehyde assessment.

    DiGrado, Vitter’s spokesman, didn’t
    respond to questions about Vitter’s ties to the industry. Instead, he 
    sent ProPublica copies of two letters. One
    showed that three Democratic lawmakers

    also wanted the review. The other letter was written by an EPA official
    in the final week of the Bush administration, saying that the agency
    would “seek input” from the academy.

    Several public health
    experts interviewed by ProPublica think the industry’s goal is to delay
    the assessment as long as possible and to undermine the credibility of
    the EPA’s chemical risk assessment program.

    “This gives the
    appearance of another congressman being more interested in industry than
    the health of the public,” said Dr. Peter Infante, a former director of
    the Office of Carcinogen Identification and Classification at the
    Occupational Safety and Health Administration. “The public should not
    think that because a government document is undergoing NAS review, that
    that review is going to be competent.”

    Other public health
    experts point to the National Academy’s recent review of the EPA’s assessment of
    perchloroethylene, or PCE, as an example of how additional studies can
    drag out the assessment process.

    PCE is used in dry cleaning and
    is found in high concentrations at military bases. Like formaldehyde, it
    has been linked to leukemia, and the EPA has been trying to update the
    chemical’s assessment since 1998. In 2008 the agency submitted its
    findings to the National Academy, and in February the academy sent the
    assessment back to the EPA with a long list of questions. Although the
    academy agreed with the EPA’s conclusion that PCE was a “likely”
    carcinogen, it suggested that the safety standards should be
    significantly weaker than those the EPA had proposed. The EPA is now
    responding to the academy’s comments.

    Democrats in Congress and public health watchdogs
    have criticized the academy in the past for being slanted toward
    industry, because some of the scientists who serve on its review panels
    have written studies paid for by chemical companies whose products they
    are evaluating. An academy spokeswoman said it thoroughly vets its
    panelists and has strict financial conflict of interest rules.

    The
    Road to Review

    Vitter began his push for a National
    Academy review of formaldehyde in a June
    29 letter
    to the EPA. It
    included a list of questions about the formaldehyde assessment and urged
    the EPA
    to ask the National Academy
    to
    weigh in on it, according to documents ProPublica obtained through a
    Freedom of Information Act request.

    The EPA responded on July 8,
    defending its plan to have the assessment reviewed by its own external
    peer review panel, the Scientific Advisory Board. The letter noted that
    the advisory board could do the review in 12 to 16 months for about
    $200,000, while the average National Academy review takes 18 to 24
    months and costs $800,000 to $1 million.

    In September, two more
    major scientific reviews raised concerns about the dangers of
    formaldehyde. The International Agency for Research on Cancer, a
    division of the World Health Organization, concluded it had enough
    evidence
    (PDF) to show that
    formaldehyde exposure can cause leukemia. And the National Toxicology
    Program changed its categorization
    of formaldehyde
    from
    “reasonably anticipated to be a carcinogen” to “known carcinogen.”

    But
    Vitter continued pressuring the EPA for more review.

    On Sept.
    23, he confirmed to reporters that he had placed a hold on the
    nomination of Paul Anastas, the Obama administration’s choice to head
    the EPA’s Office of Research and Development. He said he wouldn’t
    release the hold until the EPA agreed to send the formaldehyde
    assessment to the National Academy. To smooth the way for that review,
    he tried to add an amendment (PDF) to an EPA appropriations bill
    mandating that the agency set aside $1 million for a National Academy
    review. Grizzle, the Formaldehyde Council lobbyist, worked to get
    support for the amendment, according to one of his lobbying disclosure forms (PDF). (The amendment wasn’t included in
    the final bill.)

    On Sept. 24 EPA chief Lisa Jackson met with
    Vitter and offered a compromise: She would ask the National Academy for
    its advice on the formaldehyde assessment.

    That same day, an EPA
    spokeswoman told the New Orleans Times-Picayune that the chemical didn’t
    need more review
    , and that the
    EPA was ready to begin finalizing its assessment.

    “This is not
    the time for more delay,” said EPA spokeswoman Adora Andy.

    But Vitter didn’t budge.

    In November, a political action
    committee created by the American Chemistry Council, whose members
    include formaldehyde producers Hexion Specialty Chemicals and DuPont, gave
    Vitter
    a $2,500 campaign
    contribution, in addition to the $1,500 it had given him earlier in the
    year. On Dec. 2, Koch Industries gave Vitter’s political action
    committee a check for $5,000. On Dec. 7, Grizzle gave
    Vitter
    (PDF) $200. On Dec. 17,
    the Society of the Plastics Industry, which represents formaldehyde
    manufacturers BASF and DuPont, hosted a fundraiser for Vitter at its headquarters,
    recommending donations of $1,000 per person.

    On Dec. 23, Vitter
    got what he wanted. Jackson agreed to send the study to the National
    Academy. But
    in a letter Jackson sent to the Formaldehyde Council
    that day, she indicated it would not be
    the exhaustive study the industry had pushed for but would instead be
    done under a “compressed timeframe.” Dr. Peter Preuss, who heads the
    EPA’s chemical risk assessment program, said it will likely be completed
    in a year.

    Vitter removed his hold on Anastas’ nomination on
    Christmas Eve, and the Formaldehyde Council released
    a statement
    praising his work.

    “Overcoming the agency’s intransigence in engaging NAS on
    formaldehyde would have been impossible without the timely intervention
    of U.S. Senator David Vitter,” Betsy Natz, the council’s executive
    director, said in the news release. The statement said Jackson had
    contacted the council directly to notify it of the news.

    Last
    month the National Academy began gathering public comments about the 13
    scientists it has selected for the formaldehyde panel. The Natural
    Resources Defense Council, an environmental advocacy group, has already
    written a letter raising questions about two of the
    candidates. One worked for the Hamner Institute, an industry-supported
    laboratory that lists the Formaldehyde Council as one of its sponsors.
    The other worked for more than a decade at Dow Chemical, which is a
    member of the Formaldehyde Council and has contributed to Vitter’s
    campaigns.

    On March 24, Grizzle, the Formaldehyde Council
    lobbyist, co-hosted a fundraiser for Vitter at the Capitol Hill Club, an
    exclusive Republican gathering place. The suggested donation was $1,000
    per person.

  • New clues emerge in post-Katrina vigilante shooting at Algiers Point

    algiers_point.JPGby A.C. Thompson, ProPublica, and Brendan McCarthy, Times-Picayune

    Three days after Hurricane Katrina turned New Orleans into a ghost
    town, somebody shot Donnell Herrington twice in Algiers Point, ripping a
    hole in his throat.

    Herrington, who is African-American, says he
    was ambushed by a group of armed white men who attacked without warning
    or provocation. He barely survived the shooting, which shredded his
    internal jugular vein, a key vessel that transports blood from the brain
    to the heart. He believes the assault was racially motivated.

    No
    one has ever been charged in the incident, but now, more than four
    years later, at least two figures have come forward with information
    implicating a neighborhood man in the attack. These two people linked
    Roland Bourgeois Jr. to the shooting in interviews with ProPublica, the
    Times-Picayune and PBS’ “Frontline.”


    Terri Benjamin, who lived in the area,
    said she saw Bourgeois, 47, pledge to shoot anybody with skin “darker
    than a brown paper bag
    ” while
    clutching a shotgun. At one point, she said, he held up the
    blood-drenched baseball cap of a man who’d just been shot.

    Bourgeois’
    mother, Pam Pitre, said her son did fire his shotgun at an
    African-American man that day in Algiers Point, and acknowledged that he
    kept the man’s hat. Pitre, who insists her son “is not a racist,” said
    Bourgeois was accompanied by another man who also fired shots.

    Herrington,
    whose story closely tracks with the accounts of Pitre and Benjamin,
    lost his navy blue baseball cap when he was shot. After viewing a photo
    of Bourgeois, Herrington identified the man as one of his attackers.
    Bourgeois, he said, “definitely was one of the guys I saw that day. … I
    definitely remember him. He was one of ’em.”

    Bourgeois, who has
    not been charged with any crime, declined to be interviewed.

    The Herrington
    shooting
    is the subject of an
    ongoing probe by U.S. Department of Justice attorneys and FBI agents, who
    are examining claims
    that white
    residents of Algiers Point attacked African-Americans in a spate of
    racially motivated violence in the days after Katrina tore through
    Louisiana. Over the past several months, federal prosecutors have
    questioned numerous witnesses about the alleged hate crimes in grand
    jury proceedings.

    At the U.S. Department of Justice, spokesperson
    Xochitl Hinojosa said she couldn’t comment on the investigation.

    So
    far, the hate crimes probe has been overshadowed by a sprawling federal investigation of
    the New Orleans Police Department
    ,
    an effort that’s snared guilty pleas from three former officers for
    crimes committed in the aftermath of the storm. But the accounts of what
    transpired in Algiers Point may soon force the city to revisit another
    painful episode from those grim days.

    ‘I thought it was
    over’

    The floodwaters that spilled over much of New
    Orleans didn’t touch Algiers Point.

    Still, the catastrophe
    prompted the neighborhood’s residents — most of whom are white — to
    take action. Within days, a band of 15 to 30 locals had taken up
    weapons, barricaded the streets with downed trees and debris, and begun
    regular patrols of the area. Residents say they were trying to keep
    their homes from being overrun by thieves and outlaws.

    “There’s
    no black and white issue here,” said Clyde Price III, a white man who
    lived next door to Bourgeois for many years.

    But others,
    including Malik Rahim, the co-founder of the activist group Common
    Ground Relief, who was in Algiers Point in the days after the storm,
    believe the neighborhood militia carried out a series of hate crimes,
    threatening and shooting black people who walked into the area.

    Herrington
    said that the attack on him occurred on Sept. 1, 2005, as he strode
    toward the Algiers Point ferry terminal with his cousin, Marcel
    Alexander, and a friend, Chris Collins.

    As part
    of a rescue mission called Operation Dunkirk, the U.S. Coast Guard had
    created a makeshift evacuation center at the terminal. Using an array of
    watercraft, sailors transported thousands of flood victims from St.
    Bernard Parish and East Bank neighborhoods to the ferry terminal; from
    there, they were bused out of town.

    Herrington, 33, and his
    companions say they were aiming to get on one of those buses.

    But
    as the trio approached the intersection of Pelican Avenue and Vallette
    Street, a white man pointed a shotgun at Herrington and, without saying a
    word, squeezed the trigger, according to Herrington. “I thought I was
    about to die,” he said. “I thought it was over.”

    The first
    shotgun blast ripped into his throat, torso and arms. Somehow,
    Herrington got to his feet and began running. He remembers two more
    armed men joining the first gunman. As he tried to escape, he says, a
    second blast struck him in the back.

    Both Alexander and Collins
    witnessed the shooting — and both also suffered minor gunshot wounds. “I thought Donnell was dead,” recalled Alexander, who backs up his
    cousin’s account. “I thought that I would never see Donnell no more.”

    Alexander, who was 17, said he and Collins were briefly taken
    prisoner by a group of about five armed white men, one of whom
    threatened to set them on fire. Eventually, though, the men let
    Alexander and Collins go.

    Bleeding, Herrington staggered to the
    home of an African-American couple who drove him to West Jefferson
    Medical Center, where doctors discovered buckshot in his arms, chest,
    abdomen and back, X-ray reports show. A cluster of pellets had torn open
    the internal jugular vein along the right side of his throat, according
    to medical records and one of Herrington’s surgeons, Dr. Charles
    Thomas. At 3:43 p.m., he underwent surgery to repair the shredded vein.

    Herrington is adamant that he and his companions did nothing to
    provoke the incidents. “We were just in the neighborhood for a few
    minutes,” he said. “We were just passing through.” The only way to the
    ferry terminal from his home, he noted, was through Algiers Point.

    Over the course of several interviews,
    Herrington remembered one last detail about his ordeal: He’d been
    wearing a navy blue baseball cap bearing the logo of either the New York
    Yankees or the Detroit Tigers. During the scramble, he said, the hat
    must have fallen off his head.

    ‘Big-game hunting’

    As Terri Benjamin and her aunt, Eudith Rodney, walked along Pelican
    Avenue that day, the reverberating boom of gunfire echoed through the
    thick, humid air.

    Fearful, the women began running toward the
    safety of Benjamin’s home. As they neared Vallette Street, they
    encountered a group of armed white men, Benjamin said in an interview.

    Among the men, Benjamin recalled, was Roland Bourgeois Jr., who
    lived just two doors down on Vallette Street. Bourgeois was gripping a
    shotgun and celebrating.

    “My neighbor was jumping up and down,
    hootin’ and hollerin’ like he was big-game hunting and he got the big
    one,” she said. “All of his friends were rallying him on, and they were
    cheering.”

    A beefy character with a shaved head, Bourgeois
    screamed “I got one!” and boasted that he’d shot a “looter,” said
    Benjamin, who shared her story with a federal grand jury on March 25.

    Before long, she said, another armed man — someone Benjamin didn’t
    recognize — showed up with news: The person Bourgeois had shot was
    wounded but alive a few blocks away.

    According to Benjamin,
    Bourgeois said, “I’m gonna kill that nigger,” and ran, barefoot and
    shirtless, down the street before turning and jogging out of view.

    Benjamin
    heard another gunshot.

    Bourgeois ran back to join the group of
    gun-equipped men standing in the street, she said. “He came back with a
    baseball cap that had blood on it. And I knew there was blood on the cap
    because it ran onto his arm. And he brandished the cap for all of his
    friends,” Benjamin said. “Everybody cheered. They were happy for him.”

    Benjamin, who is ethnically mixed — white, Latino and
    African-American — was waiting for an uncle and cousin, both of whom
    are African-American, to come to her house. She feared Bourgeois and the
    other men would attack her relatives.

    “I went to him and asked
    him to spare their lives,” Benjamin remembered. “He said, ‘Darlin’, anything
    coming up that street darker than a brown paper bag
    is gettin’ shot.’”

    Traumatized,
    Benjamin moved out of the state after Katrina, but just weeks ago, she
    made two trips to the neighborhood, accompanied by a federal prosecutor
    and an FBI agent who asked her to retrace her steps.

    The
    investigators, she said, were interested in Bourgeois. “They asked me
    specifically about him,” Benjamin said. Assistant U.S. Attorney Forrest
    Christian also questioned her about a “sidekick” of Bourgeois, she said.

    ‘Like gang members’

    Bourgeois may be guilty
    of poor judgment, but he didn’t commit a hate crime, according to his
    mother, Pam Pitre.

    In a recent interview, she explained her
    understanding of the shooting her son participated in. Pitre said she’s
    discussed the shooting in detail with Bourgeois, and testified before
    the grand jury about it.

    In Pitre’s telling, Bourgeois
    encountered three dangerous and “arrogant” African-American males who’d
    been trying to break into parked cars, Pitre said. “He said they looked
    like gang members to him,” she recalled.

    After the trio of black
    men tried to move one of the barricades blocking the street, Bourgeois
    and another man began shooting at them, said Pitre. “Both men had guns.
    Both fired,” she said, adding that she didn’t know the name of the other
    shooter.

    According to Pitre, the shots were meant to “scare,”
    not to kill.

    When the gunfire stopped, Bourgeois “picked up the
    baseball cap” that had fallen from the head of one of the shooting
    victims, according Pitre, who said her son kept the hat until she
    convinced him to get rid of it.

    Pitre says the shooting had
    nothing to do with skin color. “If they want to say it was a bad
    decision — yes, it was. But it wasn’t a hate crime,” she said. “He is
    not a racist — and that’s what bothers me more than anything else.”

    Bourgeois
    was terrified by the lawlessness that followed the storm and flooding,
    she said. He was threatened by a group of African-Americans, she said,
    and “pelted with bottles” in the days before the shooting occurred.

    The
    only reason the matter came to the attention of federal authorities,
    Pitre maintained, is that “this man Roland shot survived and is telling
    his tale.”

    Bourgeois’ family has owned property in Algiers Point
    for decades, and around the neighborhood he’s known as a dog lover.
    Aside from a 1992 arrest for possession of marijuana, he has no criminal
    record in Orleans Parish.

    Civil court records show Bourgeois has
    at least two children. He is now residing with his mother in
    Mississippi.

    Price, his former neighbor, said Bourgeois has been
    unfairly tarred as a racist. “Everyone paints a bad picture of him
    because he’s a big, white bald dude and a gun fanatic,” said Price. “They think it was all racism. But it wasn’t.’

    Still, Price
    acknowledged, Bourgeois has a habit of referring to African-Americans as “niggers.”

    ‘A racial statement’

    Over the
    past year, FBI agents have interviewed Herrington numerous times and
    have canvassed the neighborhood, going door-to-door in an effort to
    locate witnesses to the shooting. One local who was questioned by agents
    said they were seeking information about approximately 30 Algiers Point
    residents.

    At this point, however, it’s unclear whether the
    probe will lead to criminal indictments.

    Herrington continues to
    feel anger about what happened to him.

    “To me, it was a hate
    crime,” he said. “It was a racial statement.” He thinks if his skin was a
    different hue — if he’d been a “white guy” striding through the
    neighborhood, en route to the ferry terminal — “it wouldn’t have
    happened to me.”

    Editor’s note: The Roland
    Bourgeois Jr. in this story should not be confused with the Metairie,
    La., physician of the same name.

    FRONTLINE Producer
    Oriana Zill de Granados contributed to this report.

    (Photo of the Algiers Point neighborhood by Muffuletta via Wikipedia.)

  • Feds investigating Baton Rouge police for post-Katrina actions

    By A.C. Thompson, ProPublica

    The U.S. Department of Justice is investigating the Baton Rouge Police
    Department’s actions in the aftermath of Hurricane Katrina, according
    to the Baton Rouge Advocate
    . The newspaper says Alejandro Miyar, a
    spokesperson for Justice Department’s Civil Rights Division,
    acknowledged the probe on Thursday. 

    Word of the federal investigation follows reports
    in the Advocate detailing allegations that Baton Rouge police
    “routinely harassed black people, resorted to unnecessary violence and
    conducted illegal searches in the days after Hurricane Katrina.” The
    stories, based on complaints made by out-of-state police sent to
    Louisiana to assist local officers, have been challenged by Baton Rouge
    police officials.

    The new probe further expands the Justice Department’s workload in the
    state. Prosecutors are already examining a string of incidents in which
    New Orleans Police Department officers
    shot at least 10 civilians
    during the week after Katrina roared
    ashore. Two former New Orleans cops recently pleaded guilty to federal
    charges stemming from the shooting of six people on the Danziger
    Bridge
    on Sept. 4, 2005.

    With our partners at the New Orleans
    Times-Picayune
    and PBS
    “Frontline,”
    ProPublica scrutinized the NOPD in “Law & Disorder,” a
    series of stories looking at the shootings of Matthew
    McDonald
    , Keenon McCann
    and Danny
    Brumfield
    . Those shootings are among the incidents now being
    investigated by the Justice Department.

  • Was Bank of America in on Lehman-style accounting tricks?

    bank_of_america_vertical.jpgBy Marian Wang, ProPublica

    In a blog entry over the weekend, John
    Hempton
    (once dubbed “financial
    blogger extraordinaire
    “) explains
    that before there was Lehman Brothers’ now-maligned maneuver called “Repo
    105
    ” … there were, well, a lot
    of other banks also trying to do the very same thing.

    Such as
    Bank of America, for instance.

    As you may recall, Repo
    105
    is the accounting maneuver
    Lehman Brothers used to move billions in assets off its balance sheet,
    giving the appearance of greater liquidity, less risk, and therefore a
    healthier company profile.

    Hempton runs us through some numbers
    from Bank of America’s 2006
    annual report
    . See below:

    (US
    dollars – millions)
    Q4 2006 Q3
    2006
    Q2 2006 Q1 2006
    Average
    total assets
    1,495,150 1,497,987 1,456,004 1,416,373
    End period total assets 1,459,737 1,449,211 1,445,193 1,375,080
    end period less average
    assets
    -35,413 -48,776 -10,811 -41,293

    In each of these years, the bank’s assets at the end of the quarter
    were lower than its average assets throughout the quarter. This had been
    happening for a while, according to Hempton. But if the bank was moving
    its assets off its balance sheet, where was it moving them to? Hempton
    found the counterparty he believes was assisting Bank of
    America — Japanese bank Mitsubishi UFJ, which ended each quarter with
    higher assets than its average throughout the quarter.

    Reuters
    blogger Felix Salmon points out that the numbers we’re talking about
    here are
    big
    — on par with Lehman’s Repo
    transgressions.

    I put in a call to Bank of America, and the media
    rep there told me he needs “to talk to a number of people,” seeing as
    the bank will “want to be thoughtful about it.” I’ll update as more
    information comes in, but given all the financial insiders talking about
    how Repo 105 was an “old
    trick
    ,”
    this subject is one to keep watching.

    Update:

    Tuesday
    afternoon, Bank of America’s media rep Scott Silvestri responded to my
    inquiries with this statement:

    “Efforts to manage the
    size of our balance sheet are routine and appropriate, and we believe
    our actions are consistent with all applicable accounting and legal
    requirements.”

    My only thought is that this is very
    similar to what Lehman’s auditors, Ernst & Young, said in response
    to criticism about their review of Lehman’s accounting, right after Repo
    105 hit the news earlier this month. Here’s what the auditor’s
    spokesman, Charles Perkins, said
    at the time
    :

    “Our
    opinion indicated that Lehman’s financial statements for that year were
    fairly presented in accordance with Generally Accepted Accounting
    Principles, and we remain of that view.”

  • In Baton Rouge, more evidence of police misconduct after Hurricane Katrina

    By A.C. Thompson, ProPublica

    On Sunday, the Baton Rouge Advocate published a
    damning exposé
    detailing allegations of misconduct by Baton Rouge
    police officers in the aftermath of Hurricane Katrina.

    After a four-year legal battle, the paper finally got a cache of police
    department documents describing a pattern of racist and abusive behavior
    by Baton Rouge officers in the days after the storm ravaged the Gulf
    coast. The cops are accused of using demeaning language; routinely
    harassing African Americans; physically abusing citizens; and seeking to
    “make life rough for New Orleans evacuees so they would leave town,”
    according to the Advocate, which has posted the documents online.

    Here’s the twist: The accusations were made by other cops, 55 state
    troopers from New Mexico and Michigan who had been sent to Baton Rouge
    to assist with post-storm policing. The out-of-state cops were yanked
    out of Baton Rouge after only two days because of their concerns about
    misconduct.

    The visiting officers said Baton Rouge cops referred to African
    Americans as “heathens” and “animals” that “needed to be beaten down.”

    In response to the newspaper’s questions, Baton Rouge Police Chief Jeff
    LeDuff said some of the allegations against his officers were “maybe
    blown out of proportion.” He also said his department had investigated
    the incidents and dealt with any policy violations uncovered.

    Five years after the hurricane, controversy about police tactics in the
    aftermath of the disaster continues to swirl. In recent weeks, two
    former
    New Orleans cops have pleaded guilty to federal charges in connection
    to high-profile shootings on the Danziger
    Bridge
    . Federal agents are investigating four other police shooting
    incidents
    from the time period.

    We’re covering these violent encounters in an ongoing series with the New Orleans
    Times-Picayune
    and PBS
    “Frontline.”

  • Second figure charged in post-Katrina police shootings

    By A.C. Thompson, ProPublica

    A second former New Orleans Police Department officer has been charged in federal court
    in connection with the Sept. 4, 2005 shootings on the Danziger Bridge.
    Jeffrey Lehrmann, who left the NOPD to work for U.S. Immigration and
    Customs Enforcement, was charged last month with concealing a crime,
    according to court documents unsealed Tuesday and obtained by our
    partners at the New Orleans Times-Picayune.

    Late last year, ProPublica, PBS “Frontline” and the Times-Picayune teamed up to examine a string of violent encounters between police and civilians that occurred in New Orleans during the week after Hurricane Katrina made landfall.

    The bridge incident was particularly notorious. Police officers shot
    six citizens, killing two. Lehrmann, tasked with investigating what
    happened on the bridge, “participated in the creation of false reports”
    and provided “false information to investigating agents,” according to
    the bill of information filed by the U.S. Department of Justice. 

    As the Times-Picayune noted, Lehrmann also plays a central
    role in another ongoing controversy: While working as an NOPD detective
    he helped build the case against Michael Anderson, whose murder conviction was overturned recently when a judge found that prosecutors had failed to turn over key evidence to defense lawyers.

    Last month, former NOPD Lt. Michael Lohman pleaded guilty to conspiring to obstruct justice in connection with the bridge shootings.

  • FBI confirms investigations into post-Katrina violence widening

    By A.C. Thompson, ProPublica

    If you’ve been following our Law & Disorder series, there are a couple of fresh developments.

    Our partners at the Times-Picayune have some new information about the expanding federal probe
    of the New Orleans Police Department, confirming that the FBI is
    investigating two more shootings described in stories we published in
    December. 

    Also, the city’s inspector general publicly accused
    (PDF) Police Superintendent Warren Riley of illegally obstructing
    attempts to scrutinize police misconduct and disciplinary files.

    “As you know, the relationship between the New Orleans Police
    Department (NOPD) and the citizens of New Orleans has been poor,” wrote
    Inspector General E.R. Quatrevaux in a letter sent this week to
    outgoing Mayor C. Ray Nagin and posted on his office’s Web site.

    Quatrevaux is in the process of establishing an independent monitoring
    body to oversee the NOPD. In the letter, he faults Riley for barring
    his staffers from reviewing records on police misconduct, discipline
    and shooting incidents. The Times-Picayune has more on the controversy.

  • Former New Orleans police detective pleads guilty in Katrina shooting cover-up

    By A.C. Thompson, ProPublica

    Former New Orleans Police Department Lt. Michael Lohman pleaded
    guilty to a single count of conspiring to obstruct justice, in
    connection with one of a string of violent encounters between police
    and civilians in the aftermath of Hurricane Katrina in 2005. Police
    shot at least 10 people during the week after the storm made landfall.
    (We have been investigating the shootings, along with our partners the New Orleans Times-Picayune and PBS “Frontline.”)

    Lohman’s guilty plea stems from the so-called Danziger Bridge incident
    of Sept. 4, 2005. Responding to an emergency call that day, New Orleans
    police officers shot six citizens — killing two — on and around the span.

    The Times-Picayune has been covering the Danziger Bridge shootings from the start and it has the latest.

    Lohman helped orchestrate the police’s investigation of the
    shooting, a probe portrayed in the bill of information as an attempted
    cover-up. The former lieutenant was involved in planting a handgun at
    the scene, drafted phony police reports, and lied to federal agents,
    according the court document. (The New York Times has good details on the alleged cover-up. And we at ProPublica have posted the bill of information in our easy-to-read document viewer.)

    Lohman’s plea is the clearest indicator yet that the federal
    government — which for more than a year now has been investigating the
    New Orleans Police Department’s actions in the aftermath of Hurricane
    Katrina — is mounting a two-pronged probe: federal prosecutors and the
    FBI are scrutinizing incidents in which police shot civilians in the
    chaotic days after the storm, as well as the alleged efforts of other
    officers to cover-up those shootings. 

    Defense attorneys familiar with the widening federal probe say the Justice Department is looking at the death of Henry Glover as a possible cover-up, as well. Glover was shot on Sept. 2, 2005 — possibly by NOPD officer David Warren — and
    died, according to three witnesses, at a makeshift police compound in
    the Algiers section of New Orleans. His charred remains were later
    discovered in an incinerated car dumped on a Mississippi River levee.

    Federal agents began examining Glover’s death after ProPublica, in conjunction with The Nation magazine, reported on the case in late 2008.

    In recent weeks, the Justice Department has begun looking at three other post-Katrina incidents — the shootings of Danny Brumfield, Matthew McDonald and Keenon McCann,
    all of whom were shot by NOPD officers in the week after the hurricane
    made landfall. Brumfield and McDonald died; McCann was injured but
    survived to file a lawsuit against the police department. He was shot
    to death by an unknown assailant in 2008 while the suit was pending.

    The NOPD, like most police departments, conducts an investigation every
    time an officer opens fire on a citizen — the goal is to make sure the
    shooting was proper and justified. As a general rule, officers are
    allowed to use deadly force only when confronted by a person posing a
    physical threat, either to the officer or another civilian.

    However, a joint effort by reporters with ProPublica, the New Orleans Times-Picayune
    and PBS “Frontline” found that NOPD investigators did little to
    determine whether officers acted appropriately when they shot
    Brumfield, McDonald and McCann. NOPD detectives collected little
    physical evidence, spoke to few civilian witnesses, and conducted brief
    interviews — ranging from seven to 12 minutes — with the officers involved
    in the shootings.

  • New Orleans police officer under investigation in shooting in days after Katrina

    glover_tanner_burnt_car_propublica.jpgBy Brendan McCarthy and Laura Maggi, Times-Picayune with additional reporting by A.C. Thompson, ProPublica

    A rookie New Orleans police officer who had been on the force for just a year is under investigation in the shooting of Henry Glover outside an Algiers strip mall four days after Hurricane Katrina, the first act in a bizarre chain of events that has led to a massive federal probe into the city’s Police Department.

    Glover’s
    burned remains were found weeks after the August 2005 storm inside an
    abandoned, nearly incinerated car on the Algiers levee

    During the past year, the U.S. Department of Justice has interviewed scores of officers in an effort to determine how the 31-year-old Glover died, as well as whether officers may have tried to cover up his death.

    William Tanner, an Algiers man, has described his effort to get
    medical treatment from police for Glover’s gunshot wound. Tanner has
    alleged that a group of officers from the SWAT unit detained and beat
    him and two other men, refused medical care for Glover, and eventually
    drove off in Tanner’s car, with Glover’s body inside.

    But it was
    never known who had shot Glover. Now, several sources and a defense
    attorney confirm that federal investigators believe that then-NOPD
    officer David Warren shot Glover.

    It’s unclear if Warren’s
    bullet killed Glover. It’s also unclear whether another group of
    officers under investigation for setting the car on fire–including two
    leaders of the NOPD’s high-profile SWAT unit, Capt. Jeff Winn and Lt.
    Dwayne Scheuermann–knew that Glover had been possibly shot by a fellow
    cop.

    What is clear is that the shooting was the first in a
    string of questionable actions by NOPD officers now at the center of a
    sprawling probe.

    Rookie reassigned in days after Katrina

    Warren,
    47, was a rookie on the force assigned to the 7th District in eastern
    New Orleans when the storm struck. He was unable to get to his post and
    was directed to the 4th District in Algiers, according to his attorney,
    Joseph Albe.

    On Friday, Sept. 2, 2005–four days into the
    flood–Warren and his patrol partner encountered two men behind a Chuck
    E. Cheese’s restaurant near the intersection of Seine Drive and Texas
    Drive, Albe said.

    Glover was at that location that afternoon with a friend when he was shot, according to family members.

    Warren,
    in uniform, saw two men ge out of a truck and “charge” toward a
    business, Albe said. Warren believed they were going to loot the
    business.

    “He yelled stop, halt, whatever,” Albe said. “They didn’t.”

    Warren, an expert marksman, pulled the trigger on his rifle. A shot rang out.

    “After he fired, the guys turned around and ran off,” Albe said.

    Warren, who Albe said doesn’t know exactly where the bullet landed, then called ranking officers and reported the shooting.

    “He did exactly what he was supposed to have done,” Albe said.

    Though
    the location, the date, time and circumstances square with civilian
    accounts, Albe maintains there is no evidence that shows Warren shot
    Glover.

    “Did David Warren shoot his gun? Yes. He shot one shot. Do we know whether it was Henry Glover? No … We may never know.”

    Warren never wrote a report on the shooting incident.

    “He was told not to” by ranking officers, Albe said. “Plus, an officer involved in a shooting doesn’t write his own report.”

    A
    report written more than a week after the incident classified the
    shooting as a “miscellaneous incident,” a designation given to minor
    matters that typically receive no follow-up, the attorney said.

    Albe
    and other attorneys representing the officers under investigation have
    said the chaotic circumstances after Katrina need to be taken into
    consideration when judging officers’ actions.

    “It wasn’t ‘protect and serve,’” Albe said Friday. “It was protect themselves. It was a question of survival.”

    An unconventional officer

    Warren is no longer with the NOPD. He joined the department as a
    recruit in December 2003 and was sworn in as an officer in May 2004. He
    left the force in 2008, according to civil service records.

    He
    was an unconventional rookie: He joined the force mid-career and holds
    several degrees, including a master’s of business administration degree
    from the University of Wisconsin, according to his personnel file.

    His
    resume also states he has worked in the armed services, and
    participated in “use of force and threat assessment” training at the
    Lethal Force Institute Inc. At the NOPD’s graduation for his recruit
    class, Warren was honored with a precision shooting award for having
    the highest cumulative score during firearms training.

    Civilian witnesses have already given their version of the events of Sept 2, 2005, to federal agents.

    Glover’s fiancee, Rolanda Short, said last fall that Glover had gone
    out that morning to scavenge for supplies. After Katrina, with no
    stores open, he had been in charge of getting food, water and charcoal
    for the couple’s extended family, several of whom lived near their
    apartment on Garden Oaks Drive, she said.

    Short heard someone in
    the street shout out that Glover, who was known as “Ace,” had been
    shot. Short said the man on the street indicated a police officer–maybe
    a state trooper–had shot the father of her young daughter.

    Hearing
    the news, Short ran out into the street and saw Glover lying face down
    on the pavement with blood pouring from his chest. Short said as she
    held Glover’s hand, a car pulled up and two police officers got out.
    They ordered Short to back away from her fiance, but she refused.
    Eventually they left, said Short, who was interviewed by FBI agents
    last year.

    At that point, a potential savior appeared, Short
    recalled. Tanner, a maintenance man on a quest for gasoline for his
    car, stopped his white Chevrolet Malibu at the behest of Glover’s
    brother, Edward King. Though he didn’t know Glover, Tanner agreed to
    try to help.

    A search for help

    Tanner decided that driving several miles to West Jefferson Medical
    Center, the original plan, was a bad idea. With Glover in the car’s
    back seat, and the injured man’s brother and another man in the car,
    Tanner drove to a nearby school where the NOPD’s SWAT unit had set up
    camp during the storm.

    Instead of helping them, Tanner alleges
    that SWAT team members at Paul B. Habans Elementary School handcuffed
    the three uninjured men, interrogating them about what they were doing.

    The
    officers jumped to the conclusion that the men were looters, and beat
    them, with officers kicking Tanner in the ribs, and one officer hitting
    him in the head with the butt of a gun, Tanner said.

    Officers did not tend to Glover, who lay wounded–or possibly dead–in the back seat of the car, Tanner said.

    At
    one point, an officer in a tactical uniform took Tanner’s key chain,
    removed the key to his car and headed toward his Malibu, with flares
    sticking out of the front pocket of his cargo pants, Tanner recalled.
    The officer took off in the car, following other officers who were in a
    white truck, he said. Glover was still in the back seat of the car.

    Eventually, Tanner and the other men were released. They fled the city.

    Scorched bone fragments recovered

    Soldiers from the Army’s 82nd Airborne recovered Glover’s remains,
    mostly scorched bone fragments with “minute fragments of metal,” from
    inside Tanner’s charred car, which had been left beside the levee near
    Patterson Drive and Gen. Collins Avenue. The site was blocks away from
    the NOPD’s 4th District station and a U.S. Border Patrol office, about
    a mile and a half away from the elementary school where SWAT encamped.

    Coroner
    Frank Minyard said DNA from family members helped confirm Glover’s
    identity. The autopsy shows Minyard did not classify the death as a
    homicide or flag it for police investigation.

    Minyard’s inaction in classifying the death a homicide is one reason police didn’t begin an investigation, Albe said.

    Six
    days after Glover’s shooting, a pair of volunteer first responders from
    the Pittsburgh area, armed with a video camera, stumbled upon the
    vehicle. The two men videotaped what they found inside: a skull with
    two holes in it, according to a Pittsburgh television news report.

    The
    skull went missing sometime between the pair’s discovery and when the
    82nd Airborne recovered the remains. No skull is mentioned in Glover’s autopsy, which consisted of an examination of five biohazard bags containing bones and clumps of flesh.

    Tanner
    learned about the location of his vehicle months after the storm from
    an agent with the federal Immigration Customs and Enforcement agency.
    The car remained on the levee through early February 2009. A neighbor
    said it was towed away by an NOPD truck a month later.

    Although
    Tanner made several appeals to the NOPD in the time since Katrina to
    find out what happened to his car, he never got anywhere.

    Two veteran cops also under investigation

    Two veteran officers, both highly decorated, are under investigation
    by federal authorities for playing possible roles in the disposal of
    Glover’s body. Winn and Scheuermann of the SWAT team are two targets of
    the investigation, Eric Hessler, an attorney representing Winn, has
    previously said.

    Winn, a Marine Corps veteran who served in Iraq,
    and Scheuermann are widely respected in the department. They have
    worked in the some of the NOPD’s most proactive and dangerous units,
    volunteering for harrowing assignments time and again. The SWAT team
    responded to numerous reports of violence in the city immediately after
    the storm.

    Hessler has defended his client in interviews,
    saying Winn and the officers he commanded were the ones who stepped up
    during the chaos after Katrina.

    “Jeff Winn addressed everything
    properly by the guidelines the NOPD was working under during Katrina,”
    Hessler said Friday. “By all accounts, he did a great job.”

    Tanner’s account of what happened to Glover first appeared in a 2008 article published in The Nation magazine and on the Web site of ProPublica,
    an investigative newsroom. Despite repeated inquiries by Tanner about
    what happened to his car, the New Orleans Police Department had not
    previously opened an investigation into Glover’s death or the
    incineration of his corpse.

    The story prompted a federal inquiry.
    Since then, dozens of officers, including the current and former
    superintendents, as well as other top brass, have appeared before a
    federal grand jury. The U.S. Department of Justice, working with the
    local FBI office and the U.S. attorney’s office, has issued countless
    subpoenas to the NOPD, and interviewed several officers.

    The
    federal investigation into Glover’s death is one of several active
    probes into the NOPD. A grand jury examining the well-publicized Danziger Bridge shooting–in
    which two men were killed by police and four others were shot–commenced
    last spring. The FBI also has an open investigation into the fatal
    police shooting death of Adolph Grimes III, 22, who was killed in an encounter with officers on New Year’s Day 2009.

    (For additional documents about this case, visit ProPublica’s website.)