Online Comments, Leaks Back In Play in Danziger Bridge Cops' Appeal

A federal judge gave a new indication Monday that Fred Heebe's dig through the trash at Jim Letten's office could end up putting important federal investigations in jeopardy. But it wasn't the probe into Heebe's River Birch Landfill that was addressed. Instead, Heebe's trash could be the treasure of the ex-NOPD convicted for their roles in the post-K killing and cover-up at the Danziger Bridge.

In a rangy 50-page order, U.S. District Judge Kurt Englehardt proved that like all good New Orleans news junkies, he is obsessed with the case of the two Assistant U.S. Attorneys who posted under a number of aliases on nola.com comment boards. He also told Letten's office to question reporters about anonymous sources associated with the case.

In the brief, which was a ruling on a motion in which the Danziger 7 asked for a new trial, Englehardt recounts the entire sordid tale of now-retired federal prosecutor Sal Perricone (aka Henry L Mencken1951) and Letten's embattled lieutenant Jan Mann (aka eweman). After going over the record of how both were exposed as commenters, Englehardt writes Perricone could have committed prosecutorial misconduct by commenting on the Danziger case while it was at trial. He provides a host of Perricone's postings on the case, including the following:

"Where is (Lance) Madison’s gun? Come on officer, tell us. You shot because you wanted be part of something, you thought, was bigger than you. You let your ego control your emotions. You wanted to be viewed as a big man among the other officers. That’s the creed of the NOPD and I hope the jury ignores your lame explanation and renders justice for Mr. Madison. To do less, is to sanction any cop who decides it is in his best interest to put a load of buckshot in the back of a disabled american in broad daylight."

But it's not only Perricone he's concerned with now. Mann's outing as a commenter has thrown new question on the credibility of Letten's office, Englehardt writes. He writes that Mann and Perricone likely interacted on the comment boards, and toys with the idea that more prosecutors in Letten's office may have been commenting. He writes

Quite simply, no one, especially this Court, could reasonably find it credible that Perricone and former First AUSA Mann, while posting under the same nola.com articles, and responding to and echoing each other’s posts, were unaware of the identity of the other. Any assertion to the contrary belies the fact that both Perricone and then-First AUSA Mann are highly intelligent, experienced investigators and very capable prosecutors; and it is truly hard to believe that such seasoned, savvy and keenly insightful individuals, charged with unraveling the most complex white collar crimes in this District, would completely and totally overlook such an obvious thing, especially considering the information set forth in the posts of each.

While he clearly isn't happy about the commenting, Englehardt writes that he isn't prepared to rule that the commenting amounts to misconduct. He calls misconduct a "very near and present thing," but says the possibility of declaring a new trial remains "somewhat distant." In any case, he calls for the feds to implement an independent commission to investigate Perricone and Mann slamming the DOJ for being incapable of being able to conduct a full investigation.

While picking apart online comments is clearly one of Englehardt's prime preoccuptions, it's really leaks about the Danziger Bridge case that the Danziger 7 want him to rule on. In another stroke that could create yet another sideshow to the case, the judge orders Letten's office to question reporters that broke news about a plea deal for former NOPD Lt. Michael Lohman about who their sources were for the story, which ran in advance of the government's announcement. Perricone has denied being a source, but Englehardt wants to know who gave reporters from the Times-Picayune and other news outlets information about the ongoing case. From the filing:

"The easiest way to determine the source of such information is simply to ask the recipient; however, this was not done," he writes. "If the DOJ were truly serious about rectifying and preventing violations... it would vigorously pursue such information."

It might be easy to ask, but a legal minefield likely awaits. Numerous reporters have gone to court to argue their right to protect their sources, citing the First Amendment. In the most famous case of the last decade, New York Times reporter Judith Miller went to jail to protect her sources in a case where a federal prosecutor was trying to determine who outed CIA agent Valerie Plame.

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Art Klub, 513 Elysian Fields Ave (8:00 PM) An interactive and sparkling performance presented by Nari Tomassetti Birdfoot Festival The Little Gem Saloon (8:00 PM) The fourth evening of a chamber music festival that has something for classical aficionados and dilettantes alike Rebirth Brass Band Makes 30 Howlin’ Wolf (9:00 PM) A funky two night celebration of the band’s 30th anniversary Ola Podrida Circle Bar (10:00 PM) Rock around Lee Circle tonight	Online Comments, Leaks Back In Play in Danziger Bridge Cops' Appeal Posted Tuesday, November 27th, 2012 A federal judge gave a new indication Monday that Fred Heebe's dig through the trash at Jim Letten's office could end up putting important federal investigations in jeopardy. But it wasn't the probe into Heebe's River Birch Landfill that was addressed. Instead, Heebe's trash could be the treasure of the ex-NOPD convicted for their roles in the post-K killing and cover-up at the Danziger Bridge. In a rangy 50-page order, U.S. District Judge Kurt Englehardt proved that like all good New Orleans news junkies, he is obsessed with the case of the two Assistant U.S. Attorneys who posted under a number of aliases on nola.com comment boards. He also told Letten's office to question reporters about anonymous sources associated with the case. In the brief, which was a ruling on a motion in which the Danziger 7 asked for a new trial, Englehardt recounts the entire sordid tale of now-retired federal prosecutor Sal Perricone (aka Henry L Mencken1951) and Letten's embattled lieutenant Jan Mann (aka eweman). After going over the record of how both were exposed as commenters, Englehardt writes Perricone could have committed prosecutorial misconduct by commenting on the Danziger case while it was at trial. He provides a host of Perricone's postings on the case, including the following: "Where is (Lance) Madison’s gun? Come on officer, tell us. You shot because you wanted be part of something, you thought, was bigger than you. You let your ego control your emotions. You wanted to be viewed as a big man among the other officers. That’s the creed of the NOPD and I hope the jury ignores your lame explanation and renders justice for Mr. Madison. To do less, is to sanction any cop who decides it is in his best interest to put a load of buckshot in the back of a disabled american in broad daylight." But it's not only Perricone he's concerned with now. Mann's outing as a commenter has thrown new question on the credibility of Letten's office, Englehardt writes. He writes that Mann and Perricone likely interacted on the comment boards, and toys with the idea that more prosecutors in Letten's office may have been commenting. He writes Quite simply, no one, especially this Court, could reasonably find it credible that Perricone and former First AUSA Mann, while posting under the same nola.com articles, and responding to and echoing each other’s posts, were unaware of the identity of the other. Any assertion to the contrary belies the fact that both Perricone and then-First AUSA Mann are highly intelligent, experienced investigators and very capable prosecutors; and it is truly hard to believe that such seasoned, savvy and keenly insightful individuals, charged with unraveling the most complex white collar crimes in this District, would completely and totally overlook such an obvious thing, especially considering the information set forth in the posts of each. While he clearly isn't happy about the commenting, Englehardt writes that he isn't prepared to rule that the commenting amounts to misconduct. He calls misconduct a "very near and present thing," but says the possibility of declaring a new trial remains "somewhat distant." In any case, he calls for the feds to implement an independent commission to investigate Perricone and Mann slamming the DOJ for being incapable of being able to conduct a full investigation. While picking apart online comments is clearly one of Englehardt's prime preoccuptions, it's really leaks about the Danziger Bridge case that the Danziger 7 want him to rule on. In another stroke that could create yet another sideshow to the case, the judge orders Letten's office to question reporters that broke news about a plea deal for former NOPD Lt. Michael Lohman about who their sources were for the story, which ran in advance of the government's announcement. Perricone has denied being a source, but Englehardt wants to know who gave reporters from the Times-Picayune and other news outlets information about the ongoing case. From the filing: "The easiest way to determine the source of such information is simply to ask the recipient; however, this was not done," he writes. "If the DOJ were truly serious about rectifying and preventing violations... it would vigorously pursue such information." It might be easy to ask, but a legal minefield likely awaits. Numerous reporters have gone to court to argue their right to protect their sources, citing the First Amendment. In the most famous case of the last decade, New York Times reporter Judith Miller went to jail to protect her sources in a case where a federal prosecutor was trying to determine who outed CIA agent Valerie Plame. Tagged with: danziger bridge fred heebe jan mann jim letten kurt engelhardt perricone	ADVERTISE with NOLA Defender Contributors: Dead Huey Long, Emma Boyce, Ian Hoch, Sarah Esenwein, Ryan Sparks, Will Dilella, Chris Rinaldi, Lianna Patch, Phil Yiannopoulos, Cate Czarnecki, Jonas Griffin, Jennifer Abbot, Mary Kilpatrick, Elaina Patton, Mike Horst, Devin Bambrick, Katherine McGuire, Norris Ortolano, Joe Shriner Staff Writers Ryan Sparks, Kerem Ozkan Listings Elisabeth Morgan Puzzler Paolo Roy Art Director: Michael Weber, B.A. Assistant Managing Editor Mary-Devon Dupuy Managing Editor Stephen Babcock Editor: B. E. Mintz Published Daily by Minced Media, Inc.
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