Shareef Cousin - Death Sentence Conviction and Overturn

Death Sentence Conviction and Overturn

In 1996, Shareef Cousin was convicted for the murder of 25-year-old Michael Gerardi in a 1995 street robbery that occurred in the French Quarter of New Orleans. Gerardi was on a date with Connie Babin on the evening of the murder, and eyewitness testimony by Babin was an important factor in the trial. Babin told the jury she was “absolutely positive” that she had seen Cousin commit the murder. Detective Anthony Small also listed two additional witnesses that supposedly positively identified Cousin as the murderer, but were never called to testify. It later came to light that the detective lied to get the warrant.

At trial, one of Cousin's co-defendant's in an unrelated armed robbery, James Rowell, was called to testify against Cousin. The prosecutor, Roger Jordan, called that Rowell had given a statement to detectives that Cousin had bragged about the murder of Gerardi. However, when Rowell took the stand, he testified that he did not make that statement; rather he, Roger Jordan, told him to get on the stand and say that Cousin bragged to him about a murder. In return, Jordan would give him a deal on his charges.

After the trial, the defense was provided a copy of Babin's transcribed statement. In the statement she indicated that she was not wearing her glasses or contacts at the time of the murder. Babin stated that she would not be able to identify the other two individuals that were with Cousin at the time of the homicide because they were too far away when she saw them. She remained adamant of her identification of Cousin.

There was also video footage of Cousin playing in a basketball game during the time of the murder.

In 1998, the Louisiana Supreme Court ordered a new trial on the grounds that evidence was mishandled and improperly used. The Supreme Court held it was an error for the prosecution to use the statement of Rowell as substantive evidence of guilt when it was actually impeachment testimony. A few months later, Harry Connick, Sr., the DA at the time, decided to drop the case citing lack of evidence to pursue it any further.

In June 2005, Roger Jordan was disciplined by the Louisiana Supreme Court for his misconduct in Cousin's case. He received a three-month suspended sentence.