PASSAGE OF THE DAY: "Henry was convicted in 2011 in the vicious double slaying of an octogenarian seamstress and the daughter who raced to her aid at a 7th Ward home. But after his conviction, defense attorneys said newly developed DNA evidence cast doubt on the eyewitness testimony that sent him to prison for life. In March, Waldron agreed with Henry’s defense team and granted the 44-year-old a new trial. Prosecutors are appealing that decision. He also set a $400,000 bail — assuming that amount was out of Henry’s reach, since the New Orleans man said he was a pauper after years in prison. However, Henry’s supporters used an internet GoFundMe campaign to raise the fraction of the bail needed to free him from the Louisiana State Penitentiary at Angola while he awaits a possible second trial. Relatives and defense attorneys said the coronavirus outbreak in Louisiana’s prison system gave them added urgency. Henry had already given his possessions to other prisoners when the Orleans Parish District Attorney’s Office obtained an emergency order blocking his release."
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GIST: "A state judge on Friday again granted bail to a New Orleans man whose double murder conviction was overturned based on new DNA evidence, but his release would come with catches.
Darrill Henry must remain in Orleans Parish, refrain from using alcohol and drugs and wear an electronic ankle bracelet at all times, ad hoc Judge Dennis Waldron said. The judge also paused his order until May 7 so prosecutors can appeal it to higher courts.
Waldron added those conditions to Henry’s bail after the Louisiana Supreme Court sent Henry’s hotly disputed case back to him for a fresh hearing. Henry was convicted in 2011 in the vicious double slaying of an octogenarian seamstress and the daughter who raced to her aid at a 7th Ward home. But after his conviction, defense attorneys said newly developed DNA evidence cast doubt on the eyewitness testimony that sent him to prison for life. In March, Waldron agreed with Henry’s defense team and granted the 44-year-old a new trial. Prosecutors are appealing that decision. He also set a $400,000 bail — assuming that amount was out of Henry’s reach, since the New Orleans man said he was a pauper after years in prison.
However, Henry’s supporters used an internet GoFundMe campaign to raise the fraction of the bail needed to free him from the Louisiana State Penitentiary at Angola while he awaits a possible second trial. Relatives and defense attorneys said the coronavirus outbreak in Louisiana’s prison system gave them added urgency. Henry had already given his possessions to other prisoners when the Orleans Parish District Attorney’s Office obtained an emergency order blocking his release. Prosecutors took their objections up to the Louisiana Supreme Court, which on April 17 sent the bail question back to Waldron for another hearing.
In a telephone hearing on Friday, Assistant District Attorney Kyle Daly said Waldron should give greater consideration to Henry’s run-ins with the law before his arrest in the 2004 killings of Durelli Watts, 89, and her daughter Ina Claire Gex, 67.
On one occasion Henry was accused of punching his mother, and his girlfriend told police that Henry had a problem with crack cocaine, according to Daly. Prosecutors said in a legal brief that Henry was “not the choir boy he recently claimed to be.”
Gex’s son, Las Vegas obstetrician Gregory Gex, told the judge he was worried that Henry would commit crimes upon release.
“We’re afraid because of the nature of the crime. My grandmother was stabbed 14 times. My mother was shot in the head,” he said. “We are devastated.”
However, a member of Henry’s defense team, Vanessa Potkin of the national Innocence Project, pointed to Henry's plan to live at his aunt's house, his participation in faith-based programs at Angola and the prison system’s assessment that he posed a low risk.
“He has both the legal team and the scientific evidence to be vindicated, and he has every reason to appear in court until the day these charges are ultimately dismissed,” she said.
Waldron said he was convinced that Henry had the right to a bail after his convictions were tossed, despite prosecutors’ assertions to the contrary.
However, he tacked on numerous conditions to Henry’s release. In addition to the others, Henry must find a job or educational opportunity, stay out of the French Quarter and submit to court-ordered drug tests."
The entire story can be read at:
https://www.nola.com/news/coronavirus/article_47c2b0d2-8669-11ea-9346-97e152ccb359.html
