Appeal eyed in ex-inmates' rejected suit

An attorney for two Louisiana men whose murder convictions were overturned says he will appeal a judge's ruling to toss a suit against prosecutors in the case. Earl Truvia and Gregory Bright had charged the state maintained a "practice" of violating the rights of defendants and that prosecutors intentionally withheld evidence that might have exonerated the men, The (New Orleans) Times-Picayune reported Tuesday. William Mitchell, an attorney for the pair, said he was "surprised and disappointed" in the ruling Monday by U.S. District Judge Kurt Engelhardt. Truvia and Bright were convicted in 1976 of murdering Elliot Porter and were sentenced to life in prison. Their convictions were overturned in 2002, with the judge accusing the district attorney's office of hiding vital information from the men's defense attorneys. In granting a motion by the city and District Attorney Leon Cannizzaro's office to toss the case, Engelhardt said he was "not convinced" of the defendant's claims that attorneys in the prosecutor's office were not adequately trained. He also turned back the suit's assertion that the defense was not notified that three other men had earlier been questioned about Porter's death. Engelhardt said there was no evidence the men were ever formally booked or charged in the death.