In August 2007 comes news of another miscarriage of justice under Eddie
Jordan.
On August 27, 2005, two days before the storm, Tilal Babiker
turned himself in to face charges related to the July 3, 2005 murder of
a clerk and shooting of a cashier during the armed robbery of Wagner's
Meat Market at 2000 South Claiborne. Innocent of those charges, he
expected to be able to clear this thing up and get on with his life,
but a man had come forward saying he saw Babiker leaving the store
after the shootings.
The police had no other leads. Babiker was
arrested. Two days later he was evacuated from a flooded prison with
7,000 others. Even though he does not match the surviving cashier's
description of the shooter, the DA couldn't locate her after the storm,
and chose to believe the other witness.
Babiker was indicted by the Grand Jury in April, 2006 and remained in jail awaiting trial. In early August
2007 the case fell into the hands of a newly hired, but experienced ADA
Jackie Maloney. Maloney quickly recognized the facts and acted to
dismiss the charges. The cashier was located and testified on August
10, 2007. Babiker was set free on Tuesday, August 28, 2007. Maloney is
no longer an ADA having quit along with another ADA earlier in the
month.
So what is going on? Who committed the murder? Why did the witness lie? Was he mistaken or was he working for a CrimeStoppers award or was there some other motivation? Why
didn't he come forward until 7 weeks after the crime? Why didn't the
police detective uncover his lie. Why didn't the detective get a
positive ID from the cashier? Why did the DA's office proceed
with the case? Why didn't Babiker's attorneys know about the cashier's conflicting description of the shooter. Why did Maloney quit shortly after dropping this case? Why did it take from August 10
until August 28 to set Babiker free? Does Babiker have a criminal
record or other arrests for violent crimes? Does he have any recourse? Does he have a job?