CRIMINAL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA CASE NO. 516-272 DIVISION STATE OF LOUISIANA KENTRELL HICKERSON l? - ?718 FILED: DEFENDANT KENTRELL MOTION FOR LEAVE TO SUPPLEMENT HIS SECOND MOTION FOR NEW TRIAL WITH ADDITIONAL GROUNDS Pursuant to Louisiana Code of Criminal Procedure article 856, defendant Kentrell Hickerson respectfully moves the Court for leave to supplement his pending Second Motion for New Trial Based on Newly Discovered Brady and Non?Brady Evidence with two additional grounds which were ?rst discovered nine days ago on February 27, 2018: First, under Brady and its progeny, that the government has knowingly and purposefully suppressed an enormous amount of exculpatory and impeaching analytical evidence in this case that it created while using the Palantir ?Gotham? Program during the Multi-Agency Gang Unit?s investigation into the alleged 3NG ?street gang? and ?criminal enterprise.? Second, that the sheer number and quality of Brady violations in this case shocks the conscience and amounts to an independent violation of Mr. Hickerson?s substantive due process rights under the 14th Amendment of the United States Constitution. BACKGROUND A. Palantir?s ?Gotham? Program Is Used to Build the Case Against the Men Allegedly Associated with the 3NG ?Criminal Enterprise? On February 27, 2018, journalist Ali Winston, reporting for the website The Verge, reported that the City of New Orleans had entered into a ?Data Sharing Agreement and License and Services Agreement? with a California-based company called Palantir Technologies, Inc. Relevant tO this case, the City Of New Orleans originally entered into that Agreement on March 23, 2012 and renewed the Agreement on March 31, 2014.1 A copy of the Agreement and Renewal are attached as Exhibit A. Relevant here, the government handed down its indictment against Mr. Hickerson and the other 19 men the government alleged to be members of the 3NG ?criminal enterprise? in 2013, well after the City of New Orleans entered into its agreement with Palantir. As reported and made available by Mr. Winston, several items of published, authentic, and documentary evidence created by the City of New Orleans and the Multi-Agency Gang Unit prove that both the MAGU and the Orleans Parish District Attomey?s Of?ce used a secret, proprietary data-analysis system created by Palantir called ?Gotham? to create a wide array of analytical evidence in the 3NG case. Speci?cally, documents prove that the MAGU used Gotham to: ?Firmly establish[] gangs as ?criminal enterprises? to assist in the indictment process? 0 ?identify gang involvement in murders and shootings? 0 ?Identify associates of gang members,? and 0 ?establish gang Remarkably, these same documents appear to suggest that Gotham has the capability to ?predict? likely perpetrators of crime, and that based on Gotham data the MAGU determined that perpetrators of gang crime in New Orleans are (or apparently are likely to be) ?overwhelmingly young, African American, male, undereducated, and underemployed.? A copy of the presentation slides containing these revelations is attached as Exhibit B. Importantly, during an interview with Mr. Winston, then-NOPD Superintended Ronal Serpas personally con?rmed that Gotham-created analytical evidence was in fact used by the MAGU speci?cally to investigate and build its indictment in the 3NG case and, by extension, Mr. Hickerson?s case. MAGU documents con?rm that the Orleans Parish District Attomey?s Of?ce was a MAGU member and, by extension, had full access to the data. 1 Mr. Winston?s article is speci?cally formatted for viewing via computer, and is not readily printable to paper. The article may be access here: 8/2/27/ orleans-nopd. B. The Orleans Parish District Attorney?s Office Refuses to Communicate with Undersigned Counsel or Provide Details Regarding Mr. Hickerson?s Case On February 27, undersigned counsel sent an email to both Assistant District Attorneys Alex Calenda and Kyle Daly requesting that they or their of?ce con?rm ?whether or not Palantir data exists on Mr. Hickerson, and whether that data formed any part of the gang unit?s investigation into him, or your of?ce?s prosecution.? Undersigned counsel speci?cally asked for a response by March 7. A copy of the email is attached as Exhibit C. To date, neither Messrs. Calenda nor Daly, nor anyone else from their of?ce has responded. Remarkably, undersigned counsel has personally followed up with multiple text messages, phone calls, and voicemails to both Messrs. Calenda and Daly. As of this writing, the men have re?lsed not just to respond, but they refuse to even answer their phones or acknowledge that a request for information has been made. Giving the men the bene?t of the doubt, the only likely explanation is that senior decision-makers at the District Attorney?s Office have prohibited Messrs. Calenda and Daly from responding. In short, it appears that the District Attorney?s Of?ce is stonewalling any request for information about its use of Gotham-created analytical evidence in the Hickerson case. In this context, Mr. Hickerson?s only recourse is with this Court by moving, under article 856, to supplement his Second Motion for New Trial with these new Brady and 14th Amendment claims. ARGUMENT A. The Gotham-Created Analytical Evidence Used During the 3NG Investigation and Prosecutions Constitutes Brady Evidence on Its Face and Must Be Fully Disclosed Documents created by the City of New Orleans and the MAGU describe the creation of a bewildering array of analytical evidence speci?cally concerning the men indicted in the 3NG case, including Mr. Hickerson, and their alleged crimes. In this case, Mr. Hickerson was charged with conspiracy to commit racketeering and distribution of heroin and cocaine in furtherance of criminal street gang activity. We know now that the MAGU used Gotham to create analytical evidence that described 0 whether the ?gang? and ?criminal enterprise? referred to as existed at all, or whether the analytical evidence suggested it was more likely that indicted men were simply associated with each other by their neighborhoods and not in a gang; whether Mr. Hickerson was likely to be or NOT likely to be a member of 3NG or any other criminal enterprise; whether Mr. Hickerson was likely to be or NOT likely to be associated with the two men the government alleged he killed, Omar Breaux and Durrell Pooler; 0 whether anyone else was MORE likely to have actually killed Omar Breaux and Durrell Pooler; 0 whether the testimonies of the government?s star witnesses, including Tyrone Knockum, were consistent with or were instead IMPEACI-IED by the analytical evidence created by Gotham; and, 0 whether Gotham actually predicted that someone other than Mr. Hickerson committed the crimes the government charged him with in this case. It is black letter law that any of the above evidence constitutes material, exculpatory, and impeaching evidence that Mr. Hickerson would be entitled to during his trial. Indeed, even if the Gotham system created no data regarding Mr. Hickerson at all, that itself would be material and exculpatory because the entire purpose of the Gotham system is to create analytical evidence suggesting that certain people have gang associations and are likely perpetrators of violent crime. If no evidence was returned for Mr. Hickerson, that ipso facto means that the government?s analytical program deemed it unlikely that Mr. Hickerson was af?liated with any gang or criminal enterprise or engaged in any criminality. The government?s purposeful suppression of this information constitutes black letter Brady violations. B. Gotham-created Analytical Evidence Is Additionally Material Based on the Speci?c Facts of Mr. Hickerson?s Case Separate and apart from the patent Brady issues described above, MAGU documents con?rm that Gotham-created analytical evidence was speci?cally relevant to a central issue argued in Mr. Hickerson?s case: whether or not 3NG was really a ?gang? or ?criminal enterprise,? or whether the government had simply accused numerous men of gang involvement who were really only connected by their shared neighborhood and upbringing. Relatedly, even if the indicted men were actually members of a ?gang? or ?criminal enterprise,? Mr. Hickerson repeatedly argued that he was not af?liated with any such enterprise. We know now that a key purpose of Palantir?s Gotham program was to create analytical evidence that described who was or was not associated in gangs or criminal enterprises. Such evidence would have constituted critical, material, and classical Brady substantive and impeachment evidence in Mr. Hickerson?s case. In other words, whether a gang or criminal enterprise even existed was hotly contested in Mr. Hickeron?s case. Indeed, during a seminal moment near the end of the Hickerson trial, star- witness Tyrone Knockum admitted during cross-examination that wasn?t a gang at all. Instead, what the government referred to as a ?gang? or ?criminal enterprise? was really just a group of young men who happened to live near each other in the same neighborhood: Q: It?s not a ?yes? or ?no? question. Which one is it? Is it a bona ?de gang or is it a group of people that grew up around each other and hang around with each other? A: It?s a group of people that grew up around each other. Testimony of Tyrone Knockum (May 24, 2016) (an excerpt of which is attached as Exhibit D). Mr. Hickerson raised the issue again during his closing argument when defense counsel speci?cally argued that the group of people collectively referred to as were neither a bona ?de gang nor a criminal enterprise: Let?s talk about the enterprise . . . . What is the enterprise? The State [will] say it?s a gang. The State says it?s 3NG. What did Tyrone Knockum tell us? ?Tyrone Knockum, do you share money with these other members?? ?Do you share guns?? ?Do you share drugs?? ?Do you kick up money that you make to someone higher than you in the group?? ?Do people below you kick money up to you?? . . . . I said, ?Tyrone, what is it? Is it a bona ?de gang? -- and I used the word ?bona I said, ?Is it a bona ?de gang or is it just a group of people that grew up in the same neighborhood and know each other?? And he said -- he thought about it and he said, ?You know, it?s a group of people that grew up next to each other.? At the end of the day, the State has to prove that it?s something more than just people that grew up with each other, people that are friends with each other, people that are afraid of other neighborhoods so they stay around themselves. It has to be something more than that. It has to be an enterprise, an enterprise. Tyrone Knockum said it?s not an enterprise. Defendant?s closing arguments (May 27, 2016) (the of?cial transcript of defendant?s closing arguments was previously introduced in the record in this matter). Applied to this case, suppression of Gotham-created analytical evidence looms even larger because the primary purpose of Gotham is to map and identify gang af?liations or the absence of such af?liations. Here, Mr. Hickerson had the absolute right to view and traverse the Gotham-created analytical evidence concerning any alleged 3NG gang af?liations (or lack of af?liations) because the existence (or absence) of a bona ?de gang or criminal enterprise is the threshold element of Mr. Hickerson?s conSpiracy, racketeering, and gang-af?liated charges. It is simply beyond the pale that the government suppressed the existence of this information. C. Article 856 Expressly Authorizes the Court to Grant Mr. Hickerson Leave to Supplement His Motion for New Trial, and the Court Must Grant that Leave so It Can Consider Mr. Hickerson?s Claims ?Collectively? and Not ?Item-by-Item? Mr. Hickerson ?led his Second Motion for New Trial in March 2017. No one outside of the Mayor?s Of?ce and the MAGU knew that Palantir?s Gotham program was being used to build the 3NG case until Mr. Winston broke the story nine days ago on February 27, 2018. Nevertheless, La. Code Crim. P. art. 856 speci?cally authorizes the Court to grant Mr. Hickerson leave to supplement his Second Motion for New Trial with these additional Braay claims: A motion for a new trial shall urge all grounds known and available to the defendant at the time of the ?ling of the motion. However, the court may permit the defendant to supplement his original motion by urging an additional ground, or may permit the defendant to ?le an additional motion for a new trial, prior to the court?s ruling on the motion. 1d. Respectfully, to the extent that Mr. Hickerson raises a prima facie case of additional Brady and 14th Amendment Due Process violations, it appears the Court does not have discretion to deny Mr. Hickerson?s motion for leave. As the Court is well aware, the Louisiana Supreme Court requires the trial court to consider all alleged Brady violations ?collectively, not item-by-item.? State v. Marshall, 94-0461 (La. 9/5/95, 12-17), 660 So. 2d 819, 826. In other words, Mr. Hickerson must be granted leave to supplement his Second Motion for New Trial with these additional Brady and 14th Amendment claims because ?the cumulative effect of the suppressed evidence must be considered? in his motion for new trial. Id. Were the Court to rule on only some of Mr. Hickerson?s Brady claims, but not others, it would defeat the remedial purpose of Brady and the clear instructions from the Louisiana Supreme Court WHEREFORE, defendant Kentrell Hickerson respectfully moves the Court to grant him leave to supplement his Second Motion for New Trial with his additional Brady and 14th Amendment claims as alleged herein, to continue the Court?s hearing to announce its ruling on Mr. Hickerson?s Second Motion for New Trial, to grant Mr. Hickerson leave to issue additional subpoenas and subpoenas duces tecum to compel production of material Gotham-created analytical evidence in this case, and to consider collectively all of Mr. Hickerson?s Brady and 14th Amendment claims raised to date. ?d?tl . Kev?in s. Vog??anE'EBar #32746) Law Of?ce of Kevin S. Vogeltanz, LLC 823 Carroll Street, Suite Mandeville LA 70448 Email: vogeltanz@gmail.com Telephone: (504) 275-5149 Facsimile: (504)910-1704 Counsel for Kentrell Hickerson CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above motion for leave to supplement was served on the district attorney?s of?ce by hand delivVis Mar 8, 2018. I . . This License and Services Agreement is entered into as of February 23. 2012 ("Effective Date"). by and between Palantir Technologies Inc.. a Delaware corporation. with its principal place of business located at 100 Hamilton Ave. Suite 300. Palo Alto. CA 94301 (?Palantir") and the City of New Orleans (?Customer") designated below. CUSTOMER NAME OF CUSTOMER: City of New Orleans ADDRESS: STATE. 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I32 Customer represents, warrants and covenants to Palantir that it will not use the Products for any improper, 4Q Palantir illicit, or illegal purposes, including but not limited to discrimination, (ii) harassment. compromising infonnation and data security or con?dentiality. (iv) integrating information that has been obtained in violation of any applicable contractual agreement or local, state, or Federal law, regulation, or ordinance, violation of privacy or constitutional rights of individuals or organizations, and/or (vi) violation of local, State, andlor Federal laws, regulations, or ordinances. 14- W. 14.1 EXCEPT FOR OBLIGATIONS SET FORTH IN SECTION II AND SECTION [4.3 OF THIS AGREEMENT. AND EXCEPT FOR BODILY INJURY (BUT SOLELY TO THE EXTENT THAT LIMITATION ON LIABILITY THEREFOR IS NOT PERMITTED UNDER APPLICABLE LAW). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, PALANTIR SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY WITH RESPECT TO ANY PRODUCT, SERVICE OR OTHER SUBJECT MATTER OF THIS AGREEMENT FOR ANY INDIRECT. SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE LEGAL THEORY USED TO MAKE A CLAIM. AND WHETHER OR NOT BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, IN TORT OR ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, LOSS OF USE, LOSS OR ALTERATION OF DATA, COST OF REPLACEMENT, DELAYS. LOST PROFITS. OR SAVINGS ARISING OUT OF PERFORMANCE OR BREACH OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE PRODUCTS, OR FOR ANY MATTER BEYOND REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES. 14.2 EXCEPT FOR OBLIGATIONS SET FORTH IN SECTION ll OF THIS AGREEMENT, AND EXCEPT FOR BODILY INJURY (BUT SOLELY TO ma EXTENT THAT ON LIABILIIY THEREFOR Is NOT PERMITIED UNDER APPLICABLE LAW). 10 THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ANYTHING IN THIS AGREEMENT TO THE CONTRARY, EACH PARTY AGREES THAT THE MAXIMUM AGGREGATE LIABILITY OF PALANTIR ON ANY CLAIM OF ANY KIND. BASED ON TORT (INCLUDING BUT NOT LIMITED TO, STRICT LIABILITY, OR NEGLIGENCE) OR ANY OTHER LEGAL OR THEORY OR RESULTING FROM THIS AGREEMENT OR ANY PRODUCTS OR SERVICES FURNISHED HEREUNDER SHALL BE $200,000 DOLLARS AND THAT SUCH REMEDY Is FAIR AND ADEQUATE 14.3 Notwithstanding the limitation of liability in Section l4.l above, Palantir shall indemnify Oratomer up to the amount set forth in Section l4.2 for any damages finally awarded pursuant to a non-appealablc order by a court of competent jurisdiction against Customer. but only if: such liability results from the unaudrorized release of non-public data that Palantir receives from Customer; (ii) the release of data results ?om Palantir?s gross negligence or intentional misconduct. as determined by a court?s non? appealable. ?nal determination; and any indanni?carion is decreased proportionately by Customer?s own concurrent liability, if any. 15. museum. This Agreement Shall be deemed to have been made in. and shall be construed pursuant to the laws of the State of Louisiana and the United States, without regard to con?icts of law provisions thereof, and without regard to the United Nations Convention on contracts for the International Sale of Goods. l6. mm Neither this Agreement nor the licensa granted hereunder may be assigned, transferred, subcontracted. or sublicensed by Customer; any attempt to do so shall be void. Palantir may assign this Agreement in whole or in part. Any notice. report. approval or consent required or permitted hereunder shall be in writing and sent by ?rst class US. mail, confirmed facsimile. or major commercial rapid delivery courier service to the address wcci?cd above. As between the parties. Palantir will own all intellectual property rights in Products and Documentation and anything else created pursuant to this Agreement. including but not limited to all copies. improvements, modi?cations and derivative works thereof, related and materials. If any provision of this Ayeement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid. that provision Shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise rennin in ?rll force and effect and be enforceable. Any and all modi?cations. waivers or amendments must be made by mutual agreement and shall be effective only if made in writing and signed by each party. No waiver of any breach Shall be deemed a waiver of any subsequent breach. Customer?s rights under this Agreement are subject to its compliance with all applicable export control laws and regulations. This Agreement, including any Exhibits hereto and any mutually executed Statements of Work. is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous twitter and oral agreements and communications relating to the subject matter of this Agreement. In the event of a con?ict between this License and Services Agreement, the Agreement for data Sharing (the and/or any Exhibits or Statements of Work. the terms and conditions of this Agreement will prevail. Palantir is in no way af?liated with, or endorsed or sponsored by, The Saul Zaentz Company d.b.a. Tolkien Enterprises or the Estate Tolkien. l7. The following terms and conditions are required by Oracle Corporation (?Oracle") in order to distribute Oracle's ao?ware products with Products and are incorporated herein: use of sQPalantir Products is restricted to the internal business operations of Customer and Customer shall he rewonsible for its agents' or contractors' use of Products and compliance with this Agreement: to the extent permitted by law, Oracle shall not be liable for any damages, whether direct, indirect, incidental, special, punitive. or consequential, and any loss ofpro?ts. revenue, data or data use, arising from the use of Oracle's so?ware products; Customer- shall comply fully with all relevant export laws and regulations of the United States and othe- applicable export and import laws to assure that neither the Products, nor any direct product thaeof. are exported, directly or indirectly, in violation of applicable laws; the Oracle software products are subject to a restricted license and may only be used in with Products; Palantir is permitted to audit Customer?s use of Oracle's software products, and Customer shall provide reasonable assistance and access to information in the cornse of such audit and permit Palantir to report the audit results to Oracle or to assign Palantir?s right to audit Customer?s use of Oracle's software products to Oracle. Oracle shall not be responsible for any .of Palantir's or Customer?s costs incurred in cooperating with the audit when Palantir assigns its right to audit Oracle?s software products to Oracle; Oracle shall be a third party bene?ciary with respect to Palantir?s rights and Customer?s obligations under this Agreement; the Uniform Computer information Transactions Act shall not apply to this Agreernem; (In) some Oracle software products may include source code that Oracle may provide as part of its standard shipment of such programs, which source code shall he governed by the terms of this Agreement; third party technology that may be Wat: or necessary for use with some Oracle software products is speci?ed in the Product documentation or as otherwise noti?ed by Palantir and such third party technology is licensed to Customer only for use with Products under the terms of the third party license agreement speci?ed in the Product or as otherwise noti?ed by Palantir and not under the terms of this Agreement. WM 69 Palantir AGREEMENT BETWEEN THE CITY OF NEW ORLEANS AND PALANTIR TECHNOLOGIES INC. FOR DATA SHARING Parties This Agreement for data sharing (the dated February 23, 2012, is entered into by and between Palantir Technologies Inc, (?Contractor?) and the City of New Orleans, (the ?City?), for the purposes of: addressing the access to and handling of data electronically ?om the City to the Contractor; and (2) addressing the access to and handling of data electronically from the Contractor to the City, to the extent any such transfer is necessary. This DSA is entered into in conjunction with the License and Services Agreement dated February 23, 2012 (the ?Agreement?). Ifthere is any con?ict between this DSA and that Agreement, the terms of the Agreement shall prevail. 11. Pm Contractor and the City enter into this DSA for the purpose of sharing certain data (described below in Section 3). This DSA will help Contractor and the City work together to use Contractor?s proprietary Palantir Government software program to create an integrated analytical environment for ?wrap-around? analysis of records from multiple data sources (the ?Project?). The City desires certain data ?-om the Contractor related to the deployment and support of the Project. The data will be used to establish the technological and infonnation-sharing in?'astructure necessary to support the Project. In establishing and supporting the Project, the Contractor will require controlled access to certain data ?om the City related to the technological and infonnation-shaiing infrastructure of the City, and substantive data from multiple City records sources. Ill. Responsibilities and Dgcription of Data Shared This DSA is intended to provide a mechanism for data sharing to allow the sharing of data between the Contractor and the City. Both parties will seek to expedite cooperation to the extent feasible by resource constraints. This DSA shall include, but not be limited to, the data (and associated metadata) described below (hereafter, the ?Shared Data?). A. Contractor shall provide to the City: 0 Such technological data as necessary to deploy the Project. B. The City shall provide to Contractor: - Access to such data and records sources that the City wishes to incorporate into the Project?s analysis. C. Restricted Use of Data: 1. The Contractor and the City shall use the data obtained under this DSA solely for the purposes of the Project. 2. The City and the Contractor are committed to maintain the privacy and security of con?dential data, unless required to disclose it by applicable law or court order. 3. No data covered under this agreement will be provided to third parties without the expressed written consent of the party providing the original data, unless required to disclose it by applicable law or court order. This also applies to any analysis or work products derived from such data, though Contractor may describe the Project and analytical conclusions broadly in its promotional materials and presentations, so long as such descriptions do not include any con?dential data. 4. No party shall sell or make available for purchase the data supplied by the other party. 5. Any data quality issues or concerns discovered by the originator/supplier of data after transmitting data to the other party shall be communicated to the other party. For example, if the data supplier ?nds an error in the data, the data supplier will inform the receiving party and supply corrected data if available. 6. Any data quality issues or concerns discovered by the recipient of the data shall inform the originator/supplier of those issues or concerns. Any questions regarding data quality will be referred to the originator/supplier of the data. D. Frequency of Delivery: The data described above shall be provided by the data originator/supplier on an as requested basis. Every e??ort will be made to expedite requests. Existing data should be provided within ten (10) working days. Both sides will attempt to meet requests that require additional queries or analysis within twenty (20) working days. IV. Miscellaneous Provisions A. The City hereby agrees to release to Contractor all reports, conclusions, recommendations, etc. based on its analysis of this data prior to the time and in the same manner that such data is given to any third party. All reports, conclusions, recommendations, etc. based on the City?s analysis will not be publicly released without review by Contractor. B. W. The Contractor will not assign any interest in the DSA and shall not transfer any interest in the same without prior written consent of the City. Notwithstanding the foregoing, Contractor may assign all interests to any successor or acquirer of all or substantially all of Contractor?s business. C. Modi?cation of BSA. No alteration, variation or modi?eetion of any term or provision of this DSA shall be valid unless made in writing and signed by the parties hereto, and, no oral understanding of any agreement of any kind or nature whatsoever not incorporated herein shall be binding on any of the parties hereto. D. Mum. Contractor?s limited indemni?cation of City hereunder shall be governed by Sections 11 and 14 of the Agreement. - B. Indmdent Contractor. The Contractor and its employees and agents are independent contractors with respect to the performance of any obligation hereunder or connected herewith and are not employees or agents of the City. F. Jurisdiction. The undersigned Contractor does further hereby consent and yield to the jurisdiction of the State Civil Courts of the Parish of Orleans and does hereby formally waive any pleas of jurisdiction on account of the residence elsewhere of the undersigned Contractor. G. The parties acknowledge and agree that Contractor is donating the services described herein to the City, and that the City shall incur no direct costs therefore. Moreover, this Agreement shall not be amended or expanded in any way that obligates the City to incur any costs for any services provided by the Contractor hereunder. The parties ?rrther acknowledge and agree that the City is subject to applicable laws and policies regarding the procurement of professional services by competitive selection, including without limitation, the Home Rule Charter of the City of New Orleans, and Executive Order MIL 10-05. Accordingly, the services provided in this DSA shall not in any way be construed to provide a guarantee or preferential standing to Contractor in connection with any subsequent procurement or solicitation by the City for the same or similar services, or for any work beyond the scope of this DSA. This DSA shall be non-exclusive. Accordingly, Contractor shall be free to provide services to other clients, and the City shall be ?ee to engage the services of other consultants for the same or similar services. V. Te;r_n: The term of this DSA is for two (2) years ?'om February 23, 2012 to February 22, 2014. VI. Modi?cation and Termination: A. This DSA may be modi?ed only in writing by mutual written consent of Contractor and the City. B. This DSA may be terminated, at any time, upon mutual written agreement between the parties, or by either party upon 30 days written to the other party to this agreement. VII. Notices. Any notices required to be given pursuant to this CEA shall be given in writing and shall be mailed to the parties hereto at the addresses of each of the parties, as follows: Matthew Long Allen Square Legal Counsel Deputy Chief Information Of?cer Palantir Technologies Inc. for Technology and Innovation 100 Hamilton Ave. City of New Orleans Suite 300 Palo Alto, CA 94301 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for data sharing to be executed by theirduly authorized representatives as of the day and year ?rst above written. Palantir Technologies Inc. By; Matthew Long ?7 Title: Legal Counsel Date: City 0 ew 0r By: Mitchell 1. Landrieu 2m Title: Mayor of New Orleans AMENDMENT NO. I TO DATA SHARING AGREEMENT AND LICENSE AND SERVICES AGREEMENT BETWEEN CITY OF NEW ORLEANS AND PALANTIR TECHNOLOGIES, INC. K12-168 4, (14 THIS AMENDMENT is made and entered into this day of W1 2014, by and between the City of New Orleans, represented by Mitchell .1. Landrieu, Mayor (the ?City?), and Palantir Technologies, Inc. represented by its duly authorized representative, Matthew Long (the ?Contractor?). WHEREAS, on February 23, 2012, the City and the Contractor entered into that certain License and Services Agreement for the purpose of setting the terms and conditions under which the Contractor agreed to license certain of the Contractor?s software products and provide certain services to the City for a period of two (2) years WHEREAS, in furtherance of and in connection with the LSA, the City and the Contractor also entered into that certain Data Sharing Agreement on February 23, 2012 for the purposes of 1) addressing the access to and handling of data electronically from the City to the Contractor; and 2) addressing the access to and handling of data from the Contractor to the City, to the extent any such transfer is necessary WHEREAS, the City and the Contractor, each having the authority to do so, desire to execute this Amendment to continue the services set forth in each of the LSA and BSA (collectively ?the Agreements?) and extend the terms of each of the Agreements for an additional two (2) years, through February 21 2016. NOW THEREFORE, for good and valuable consideration, the City and the Contractor hereby amend the Agreements as follows: 1. Term: The Agreements are hereby extended for an additional two (2) years, through February 21, 2016. 2. Audit And Oversight: The Contractor agrees to abide by all provisions of City Code 1120, including but not limited to City Code which requires the Contractor to provide the Of?ce of Inspector General with documents and information as requested. Failure to comply with such requests shall constitute a material breach of the Agreements, as amended. In signing this Amendment, the Contractor agrees that it is subject to the jurisdiction of the Orleans Parish Civil District Court for purposes of challenging a subpoena. 3. Convicted Felon Provision: The Contractor swears that it complies with Section 2-8 of the Code of the City of New Orleans. No Contractor principal, member, or of?cer has, within the preceding ?ve years, been convicted of, or pled guilty to, a felony under state or federal statutes for embezzlement, theft of public funds, bribery, or falsi?cation or destruction of public records. 4. 7. Non-Solicitation Statement: The Contractor swears that it has not employed or retained any company or person, other than a bona ?de employee working solely for him, to solicit or secure the Agreements, or any amendment thereto. The Contractor has not paid or agreed to pay in person, other than a bona ?de employee working for him, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting ?om the Agreements, or any amendment thereto. Governing Law Notwithstanding any provision to the contrary in the Agreements, the Agreements, as amended, shall be construed and enforced in accordance with the laws of the State of Louisiana, without regard to its conflict of laws provisions. Exclusive Jurisdiction and Venue: Notwithstanding any provision to the contrary in the Agreements, the Contractor consents and yields to the jurisdiction of the State Civil Courts of the Parish of Orleans and formally waives any pleas or exceptions of jurisdiction on account of the residence of the Contractor. Non-Waiver: Except as otherwise provided by this Amendment, the terms and conditions of the Agreements, as amended, remain in full force and effect. IN WITNESS WHEREOF, the City and the Contractor, through their duly authorized representatives, execute this Amendment. CITY OF NEW 0 BY: MITCHELL J. LANDRIEU, MAYOR 3/ Elf/Cf FORM AND LEGALITY APPROVED: Law Department By: mm?g Printed Name: RBI 4 177., PALANTIR TECHNOLOGIES, INC. MATTHEW LONG Amendment No. to License and Services Agreement and Data Sharing Agreement Page 2 of 2 City of New Orleans and Palantir Technologies, Inc. K12-168 EXHIBIT Deploying Palantir Gotham in New Orleans Sarah Schirmer Performance Management and Policy Lead Innovation Delivery Team Office of Mayor Mitch Landrieu Murder in New Orleans Murder is a critical and persistent issue in New Orleans - National Murder Rate: 4.8 per 100,000 - Similar Sized Cities Murder Rate: 11.8 per 100,000 - 2012 New Orleans Murder Rate: 52.3 per 100,000 Culture of violence Young kids victimized by beefs and gang retaliation - 7 victims under 10 years old since 2010 National Rate, 1931-2012 -New Orleans Murder Rate "National Murder Rate E100 . m_mm. m. ?mm. _?mw 30 70 . _m ?Hum__ 8'1!82 83 Ill-534135 m'I?r86m87: '88 89 ?90 ?91?92H'93'94r'95m95 ?97me8 99 00 -'m01-02 03 '_04 05 06 07 08 '09 '10 '11 '12 Source F81 Uniform Crime Reports, New Orleans did not submit 2005 data to the FBI due to Hurricane Katrina Building Analytic Capacity Lack of analytic capacity and resources in the Mayor?s Office and NOPD Public safety data systems: - Not integrated - Changes have been inconsistent across agencies - No system-wide retention or reconciliation policies - Systems used as repositories of information rather than informing research and practice Integrated Data Sources Public Safety Sources - NOPD 0 Calls for Service (CAD) 0 Electronic Police Reports (EPR) 0 Field Information Cards (FIG) 0 Case Management System (to come) 0 Parole and Probation Records for Orleans Parish and surrounding Parishes - Sheriff's Of?ce Arrest and Booking Records - Group and Gang Database Open Data Sources - Schools, parks, libraries - Liquor stores - Map layers (police, fire, and council districts, historic districts, city parks, statistical areas) - Streetlights Hl}3 Using Data to Reduce Murder Focus on People and Places - Five neighborhoods with largest share of violent activity - Victims and perpetrators are overwhelmingly young, African American, male, undereducated, and underemployed Better Understand Modality - 90% of murders are gun-involved - 75% occur in a public space - 78% are attributed to feud/retaliations, drugs, or an argument . Groups and gangs are responsible for a large portion persistent over 3 years 2011 a 2012 . 2013 Source: NOPD Homicide Division NOLA FOR LIFE NOLA FOR LIFE: A Comprehensive Murder Reduction Strategy - Multi-jurisdictional effort: city agencies, local, state and federal law enforcement, public safety agencies, community partners, service providers, researchers, universities, national experts 5 Pillars: - Stop the Shooting Invest in Prevention Promote Jobs Opportunity Improve the NOPD Get Involved Rebuild Neighborhoods H33 Multi-Agency Gang Unit Established in November 2012 - Made up of: NOPD, District Attorney?s Office, Sheriff?s Office, Louisiana State Police, Parole Board, US Attorney?s Office, ATF, DEA, US Marshal?s Service, US Probation Parole - Uses racketeering (RICO) indictments to hold the most violent gangs accountable for the murders and shootings their members commit - 8 gangs and 83 gang members indicted Nov 2012- Mar 2014 - A similar multi-agency gang unit is being replicated in Philadelphia and Peoria as a best practice Multi-Agency Gang Unit investigation Leads to the Most Sweeping Street Gang Indictment in the History of New Orleans MAY 09, 2013 NEW ORLEANS. LAnFollo~.ving an intensive and long term mvesngatron by tne mum-Agency Gang Limt. t'ne Orleans Dansh attorneys o?rce obtained a sweeping ?fty-One count racxeteerlng indistmeot agams: fifteen .. de?enc?ants on Wednesday. in what :2 believed to be the oroadest street gang Indictment in the hittory [/31 Orleans. tne Bus 0. Ice l?GlC.Ed members -ne .0 ers gang a htany vuolen. crimes Includsng .en murders among these the murder of Brxanna Allen. Additionally. the racxeteermg lists four otner murders as . a . ?overt atts? rn .?Ln'tnerance or the gang 5 criminal enterprise. ?3.3 -Ag cy a it :mmtin Mother's Day gang shooting, A new way of working ewes . - - Frenchmen mam-W . 110 ers. and Derbigny: New Orleans uber-gang hnked to httle 15 people 9 people Briana Allen?s murder during birthdayparty indicted indicted themes-Mac Briana Allen's relatives charged by feds in drug, weapons conspiracy Al I a Family: 7 people indicted 1o Hl}3 Palantir FocuSes Resources Deploying limited resources where they will make the moSt impact - CeaseFire Hospital Crisis Intervention Team Target community outreach to hot spots - Department of Public Works Repair streetlight outages - Fire Department Increase presence around schools in violent areas - Health Department Identify schools with high-risk populations for prevention initiatives - Innovation Delivery Team ?Analyze murder victim wound loca?ons - Law Department Enforce alcohol beverage outlet (ABO) violations - Mayor?s Office Locate neighborhood cleanup sites - NOPD Social network analysis, identify gang involvement in murders and shootings, and more 11 Challenges and Lessons Challenges in the Public Sector 0 Requires dedicated effort from project managers and public safety agencies - Data identification, approval for integration, architectural issues - Stakeholder and end user adoption Lessons From a Project Manager - Use your Palantir engineers! - Palantir helps users imagine how they can use the tool and provides the common language between technology and practitioner or policy wonk - On-site interest and adoption can be increased by replicating and expediting real world work ?ows 0 Demonstrate demonstrate demonstrate 12 Combating Crime in NOLA with Palantir Jeff Asher Intelligence Analyst Multi-Agency Gang Unit New Orleans Police Department Palantir as a Force Multiplier Substantial applications of Palantir all along the tactical to strategic spectrum Used to support: - Criminal investigations - Racketeering indictments - Strategic homicide-reduction strategies Employ multiple secure data sources: . Jail calls phone data - Gang af?liations and violent activity - Crime Lab Data - Ballistics Analysis - Social Media 14 Hl}3 Criminal Investigations Social network analysis in Palantir has become integral part of investigative process - In 2013, New Orleans averaged 1.3 shootings per day (.45 homicides per day) - Each day, social network analyses of victims and suspects in recent shootings and homicides are delivered to NOPD leadership, NOPD detectives, and interested Federal partners - Ad hoc social network analysis charts provided to interested detectives to support and help solve specific investigations 15 Identifyin Connections Through Social Ne work Analysis Mw' Indirect gang connection through Field Interview Card a 1/1: ?on u/ ,4 Wag .. 3,42% Jail calls to numbers in mm:? 3 9' common with gang members Shared address with a gang member 16 Strategic Support Palantir used to create sophisticated baseline analyses of gangs - Firmly establishes gangs as ?criminal enterprises? to assist in the indictment process - Identify associates of gang members who were not classified in the gang audit, but who have a history of offending with known gang members - Clearly establish gang territory and visually highlight possible feuds 17 Identifyin Homicide Risk Through Socral Ne work AnalySIs - Research in Chicago shows up to 40% of homicide victims are criminally involved with someone who has been involved in a shooting . Social network analysis of 2011-2013 fatal non-fatal shooting victims in New Orleans creates a community of highest risk individuals 0 We can identify 35-50% of shooting victims from a population of 3,800 citizens of total city population) - Called the NOLA Model - Identifying predictive murder victim characteristics will help reduce the size of the target population and maximize the efficiency of resource allocation - Predictive power will be the greatest among the high risk population with recent criminal histories 18 Hm Identifyin High Risk Victims Through colal Network AnalySIs Social Network of a December 2013 Homicide Victim March 2013 Field interview Car process thousands of times to identify high risk population '1 ?mum-Mm CI Mutt mum ?m?sm. ?1 9 High Risk Population Breakdown High Risk High Risk Population w/ Population w/ Recent Criminal New Orleans High Risk Recent Criminal History Non-High Risk Population Population History Age 19?31 Population Population 378,000* 3,941 2,496 2,094 374,059 0 Of No.? 100% 1% 0.66% 0.5% 09% Populatlon 201.4 Fatal Shooting 30 14 12 11 16 Victims Fatal Shooting Rate 32 1,420 1.923 2,101 17 Per 100,000 20 Scoring 2014 Murders Incidents as of 4/01/2014 Percent Total NOLA Model Other Identified Homicide Incident by 27 16 11 59% Shooting Aggravated Battery by 73 27 46 37% Shooting Aggravated Assault 1 4 6 8 43% w/Gun?re Total Incidents 114 49 65 43% 21 ?3.3 From Analysis to Intervention Mayor?s Office and NOLA FOR LIFE team are developing innovative strategies for putting the NOLA Model into action, and using it to inform our prevention, intervention, and rehabilitation approaches - Engaging program partners - Narrowing the list through three steps: oSelecting individuals with the highest predictors of violence (age, criminal history, gang af?liation) 0 Identifying individuals who are already engaged through other NOLA FOR LIFE programming 0 Identifying indicators that will suggest whether law enforcement intervention or social service prevention (or a combination) is more appropriate 22 H53 Innovative Solutions What We?ve Done 80 Far: . 20% reduction in murders and 14% reduction in non-fatal shoo?ngs . Lowest number of murders in nearly 30 years - Murder rate has dropped to 42.3 per 100,000 Where We Want to Go Next: - Create a dashboard that aggregates Street Gang Unit tactical activity - Identify most violent gangs in real time 0 Manage gang and other real-time intelligence - Track homicide cases as they progress through case processing - Identify returning citizens before release who are at highest risk for violence and connect them to reentry services . NOLAlytics 23 VN 85% ag?m swam BE 69:00 mu: 3f8f2018 Gmail Palantir EXHIBIT I . Gma? Kevin Vogeltanz Palantir Kevin Vogeltanz Tue. Feb 27, 2018 at 7:09 PM To: Kyle Daly acalenda@orleansda.com Gentlemen: I will need you or someone from your of?ce to con?rm whether or not Palantir data exists on Mr. Hickerson, and whether that data formed any part of the gang unit's investigation into him, or your of?ce's prosecution. Judge Buras is scheduled to rule defendant?s motion for new trial on March 15. I would appreciate an answer to my question by next Wednesday. March 7. Best, Kevin The Law Of?ce of Kevin S. Vogeltanz. LLC complex civil criminal litigation email: vogeltanz@gmail.com voice/text: 504.275.5149 efax: 504.910.1704 physical: 823 Carroll Street, Suite A Mandeville. LA 70448 Please note my new office and mailing address *This message (and any attachments) may be a privileged and confidential communication to one of my clients. if you are not the intended recipient, please email or contact me immediately. then please delete this misdirected email. Thanks very much in advance. d9f554a .. qu?l-hWNlEXHIBIT CRIMINAL DISTRICT COURT PARISH OF ORLEANS STATE OF LOUISIANA VERSUS KENTRELL chxenson CASE NUMBER: 516-272 SECTION Transcript of a11 objections which occurred and the testimony taken on TUESDAY. MAY 24. 2016 during the second week of the jury tria1 he1d in the above-captioned matter May 16. 2016 through May 27, 2016, before the Honorab1e Cami11e auras, Judge Presiding. APPEARANCES: ALEX CALENDA, ESQ. Assistant District Attorney DIANA NETTERVILLE, ESQ. Assistant District Attorney SEQUITHA SIMMONS, ESQ. Assistant District Attorney JEROME MATTHEWS, ESQ., LUCAS MOREHOUSE, ESQ. AND KEVIN VOGELTANZ, Representing the Defendant. KENTRELL HICKERSON REPORTED BY: Me1inda M. Hebert, CCR, RPR . . 1mm off1c1a1 Court Reporter nmoaxa aaivsrm 9h=azz 6'2. ORIGINAL INDEX (TUESDAY. MAY 24, 2016) TESTIMONY EXAMINATION INDEX WW DETECTIVE KRISTEN KRZEMIENIECKI Direct Examination by Ms. 7 Cross by Mr. 17 ASHLEY BROOKS Direct Examination by Mr. 20 Crogs Examnnation by Mr. S7 Redirect Examination by Hr. 80 Rectoss Examination mr. 85 Redirect Examination Mr. 86 Direct Examination by Mr. .. 91 Cross Examination by Mr. 11$ DETECTIVE DANIEL HUNTER Direct Examination by Mr. 132 Cross Examination by Mr. 141 DEFECTIVE WINSTON HARBIN Direct Examination by mr. 142 Crogs Exam?nation.by Mr. 167 Redirect Examination by Mr. 174 Recross Examination by Mr. 179 ASHLEY aaooxs Direct Examination by Mr. 185 Crogs Examnnation_by Mr. 5 Redirect Exam?nation by Mr. 200 Recross Examination Mr. 200 Redirect Examination Mr. 200 Recross Examination by Mr. 201 WSW mam Direct Examination by mr. 201 Crogs Examination.by Mr. 284 Redirect Examination by Mr. .. 315 Rectoss Exam?nation Mr. 324 Redirect Exammation Mr. 325 bruh. Q. A11 right. what's the -- how do you define the gang territory? what's the boundary of the gang territory? A. what you mean, the boundary? Q. Was there gang territory? what? Q. Was there gang territory? 2" A. Gang territory? Q. Yeah. A. what you mean by that? Q. A11 right, what do you think I mean by that? A. I don't know. 0. A11 right. Was there certain property that was identified as the gang owned this property? A. Didn't nobody own no -- I didn't own no property around there. Q. okay. we11, how wou1d I know if I was in Third and Ga1vez territory versus not in Third and Ga'lvez territory? A. when you get on Martin Luther King and c1ai borne. 0. Okay. Now, who decided that that was going to be the boundary of the gang? A. Nobody. Q. Yeah. And you'd agree with me that in rea1ity, Third and Ga1vez means it's a group of peop1e that grew up in the same neighborhood, right? You'd agree with that? A. Yeah, they?re from the same -- the same neighborhood. 0. That's right. If peop1e were not fnom your neighborhood, you didn't want them coming around, did youyou went to someone e1se's neighborhood, you weren't we1 come there either, correct? A. I'm not gonna go a p1ace that I'm not we1come. Common 311 sense. Q. There you 90, common sense. So cou1d anyone that was not born around your neighborhood ever get to be in this a?l?leged gang? . A. They got many peop1e around there right now that's not from around there that's around there. Q. I know but are they in the gang? A. They're around there, bruh. Q. You have to answer my question. A. They're hanging around there. Q. You have to answer my question. Are they in the gang? A. I don't know, I'm in jai1. I've been in jai'l going on five years, man. Q. So what is it? Is it a gang or is it just a group of peop'le that hang around with each other and are from the same neighborhood? which one is it? A. I come -- I come to jail and got indicted when I was in jai'l on gang charges. Q. Okay. A. That answered your question? Q. No. so 'Iet me try to ask it again. what do you think it is? Do you think it's a rea?l gang or do you think it's just a group of peop'le that hang around with each other and are from the same neighborhood? A. we?, peop'le caTl it a gang. Everybody grew up -- most?ly, everybody grew up with each other around there. Q. If I ca'l'led you a 'liar, it doesn't make it true, according to you, right? A. what? Q. I ca?l'led you a 1iar but you say that's wrong so I don't care about peop?le ca?l?ling it a gang. I want to know what the truth is. So my question to you. Mr. Knockum, is is this a 312 bona fide gang, as the district attorney calls it, or in reality. is this just a group of people that grew up around each other and hang around with each other? which one is it? A. I come to jail and got indicted on gang charges. MR. VOGELTANZ: Your Honor, would you direct him to answer? THE COURT: Can you answer the question "yes" or THE WITNESS: Yes. BY MR. VOGELTANZ: Q. It's not a "yes" or "no? question. which one is it? Is it a bona fide gang or is it a group of people that grew up around each other and hang around with each other? A. It's a group of people that grew up around each other. Q. That's right. That's right. okay. Howmany people in the Third and Galvez indictment -- if you know and maybe you don't know -- if you know. how many people in the Third and Galvez indictment have already pled guilty in this case? A. I don't know. Q. would it surprise you to learn that Kentrell Hickerson is the only one left that did not plead guilty? A. I don't know if he's the only one left that did not plead guilty. I don't know. Q. Even if this jury were to believe that you were nearby for the murder of Durrell Pooler, even if they were to even believe that. you never actually saw Kentrell Hi ckerson allegedly kill him. correct? A. Huh? Q. Even if the jury were to believe that you were there nearby when Mr. Pooler was killed. you didn't actually see Kentrell Hi ckerson kill anybody, did you? 313 A. But I was there on the ?lookout. Q. Answer the question "yes" or A. No. I didn't see him. Q. Even if the jury were to be'lieve that you were nearby when Omar Breaux was murdered, you didn't actua'l'ly see Kentre'l'l Hi ckerson ki'l1 anybody; isn't that true? A. NO. Q. Do you know when you' re gonna get sentenced by the federa1 judge in your ?39ers" indictment? A. Huh? Q. Do you know when the federa?l judge is going to sentence you in the "39ers" indictment? A. no. Q. You have no idea? A. Nah. Q. But you know that the judge has a 1ot of discretion in how much time he gives you, correct? A. what? Q. The judge is going to the judge hasn't sentenced you yet so you don't know how much time you're gonna get in federal prison, true? A. No. I don't know how much time I'm gonna get. Q. So it's very important for you to give the federa?l government and the state government exact'ly what they want today so you can make the best impression on that federa'l judge; isn't that correct? A. Give them the truth. Q. Right. MR. VOGELTANZ: No further questions. THE COURT: Redirect. 314