Louisiana Voice

Two separate directives, one from State Police Internal Affairs and the other from the Louisiana State Troopers Association (LSTA), have been sent to state troopers from State Police Troop D in Lake Charles relative to a multi-pronged investigation of reports of a series of irregularities in the troop.

A two-page memorandum from the Louisiana State Troopers Association (LSTA) was sent to Troop D state troopers in Lake Charles informing them that “eight or so” Troop D members have received letters indicating they are the targets of an Internal Affairs administrative investigation.

While the investigation was classified as administrative, it was made clear that the probe could become a criminal investigation.

The main thrust of the investigation appears to be related to time reported in driving to and from Baton Rouge to participate in firearms transition training. In that matter, some troopers reportedly charged more time than others for the same trip to qualify for firing of new weapons earlier this year. LouisianaVoice requested time sheets for those officers but state police attorneys denied our request because the matter was part of an official investigation—an investigation that was not initiated until we made our public records request.

Earlier, a single page communication from State Police Internal Affairs (IA) warning Troop D members to cooperate with the investigation either as witnesses or as targets.

LouisianaVoice was provided a copy of both letters, but is complying with requests that neither be reproduced here for fear that State Police investigators have some method of tracing the source of the leak because of special coloring or encoding on each copy sent out.

LouisianaVoice has learned that troopers in Troop D have been warned not to talk to anyone about the investigation, including LouisianaVoice. “They have put out a directive to intimidate the guys at Troop D so they won’t talk to you,” one source informed us on Saturday.

While neither memo mention LouisianaVoice by name, troopers were warned in the IA memorandum that all aspects of the probe are considered confidential and are to be discussed with no one.

The IA letter said, “As a Louisiana State Trooper, you are hereby advised of your rights related to an administrative investigation…

This administrative investigation is of potential violations of LSP and/or DPS policies and procedures including, but not limited to, irregularities regarding accrual of time, overtime, LACE details, escorts and other details, involving employees currently or formerly assigned to Troop D.

LACE, or Local Area Compensated Enforcement, is a program which is run by some district attorneys in the state to pay for traffic enforcement, including DWIs. District attorneys are willing to pay overtime to have state troopers monitor local traffic when there is insufficient local law enforcement. It became part of state law enforcement in the 1980s after state police suffered from a lack of state funding in an effort to put more troops on the roads when the state could not.

LACE was run sporadically in southwest Louisiana since its inception but has been a full time program only since 2008.

“…Your responsibility in this investigation is to cooperate fully with the investigation and to keep the substance of the investigation and the fact thereof confidential as outlined below.

• Internal Affairs investigators or designated Administrative Investigators shall receive the full cooperation of any employee of the Department of Public Safety and Corrections, Public Safety Services, during the course of an administrative investigation. Employees shall obey any lawful order or directive given by the investigator during the investigation.
• Ongoing administrative investigations are considered confidential and as such, officers shall not violate that confidentiality. Those in violation are subject to disciplinary action.
• You are hereby ordered to refrain from destroying anything which might constitute evidence relevant to this investigation, including, but not limited to, department documents, electronic documents, electronic data, email communications, text message communications, communications on your MDT (mobile data terminals), radio logs, timesheets, and mobile video recordings.

The second, two-page communique from LSTA also said that “virtually other members of Troop D received letters notifying them that they are potential witnesses to one or more ongoing investigations.”

The LSTA memorandum was written in the first person and while the author is not identified, it appears to have originated from LSTA administrative offices.

Besides the time charged for firearms qualifying in Baton Rouge last spring, it specified six areas as possible subjects of investigation, including five previously cited by LouisianaVoice in its recent series of stories about Troop D. Those include:

• Overtime/decline overtime;
• Gift cards/ticket quotas;
• Escort payments;
• Payroll abuse;
• Time off for DWI arrest;
• LACE.

Of the six, only the LACE program was not reported on previously by LouisianaVoice, although allegations of irregularities in the program have recently come to our attention.

LouisianaVoice made public records requests for documents pertaining to overtime charged by certain troopers, excessive escort payments that were allegedly charged by a Troop D trooper, for radio logs and time sheets of yet another trooper, all of which were denied by LSP attorneys because the records were part of “ongoing investigations.”

And while no requests were made for public records involving gift cards, ticket quotas, or time off given troopers for DWI arrests, LouisianaVoice did publish a story about the practices in an earlier post. https://louisianavoice.com/2015/09/11/gift-cards-for-tickets-payroll-chicanery-quotas-short-shifts-the-norm-in-troop-d-troopers-express-dismay-at-problems/

Among other things, the LSTA memorandum said:

• Troopers have a right to counsel and a right to consult with their LSTA representative provided the representative is not involved in the same investigation;
• Eight or so Troop D members have received Target Letters indicating they are the subject of an investigation;
• Virtually all members of Troop D have received letters notifying them that they are potential witnesses to one or more ongoing investigations;
• Other troopers could become targets as the various investigations progress;
• The stated purposed of the investigation relates to the “accrual and/or reporting” of time concerning the 2015 firearm transition training;
• Other potential areas of investigation are ongoing, although few specifics were provided to LSTA;
• All members of Troop D are required to cooperate fully in all investigations;
• Some aspects of the ongoing investigations could have criminal ramifications but so far, the investigation is only an “administrative investigation.”
• The confidentiality warning troopers received separately does not include troopers’ conferring with legal counsel;
• Those cited as the subject of an IA interrogation and those who may be witnesses in an IA interview were cautioned to tell the truth;
• Anyone interviewed is entitled to a copy of the interview upon request;
• Likewise, those who are targets of the investigation are entitled to a copy of any written complaint leading to an interrogation upon request;
• Anyone interviewed or interrogated is obligated to answer question but not obligated to engage in lengthy discussions, i.e. “tell us what you know. IA can ask a question. You should answer the question as directly and concisely as possible (and) then wait for the next question. Do not engage in a friendly conversation.”
• Interview subjects were instructed to answer “I don’t know” to questions they do not know the answer to. “Do not speculate. Do not estimate. Do not just talk—answer the question directly and shut up while waiting for the next question.”
• Interview subjects were told the most important thing they can do “is listen to the question carefully, answer the question as directly and concisely as possible and wait for the next question.”
• Finally, they were told, “Remember, you have a right to counsel and a representative if you feel it necessary.”

The LSTA memorandum’s author said, “If I have learned anything over the last 7-8 years under the Edmonson administration, it is that the Colonel reacts badly if he believes a trooper lies or tries to obstruct an investigation.”

LouisianaVoice currently has additional public records requests pending that involve state troopers in other parts of the state.