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Archive for May, 2016

How did convicted rapist gain access to isolation cell in the Union Parish Detention Center to rape teenage girl—twice?

Posted in Corruption, Crime, Prison, State Police on May 10, 2016| 12 Comments »

Sometimes you just have to wonder what thought process is employed in the making of incredibly bad decisions.

Take, for example, recent events at the Union Parish Detention Center in Farmerville.

What transpired there in mid-April is incompetence at best and criminal at worst.

The Ruston Daily Leader reported on Tuesday, May 3, that a convicted rapist was admitted into an isolation cell where a 17-year-old girl thought to be high on meth was being held and that he raped the girl twice.

Demarcus Shavez Peyton, 28, of Homer, is being held in the detention center until his scheduled sentencing in Claiborne Parish after his conviction of aggravated rape in that parish.

Union Parish deputies confirmed that the Claiborne Parish Sheriff’s Office had told them that Peyton is known as a serial rapist and that he had been convicted of aggravated rape.

Yet, on April 19, he was allowed inside an isolation cell with the teen after she was booked into the detention center, reportedly high on meth.

An arrest affidavit reported that Peyton admitted to authorities that a detention center staff member opened the isolation cell door for him to enter and again when he was ready to leave. He further admitted to twice having sex with the victim while inside the cell.

A detention center nurse confirmed that the girl was under the influence of meth both at the time of her arrest and when she was raped. And while the victim said she could not remember much of the incident because of the meth influence, she did say that at one time during the encounter, a female guard walked up to the cell and opened the door but did nothing. She said she did not cry out for fear of her life.

As if all that were not egregious enough, Union Parish detectives said that Peyton wrote a letter to the victim following the rape telling her that she could possibly be carrying his child.

The name of the detention center staffer who allowed Peyton into the isolation cell with the girl was not immediately provided.

The Union Parish Detention Center is a public-run facility overseen by an operation committee composed of District Attorney John Belton, Union Parish Sheriff Dusty Gates, the Union Parish Police Jury and the Farmerville Police Chief.

No employee of the sheriff’s office or the district attorney is involved in the day-to-day operations of the jail, the Daily Leader quoted officials as saying.

While this is old news in the strictest terms of current events, this entire episode warrants a thorough investigation—and not just by the local DA and the sheriff’s office. This is an inexcusable tragedy that should be investigated by the Louisiana State Police and the Louisiana Attorney General’s office.

Normally, the attorney general does not intervene in local matters but because the 2nd Judicial District Attorney’s office is one of those charged with oversight of the detention center, Belton’s office should recuse itself from the investigation immediately—as should the sheriff’s office—and an outside investigation initiated.

This is far too serious a screw-up to be left to local officials. It would amount to their investigating themselves.

One issue not addressed by local media is the existence or non-existence of video surveillance cameras. There should certainly be surveillance cameras in place that might reveal who the detention staff member was who opened the door to the isolation cell to allow Peyton access to the helpless teenager. Surveillance video might even show if that person stood by the door until Peyton was ready to exit. Video, if it exists, should also reveal the identity of the female staffer who opened the cell door during the assault but did nothing. Was it the same person who allowed Peyton into the cell?

Too many questions to be left to the locals. It was a local screw-up of monumental proportions that screams out for an independent investigation.

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Another major screw-up in 4th Judicial District Court (and again Judge Larry Jefferson is right in the middle of it all)

Posted in Uncategorized on May 9, 2016| 3 Comments »

 

(The following is another installment on the myriad of problems involving the judges of the 4th Judicial District Court which includes the parishes of Ouachita and Morehouse. Former KNOE-TV investigative reporter Ken Booth, now living in Arizona, returns to his familiar North Louisiana stomping grounds for the story.)

By guest columnist Ken Booth

A 35-year-old West Monroe man is being sought by Ouachita Parish authorities who have charged him on nine counts of sex-related crimes involving a 15-year-old juvenile here.

And Sheriff’s detectives say they have developed additional information linking the suspect and now fugitive David Lee Toler to even more sexual activity with the same child on two occasions in a Shreveport Hotel and one more at a hotel in Coushatta, Red River Parish.

The OPSO detectives acted on a complaint filed by a member of the girl’s family who had confronted her about texts on her phone to Toler. At the time, she confessed that she and the suspect had exchanged sexually explicit photos and text communications.

According to authorities the family member quoted the child as having said this led to sexual relations with the suspect on at least a dozen occasions beginning in December of last year and lasting until the first or second week of last month.

The affidavit in support of the arrest warrant issued on April 30 for Toler said the juvenile later told detectives the same things she had originally alleged but added that sexual contact with Toler had occurred “more than a dozen times over the last couple of months.”

Specifically, the warrant listed four felony crimes: 1 count each of Aggravated crime against nature; indecent behavior with a juvenile; Pornography involving a juvenile; and Computer-aided solicitation of a minor. That warrant was signed by Duty Judge Larry D. Jefferson who set bonds totaling $60,000 on April 30.

Toler’s name and bond information was then placed into NCIC’s data base and following a multi-jurisdictional effort, Toler was detained in Brookhaven, Mississippi after being pulled over by a Mississippi Highway Patrolman.

Toler voluntarily waived extradition and was returned to Ouachita Parish by Sheriff’s Office detectives and booked into the Parish correctional center.

On the same day Toler was extradited back to Louisiana, May 2, the juvenile victim was interviewed by officials at the Center for Children and Families whereupon she provided details of additional crimes of intercourse between her and David Lee Toler, twice at the family’s previous residence, once in his car outside a West Monroe fitness center, once at her grandparent’s home, and once in a deer stand in a “secluded wooded area within West Lakes Subdivision.”

It was during that secondary interview at the Center that authorities learned of the three additional alleged acts at hotels in Caddo and Red River Parishes.

Another arrest warrant was issued, this time by District Judge Carl Sharp who had been officially assigned the Toler case for trial.  On the five new additional charges in Ouachita Parish, Judge Sharp ordered no bond pending an appearance by the District Attorney.

 

Armed now with information on the five new charges, Sharp did not touch Jefferson’s $60,000 bond on the first set of 4 charges—but instead set a new total bond of $2.5-Million on the five new charges.

At some point unknown, Judge Jefferson called to the Correctional Center to see if there were any unsigned 72-hour bond matters that needed to be signed, and although clearly indicating no bond but nevertheless outlining the five additional charges, Jefferson added another $25,000 to bring Toler’s bond up to $85,000 which he posted and was released.

When deputies went out to the Correctional Center to re-book Toler on the newest charges, he had already posted the $85,000 bail set by Jefferson and had been released. He is now the subject of an outstanding arrest warrant for five counts of aggravated crime against Nature with that new bond of $500,000 on each count.

He has not been seen or heard from since. He is scheduled for a May 17 court appearance.

Meanwhile, court officials were questioning how a ‘duty’ or on-call judge can alter bond instructions from a Judge who was already properly assigned to the case at hand.

Add all of this to Jefferson’s inexplicable not guilty ruling in the case of a career criminal indisputably linked by his DNA to the kidnap/robbery of a 76-year-old live-alone Grandmother the other day and before that, a slap on the hand very lenient sentence to a former state police Sgt. who was convicted of stealing dope from an evidence room and enabling an accomplice to sell it on the street for over $1-million.

On top of that, one of the 4th JDC Judges has sued four of her fellow jurists in federal court for allegedly covering up payroll fraud by their law clerk.

That law clerk, Allyson Campbell, apparently has all the right connections to warrant protection from the four jurists named as defendants in the suit filed by Judge Sharon Marchman.

Campbell’s father is George Campbell, an executive with Regions Bank. George Campbell is married to the daughter of attorney Billy Boles who was instrumental in the growth of Century Telephone and who is a major contributor to various political campaigns.

Allyson Campbell is also the sister of Catherine Creed of the Monroe personal injury law firm of Creed and Creed.

As if the courts and judges of the 4th JDC didn’t present enough problems, it was learned this week that the Louisiana Legislative Auditor is reviewing an undisclosed issue with the Ouachita Parish Clerk of Court’s office.

A couple of items state auditor Daryl Purpera’s office could be taking a close look at stem from the latest audit that shows Clerk of Court Louis Bond paid herself more than $238,000 in salary and perks (that’s over $100,000 more than the governor’s salary) in 2014—even as her office incurred a deficit of more than $242,000, the third consecutive year her office has ended the fiscal year in the red. The deficit for the year ended June 30, 2014 was more than $423,000, according to the latest audit figures.

(LouisianaVoice Editor Tom Aswell also contributed to this story)

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Monroe City Court clerk’s office unable to locate appellate court’s 18-year-old reversal of Monroe veteran’s sentence

Posted in Corruption, Courts, Ethics, Judges, Transparency on May 8, 2016| Leave a Comment »

The American justice system is designed to protect the rights of every citizen with no consideration given to gender, race, or social standing. Even those accused of the most heinous crimes are entitled to legal counsel and a fair trial.

Or so we were told in high school civics class.

But it’s no secret that justice is not dispensed evenly in our court system. Some can afford the very best in legal representation (some even contribute to the election campaigns of judges). Others must rely on understaffed, underpaid public defenders for their legal counsel.

Despite what we learned in school, it’s not a level playing field.

Monroe resident Lester Paster is learning that the hard way.

Before we go any further, it should be pointed out that Paster is not a criminal and his skirmishes with the law are misdemeanors and have been relegated to Monroe City Court.

City court isn’t exactly the Supreme Court, but the court level isn’t supposed to matter. (Sheldon Cooper, everyone’s favorite nerd on The Big Bang Theory, in one of the funnier episodes of that show, referred to a traffic court judge as presiding over “the kiddie table” of his profession, a remark that landed him in a holding cell for a while.)

Paster, who picketed Monroe City Court nearly 19 years ago, on July 9, 1997, was cited for LA. R.S. 14:401, which prohibits “Demonstrations in or near building housing a court of occupied as residence by judge, juror, witness or court officer.”

For violating that obscure law, he was sentenced to a fine of $50. In default of payment, he was sentenced to 30 days in jail with all but five days suspended.

He appealed and the Second Circuit Court of Appeal noted that the offense carries a fine of up to $5,000 or imprisonment of up to one year, or both.

A defendant charged with a misdemeanor in which the punishment may be a fined in excess of $1,000 or imprisonment for more than six months “shall be tried by a jury of six jurors, all of whom must concur to render a verdict,” the First Circuit decision said.

The appeal court further said the defendant “Must have been advised of and waived his right to a jury trial before proceeding to trial” and that the accused in a criminal proceeding “has the right to assistance of counsel for his defense.”

Because the record failed to reflect that Paster was advised of his right to legal counsel or of his right to a trial by jury or that he ever waived those rights, the Second Circuit set aside Paster’s conviction and sentence and remanded it back to Monroe City Court “for further proceedings consistent with this opinion.”

That opinion was handed down on Dec. 22, 1997. http://veterans4justice.org/Appeal_Judgement.html

So what has happened to Paster’s case in the ensuing 18 years, four months?

Well, no one seems to know.

Paster has checked with the Monroe City Court clerk but the clerk’s office doesn’t seem to have any record of his case. No record of his trial and no record of the Second Circuit’s decision.

“My entire record has disappeared,” Paster told LouisianaVoice.

It’s not the kind of sloppy record keeping that one would think the Second Circuit would take lightly.

What’s the statute of limitations on a misdemeanor?

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Dentist prosecuted by State Board of Dentistry questions state’s legal defense of investigator contracted by board

Posted in Attorney General, Boards, Commissions, Contract, Contracts, Corruption, Ethics, Governor's Office, Lawsuits on May 6, 2016| 14 Comments »

A Shreveport dentist found guilty by the same individuals on the Louisiana State Board of Dentistry who investigated and prosecuted him (accuser, prosecutor and judge—all in a neat little package) has written a letter to Attorney General Jeff Landry questioning the propriety of the state’s defending a private investigator formerly under contract to the board but who may not have carried errors and omission insurance normally required of companies and individuals contracted with the state.

Here is the text of the letter to Landry by C. Ryan Haygood, DDS:

             I wanted to bring your attention to the illegal conduct of the Louisiana State Board of Dentistry and its agents that are currently being defended in multiple Louisiana State and federal courts by your office.

            Multiple dentists asked Buddy Caldwell’s office to investigate the egregious conduct of the LSBD and its agents over the years, but were ignored. However, Caldwell did choose to have his office defend their members and agents when they were sued for malicious conduct. Your office is currently representing Camp Morrison, Dana Glorioso, Karen Moorhead, and Barry Ogden. The board of dentistry had the legislature change the law after the suit was filed to cover the defense of Morrison, Glorioso, and Moorhead.

            Morrison was a state contracted investigator for the board of dentistry who was required (but failed) to have his own insurance coverage; and the other two, Moorhead and Glorioso, were his independent contractors. None of them were ever state employees. All are now claiming coverage through the FARA insurance program designated for state employees. All claim attorney-client privilege with your office, which is providing them with a legal defense through Barbara Melton with The Faircloth Group.

            Morrison is currently under investigation by the State Inspector General’s office and is expected to be criminally charged for fraud, perjury, and billing fraud to the state. Many dentists complained for years about his criminal acts, extortion, and harassment techniques. The other two worked for him as undercover investigators without a license, which is a criminal act under Louisiana law. Karen Moorhead also perjured herself under oath.

            It is my understanding that the Attorney General’s office cannot, by statute, defend someone who has broken the law. As you might imagine, Buddy Caldwell’s office did no due diligence into the matter before it was quickly passed off to his friends at The Faircloth Group. According to one former board member, Faircloth has billed more than $500,000 for their defense.

            Additionally, your office recently undertook the defense of Sam Trinca, Dean Manning, and James Moreau who are members of the board of dentistry, as well as the board of dentistry itself which were all recently named as defendants. It is probable that at least two of these defendants have perjured themselves in relation to this matter. Furthermore, the board of dentistry recently bragged in their August 2015 board meeting that because they were officially named as defendants in this case, they would be saving money since the state would be undertaking their costs of defense. Once again, I don’t believe your office was ever charged with defending criminal conduct in such matters. I ask your office to please examine this role as their attorney.

            There was a definite problem with risk management system under Caldwell who worked overtime to keep this case alive. Instead of working to fix the problem so that the state isn’t paying multiple claims for numerous dentists in the future, Caldwell acted as an enabler for improper and unlawful conduct. I ask you to please investigate this matter personally and make a determination to not continue defending this crew. I think if you look at the record, you’ll be as appalled as I am.

Edwards asked to replace LSBD members

At the same time, LouisianaVoice has learned that Gov. John Bel Edwards recently surprised some observers by replacing several longtime members of the Auctioneer Licensing Board after learning of that board’s questionable acts and egregious behavior.

84-year-old Widow Files Pro Se Lawsuit Against Auctioneer Licensing Board over sale of her residence, rental property

Some dentists, our source said, are now calling on Edwards to do the same for the Louisiana State Board of Dentistry (LSBD), which some, especially dentists, consider one of the most corrupt boards in Louisiana.

Multiple state agencies are currently examining the smoke coming from the Canal Street offices of LSBD. The board is currently being investigated by the Office of the Inspector General, the Attorney General, and the Legislative Auditor pursuant to complaints of corrupt acts and behavior.

In case Governor Edwards needs suggestions on whom to replace first, our source had a couple of suggestions:

  • Dean Manning is currently being sued along with other former board members, staff, and agents for his role in a board hearing in which a Louisiana dentist alleges the board participated in criminal conspiracy and unfair trade practices against him by revoking his license to practice in Louisiana. The Louisiana 4th Circuit Court of Appeals overturned the board’s decision on grounds that the board general counsel Brian Begue, serving as the “independent counsel,” violated the dentist’s right to due process. The court notes among other things that Begue acted over-zealously to deny the right to a fair hearing by harassing the dentist, openly questioning his integrity on the stand, acting as a de facto prosecutor, as well as judge and jury. Manning did nothing to stop Begue from doing this. In fact, the dentist alleges that Manning actually encouraged the process. In reference to the hearing, a Louisiana 2nd Circuit decision suggests the potential of a corrupted investigation and a strong inference that other members of the board engaged in conduct attributed to the dentist’s local competitor to remove the dentist from the local marketplace. The court goes on to say that if these allegations regarding Dies’ behavior are ultimately proved, “they would strongly suggest that Dr. Dies’ conduct was motivated less by altruistic concern for the public than animus to suppress a competitor. They would also prove that other board members agreed with Dr. Dies to engage in conduct to accomplish these objectives.”
  • Ike House was placed on the board of dentistry after he testified as a witness in the same hearing listed above. House testified that one of his long-time patients did not have periodontal disease. The dentist charged by the board for “fraudulent diagnosis of periodontal disease” claims the patient did indeed have a severe level of periodontal disease that was causing loss of bone and periodontal attachment around her teeth. The patient saw the dentist after leaving House’s office for care with the new doctor. She was surprised to hear that she had a severe level of disease and that Dr. House had let her mouth deteriorate under his care. Dr. House was faced with the precarious position of admitting that he was guilty of negligence or testifying against the dentist.

LSBD members need to be well-informed, fair, and just. Most of all, they need to put the law and protecting the public over their own self-interests or that of their friends. It’s time to make some changes at the LSBD.

You have our suggestions on where to start.

Louisiana must do better.

Oh…and let’s replace the director and staff while we’re at it. There should be many great candidates in Baton Rouge from which to choose when the board moves its headquarters to the Capital City.

 

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LSP fires state trooper following LouisianaVoice inquiry but investigation appears to have overlooked his 3 supervisors

Posted in Corruption, Ethics, Fraud, Public Records, State Police, Transparency on May 5, 2016| 9 Comments »

LouisianaVoice submitted numerous public records request for documents to confirm allegations of payroll fraud by Trooper Ronald Picou of Beauregard Parish. We were refused those documents because they were deemed part of an ongoing investigation. Since the investigation ended, however, we resubmitted our request and subsequently received documents relating to the investigation. Picou was terminated from the Louisiana State Police effective March 31, 2016 for the following reasons:

  1. Code of conduct and ethics – Neglect of duty
  2. MDT, MVR, Internet/ Intranet
  3. MDT, MVR, Internet/ Intranet
  4. Code of conduct and ethics – False Statements
  5. Secondary Employment/Personal Investments
  6. Secondary Employment/Personal Investments
  7. Secondary Employment/Personal Investments
  8. Secondary Employment/Personal Investments

When Supervision allows it, why not?

The LSP investigation confirmed what was reported to LouisianaVoice. The investigation file showed Picou was investigated in 2013 for conducting secondary employment while on duty in response to an anonymous complaint. The anonymous complaint was not limited to secondary employment but Picou’s friend Captain Chris Guillory was in charge of the investigation. Picou was cleared of all wrongdoing by Guillory. Picou was also supervised by Jim Jacobsen (Former candidate for Beauregard Sheriff). Jacobsen published an exoneration letter issued to Picou from 2013. Jacobsen suggested Picou did nothing wrong. The new investigation confirms Picou was in violation of “Neglect of Duty” in 2013 while under the supervision of Jacobsen.

The file further shows Picou was emboldened by the exoneration because it continued until the beginning of the more recent investigation in 2015. After Jacobsen retired, Picou was supervised by Lieutenant Paul Brady. The reports show Picou continued his actions until he was removed from the supervision of Brady. Picou’s actions were not possible without the approval of Jacobsen, Guillory, and Brady. LouisianaVoice is not aware if any of the supervisors were held accountable for their apparent lax supervision.

Breakdown of findings:

  • Code of conduct and ethics: Neglect of duty (Sleeping on duty);
  • MDT, MVR, Internet/Intranet: (Using inappropriate and profane language on the in car computer);
  • MDT, MVR, Internet/Intranet: (Failing to stay logged in to in car computer the entire shift);
  • Code of conduct and ethics: False Statements (Lying about delivering parts to a job site while on duty, in a state police vehicle, and outside the Troop D area and lying about being in compliance with secondary employment policy)
  • Secondary Employment/Personal Investments: (Failing to submit secondary employment authorization while working/ partial owner of Bois Clair Construction);
  • Secondary Employment/Personal Investments: (Delivering parts to a job site while in a state police vehicle, on duty, and outside the Troop D area);
  • Secondary Employment/Personal Investments: (Failure to submit a termination of secondary employment after selling interest in Bois Clair);
  • Secondary Employment/Personal Investments: (Failure to obtain approval for secondary employment for TRP Construction and for a grass cutting service).

MDT Violations

The MDT is an in-car computer. Picou violated LSP policy for the following messages:

  • “Yep, that (expletive) cursed me out. (Expletive) was going southbound”
  • “It’s hotter than two goats (expletive) in a pepper patch.”
  • “Must be some good (expletive).”
  • “Will go in low and fast, hit them hard, then pull out. Never mind, I’m getting that mixed up with what I did last night with (deleted).”

Sleeping on duty

Employees of Bois Clair reported Picou “spoke freely of taking safety naps while on duty as if they were allowed.” One witness reported he went to Picou’s residence in the middle of the day and he answered the door wearing a T-shirt and shorts holding a portable radio. Another witness also reported Picou said he took safety naps while on duty at his residence. The witness further reported he went to Picou’s house and he answered the door in a T-shirt with a radio clipped to his shorts. The witness said Picou stated when he gets a call, he gets dressed and leaves. A third witness who worked with Picou also reported Picou mentioned safety naps. Picou admitted to sleeping on duty occasionally but did not remember how often or for how long.

Picou’s own words taken from in car computer text messages sent to other LSP Troopers or supervisors supported the allegations. The messages are accessible by supervision at any time. The messages were before and after the 2013 investigation. This further supports Picou did not have to hide his activities because supervision was derelict and or accommodating. The messages are below:

  • “And on top of that, I was just about to take my safety nap.”
  • “How can a person even think about sleeping with all this noise on the radio?”
  • “Been at the house all day. Not too bad though. I need to get off the couch, my back was starting to hurt”
  • “Look’ I’m actually working at this time of the day!”

LouisianaVoice asked for six months of radio logs we have yet to receive. We reported Picou was working only a small portion of his shift. He was reported to be making several stops at the beginning of his shift and abandoning the public and fellow officers for the remainder of the shift. We received reports Picou was completely absent from some shifts. LSP IA investigations did not document a review of the radio logs but they did review Daily Activity Reports (DARS). The investigation indicated they started their review in 2013 although our reports indicate this was going on long before. The investigators found 50 days of DARS with no enforcement activities. That is 50 days of no work for which he was paid.

Investigators compared those days with the in car computer log-off times. The log-off times supported LouisianaVoice’s initial allegations. The investigators did not document inquiry into the much higher number of days with only a few hours of work.

Public payroll fraud

LRS 14:128138.  Public payroll fraud

Public payroll fraud is committed when:

(1)  Any person shall knowingly receive any payment or compensation, or knowingly permit his name to be carried on any employment list or payroll for any payment or compensation from the state, for services not actually rendered by himself, or for services grossly inadequate for the payment or compensation received or to be received according to such employment list or payroll; or

 (2)  Any public officer or public employee shall carry, cause to be carried, or permit to be carried, directly or indirectly, upon the employment list or payroll of his office, the name of any person as employee, or shall pay any employee, with knowledge that such employee is receiving payment or compensation for services not actually rendered by said employee or for services grossly inadequate for such payment or compensation.

That raises the question of whether this is public payroll fraud not only by Picou, but by Guillory, and Brady as well. Taxpayers paid this man to sleep, work at his personal company, and worse, fail to provide the protection to the citizens and his fellow law enforcement officers. His supervision allowed it. He was reported for it and they still allowed it. One aspect of this is officer safety. Picou was allowed to be silent for entire shifts. Can you imagine the tragedy if something were to happen and no one ever bother to check on an officer?

LSP investigators brushed the felony off with this statement:

Although, there were occasions where Picou had limited or no activity on his shift, investigators were unable to conclusively determine that Tpr. Picou was not performing his duties. Furthermore, there was no pattern suggesting that Tpr. Picou’s lack of activities were related to his secondary employment.

We would like to give credit where it is due. LSP IA did an excellent job with this investigation excluding the above statement and the failure to investigate supervision. The statement is completely inconsistent with the evidence found in the investigation. We believe the above statement was authored by Edmonson to protect his friend, Captain Guillory.

Picou is wrong and this termination is justified. Picou could have been saved from himself with adequate, correction, any supervision. The blame falls on one but should be shared among those responsible for his supervision (Jacobsen, Brady, and Guillory). The trick is if Edmonson finds Picou committed payroll fraud, he must do the same for Picou’s supervisors. Edmonson has shown he will protect his friends at all costs. His response to deal with Guillory was to remove him from Troop D and give him a larger command in LSP’s Transportation and Environmental Safety Section (TESS).

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