LSP has manufactured its own loophole for denying public records requests.
Col. Mike Edmonson apparently has come to the conclusion if he makes the decision not to formally punish, the public has no right to know why. In other words, if someone is victimized by a member of the department of public safety and Edmonson deems it is not worthy of punishment, the public has no right to review the decision.
On the contrary, it would seem to us that when someone is exonerated, this is all the more reason to produce the information. LSP further claims when those who resign in lieu of the completion of an investigation the investigative report is not subject to release.
We think Edmonson is tired of the public’s learning of far too many instances of misconduct at LSP followed by a mindset of circling the wagons. He has initiated a pattern of issuing no punishment in an apparent effort to hide misconduct. The reason for not administering punishment is in the investigation file. Many of the investigation files from LSP have shown to be seriously biased in favor of some while very severe for others.
Typically, LSP has denied public records requests for investigation files when the department finds no wrongdoing stating. The standard response to requests for the information generally reads: “The investigative report you requested is not subject to release as the individual right to privacy afforded by Article 1 Section 5 of the Louisiana Constitution of 1974 outweighs the public’s right to review.”
We maintain the investigation file is a public document and serves a legitimate public interest.
The reference to Article 1 Section 5 of the LA Constitution is a mirror of the 4th Amendment of the US Constitution to protect citizens from unreasonable search and seizure. The amendment specifically lists, “person, property, communications, houses, papers, and effects.” We have no access to those nor does LSP without a properly issued warrant as the amendment states. If it is illegal for us to access, it is also illegal for LSP to have obtained it.
We have accumulated a growing list of denials based on this fantasyland God-like authority bestowed upon himself by himself (Edmonson).
Captain Chris Guillory
LouisianaVoice has received a response to a complaint filed against Captain Chris Guillory for lying to LSP internal affairs investigators. A citizen said that Guillory refused to accept his complaint against a State Trooper in Troop D. The response to the complaint from LSP states in part, “A determination has been made that Captain Guillory did not make a false statement to IA” with his denial that he refused to accept the complaint. The complainant provided an audio tape directly contradicting two documented statements made by Guillory to LSP internal affairs. You can review it here https://www.youtube.com/watch?v=zd-JV3rKjko.
LSP will not release the investigation file because Edmonson did not punish his friend Guillory. The public is denied the right to know why Guillory was not found in violation. We have the tape and we have the LSP documentation listing Guillory’s statement two times denying unequivocally he refused to take the complaint.
LSP has found no wrongdoing by Guillory involving the recently terminated Trooper Ronald Picou even though he was responsible for the investigation of the exact same allegations in 2013, the “Brady Day” investigation, or the investigation involving the padding of time sheets by Brady. He has emerged without any formal discipline.
Guillory has since been removed from his command at Troop D. He has been given a larger command in Baton Rouge. Sources have informed us Guillory’s new position is in violation of state police commission rules on residency because he lives in Sulphur but works in Baton Rouge. Sources further report Troopers are authorized three hours one way for travel to Baton Rouge. That means Guillory works two hours out of every eight hour day.
LT Paul Brady
We requested the documentation involving the investigation into “Brady Days,” paid time off for arresting someone for DWI in violation of quota and payroll fraud laws—so named the Troop D supervisor who allowed, indeed, encouraged the practice. Sources indicate Brady days was an unwritten policy at Troop D under some supervisors and this was confirmed by IA investigators. We were informed there was no finding of wrongdoing on Brady’s part. But again, we were denied access to any investigation findings.
Brady was cleared even though he was the supervisor for Trooper Picou who was recently terminated. Picou was proven to be neglectful of duty. Brady was paid to be a supervisor and sources say if he would have simply done his job Picou might still have his.
But again, because there was no disciplinary action taken against Brady, the investigation record remains out of the public’s reach.
A recent complaint has been filed against Troop D personnel alleging a wrongful DWI arrest. Sources say the arresting Trooper was a beneficiary of paid time off for Brady days but was also punished for not accumulating a sufficient number of DWI arrests.
Trooper Jimmy Rogers
Rogers suddenly resigned amid the beginning of the massive investigations at Troop D. We were denied access to his records because LSP did not complete the investigation. This is another method of Edmonson escaping culpability for poor leadership—ask them to resign so no one finds out. Sources report Rogers resigned after it was discovered he was committing payroll fraud on parish-funded overtime details known as Local Agency Compensated Enforcement (LACE). Rogers was reportedly issuing citations on his regular shift but claiming them on different dates in order to accrue overtime.
Accepting excess money for violating state issued permit/bribery
We requested the investigation files involving a Trooper who accepted extra money for moving oversized loads in violation of the state issued permit and possibly bribery. It was discovered after another Trooper refused the extra payment. The response was to make the Trooper give the extra money back. We were notified no complaint was filed so they did not investigate it.
In a letter from LSP dated April 27, 2016, we were again notified no complaint was filed. All of our other requests resulted in the investigation of the allegations but they skipped this one. The excuse that they do not investigate misconduct until someone files a complaint is silly. A complaint has since been lodged with LSP so maybe they will finally investigate.
We are not done
The failure to release records at the discretion of one man with a proven track record of unethical behavior and poor decision making should not be allowed to stand. The public has a right to know about the circumstances surrounding a resignation in lieu of termination amid an investigation.
They further have a right to know why a public employee was found to have committed no wrongdoing—if for no other reason than to fully clear the employee’s name and his public standing. There is no reason to hide such information unless indeed, there is something to hide.
LouisianaVoice is exploring legal remedies for these denials.
Louisiana Voice 
And yet another excellent discussion of Edmonson’s, et al, illogical reasoning and timidity. Edmonson is either afraid of his direct reports or a “bad boy wannabe” that surrounds himself will sleazy people in order to rationalize that he is one of the “tough guys.” And we citizens pay the price of poor policing as a result.
So taxpayers are paying Chris Guillory almost $120,000.00 a year to drive three hours to Baton Rouge, work two hours (probably takes a 1 1/2 hour lunch break) and then drive three hours back to Sulphur? No wonder the state has such huge budget problems. I would take that job for half the money (and I have no criminal record ). Why are our representatives allowing this to happen (I did see Edmonson’s so called confirmation hearing) but then turn around and complain about the state’s budget? Is there anyone in Baton Rouge with any common sense or integrity left?
No.
We have to fix these records request laws. All of these agencies are picking and choosing which ones to obey at their discretion. The only option is to go to court and fight. The problem is they have staff attorneys and limitless funds.
Forget the courts! The cases have to be tried in 19th JDC, and EVERY judge I’ve observed there (and I spend a TON of hours in courtrooms), with the possible exceptions of Janice Clark and Tim Kelley, are STRONGLY disinclined to rule against a state agency when sued by an individual. That’s TERRIBLE odds in having to draw one of those two judges, and even then you’re not home free.
The Attorney General can initiate actions on open meetings violations (not sure about public records), and though Jeff Landry is swamped with inherited problems from the Caldwell regime (I continue to maintain Caldwell is the most corrupt person I’ve ever met in my life, and that is saying plenty) it would take the full-force power of Landry’s office to confront these rampant abuses of power and corruption!! I think it’s worth approaching him about.
Tom, I’ve apologized to you privately, but I’d like to do so publicly entailing this article. I just assumed that, given your strong support of JBE (and that of Bob Mann), that the Edmonson scrutiny and concern would subside because of the obvious humiliation of supporting someone who is clearly tolerant of this type of “leadership.”
Far from letting the scrutiny subside, you’ve intensified it!! I publicly apologize to you (and to Bob Mann) for my erroneous assumption.
I know when I critizize JBE it’s largely dismissed as partisanship and sour grapes on my part that Vitter lost, but nobody can question your credibility entailing your criticism of him in areas like LSP (and inflated salaries of cabinet positions for which you have also criticized him).
In the next couple of weeks, I’ll be putting out a post entailing JBE’s rescission of Rev. Freddie Lee Phillips’ appointment to the Auctioneer Licensing Board and just what all went on “behind the scenes” that culminated in his ouster. I’m continuing to gather material pertaining to the timeframe of 4/20 – 5/5 (the timeframe from when JBE appointed Phillips until when he rescinded it). All I ask is that anyone just look at the documented facts of what I am going to present. After all, I was objective enough to praise JBE for his Phillips appointment (never dreaming I would be made the biggest fool of in my life), so if anyone can get past my fiscal-conservative leanings and just examine the facts I’ll present, what you’ll find is that, just as Tom is reporting above, precious little changed in the way of leadership under JBE than was the case under Bobby Jindal, and that’s disheartening no matter who one supported for governor.
Great job, Tom, and keep up the good work and, again, I extent my sincerest apology to you.
The attitude, “I will do as I wish and if you don’t like it, sue me.” continues to be the prevailing sentiment with regard to civil laws, in general. It’s corollary, “Rather than wasting common sense in an attempt to follow the law, let’s figure every possible way around it.”, is superfluous if you are simply going to ignore the law, per se.
It’s beginning to look like there is little point in having civil laws, and recent posts here and news stories elsewhere about the wide disparity with which criminal laws are enforced and prosecuted make you wonder what will happen to many of them, as well.
All we need to do now is elect Donald Trump and we can take that final step in our return to the old West when everybody pretty much did as they pleased and if others didn’t like it, they shot them. And, since The Donald clearly doesn’t believe in freedom of the press (or speech, apparently, unless it is his), we might not even know about it – except first hand.