Feeds:
Posts
Comments

Archive for August, 2016

State Trooper files discrimination lawsuit against LSP claiming harassment, selective punishment, promotions

Posted in ATC, Civil Service, Corruption, Ethics, Lawsuits, State Police on August 31, 2016| 6 Comments »

Does systematic racial discrimination as an unspoken policy exist on a widespread basis within the Louisiana Department of Public Safety (DPS)?

If claims contained in a LAWSUIT filed against Louisiana State Police (LSP) in Baton Rouge State District Court are borne out, allegations that include a claim that job openings were not properly posted so as to allow the promotion of pre-selected applicants, the answer would be an unqualified yes.

And what’s more, the silent policy of excluding blacks from promotional opportunities originates in the highest administrative offices of LSP, i.e. those of State Police Superintendent Col. Mike Edmonson, according to the petition filed by 21-year law enforcement veteran Kevin Sulcer.

 Sulcer, a Senior Trooper/Detective, who has been with LSP for the past 12 years, is “the only black Detective at headquarters in the Baton Rouge area,” his petition says. Moreover, he says, there is only one black LSP Detective in New Orleans and the LSP Narcotics and Intelligence Divisions have no black Troopers or Investigators.

“Every black Detective has either left the department or (has) been transferred,” his petition says.

Sulcer is represented by Baton Rouge attorneys Jill Craft and Crystal Bounds.

The claims laid out in Sulcer’s lawsuit, if true, would appear to be yet another in an ever-growing number of allegations of favoritism, mismanagement and poor morale among rank and file State Troopers. 

Sulcer claims he and other black Troopers have been subjected to harsher penalties for minor offenses than have their white counterparts.

As an example, he singled out Lt. Col. Charles Dupuy (Deputy Superintendent/Chief of Staff) who he said forced him to write a 3,000-word essay (reminiscent of Office of Alcohol and Tobacco Control former director Troy Hebert who is currently polling 0% in his bid to succeed U.S. Sen. David Vitter) when he was attending LSP training academy but never required white Cadets to do so.

Besides Dupuy, Sulcer also specifically names Col. Mike Edmonson, his brother and Command Inspector Maj. Paul Edmonson, Dupuy’s wife, Commander Kelly Dupuy (can you say nepotism?), Head of Internal Affairs Maj. Catherine Flinchum, Internal Affairs Commander David McClendon, Internal Affairs Executive Officer Lt. Aaron Marcelle, Master Trooper Kevin Ducote, and Lt. Chris Holmes as being part of a pattern of discriminatory policy within LSP.

Sulcer said in his lawsuit that Holmes berated him because of his race for leaving his vehicle running while he interviewed an inmate. As he left the interview, Sulcer said he noticed another Trooper’s unoccupied vehicle idling. “Col. Edmonson was parked in front of this officer’s unit and did nothing to reprimand him,” the petition says.

The incident prompted an Internal Affairs investigation of what Sulcer says was a “minor infraction” that should have been handled by Sulcer’s supervisor. (This the same Internal Affairs Division that refused to investigate a Trooper’s harassment of a citizen in Lake Charles and which refused to conduct a thorough investigation of a Trooper habitually leaving his shift after only a couple of hours to go home to sleep—until LouisianaVoice drew so much attention to the two cases that IT finally was forced to conduct a superficial investigation.)

Sulcer received a letter of reprimand for leaving his vehicle running and for the encounter with Holmes on Oct. 30, 2015. He filed an official appeal of the letter to Mike Edmonson on Nov. 6, 2015. Edmonson has yet to respond to that appeal, the petition says.

But the most egregious act of discrimination, the petition says, concerns an opening for a polygraph position.

“LSP handpicked a white employee, Donnie Guitreau, to fill the polygraph position,” Sulcer said. But manner in which it was done, if Sulcer is correct, would appear to be a blatant violation of State Civil Service procedures.

“Mr. Guitreau was not qualified for the position (so) LSP sent him to polygraph school before the position opening was posted or formally announced,” the petition says. “After Mr. Guitreau completed the school, LSP then posted the position, leaving him the only ‘qualified’ applicant.”

Sulcer says he has more law enforcement experience than Guitreau. Moreover, he says, Guitreau “has a disciplinary history whereas (Sulcer) does not.”

He also claims that LSP failed to have in force an effective policy regarding racial discrimination/harassment and reprisal/retaliation in the workplace and that LSP has refused to address his complaints.

If LSP’s past history is any indication, reprisals against Sulcer have only just begun (with apologies to Karen and Richard Carpenter).

 

Read Full Post »

AG Jeff Landry joins Jindal, legislators in protecting big oil from cleanup responsibilities: follow the money for motives

Posted in Attorney General, Campaign Contributions, Ethics, Governor's Office, House, Senate, Judges, Lawsuits, Legislature, Legislators, Lobbyist, Louisiana Purchase, PACs, Politicians, Public Records, Senate on August 28, 2016| 10 Comments »

Cameron, Vermilion, Plaquemines and Jefferson are attempting to accomplish what Southeast Louisiana Flood Protection Authority-East could not: hold oil and gas companies responsible for the destruction of Louisiana’s coastline.

On July 28, Louisiana Attorney General Jeff Landry expressed his “disappointment” that Vermilion Parish had the audacity to file a lawsuit over damages to the parish coastline Vermilion District Attorney Keith Stutes said was caused by drilling activities of several dozen oil and gas companies.

Gov. John Bel Edwards and Landry, in a rare display of political accord, intervened in the lawsuit with Edwards asking the oil and gas industry to settle the litigation and to assist the state in footing the cost of restoring the cost, which is expected to reach tens of millions of dollars over the next half-century. http://www.washingtontimes.com/news/2016/jul/28/vermilion-sues-oil-and-gas-companies-over-coastal-/

Calling lawsuits filed by Cameron and Jefferson parishes as well as Vermilion “counter-intuitive,” Landry said, “We cannot allow these differing and competing interests to push claims which collectively impact the public policy for our coast and our entire state.”

Two weeks later, on Aug. 10, Landry was practically effervescent as he all but took full credit when 24th District Judge Stephen Enright dismissed a similar lawsuit by Jefferson Parish. “I intervened in this lawsuit because I was concerned that the interest of the State of Louisiana may not have been fully represented or protected.

“I accept the court’s ruling because addressing the issues associated with permit violations through the administrative process is a cost-effective, efficient way to resolve any violations,” he said. “That was clearly the purpose of the Legislature creating this regulatory scheme.”

Funny how Landry would choose to use the word scheme.

Scheme, after all, would appear to be appropriate, considering how much money the industry has invested in campaign contributions to Louisiana politicians.

Copy of Campaign Contributions

And there’s certainly no mystery why Landry is so protective of the industry. In fact, he might be described as Jindal 2.0 because of his determination to protect the industry to the detriment of the citizens od Louisiana.

After all, of the $3.3 million Landry received in campaign CONTRIBUTIONS between July 1, 2014 through Dec. 31, 2015 (during his campaign for attorney general), more than $550,000 came from companies and individuals with strong ties to the oil and gas industry.

Moreover, more than $600,000 in campaign contributions to Landry came from out-of-state donors, with many of those, such as Koch Industries ($10,000), one of America’s biggest polluters, also affiliated with the oil and gas industry.

http://www.rollingstone.com/politics/news/inside-the-koch-brothers-toxic-empire-20140924

http://www.forbes.com/sites/christopherhelman/2013/06/10/americas-20-worst-corporate-air-polluters/#10b98e794c70

http://www.greenpeace.org/usa/global-warming/climate-deniers/koch-industries/koch-industries-pollution/

(Koch Industries, by the way, with ties dating back to the right-wing extremist group, The John Birch Society—Fred Koch, Charles and David Koch’s father, was a charter member—has run afoul of federal law on numerous occasions, including fraud charges in connection with oil purchases from Indian reservations.) http://www.corp-research.org/koch_industries

One $5,000 donor, Cox Oil & Gas, was from St. Thomas, Virgin Islands, according to Landry’s campaign finance records. That contribution date was May 20, 2014 but Cox Oil Offshore, LLC, Cox Oil, LLC, and Cox Operating, LLC, all of Dallas, contributed $5,000 each three weeks earlier, on April 28, 2014, those same records show.

Besides the Cox companies, Landry received more than $300,000 from firms and individuals from Texas, many of those from Houston and the surrounding area.

Landry, like Jindal and the bulk of legislators, has sold his soul to an industry that has ravaged our coastline, polluted our land and waterways, and failed to restore property to its original state when operations have concluded, all while reaping record profits and enriching stockholders.

LouisianaVoice has long adhered to the idea that there is far too much money in politics and that most of it comes from special interests. The reality is that citizens have long been removed from the political process.

If you don’t believe that, drop in on a House or Senate committee hearing on some controversial issue. Invariably, the issue will have already been decided by a quiet influx of special interest money and intense lobbying. As you sit and watch and listen to testimony of citizens, pay close attention because you will be the only one besides those testifying who will be doing so.

Watch the committee members. They will be checking emails or texts on their phones, talking and joking among themselves or just milling around, exiting the rear door of the committee room to get coffee—anything but listening to citizens’ concerns. Only on the rarest of occasions could a committee member give you a summation of the testimony.

The only time many legislators really take their jobs seriously is when they are discussing a bill with a lobbyist and that is unfortunate.

Once you’ve heard committee testimony go upstairs to the House or Senate chamber and take a seat in the front row of the spectator gallery. Observe how few of the senators or representatives is actually paying attention to the proceedings. The scene below you will underscore the adage that there are three things one should never see being made: love, sausage, and laws.

And while you’re at it, watch the lobbyists working the room. As you observe the absence of interaction between legislators and average citizens, do the math and deduce the way lawmakers are influenced. You won’t get far before you encounter the old familiar $.

Like him or not (and in Louisiana, it’s fairly accurate to say most don’t though they can’t give you a really sound reason why), President Obama pretty much nailed it when he was running for re-election in 2012.

Jane Mayer, in her excellent book Dark Money, quoted Obama from his speech in Osawatomie, Kansas (the same town where Theodore Roosevelt demanded in 1910 that the government be “freed from the sinister influence or control of special interests”), about the U.S. Supreme Court’s Citizens United decision of 2010 and the ensuing glut of Super PAC money into the political arena:

  • “Inequality distorts our democracy. It gives an outsized voice to the few who can afford high-priced lobbyists and unlimited campaign contributions, and it runs the risk of selling out our democracy to the highest bidder.”

Meanwhile, Landry ramps up his war of words and political ideology with Gov. Edwards (perhaps in an effort to deflect attention away from his own flawed agenda). The most recent salvo was fired last week over the administration’s hiring of former Sen. Larry Bankston, a one-time convicted felon as legal counsel for the State Board of Contractors—never mind the fact that Landry also hired an employee formerly convicted of fraud for the attorney general’s fraud section. http://www.theadvocate.com/baton_rouge/news/article_fe56114c-6ad7-11e6-8e7e-6f06140ad60e.html

It would appear that in Louisiana, the state has long since been sold out to the highest bidder as witnessed by the combined efforts of Jindal, Landry, legislators, and the courts to protect big oil at all costs.

As further evidence of this, consider the words of Gifford Briggs, Vice-President of and lobbyist for the Louisiana Oil and Gas Association (LOGA) in the run-up to the 2015 statewide elections immediately after Landry had indicated he might oppose then incumbent Attorney General Buddy Caldwell.

Asked if LOGA would support Landry, Briggs, the son of LOGA President Donald Briggs, said, “We can’t officially endorse any candidate. Our PAC can, but not us. Having said that, Jeff Landry is looking like a very good candidate for Attorney General.”

 

Read Full Post »

AG, Terrebonne Judge, Sheriff have egg on faces after appeal court rules warrant based on 1968 law was unconstitutional

Posted in Attorney General, Computers, Corruption, Ethics, Judges, Politicians on August 25, 2016| 11 Comments »

Leave it to Attorney General Jeff Landry to come down on the wrong side of a case involving a question about constitutional law.

The Attorney General’s office, under the dictates of the state’s 1974 Constitutional, is barred from prosecuting illegal activity (other than child porn and a few drug cases) unless specifically asked to do so by the local district attorney. Instead, while attorneys general of other states actively pursue criminal prosecution, the Louisiana AG for the most part is relegated to defending state agencies, even when those same agencies may be neck deep in illegal or unethical activity.

Then Attorney General William Guste fought the encroachment on his prosecutorial powers but the state’s district attorneys, equally determined to protect their fiefdoms, were simply too strong. In the end, the AG was gutted of its authority to intervene in local criminal matters.

So it was that on Thursday (Aug. 25), Landry, after the Terrebonne Parish District Attorney recused himself from the case, wound up on the short end of a ruling by Louisiana’s First Circuit Court of Appeal that a search warrant signed by State District Court Randall Bethancourt and executed by Terrebonne Parish Sheriff Jerry Larpenter was unconstitutional at both the state and federal level.

http://www.wwltv.com/news/local/lafourche-terrebonne/court-rules-search-warrant-in-terrebonne-sheriff-case-unconstitutional/308367610

LouisianaVoice requested a copy of the search warrant but was initially referred by the clerk of court’s office to the Terrebonne Sheriff’s Department’s Chief of Detectives who told us, “The only way you’re gonna get that is with a subpoena.”

Not so fast, Barney. The Louisiana Public Records Law clearly says otherwise.

So it was back to the clerk as we explained that the warrant and affidavit were public record and on file in the clerk’s office. Incredibly, despite the illegal warrant having already made national news, the clerk employee professed to not knowing what we were asking for. finally, after more back and forth, she “found” it and said the five-page document would be sent when she received a $5 check ($1 per page). The check was sent only to be returned with the message that personal checks were not accepted by her office (she neglected to inform us of that minor detail before). So then we sent  money order and by sheer coincidence, we received the warrant on Thursday—the same day as the First Circuit’s ruling. That couldn’t have worked out better. Like they say, Sheriff, karma is a b—h.

But even more incredible was that upon reading the warrant, we learned that Larpenter also had served search warrants on Facebook and AT&T in an effort to go after his nemesis. That’s right. You read it here first. Presumably, Bethancourt signed those search warrants as well. (We originally published a copy of the warrant but removed the link when informed the publishing of home addresses of law enforcement officers is prohibited under state law.)

The entire basis of the warrants was a 1968 state anti-defamation law. A local blogger, it turns out had said bad things on the Internet blog Exposedat about the sheriff and the cozy business and familial relations that seem to abound in Terrebonne Parish (never mind that the stories had more than a grain of truth).

The only problem was—and something Judge Bethancourt should have known, assuming he is capable of reading a law book—the law was declared unconstitutional in 1981.

Rather than advise his new client (Judge Bethancourt and the high sheriff) of this, however, Landry allowed the matter to become case law (thankfully for the media) rather than quietly dropping the matter while working out an out-of-court monetary settlement with the victim whose computers and cell phones were seized in the illegal raid.

Instead, the sheriff’s office has now exposed itself to far greater legal liability for the August 2 raid deputies carried out on the home of Houma Police Officer Wayne Anderson during which they seized computers and cell phones, alleging that Anderson, the blog’s suspected author, committed criminal defamation against the parish’s new insurance agent, Tony Alford. Anderson has denied that he is the blog’s author.

We first addressed this Gestapo-type raid on Aug. 8:

https://louisianavoice.com/2016/08/08/blog-in-terrebonne-parish-making-officials-nervous-sheriff-conducts-raid-based-on-law-ruled-unconstitutional-in-1981/

Making matters even worse, Larpenter pulled off the near impossible feat of making Donald Trump appear to be the voice of reason and restraint with his comments about a Loyola University law professor’s assessment of the warrant at the time it was carried out.

Professor Dane Ciolino said on Aug. 3 that the Exposedat blogger’s comments about public affairs was protected speech under the 1st Amendment and that the raid was likely unconstitutional.

Not so, said a defiant Larpenter on a local television talk show, insisting that the criminal defamation law was not unconstitutional. He took a shot at Ciolino when he said, “Now, if this so-called professor they got out of whatever college he’s from, and you know, I hate to criticize anybody, but apparently he didn’t look at the West criminal code book to find out there is a statute in Louisiana you can go by criminally.”

That’s Loyola, Sheriff, the same “college” from which Huey Long obtained his law degree. It has pretty good creds, which is more than can be said for you. Where is your law degree from?

Our advice, unsolicited as it is, may well fall on deaf ears but Sheriff Larpenter and Judge Bethancourt need to realize they are not the law, but merely public servants with whom citizens have entrusted the responsibility of carrying out the law. There’s a huge difference. HUGE!

When public servants attempt to become public masters, when instead of enforcing laws, they starting making laws to serve a personal agenda, we have started down a slippery—and dangerous—slope.

And when an ego-driven sheriff and a sitting judge can disregard the law by serving search warrants on an individual and two major U.S. corporations for no other purpose than to stifle the First Amendment right of free speech, things have gotten more than a little dicey.

And it’s no better when the state’s attorney general attempts to defend that position.

And these are men who, in all likelihood, proudly—and loudly—support the Second Amendment.

Sorry, boys, but you aren’t allowed to cherry-pick which laws are guaranteed by the Constitution. Supporting one right while simultaneously defying another makes each of you nothing more than hypocritical tin horn despots.

Read Full Post »

LouisianaVoice fundraiser continues, but with a twist: Flood book to be published with stories submitted by our readers

Posted in Uncategorized on August 25, 2016| Leave a Comment »

First, please allow me to express my deepest appreciation to those of you who have been so generous with your monetary and in-kind contributions. I have had offers of housing, computers, and even the free use of a vehicle, the latter which I ever-so-gratefully accepted (my wife’s car was destroyed and I’m pretty sure the insurance won’t begin to replace it; My truck, while having the seats and carpeting ruined, is drivable and GEICO will provide a rental while it is being repaired).

Also, to clear up a discrepancy spotted by reader “Robert,” my first post about the flood said I did not have flood insurance. I later learned from my mortgage lender, LaCap Federal Credit Union, that I did have a “forced-buy” flood policy in the amount of the $40,000 loan I had taken out for home improvements. Because it was a fairly recent loan, the insurance covered just that with practically nothing left to pay for repairs and replacement of destroyed furniture, food, linens and appliances (we salvaged enough clothing to get by without having to buy much of those and because we’re staying at a daughter’s home, we’re okay shelter-wise).

We are still in need of help (like every other victim of this awful event) and we would be more than appreciative of any help you could afford.

Having said that, I would also say that the American spirit of self-help and old-fashioned entrepreneurialship is alive and well.

In addition to seeking immediate financial assistance, I am also asking that flood victims in any area affected by this month’s flooding forward your stories and photographs to me for inclusion in a planned book about the devastation spread across South Louisiana. The proposed book will be published by Cavalier House Booksellers, owned by John and Michelle Cavalier. I am particularly interested in stories of dramatic rescues of those trapped by the water which seemed (in my case, at least) to have come from nowhere and everywhere at once.

Fifty percent of all profits from the book will go to flood relief.

I want stories about the heroic efforts of the Cajun Navy, the Louisiana National Guard, tireless law enforcement officials from all affected parishes, business and faith-based volunteers (about whom there are insufficient words of praise) governmental officials from small town mayors to the governor and, yes, Trump and Obama.

I also would like stories about any frustrations encountered with any officials, from turf wars to bureaucratic red tape encountered.

In short, any story you have, no matter how insignificant you think it may be, should be submitted.

And, of course, please send photos, photos, PHOTOS.

I will edit the submissions, combining or deleting facts where appropriate and select the ones for inclusion in the book. If your story and/or photo(s) are chosen, you will be given full credit in the book. Also, should your story and/or photo(s) be included, you will, of course, receive a free signed copy of the book.

There is no limit as to the length of your story. If it’s too long, we can always shorten but we cannot add to your personal story, so don’t be shy about telling every detail. And don’t worry about spelling, grammar or punctuation. We can edit your copy. by

You may make contributions by clicking on the  donate button at the upper right or by mailing your check to:

Capital News Service/LouisianaVoice

P.O. Box 922

Denham Springs, Louisiana 70727

To submit your story/photo(s), you may mail to the same address or email toL

tom.aswell@yahoo.com

 

Read Full Post »

Contributions still needed: Please help LouisianaVoice

Posted in Uncategorized on August 22, 2016| 4 Comments »

Just a reminder to our readers that LouisianaVoice, like 90% of Denham Springs residents, took a tremendous hit from the devastating flood last week. We lost our home for months, perhaps for a year. We’re fortunate to have daughters living nearby and we’ve moved in with our youngest and while it’s crowded, it is a roof over our heads and a warm bed at night.

And while we do have flood insurance, it won’t come close to covering our losses of thousand of dollara. As most know, auto insurance won’t replace our vehicle lost in the flood.

Please try to find it in your hearts to contribute to LouisianaVoice by credit card by clicking on the yellow Donate button on the right or mail your contribution to:

Capital News Service/Louisiana Voice

P.O. Box 922

Denham Springs, Louisiana 70727

Thank You.

 

Read Full Post »

Older Posts »