Do you happen to remember the LouisianaVoice STORY of April 2014 in which Jeff Mercer, owner of a defunct Mangham construction company, claimed in a lawsuit that the state owed him more than $11 million that was withheld after he resisted shakedown efforts from a Department of Transportation and Development (DOTD) inspector who demanded that Mercer “put some green” in his hand and that he could “make things difficult for Mercer?”
Or do you happen to remember the follow up LouisianaVoice STORY of December 2015 in which the inspector, Willis Jenkins, admitted during the trial that he did indeed say he “wanted green,” but that he was only joking. Or that because money Mercer said he was entitled to was withheld, he eventually had to shutter his construction company?
Apparently Mercer possessed sufficient proof that a 12-person jury, after a grueling, 30-day trial, unanimously awarded him $20 million. Not only did the jury hold DOTD liable for damages, but it also held four individual DOTD employees—Willis Jenkins, Michael Murphy, Barry Lacy, and John Eason—personally liable.
Employed by the jury in arriving at its verdict was such benign nomenclature as “collusion,” “bribery,” “extortion,” “conspiracy,” and “corruption.”
But that wasn’t good enough for the Chief Judge of the Second Circuit Court of Appeal, a judge with a spotty legal record of his own—and a judge with ties sufficiently close to DOTD that he probably should never have touched this case in the first place—not even with the proverbial 10-foot pole.
Mercer’s award was not just reduced, but obliterated, when it was overturned in its entirety, showing again how subtle nuances of the legal system allow for gross injustice to be perpetrated against those lacking the right connections or campaign cash.
There was a similar case in Calcasieu Parish involving contractor Billy Broussard, a gravity drainage district, and a contract to clean hurricane debris out of a local bayou. Broussard was instructed to clean out pre-storm debris, to be paid by FEMA. FEMA refused to pay for the unauthorized cleanup, and the gravity drainage district has refused to honor its obligations, costing Broussard millions of dollars.
And the legal system has been irresponsible in protecting the rights of first Broussard and now Mercer, leaving one to wonder with some justification: “What happens when I need the protection of the courts?”
It’s interesting that in our society, we tend to put a lot of faith in robes. But a black robe and a gavel do not endow a person with wisdom, or even knowledge. They are merely symbolic. Yet, when we walk into a courtroom, we are expected—required—to be reverent, attentive, and respectful and to never, under any circumstances, question the authority of the man or woman on the raised bench clad in that black robe and holding that gavel.
Of course there must be decorum in an environment of dispute resolution. Otherwise, events quickly descend into chaos. But that certainly does not mean that the presiding officer of the court is infallible. Far from it.
And that seems to be the one fact that some judges tend to forget—all too often.
Judge Henry N. Brown, as Chief Judge of the Second Circuit, has the responsibility of assigning cases. In Mercer’s case, he somewhat incredibly chose to assign it to himself—and wrote the decision.
The problem with that? Oh, not much…except that Brown’s father was a civil engineer for DOTD for 44 years, thus creating what could be perceived as an instant conflict of interest. Nor, apparently, did he ever once see the need to inform Mercer or his attorney—or anyone else, for that matter—of this inconvenient little fact.
Mercer’s attorney, David Doughty of Rayville, is understandably upset. “Mercer has a constitutional right to a fair trial before an impartial judge,” he says in his MEMORANDUM in Support of Application for Rehearing and his Motion to Recuse and Vacate the Panel’s Opinion.
“Only after the June 7 decision (by the Second Circuit) did plaintiff (Mercer)/appellee learn that Chief Judge Henry Brown, Jr. failed to disclose the critical fact that his father, Henry N. Brown, Sr., had been a civil engineer for the State of Louisiana in the Shreveport area for 44 years,” the memorandum says.
Doughty cited a case in which a West Virginia judge refused to recuse himself and the state Supreme Court subsequently found “that the risk of perceived bias was so great that due process requires recusal.”
“Judge Brown’s failure to recuse himself from the case or even disclose this huge potential bias undermines the very fabric of our people’s faith in the judicial integrity of the Second Circuit Court of Appeal,” the memorandum says. “This failure erodes public confidence in the integrity or capacity of this judiciary.”
Doughty wrote that the Second Circuit’s decision should be vacated “especially in the wake of a unanimous 12-person jury verdict finding that the plaintiff had proven governmental corruption and conspiracy.”
Brown won a close race for reelection as district attorney in 1984 over then State Rep. Bruce Bolin of Minden. In that campaign, Bolin accused Brown of having dropped charges against 230 suspects. Some of those charges, Bolin said, included rape, narcotics violations and DWI. Bolin, in what must be considered campaign rhetoric, also said Brown had not adequately prosecuted murder cases.
But Brown was known for his dogged prosecution of murder cases as a district attorney. Sending five defendants to the electric chair, he was featured on CBS’s 60 Minutes and the Fox Channel’s The Reporters. He was called “The Deadliest Prosecutor” by one publication.
At least one of Brown’s high-profile prosecutions, however, was overturned by the Louisiana Supreme Court.
In 1986, he was the district attorney in the prosecution of James M. Monds of Keithville in Caddo Parish. Monds, at the time a surgical technician at Barksdale AFB, was convicted of the murder of a woman who was raped, assaulted, and mutilate in a high school parking lot. Despite his denial that he had ever met the victim and that he had no knowledge of her death, he was convicted. In 1994, the Louisiana Supreme Court ruled that insufficient evidence, most of it of a circumstantial nature, existed to continue to incarcerate Monds. He was subsequently released after serving nearly nine years in prison.
Doughty said it is a “matter of common sense that someone whose family is so deeply connected to the DOTD should not hear the case out of fundamental fairness” and that the decision to do so constituted violations of CANONS 2 and 3 of the Code of Judicial Conduct.
So, bottom line: There is often little correlation between law and justice.
And people like Jeff Mercer and Billy Broussard end up nailed to the wall by a perverted legal system that is grotesquely unfair, to say the least.
“Hometown Cooking” I know what that’s like!!
My situation in the future should get pretty interesting since the State agency (GOHSEP) played a big part.
What’s going to be interesting is my original attorney was Jeff Landry our now State Attorney General.
And I wouldn’t think that the firm he was with would’ve billed me nearly $100,000 if Jeff Landry didn’t believe I had a good and honest case.
Jeff Landry personally told me “You asked me if they committed fraud, yes they committed fraud that’s why I’m running for Attorney General” and he went on to tell me how he intended to clean up this sort of illegal behavior.
He wasn’t just my attorney he is a cousin of mine, so I trusted him. And I’m not saying I don’t trust him anymore, but I do know I have still not been paid. And I know he has a conflict of interest and now a witness but this case should’ve been appointed to some sort of special counsel, that was also said to me by our Governor John Bel Edwards.
And I must say I had meetings with individuals with the State and for the record I do have those meetings recorded.
Another prime example in this article showing that justice is missing from our legal system and it is nationwide. There seems to have been a slow and steady ever more criminal takeover of our court system as if by a mafia, whereby lady justice isn’t blind, she’s dead.
Citizens are left with a Communist court of injustice.
Proof, once again, the entire justice system should be avoided to the extent possible. It is neither fair nor blind and only sometimes actually results in justice – And ours seems to be one of the fairest systems in the world.
How many other “systems of justice” in the world have you studied to make that comparison? Seems like I have heard that propaganda over and over- America has the greatest blah, blah, blah.
The average American is not given the knowledge in order to judge whether our system of justice is better than many other nations. I am not talking about the obvious Communism vs Republic.
While I somewhat agree with your obvious distaste for the American system of jurisprudence, I have to agree with Mr. Winham that, except perhaps for the English, we do have the most advanced and fairest system of justice—even with all its obvious shortcomings that are nurtured by money and the lust for power.
Secondly, it is somewhat disconcerting to see the word “communism” thrown about so freely when 9 out of 10 people couldn’t tell you the difference between communism, socialism and democracy if their lives depended on it. Corruption is corruption, whether it is attached to an oligarchy, a democracy, a socialist or communist state. To try and attach a political philosophy to simple venality is to detract from the central issue.
This is considered a fair assessment of justice systems worldwide based on effectiveness of the rule of law in each country:
http://data.worldjusticeproject.org/
We rank 18th overall, 22nd in criminal justice and 27th in civil justice of the 113 countries studied. Venezuela has the lowest rank overall, Denmark has the highest.
For criminal justice alone, Venezuela ranks last and Finland ranks best.
Among the 91 countries ranking below us in fairness of the criminal justice system are (in order toward the botom):
France
Italy
Spain
Jordan
Romania
Chile
South Africa
Greece
China
Thailand
Egypt
Iran
Argentina
India
Ukraine
Russia
Mexico
Afghanistan
Given that we rank below a number of very civilized countries, including our nearest neighbor, Canada (15th), Austria, Germany, United Kingdom, Scandinavian countries and others, Diane has a point, i. e., American exceptionalism is not a term with which I would describe our justice system.
And if I had to guess I would think that Louisiana is graded last in America.
“SO SAD, LORD please help us”
Well, there’s always New Jersey and Illinois that can be counted on to give us a run for our money.
Wow, you hit the nail on the head with that statement. Plus, have people noticed that New Orleans is always involved or mentioned in many national issues of Federal corruption crimes starting with JFK assassination to present day Cuba issues and everything in between?
The Oligarchy of controllers has a definite connection to this city of ill intent from the days of slavery to the present day. Thus those well established connections will always be corrupt for a financial and political purpose. The matzo mafia is not a fantasy but a reality of who really owns America’s politics.
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