Jeff Landry is a man who knows the value of positive public relations.
Negative PR? Not so much.
LouisianaVoice has for months now been attempting to extract some type of information regarding the AG’s progress in investigating that April 2016 RAPE of a 17-year-old female inmate by a convicted rapist—in the Union Parish Jail in Farmerville.
And after months of not-so-artful dodging with the oft-repeated, “This matter in under investigation, therefore I cannot comment on the specifics or answer questions at this time” response of Press Secretary Ruth Wisher, there apparently has been no progress in the investigation.
Recently, though, the AG’s office has altered its method of responding to public records requests—and the method for submitting same.
Once it was sufficient to initiate an official public records request (PRR) to the AG’s Public Information Office with a simple email that began: Pursuant to the Public Records Act of Louisiana (R.S. 44:1 et seq.), I respectfully request the opportunity to review the following document(s):
Now, though, the AG has abruptly switched gears to require that inquiries be routed through a different office—which would seem to make the name of the Public Information Office something of a misnomer.
Previously, following that referencing of the state’s public records act, one would simply list the documents desired (It’s crucial that you request actual documents and not just general information: public agencies as a rule—there are exceptions—won’t respond to general requests). Here is a recent (Dec. 13, 2017) request submitted by LouisianaVoice for which no response has yet been received:
- Please provide me a current list (and status) of all criminal investigations undertaken by the Louisiana Attorney General’s office since Jeff Landry’s inauguration.
- Said status should include all dispositions of cases, including convictions and/or dropped charges, where applicable.
But now, Landry’s office appears to be circling the wagons. No more are we to submit request to the Public Information Officer, which makes public information something of an oxymoron. Here is our latest inquiry about the status of the investigation of that rape case which is now entering its 21st month despite the fact that authorities know the following:
- Where the rapes (she was raped twice) occurred (in the confines of a small cell);
- When they occurred;
- The identity of the victim;
- The identity of the alleged rapist (who was awaiting sentencing for a prior conviction of aggravated rape)
Here is LouisianaVoice’s request:
“Please provide me an update on the current status of the Union Parish jail cell rape case that occurred in April of 2016.
Should you respond with the usual “ongoing investigation” response, then please try to give me some indication as when this unusually lengthy investigation of a relative uncomplicated matter will be completed.”
Here is the AG’s response:
As you have anticipated, Louisiana’s Public Records Act, specifically La. R.S. 44:3(A)(1), exempts records held by the office of the attorney general that pertain to “pending criminal litigation or any criminal litigation which can be reasonably anticipated, until such litigation has been finally adjudicated or otherwise settled. . . .” Therefore, records related to open investigations are not subject to disclosure until the case is finally adjudicated or otherwise settled.
Additionally, your request does not identify any currently existing record. The creation of periodic “status updates” is not an obligation imposed upon public bodies by Louisiana Public Records Law, La. R.S. 44:1, et seq. Please direct future requests for press releases to our Communications Division at AGLandryNews@ag.louisiana.gov. If you have any further requests to make pursuant to La. R.S. 44:1, et seq., please let me know.
With Best Regards,
Luke Donovan
Assistant Attorney General
Well, I can certainly understand that records of pending matters are exempted but how long is Landry going to let this languish? The victim has filed suit against the state and Union Parish but that is a civil matter. The rape is a criminal investigation. And while the AG is charged with defending the civil suit, the two are separate matters handled by separate divisions.
And what, exactly, does Donovan mean by “pending criminal litigation”? We have pending civil litigation and we have pending criminal prosecution. Again, they are separate, handled by separate divisions.
But then, Landry is nothing if not a publicity hound. He loves to see his name in print. He just doesn’t have the same enthusiasm for actual work. Take the theft from the DeSOTO PARISH Sheriff’s Office that was turned over first to Landry’s predecessor Buddy Caldwell and then to him to investigate because the victim of that theft was the local district attorney, creating for him a conflict of interests.
Landry never did complete that investigation which pre-dated the Union Parish rape case by two years. It was a federal grand jury that ended up indicting the employee involved.
And finally, there is the ALTON STERLING case which, following the U.S. Justice Department’s punting on the matter, was taken up by Landry last May. Nearly 10 months later, Landry has yet to give any indication as to when he will issue a report on that shooting by Baton Rouge police.
So, Ruth Wisher is stuck with the unenviable task of trying to make her boss look good. It’s not quite as daunting a task as that of Sarah Huckabee Sanders in trying to make a silk purse of the sow’s ear that is Donald Trump, but daunting nevertheless.
The glowing press releases will continue in Landry’s unabashed quest for the governor’s office while the real work of completing the investigation of the rape of a 17-year-old will continue to get short shrift because, realistically speaking, there are no votes to be gained in protecting the rights of a meth addict.
And that, readers, is the very definition of hypocrisy.
You are aware Solicitor General Murrill posed oral arguments before the U. S. Supreme Court today, right?
Also, I think Landry has his sights set on Cassidy’s U. S. Senate seat in 2020 rather that the governor’s race. That’s why his focus is on national rather state-level issues.
Judging by the commentary of the SC Justices, it would appear Merrill may need to prepare for a rather resounding defeat in the matter: http://www.theadvocate.com/new_orleans/news/article_e3b16830-fbf6-11e7-8753-e74b3b4dfa6b.html
Mr. Burns, can you believe the argument she put forth? Though not a criminal defense lawyer, I would think it was the lawyer’s duty to suggest another line of defense or asked to be removed. Not admit his client’s guilt, in opening arguments and over the adamant objection of his client.
In two words: “I agree.”
Oh, joy. a choice between Cassidy and Landry. What to do, what to do? Almost like choosing between Landry and Caldwell.
not much choice
In the Alton Sterling fatal shooting case, Landry’s office had this case handed-off to them by the Justice Department after 10 months of “Investigation.” Landry’s Crackerjack staff has been “working diligently” on this case since May 2017, or so Landry stated before a Baton Rouge Rotary club last week in response to an audience question.
As Mr. Aswell has pointed out, Landry’s office has established a pattern of delay that borders on if not outright constitutes Obstruction of Justice. It’s time for the Justice Department to investigate Landry and his office
Landry’s conduct of the office of State Attorney General is at least in violation of the intent of the VI Amendment if not indeed the letter of The Constitution of the United States of America.
If we don’t like the rules, let’s just change them, or ignore them.
Ignoring them is a lot easier than changing them. That practice was taken to new heights in Louisiana beginning with Bobby Jindal and in America by President Donald Trump. People in leadership positions lead by example whether they intend to or not, and disdain for the rules is gaining momentum – The rule of law is evolving in exactly the wrong direction.
Society’s guiding principle is becoming: “If the rules don’t apply to my leaders why should I worry about them? I’ll simply do as I please just like them. After all, they’re getting away with it.”
I must admit, I am seriously disappointed in him thus far. If he does not change his course of political self preservation he will find himself becoming a creature of the swamp he once demanded that be drained. I watched the same demise consume Scott Angelle. Mr. Landry will be seriously embarrassed politically from his own neck of the woods.
He has abandoned the platform he once campaigned on. I have not seen him take out one target of political corruption and now seems to have become a part of that corruption.
Tom,
I respect you and your blog but your subject is misleading. The AG did not rewrite the rules as you state. A public records request can not require an agency create a document that does not exist. If they maintain a list of all cases and their current status the AG’s office would be required to give that to you, but they are in no way required to create a document that does not already exist.
Thanks for all of your hard work,
John Arceneaux
I wasn’t clear in my explanation and I’ll take the heat for that. I was trying to point out that whereas I once could simply submit my request to the public information officer, that procedure has been changed and I no longer go through that office for information (which seems to make the name of the office something of a misnomer).
I apologize for not making myself clear on that matter. The correction has been made.
Yep!! Did it on “purpose” because you are a democrat loving liberal. Face it, you are worse than those you attempt to “expose”.
Well, Caroline Odom (cute, you spelling your name backwards that way; took me all of 3 seconds to decipher it), I’m not sure my being a “Democrat-loving liberal” is a legal justification for changing procedure or anything else. But for your information, I am a recovering Republican. Where did you say you got your degree in public administration?
Ms. Odom, sorry Ms. Modo, what makes you think Tom is a “democrat loving liberal”?
John:
While you’re correct, that doesn’t stop anyone from strong-arming a state agency into providing a report that can be readily generated, and I’ll illustrate my point.
As most readers on this blog know by now, I have ZERO (and I do mean ZERO) trust in the Auctioneer’s Licensing Board and its one employee, “blatant payroll fraud committing Sandy Edmonds.” With that in mind, in mid-2013, I informed the Board (who promptly turned my request over to convicted felon Larry S. Bankston, who fought me tooth and nail on EVERYTHING during his entire tenure as their attorney and who did everything in his power to permit Sandy Edmonds to perpetuate her “blatant payroll fraud,” up to an including pursuing my auction license for his contention — for which he was DEAD wrong — that I was issuing “false and misleading reports” entailing said payroll fraud), that I wanted to examine the check register for the preceding fiscal year (I made the request mere days after the fiscal year closed).
Bankston responded that the Board was under no obligation to provide that document as it did not exist. I responded that such a document could be created in a matter of 40 seconds by providing the paramaters to Quick Books, which is the accounting package used by the Board. I then drafted him an email and copied Emalie Boyce, then-Assistant Attorney General indicating that I also have the RIGHT to examine electronic documents. Therefore, Ms. Edmonds could choose from two options: #1) She could print me out a hard copy of the check register using the paramaters of 7/1/12 and 6/30/13 and the beginning and ending point, or #2) she could enter the paramaters and have the report pulled up on her computer screen and then step away while I examined the report on her computer screen.
Well, I knew full well Ms. Edmonds would NEVER want me anywhere near her computer, and I also informed Ms. Boyce and Mr. Bankston that, if they declined both options, I would be filing yet another lawsuit against the board who, by that time, had already enriched Mr. Bankston to the tune of $100,000 defending my other lawsuits.
The result?
As my dad used to always say, “There’s more than one way to skin a cat!”
Tom, at least your efforts are recognized and appreciated by us, but especially the man above; good karma!
Different approach…
Where is he now? Has he been released? On parole? Committed other rapes?Parole officer involved now? What has he been charged with, convicted of, since the incident? Who is his attorney? Who is the victims attorney? Anything that her attorney can share? Has the discovery process been initiated? What was the response? Status of case / schedule. What criminal charges are pending against him. If still incarcerated get the visitors log for each place held; specifically including his legal representatives, investigators, state AGs. Was a rape kit completed. Was DNA match process done; for both rapes? Results? Status of the guard’s employment. A copy of any disciplinary record, termination. Does the civil suit include the guard? Has her attorney filed complaint with the ACLU? From prison where she was raped, a copy of any revised / new jail policy or procedure involving rape prevention since the attack. For any related reason, has the local D.A. who recused himself been contacted by the state AG or his investigator? What is name of state AG’s investigator? Names of all female inmates in Louisiana reporting jail rapes in the past year and status of investigation, disposition. To include rape by other females!
Could you propose a story to Louisiana news editors. Are there any TV stations, even radio stations, that would interview you as a guest: NPR? At the top, you, the victim and her attorney get on the Steve Harvey show and have the AG also invited. Outcome of appearance on Harvey’s show would certainly get results and embarrass the AG and the governor.
Back to victim’s lawsuit. I’m no expert on Louisiana open govt law, but in Texas when civil litigation is expected everything is confidential. However, once both parties have seen something it becomes public.
For assigned attorney and investigator, a copy of time sheets (since recusal) showing cases time is charged against. A copy of travel logs for each, to victim’s residence and jail where attack occurred.
Just like a tree shaking harvesting machine.
Keep fighting for justice,
Bob Mhoon
Tom, Stephen, I am not sure which of you two ruffled the most feathers this week.
I’m going to take that as a compliment, Clifford. Thanks. 🙂