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Archive for the ‘Attorney General’ Category

HB 4118 replicates ‘Bama law by cutting expenditures for prisoner, university student food as cost-cutting measure

Posted in ALEC, American Legislative Exchange Council, Attorney General, Budget, Economy, Education, Ethics, Finances, Higher Education, House, Legislature, Legislators, Politicians, Prison on April 1, 2018| 19 Comments »

Taking their cue from Alabama Sheriff TODD ENTREKIN, several members of Louisiana’s House of Representatives have co-sponsored a bill that would cut food expenditures for prisoners and college and university students while increasing the percentage of prisoner work-release pay that the state receives in an effort to boost revenue as the state rushes headlong toward the June 30 fiscal cliff.

HB-4118, co-authored by a dozen Republican legislators who received the highest ratings from the conservative Americans for Prosperity (AFP), would slash funding for inmate meals three days per week in an effort to help make up budgetary shortfalls.

The bill has been endorsed by AFP, the Louisiana Association of Business and Industry (LABI), the American Legislative Exchange Council (ALEC), U.S. Sen. John Kennedy, and Attorney General Jeff Landry as an effective cost-saving measure that would, at the same time, continue to allow generous tax breaks for business and industry to remain untouched. Also remaining intact would be tax incentives for movie and television production in the state.

In Alabama, existing legislation allows sheriffs to collect a salary supplement as a percentage of savings achieved.

Entrekin, Sheriff of Etowah County in Alabama, recently came under heavy criticism when it was learned that he cut back on his jail’s food budget by eliminating meat for prisoners for all but a couple of days per month but then used the money saved to purchase a beach house for $740,000. HB 4118, while similar to the Alabama law, would have built-in safeguards against any surplus being diverted for personal use.

“Sheriff Entrekin, who runs only a single county jail in Alabama, was able to save approximately $250,000 per year for three years. Granted, he abused the intent of the law by using his surplus funds for personal gain,” said State Reps. Cameron Henry (R-Metairie) and Lance Harris (R-Alexandria) in a joint statement announcing their introduction of the bill. “If surplus funds are properly allocated back to the state instead of to individuals as was the case in Alabama, that misuse of funds can be avoided. With 50,000 prison inmates and more than 200,000 college students in Louisiana, imagine how much we would be able to save by employing the same paradigm.”

HB 4118 would cut servings of meat, milk and juice by three days a week for 50 weeks per year—Mondays, Wednesdays and Thursdays for state-run prisons and all colleges and universities and Tuesdays, Thursdays, and Saturdays for parish jails and privately-run prisons. State appropriations for those institutions would be cut accordingly.

“We wouldn’t want to make such cuts for prisons on Sundays or during the weeks of Thanksgiving or Christmas because that would just not be the Christian thing to do,” the statement by Henry and Harris said. “Colleges and universities are out during those weeks anyway, so they would not be affected during those times.”

They said the potential savings to the state, calculated at a minimum of $3 per meal at which meat, milk and juice are eliminated, would be an estimated $22.5 million per year at prisons and $75 million at institutions of higher learning, or a total of $97.5 million per year.

Public schools would be exempted from the more restrictive diets for now, they said.

Operators of prisons and jails typically receive about 60 percent of the earnings of each prisoner who participates in a work-release program. That amount would be increased to 75 percent if HB 4118 becomes law. Additionally, a processing fee of one dollar would be added to the sale of each soft drink and snack to the prices presently charged by prison commissaries, according to provisions of the bill. Currently, prisoners are charged $3 for soft drinks and $5 for snacks.

“These people are in jail for committing crimes,” the two lawmakers’ joint statement said. “They get free housing, food, clothing and they’re learning a trade. There really isn’t any need for them to earn money on top of those benefits.

“This bill will allow the state to protect the valuable incentives for businesses and industry which provide jobs for Louisiana’s honest, hard-working citizens,” they said. “The bill protects the same jobs that will be available to the college students when they graduate. We’re asking students to sacrifice a little now for greater rewards in the future.”

Though the bill’s language doesn’t specifically say so, the same cuts could also be applied at hospitals now operated as part of the public-private partnerships implemented by the Jindal administration, which would produce additional savings although no estimates were provided for the medical facilities.

If approved, the new law would go into effect one year from today.

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Three Billboards Outside Farmerville: Attorney General Jeff Landry can’t get indictment on jailhouse rape of 17-year-old

Posted in Attorney General, Corruption, Courts, Crime, Lawsuits, Media, Public Records on March 22, 2018| 12 Comments »

That’s right folks.

Almost two years after being asked to investigate the rape of a 17-year-old girl in the Union Parish jail by a man already convicted of aggravated rape and awaiting sentencing, Attorney General Jeff Landry’s office finally took its case before a Union Parish grand jury.

And guess what?

The grand jury, after reviewing all the evidence provided by Landry’s office, declined to indict Demarcus Shavez Peyton of Homer.

Te refresh you memory, Peyton was awaiting sentencing after being convicted of aggravated rape in a separate case in nearby Claiborne Parish. He was allowed to leave his jail cell and to enter the cell of the 17-year-old, who was being detained after being picked up on meth charges. Peyton was said to have raped the girl not once, but twice

Because the Union Parish Detention Center is run by a commission comprised of the sheriff, the district attorney and several area mayors, the district attorney, rightly claiming a conflict of interest, asked Landry to investigate the matter.

So Landry’s office was handed an investigation of:

  • A rape that occurred at a time, date and location known to investigators;
  • Allegedly committed by a person known to investigators;
  • Committed against a victim also known to investigators.

Yet, the attorney general somehow was unable to build a case against Peyton despite the presence of a witness who said he also was allowed into the victim’s cell with the intent of sexually assaulting her but departed without doing so.

I guess we’ll have to wait and see how the civil suit filed by the victim plays out. While criminal convictions call for proof of guilt beyond reasonable doubt, a civil suit need only show a preponderance of the evidence. An illustration of that is the exoneration of O.J. Simpson on the criminal charges of murdering his wife and Ron Goldman but Goldman’s parents then sued Simpson in civil court and won.

Meanwhile, several questions immediately come to mind regarding the AG’s investigation and the presentation of evidence to the grand jury:

  • Was a rape kit was used by investigators?
  • Was the rape victim interviewed?
  • Was the witness interviewed? Apparently he was, since he admitted that he initially intended to participate.
  • Were DNA samples collected?

We probably will never know the answers to these questions because contrary to Landry’s penchant for issuing glowing press releases to trumpet his wonderful work on behalf of law and order and the American way, his press office was strangely mute on this matter. No press releases this time, thank you very much.

Oh, there was one email response to the Farmerville newspaper editor’s inquiry from Landry’s press secretary that said, “…at a hearing on March 15, members of a grand jury in the 3rd Judicial District were given an opportunity to review all the evidence we had in this matter. After our presentation, the grand jury determined that no formal charges should be filed. While we must respect the grand jury’s decision, it is important to note that our office stands ready to act should new credible evidence arise.”

Well, that’s certainly reassuring.

No effort was made to so inform LouisianaVoice  which, for 18 months, has dogged Landry’s office for updates on the investigation. We were always told that the investigation was ongoing and that no details could be released.

Of course, when details could be released, the attorney general’s office was strangely quiet. But then, we never really expected Landry to go out of his way to keep us in the loop.

But now that the investigation is over and the matter is closed, there’s no reason for Landry’s office to continue to withhold details of his office’s investigation. Accordingly, LouisianaVoice will be making an official public records request for the AG’s file on the investigation.

And now we can turn our attention to another “ongoing investigation” by Landry’s office—one that a lot of people in Baton Rouge will be watching and one which has a much higher profile.

More than 10 months ago Landry’s office was asked to investigate the shooting of a Baton Rouge black man, Alton Sterling, by Baton Rouge police. Landry appears to be dragging his heels on that probe as well and there is growing pressure from the black community to announce his findings. Their voices are considerably louder than that of a young girl raped in a lonely north Louisiana jail cell.

If that Union Parish “investigation” is any indication….

 

 

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Coming soon to a theater near you! Jeff Landry starring in THREE BILLBOARDS NEAR FARMERVILLE, LOUISIANA

Posted in Attorney General, Corruption, Crime, Ethics, Fraud, Lawsuits on March 9, 2018| 4 Comments »

 

 

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Jeff Landry continues flow of self-promoting press releases; but nothing yet on that Union Parish jail rape investigation

Posted in Attorney General, Crime on February 12, 2018| 16 Comments »

When it comes to sucking up to Donald Trump, Louisiana Attorney General Jeff Landry has no peer.

In Jeff Landry’s very limited world view, the Trumpster can do no wrong—just as (in Landry’s opinion) Gov. John Bel Edwards can do nothing right.

Never mind that at least 18 women have come forward to say that Frump molested or attempted to molest them in some fashion over the years.

He’s Jeff’s boy.

Never mind that candidate Grump was heard plainly boasting to Billy Bush about how he loves to grab women.

He’s Jeff’s boy.

Never mind that Thumper openly bragged about bursting into the dressing room of Miss USA candidates, grabbing and pawing the terrified contestants.

He’s Jeff’s boy.

Never mind that Trump approved, before actually reading it, the release of that Nunes memo that was supposed to be a bombshell that would completely discredit the Mueller investigation—but who now refuses to approve the release of the Democrats’ memo rebutting the Nunes memo.

He’s Jeff’s boy.

Never mind that Trump pointed out that Rob Porter, ousted from his White House job after two ex-wives claimed he physically abused them, had never received “due process,” said lament coming just over a year after he chanted on the campaign trail of Hillary Clinton: “Lock her up!”

Not that there’s any lost sympathy for Hillary here, but didn’t she deserve “due process” just as much as Porter?

But never mind, Trump’s Jeff’s boy.

And that’s from the supposed top legal authority in state government.

Now, that’s truly sad for a guy who can’t seem to close out investigations of felony theft in the Desoto Parish Sheriff’s Office, the Alton Sterling shooting, or, after nearly two years, the rape of a 17-year-old girl by an already-convicted rapist in a Union Parish jail cell.

Here are a few examples of Jeff Landry press releases, issued courtesy of Louisiana taxpayer dollars:

 

Thursday, September 28, 2017

Majority Whip Congressman Steve Scalise Returns to Congress; Attorney General Jeff Landry Elated

BATON ROUGE, LA – Attorney General Jeff Landry today enthusiastically recognized the return of Majority Whip Steve Scalise to the U.S. House Floor:

“It is truly a miracle to see Majority Whip, and my good friend, Steve Scalise return to the House Floor today. Witnessing his triumphant return took us all back to that emotional and terrifying morning in June when he was shot while practicing for the annual Congressional baseball game, an event Steve cherished. As he said this morning in his address, the Capitol Police officers who rushed to his aid that day were heroes – saving his life and undoubtedly the lives of many others. The Capitol Police work tirelessly to keep all members of Congress safe and as a former Congressman, I am grateful for their service. Steve’s message of faith presented on the House Floor today is important for all Americans regardless of religion, political party, or background. Steve’s will to live, his strong faith in God, the selflessness of the Capitol Police, and the prayers of people across the world carried him through. I look forward to following Steve as he continues to be a ferocious leader for Louisiana and our country.”

 

 

Thursday, September 28, 2017

BATON ROUGE, LA – Louisiana Attorney General Jeff Landry applauded the White House’s announcement of Louisiana natives Kyle Duncan and Eastern District Chief Judge Kurt Engelhardt to the Court of Appeals for the Fifth Circuit.

The AG’s full statement may be found below:

“Kyle is an exceptional constitutional lawyer and will make an excellent appellate judge. Kyle has vast experience in complex constitutional cases, both civil and criminal. In every case, he demonstrates that is a consummate professional. He and his wife Martha have deep roots in Louisiana, and we are glad he will be bringing his family and intellect back home.

Chief Judge Kurt Engelhardt is also a great choice. Judge Engelhardt has been serving on the federal bench in Louisiana since 2001 and has time and again demonstrated his commitment to the highest principles of judicial ethics and service. We have been lucky to have him on the district court bench here for the last 16 years and are happy to share his intellect and sound judicial instincts with the rest of the Fifth Circuit.

 

 

Tuesday, October 10, 2017

Clean Power Plan Repealed, AG Jeff Landry Praises Decision by Trump Administration

BATON ROUGE, LA – Attorney General Jeff Landry is praising EPA Administrator Scott Pruitt’s decision today to repeal the Clean Power Plan, an Obama overreach that would have devastated Louisiana’s power plants and energy consumers.

“On behalf of Louisiana workers, job creators, and consumers – I commend Administrator Pruitt and the Trump Administration for repealing this unconstitutional, job-killing regulation,” said General Landry. “The so-called Clean Power Plan was always a political attempt to force states into green energy submission.”

“Since taking office – I have challenged the legality of the Clean Power Plan, worked with fellow attorneys general to get a stay in federal court on the mandate, and pushed for today’s repeal,” continued General Landry. “The Trump Administration has acknowledged the Clean Power Plan was an unprecedented Washington power grab not only from the states but also from other federal regulatory agencies. It would have cost tens of billions to implement, jeopardized Louisiana’s six coal-powered plants, and devastated the pocketbooks of our State’s seniors and working families who rely upon low-cost energy.”

 
Wednesday, November 1, 2017

BATON ROUGE, LA – Attorney General Jeff Landry applauded President Trump’s nomination of Louisiana Department of Justice (LADOJ) Criminal Director Brandon Fremin as U.S. Attorney for the Middle District.

“President Trump’s nomination of Brandon Fremin is a grand slam homerun. Brandon has truly lived a life of public service, both as a Marine and a prosecutor,” said General Landry. “Brandon has been a tremendous asset to our office; and I am confident that he will lead the U.S. Attorney’s Office in a fair, ethical, and honest way.”

In January 2016, Fremin was hired to serve the Criminal Director for General Landry’s office where he oversees several sections including: general prosecutions, insurance fraud, and the award-winning Medicaid Fraud Control Unit. Under his watch, over 15 public officials have been arrested for public corruption charges – many of whom are currently being prosecuted by the LADOJ.

 
Thursday, January 4, 2018

Federal Marijuana Enforcement Policy Praised by AG Jeff Landry

BATON ROUGE, LA – Louisiana Attorney General Jeff Landry issued the following statement in support of today’s decision by United States Attorney General Jeff Sessions to rescind the Cole Memo:

“I applaud Attorney General Jeff Sessions for his decision to promote the rule of law and rescind the Cole Memo. This issue affects banking, interstate commerce, public safety, and many other areas that are best addressed by Congress not by Executive fiat. Fortunately, the Trump Administration has worked tirelessly to reverse the ill practices of the previous administration. This issue should be settled by our lawmakers, not our law enforcers. Choosing to not enforce duly enacted laws is a dangerous precedent. Whether the law concerns the legality of marijuana or immigration, non-enforcement by the Department mandated to execute the laws is bad policy.”

 

Wonderful. We now have the Louisiana attorney general and the U.S. attorney general working to keep our prisons overcrowded with non-violent offenders.

 

Tuesday, January 30, 2018

Louisiana AG Jeff Landry Praises President Donald Trump’s State of the Union

BATON ROUGE, LA – Louisiana Attorney General Jeff Landry praised President Donald Trump’s State of the Union address, especially the parts about two issues of great concern to General Landry: the opioid crisis and illegal immigration.

The opioid crisis is a critical public safety issue that General Landry has spent much time fighting, as it has affected his ability to keep communities safe.

“As the Attorney General of a state most impacted by the opioid crisis, I applaud President Trump for his efforts to end this epidemic,” said General Landry. “President Trump’s support not only helps families struggling with addiction; but also those of us working to reduce opioid misuse, abuse, and overdose.”

Another American public safety issue that General Landry has railed against is illegal immigration. General Landry has repeatedly called for an end to sanctuary cities, most recently when he led an 11-state coalition in a legal brief supporting President Trump’s executive order that prohibits sanctuary cities from receiving grant dollars from specific federal programs.

“As a state chief legal officer tasked with enforcing the law and protecting citizens, I salute President Trump for his commitment to border security,” added General Landry. “President Trump’s efforts to end sanctuary cities will help law enforcement throughout our Nation make our communities safer.”

General Landry, the President-Elect of the National Association of Attorneys General, looks forward to continue working with the Trump Administration on these issues and others of importance to the people of Louisiana.

 

You probably noticed that Landry manages to make himself the story in virtually every press release coming out of his office. Even when he is voicing support or praise for some program or individual, he somehow manages to begin nearly every release with “Attorney General Jeff Landry…” and oftentimes even manages to sneak his name into a headline for the release.

Well, Jeff, old boy, what we’d really like to see instead of you spending your time trying to score brownie points with Trump and Sessions who, in all likelihood, don’t even know who you are, we’d love to see this headline on one of your press releases:

“Attorney General’s Office releases results of Union Parish jail rape investigation.”

After all, it’s been nearly two years and dozens upon dozens of self-aggrandizing press releases extolling the virtues of one Jeff Landry.

But we won’t hold our breath.

 

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Taxpayers paid more than $116,300, including settlement, to defend sexual harassment lawsuit against LDH attorney Hill

Posted in Attorney General, DHH, Ethics, Finances, Lawsuits, Waste on January 26, 2018| 26 Comments »

Under the Latin term Respondeat Superior (Let the master answer), an individual would not be held personally liable in a civil proceeding if (a) he (or she) was acting within the scope and duties of his employment or if the action was taken on advice of counsel.

An example of that would be if a state employee withheld records from a reporter on advice of the agency’s attorney but it was subsequently determined in court that the records were actually public and should have been made available upon request. It would be the agency, not the employee, who would be liable in such a case.

A newspaper reporter would be protected from libel damages if he had written something he believed to be factual and it was vetted by editors and published only to be found to be inaccurate and damaging to the subject’s reputation or career. In that case, the newspaper or TV station (or, more accurately, the medium’s liability insurance policy) would pay.

So, it is more than a little curious that Louisiana Department of Health (LDH) paid to defend Attorney Supervisor Weldon Hill—and paid the settlement—in Bethany Gauthreaux’s sexual harassment lawsuit against Hill, a STORY first reported by LouisianaVoice earlier this month.

And why, when the news media requested names of cases involving sexual harassment, was this case omitted. Nowhere in the Baton Rouge Advocate STORY is the Gauthreaux case listed. Was this an honest mistake—or was it by design?

Not only did LDH pay the $40,000 settlement, but the agency also paid more than $76,300 in legal fees to the Baton Rouge law firm of Keogh Cox and Wilson ($69,828), the Louisiana Attorney General’s office ($1,258), Court Reporters of Louisiana ($2,183), Walgreen’s ($27), the East Baton Rouge Clerk of Court ($2,611), North Oaks Medical Center ($250), and for photocopies ($186).

And how did that particular law firm wind up with the contract to defend Hill and LDH? The very fact that the LDH Deputy General Counsel, under whom Gauthreaux worked, was Kim Sullivan should have disqualified the firm.

Attorney Chad Sullivan is Kim Sullivan’s husband and he works for Keogh Cox and Wilson, a fact that the firm should have disclosed. By virtue of supervising plaintiff Gauthreaux, Kim Sullivan was a potential co-defendant—and witness—in a case defended by her husband’s law firm. (Click HERE and move your cursor to the first photo on the third row—the first one with a beard. That’s Chad Sullivan.)

Including the $40,000 settlement, the TOTAL COST to LDH was just north of $116,300 to defend an employee who, it would seem certain, was not acting within the scope and duties of his employment. And it would appear he was certainly not acting on advice of legal counsel (though he is himself an attorney) when he was said to have asked highly personal questions about breast feeding her newborn infant, pressed his body against hers as she monitored her computer screen, and placed his hand on hers atop the computer mouse.

And moving her and two other women from their eighth-floor offices to the fifth floor—Gauthreaux to a converted supply room with no phone—would seem something of a gray area insofar as the Respondeat Superior doctrine would apply as would the statement attributed to Hill that he felt women “have nothing to say,” and his timing women employees’ bathroom breaks.

So, now the state is out more than $116,000 because of the actions of Hill, his supervisor, LDH Executive Counsel Stephen Russo, General Counsel Kimberly Humble, and others up the food chain—and because of the inaction of LDH’s Human Resources Office, which should have taken appropriate steps as soon as it was aware of the harassment, but curiously did not.

And just where was LDH Secretary Dr. Rebekah Gee while all this was going on? After all, someone anonymously (for obvious reasons, given the climate at LDH) placed a copy of Gauthreaux’s lawsuit on the windshield of Dr. Gee’s vehicle.

To get those answers, LouisianaVoice emailed Dr. Gee on Jan. 19, posing three simple questions:

  • What action do you plan to take regarding the sexual harassment lawsuit settlement against your legal department, specifically, Mr. Weldon Hill?
  • Why did Mr. Hill’s supervisor(s) and/or DHH HR not initiate some kind of remedial or disciplinary action?
  • Why did you not take some type of remedial or disciplinary action when you first found a copy of the Ms. Gauthreaux’s lawsuit on your vehicle windshield?

Dr. Gee never responded even though LouisianaVoice received a return receipt indicating that she did open that email.

So, a follow-up email was sent to Dr. Gee on Jan. 23:

Dr. Gee, I don’t mean to pester you, but I would remind you that to ignore my questions below would not serve your or LDH’s best interests. It almost seems as if you are trying to conceal information. Many a public servant has learned the hard way that eluding questions and refusing to face issues head-on usually backfires in the end. This litigation was a serious matter that deserves your serious attention. I will not bother to ask you again but should you choose to continue to ignore this issue, I will have no choice but to so state in my follow-up articles.

The same three questions were attached to the bottom of that email and a return receipt indicated she opened that email as well.

But she still has yet to respond.

Meanwhile, Hill and Russo continue at their jobs which pay them $100,000 and $138,500, respectively, while Gauthreaux was forced to quit her $42,500-per-year attorney position. And the word is that Hill is planning to quietly retire.

Not only should Dr. Gee answer the three questions LouisianaVoice put to her, but these as well:

  • Why did the state pay Hill’s attorney fees and the settlement without demanding some payment from him?
  • Why was he not summarily fired once the details of his actions were known?
  • Why was Russo and LDH’s HR Department not held accountable?
  • And finally, just what is the purpose of the mandated sexual harassment classes for state employees if those in supervisory positions are going to simply look the other way and not themselves be held accountable?

We’re waiting.

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