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Archive for the ‘Corruption’ Category

Last July I published my book Louisiana’s Rogue Sheriffs: A Culture of Corruption.

Now, it looks as though a book about district attorneys and judges might well be in order.

Somehow, it seems the ones we elect to protect us and to administer justice evenly and fairly are running amok with no regard for the law, ethics, propriety, or for the citizens they are elected to serve.

This is by no means a blanket condemnation of all DAs or judges but the behavior of the few is beginning to take its toll on the public image of the many and there needs to be a cleansing.

DAs have gone to jail, they have initiated frivolous disputes with judges, they bring in hired guns from elsewhere to do jobs they should be doing [if they and their staffs aren’t qualified to perform their jobs, they should get out and leave the work to those who can] and some even are said to use their offices as leverage to obtain property and businesses from defendants in exchange for a dismissal or reduction of pending charges.

Louisiana judges have been accused of:

  • Hiring his GIRLFRIEND to review medical records for his office;
  • Presiding over his girlfriend’s DWI case;
  • Molesting TEENAGE GIRLS;
  • Texting RACIST REMARKS in a jealous dispute with a sheriff’s deputy with whom she was having an affair (the judge submitted her resignation today);
  • Engaging in SEXUAL MISCONDUCT which led to his resignation;
  • Interfering in a female friend’s APPEAL which resulted in his suspension from the 2nd Circuit Court of Appeal and which has thrown the 2nd Circuit’s overturn of a $20 million award into turmoil.
  • Accepting kickbacks which resulted in the impeachment and REMOVAL from the federal bench.
  • Accepting bribes from bail a bail bondsman which resulted in his conviction, along with 13 others convicted in the FBI’s OPERATION WRINKLED ROBE

There are others, of course. But add to that the unique idea that a Baton Rouge attorney who has been SUSPENDED FROM PRACTICE for a year is a candidate for a vacant city.

Donald Dobbins says the law requires only that he hold a law license to qualify for judicial office but not to be a judge because judges cannot practice law. He qualified exactly three weeks before he was suspended by the State Supreme Court for failure “to provide competent representation to clients” and that he “neglected legal matters, failed to communicate with clients, failed to refund unearned fees and unused costs, failed to properly supervise his non-lawyer start, resulting inf false affidavits being filed in the court record, failed to reduce a contingency fee agreement to writing, forged client signatures on settlement checks and failed to place disputed funds in his trust account.” He says he has no intention to withdraw.

One Supreme Court justice called the one-year suspension “overly lenient,” saying he preferred “no less than a three-year actual suspension, if not disbarment.”

And then there are the judges in Terrebonne and St. Tammany parishes who took it upon themselves to issue warrants that were in direct violation of the First Amendment guarantee of freedom of expression.

In the Terrebonne case, Sheriff Jerry Larpenter prevailed upon an obliging JUDGE RANDAL BETHANCOURT to issue a search warrant so he could raid the home of a blogger who hurt Larpenter’s feelings. That ended up costing the sheriff’s office about $250,000 in a federal lawsuit stemming from the illegal raid.

That was in August 2016. Three years later, St. Tammany Parish Sheriff Randy Smith arrested a former deputy who sent an email to the family of a murdered woman in which he was critical of the sheriff’s office for not making an arrest in the 2017 murder of Nanette Krentel.

The warrant was signed by DISTRICT JUDGE RAYMOND CHILDRESS District Judge Raymond Childress. After the local district attorney recused himself and referred the case to the Louisiana Attorney General’s office, the AG’s office promptly washed its hands of the entire affair after noting that the Louisiana Supreme Court had held that criminal defamation (the justification for the warrant) was unconstitutional insofar as statements made in reference to public figures engaged in public affairs.

No story about law enforcement and the judicial system would be complete without a story from Iberia Parish where Louis Ackel turned the word sheriff into a term of fear and dread.

Bo Duhé, 16th JDC District Attorney, crossed swords with Judge Lori Landry by accusing her of making accusatory remarks to the effect that the DA’s office “deliberately incarcerate African Americans more severely and at a higher rate than others” and that the DAs office knew or should have known about misconduct at the Iberia Parish Sheriff’s Office that eventually led to the convictions of several deputies in a civil rights case.

Her remarks prompted Duhé to seek her honor’s removal from more than 300 criminal cases throughout out the 16th JDC which includes the parishes of Iberia, St. Martin, and St. Mary.

Duhé, of course, claimed that Judge Landry’s remarks were unfounded. He further argued that Landry, the 16th JDC’s first African-American judge, was “biased and prejudiced” against his office to such an extent that “she cannot be fair or impartial.”

After considerable posturing disguised as testimony in court subsequent hearings, Duhé and Landry kissed and made nice, declaring that they were recommitted to working together and the DA’s office rather unceremoniously dismissed the recusal motions.

Just another day in Louisiana’s hallowed halls of justice.

[You may order Louisiana’s Rogue Sheriffs: A Culture of Corruption ($30) by clicking on the yellow DONATE button in the column to the upper right of this post or by sending a check to Tom Aswell, P.O. Box 922, Denham Springs, LA. 70727.]

 

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When Kimberly Gail Womack was found dead in the bedroom of her Jarreau residence in Pointe Coupee Parish, her daughter Kathryn Simpson assumed there would be a thorough investigation into her death.

Womack, had died little more than a month shy of her 49th birthday of “blunt force trauma to head by assault,” according to the official death certificate. She suffered “left sided (sic) subdural hematoma (brain hemorrhaging generally associated with traumatic brain injury) because of a blow or blows to the head, and “multiple fractured ribs.

Her death was assigned to the parish coroner and Simpson had every reason to believe authorities would devote their energy to find her mother’s killer.

That was on Aug. 1, 2008, and more than 11 years later, no one has been charged with the killing and authorities have attempted to deflect Simpson’s inquiries into her mother’s case, saying (a) that she died from a fall and (b) her lifestyle was the primary contributing factor in her death.

Eighteenth Judicial District Assistant District Attorney Tony Clayton has even implied to Simpson that she “will never know” the full story of Womack’s death.

Those words now seem prophetic since after more than 11 years, the case appears no closer to resolution than ever.

Kim Womack’s “lifestyle” kept resonating with Simpson, who was aware her mother was involved with a West Baton Rouge Parish sheriff’s deputy.

The only problem was, unbeknownst to Simpson, the deputy, WBR Sheriff’s deputy was married. It’s not known if Womack was aware that inconvenient fact.

When the deputy, whom Simpson says she had known all her life, was a no-show for her mother’s memorial, “I got suspicious.”

Clayton refused to provide the investigative report to Simpson. “He told me he would let me see the information but he could not let it get out because of the media got hold of it, it could ruin the deputy’s life and he wasn’t going to do that,” Simpson said.

She said she then went to the office of the deputy’s wife and “slapped my mom’s picture down in front of his wife. I asked if she knew the woman in the picture.” She said she told the woman that her mother was having an affair with her husband and my mom “has now turned up dead.”

Womack had accompanied the deputy to a training session in Lake Charles about three weeks before her death, Simpson said.

She said the man’s wife told her she would present her husband with what Simpson had given her and that the two women would talk the following day.

“I called her the next day and she wasn’t ugly, but she said she couldn’t talk to me anymore,” Simpson said.

“The deputy went to Tony Clayton’s office and threw a fit the next day,” she said. “And that’s the last I ever heard of it (the investigation).”

Ty Chaney, chief investigator for the Pointe Coupee Parish Coroner’s Office, did write a two-paragraph letter dated Jan. 28, 2020 that he attached to the six-page autopsy report in which he stipulated that “This death was a result of a left side Subdural Hematoma from Blunt Force trauma to head.

“This is still a pending homicide investigation with Pointe Coupee Parish Sheriff Office.” The autopsy report added that she suffered “multiple bruises and abrasions on the upper and lower extremities as well as the midfrontal region of the face.”

The problem with any investigation at this point is that Womack’s body was cremated by Rabenhorst Funeral Home of Baton Rouge on Aug. 4, 2008, just three days after her death.

Louisiana R.S. 13:5719 says “…If, after the necessary investigation, the coroner is satisfied that there are no suspicious circumstances surrounding the death, he shall issue a permit for cremation.”

An autopsy was completed but the coroner’s report made it plain that there were “suspicious circumstances. By cremating the body, any evidence that might have been overlooked was gone forever.

When prosecutors and law enforcement investigators are less diligent about solving crimes that are not sufficiently high-profile or because victims lack name recognition, social status or proper connections, or when prosecutors just go for the low-hanging fruit (read: easy cases), then justice is not being served on an equal and impartial basis.

Far from it. In fact, it smacks of either laziness or favoritism.

Clayton earlier this week formally announced his candidacy to succeed his boss, DA Ricky Ward who is retiring. This story likely will invoke howls of a political hatchet job. In an election year, that would be an expected reaction for a political candidate under fire. The truth is, however, that I know little about Tony Clayton and have no axe to grind with him. Nor do I know of any other potential candidate for the DA’s post in the three-parish 18th JDC.

The only dog I have in this hunt is contempt for any public official who appears to be shirking his duty to the people he or she serves or who is otherwise giving less than his/her best. And after 11 years of inaction on the Kim Womack case, it would appear that someone has gone to sleep on the job in the 18th JDC.

The alternative would seem to be that someone is indeed being protected.

 

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“It’s a clemency process for the well-connected, and that’s it. Trump is wielding the power the way you would expect the leader of a banana republic who wants to reward his friends and cronies.”

—Rachel Barkow, professor and clemency expert at New York University School of Law, following Trump’s issuing pardons to 11 people, including former Illinois Gov. Rod Blagojevich, who had attempted to sell Barack Obama’s vacant Senate seat after he was elected president.

 

“Extortion by a public official is a very serious crime, routinely prosecuted throughout the United States whenever, as here, it can be detected and proven. That has to be the case in America: a justice system must hold public officials accountable for corruption. It would be unfair to their victims and the public to do otherwise. While the president has the power to reduce Mr. Blagojevich’s sentence, the fact remains that the former governor was convicted of very serious crimes.”

—Chicago attorneys Reid J. Schar, Chris Niewoehner and Patrick J. Fitzgerald and Cook County Judge Carrie E. Hamilton, in a statement in response to Trump’s pardon of Blagojevich.

 

“There are plenty of issues that we are concerned about.”

—U.S. District Judge Cynthia Rufe of Philadelphia, on the emergency meeting called by the Federal Judges Association to address concerns over Trump’s and Justice Department officials’ intervention in politically sensitive court cases.

 

 

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You gotta love it when someone gets burned for their hypocrisy, tries to jump out in front of the story, and that effort falls flat.

Louisiana Attorney General Jeff Landry, who rails against illegal immigration and sanctuary cities, has the proverbial egg all over his face and his brother Benjamin’s 10-minute VIDEO on Youtube in an effort to blunt the effects of a stellar investigative report by the Baton Rouge Advocate landed with a thud.

And of course, The Hayride internet blog also attempted to come to Landry’s rescue, accusing the Baton Rouge paper of doing a hatchet job on poor Jeff.

Both Ben Landry and The Hayride accused the paper of attacking brother Jeff Landry because he’s a conservative but in doing so, neglected to observe that The Advocate has long been the unofficial official organ for the Louisiana Association of Business and Industry (LABI), quite possibly the most conservative businessmen’s club in the state of Louisiana.

But the bottom line is it’s pretty hard to defend Landry for his latest escapade: being part of a $17 million scam to hire Mexican welders and pipe fitters under H-2B visa rules through three companies owned by Jeff and Ben Landry.

Under terms of the deal, the Mexicans would work for CB&I, the prime contractor on the $7 billion Cameron LNG project in Hackberry in Cameron Parish. The three Landry companies would be subcontracted to a company run by Houston labor broker Marco Pesquera.

Pesquera made millions of dollars by defrauding the immigration system to bring more than a thousand Mexican laborers to the Gulf South but his luck finally ran out when he was convicted and began a three-year prison sentence in December for fraud.

Ben Landry, in his “Poor Me, Poor Jeff” video, blamed all his brothers’ woes on The Advocate and its reliance on a convicted felon for building its case against the attorney general.

Not said in that 10-minute diatribe was the fact that prosecutors like Jeff Landry often use jailhouse snitches, i.e. convicted felons, as the preferred ploy to convict defendants, frequently putting away innocent people, so playing the convicted felon card would seem rather disingenuous. I guess it’s okay when prosecutors do it.

It’s especially curious when you consider how Jeff Landry went to such great lengths to shield Pesquera and his company and his companies’ ties to Pesquera as well as how they embellished their claims for a need for foreign labor, documentation required by the feds.

H-2b visas are supposed to be issued only if there is a shortage of American workers to perform the needed work.

Southern Innovative Services was approved for 113 welders and pipefitters from Mexico and Evergreen got the nod for 195.

Records provided to The Advocate by the Louisiana Workforce Commission showed that 113 local welders and pipefitters applied for positions with Evergreen Contractors, one of three Landry companies involved in the scheme.

Pesquera told The Advocate that none of the Landry companies hired a single American for work—and never intended to.

Brent Littlefield, Jeff Landry’s campaign mouthpiece, refused to respond to repeated questions from The Advocate as to whether Evergreen hired any American welders or pipefitters.

While Evergreen obtained a contractor’s license in June 2018, his other two companies, Prime Response and Southern Innovative Services, have never obtained one as required by law and Jeff Landry, normally quick with the lip, has not responded to questions about the companies’ status regarding state contracting licenses.

And while Jeff Landry, who disrupted a State of the Union Address by President Obama while he was a member of Congress by holding up a sign opposing the drilling moratorium in the Gulf following the BP spill, was uncharacteristically mum in responding to The Advocate’s questions, his brother most certainly was not in his Youtube video.

The Advocate newspaper is on a crusade against my brother—my guess is, for no other reason than because he is a conservative,” Ben Landry said.

You have to wonder if Landry may have used his position as attorney general to lean on CB&I to hire those Mexican workers that he was importing at the same time he was publicly positioning himself as a dedicated opponent of illegal immigration.

Jeff Landry, it seems, couldn’t be satisfied with being a full-time attorney general; he just had to find a way to enrich himself while in office.

Funny, isn’t it, how politicians can conveniently bend their moral compasses so that north is south and east is west.

 

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You can call last September’s arrest of Jerry Rogers several things:

  • Jerry Larpenter, Chapter Deux;
  • SLAPP;
  • Stupid;
  • All of the Above.

Especially stupid.

To refresh your memory, Rogers, a former St. Tammany Parish sheriff’s deputy, fired off an email to the family of slain Nanette Krentel that was critical of the official investigation into Krentel’s murder. Specifically, he leveled his criticism at lead investigator Det. Daniel Buckner, whom he described as “clueless.”

For his trouble, Sheriff Randy Smith directed that Rogers be arrested for criminal defamation, despite being advised by the St. Tammany Parish District Attorney’s office that the state’s criminal defamation law had been declared unconstitutional as to public officials, according to a LAWSUIT filed by Rogers.

Named as defendants in the litigation are Smith and deputies Danny Culpepper and Keith Canizaro.

The arrest and ensuing lawsuit evoked memories of Terrebonne Parish Sheriff Jerry Larpenter who pulled a similar stunt when he spotted an online blog critical of him and other parish officials and promptly had an obliging judge sign a search warrant empowering Larpenter’s office to conduct a raid on the blogger’s home and to seize his computers. Larpenter, in the glow of his triumph, albeit temporary, crowed that when one criticizes him, “I’m coming after you.”

Except, of course, the warrant and the raid were unconstitutional and Larpenter’s office ended up ponying up about $250,000 to soothe the ruffled feelings of aggrieved blogger.

Just the kind of thing to make one wonder where the judges involved obtained their law degrees and why they would sign off on warrants that were so obviously unconstitutional.

But when considering political expedience, the rule of law often takes a back seat to the sweet (but again, temporary) taste of revenge.

In legal parlance, such legal maneuvers are known as Strategic Litigation Against Public Participation (SLAPP), a tactic honed to perfection during the civil rights era by Southern sheriffs and chiefs of police, particularly in Montgomery and Birmingham, Alabama.

Former Gov. Edwin Edwards, when questioned about his observations immediately after Larpenter’s raid but before litigation had been initiated, quipped, “I’d love to be that blogger’s lawyer.”

Prophetic words indeed. A federal judge held in that case that “no law enforcement officer in Sheriff Larpenter’s position would have an objectively reasonable belief, in light of clearly established law, that probable cause existed to support a warrant for the Andersons’ home” because it was based on criticism of a public official.

Now it’s Jerry Rogers’s turn at bat against another ill-conceived move by a sheriff and district court judge, in this case, one Hon. Raymond Childress.

That’s because as early as 2014, the St. Tammany Parish Sheriff’s Office was reminded of the status of Louisiana’s criminal defamation law, the lawsuit says.

The president of the Louisiana Sheriff’s Association in 2014 “described arresting anyone for an alleged violation of an unconstitutional law as a waste of time and resources,” the lawsuit quotes a newspaper article as reporting.

“Sheriff Smith’s actions were intended to deter and chill Jerry Rogers’ exercise of his First Amendment right to express his opinion about STPSO,” Rogers’s petition asserts.

That, by the way, is a classic definition of a SLAPP lawsuit.

Not only did Judge Childress sign off on the AFFIDAVIT FOR ARREST WARRANT, but the St. Tammany Parish Sheriff’s Office even had the presence of mind to issue a self-serving PRESS RELEASE to announce its diligence in protecting its citizens from being exposed to such defamatory criticism and in the process, declaring its utter disregard of the law.

Except for the decision of the Louisiana Attorney General’s office to DECLINE TO PURSUE the case after noting that the Louisiana Supreme Court had “held [that] criminal defamation is unconstitutional insofar as it applies to statements made in reference to public figures engaged in public affairs.

“…[T]he statements made by Jerry Rogers were aimed directly towards a public function of a member of state government. Because the alleged conduct under these specific facts involve statements aimed at a public official performing public duties, this office is precluded by law from moving forward with any criminal action, Assistant Attorney General Joseph LeBeau wrote on January 8.”

So chastened, there was little wiggle room for the sheriff other than to WALK AWAY from his aborted attempt at retribution.

All of which served to invoke the third option in our multiple-choice observation at the beginning of this post:

Stupid.

 

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