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Archive for the ‘Corruption’ Category

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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A lot of people, the media included, expressed surprised that a company owned by Bernhard Capital Partners was awarded a multi-million-dollar consulting contract by the Louisiana Department of Transportation and Development (DOTD) to plan the construction of a new bridge over the Mississippi River in Baton Rouge.

They shouldn’t have been—surprised, that is.

ATLAS TECHNICAL CONSULTANTS of Austin, Texas, was awarded the two-phase contract despite finishing well behind two other firms in evaluations by the state’s technical selection committee. The selection committee’s evaluation notwithstanding, the final selection was made by DOTD Secretary Shawn Wilson, an appointee of Gov. John Bel Edwards.

Atlas received 61.98 points from the committee while Baker International had 72.59 and AECOM had 74.01 points, more than 12 points higher than Atlas.

AECOM appealed Wilson’s decision but in Louisiana, such appeals to fairness and even playing fields generally fall on deaf ears and this was no exception as Wilson UPHELD his decision.

The entire process got Louisiana Congressman GARRET GRAVES in a tizzy, saying DOTD “better have good reasons” for doing a deal with Bernhard.

But as we said, no one should be surprised at Bernhard’s clout. He was, after all, once the state Democratic Chairman and was even rumored once as a potential candidate for governor.

As an illustration of his influence, in May 2017, LouisianaVoice did a story about how first Jindal and then Edwards pushed for a state water PRIVATIZATION CONTRACT with Bernhard Energy of Baton Rouge after a second company’s proposal was rejected in favor of seeking an oral presentation from Bernhard. Even then, another evaluation committee rejected Bernhard’s proposal, saying it was not in the state’s best interest to enter into the partnership with Bernhard because of the exceptionally high costs.

That was in 2015, in the last year of Jindal’s administration and despite the committee’s recommendations, he entered into a $25,000 contract with a Baton Rouge consulting firm to another “Evaluation and Feasibility Study” of Bernhard’s proposal. Even then, Bill Wilson of the Office of State Buildings rejected the proposal, saying it “would not be advantageous for the State of Louisiana in its current form.”

But in April 2017, well into the Edwards administration, Commissioner of Administration Jay Dardenne, in an email to Mark Moses, assistant commissioner for Facility Planning & Control, and Paula Tregre, director of the Office of State Procurement in which he said Edwards said the state “will have the RFP (Request for Proposals) on the street no later than May 31,” adding that the proposal “needs to be a top priority.”

So, of course it happened.

Again, no one should be surprised.

On Aug. 12, 2019, the Baton Rouge Advocate had a story announcing the deal whereby Bernhard will lease chiller systems at the state-owned Shaw Center for the Arts from the state for $3 million over 20 years and the state will buy back the chilled water—used to cool the building—for $6 million. Bernhard will also modernize energy systems at 31 state buildings, including the State Capitol, the Governor’s Mansion and state Supreme Court building in New Orleans, at a cost of $54 million to the state.

Another Bernhard company, Louisiana Energy Partners, will also sell extra chilled water to other companies in downtown Baton Rouge and the deal leaves open the possibility that Louisiana Energy Partners may enter into agreements with Louisiana colleges and universities to privatize their energy systems.

And, of course, who could ever forget the Blue Tarp Debacle following Hurricane Katrina in 2005—the first real indication of the stroke Bernhard has in this state.

The Shaw Group (since sold to Chicago Brick & Iron and Bernhard then started a series of new companies cited earlier in this post) was contracted to place tarpaulins over damaged roofs at a rate of $175 per square (one hundred square feet per square). That’s $175 for draping a ten-foot-by-ten-foot square blue tarpaulin over a damaged roof. Shaw in turn sub-contracted the work to a company called A-1 Construction at a cost of $75 a square. A-1 in turn subbed the work to Westcon Construction at $30 a square. Westcon eventually lined up the actual workers who placed the tarps at a cost of $2 a square.

Thus, the Shaw Group realized a net profit of $100 a square, A-1 made $45 dollars per square, and Westcon netted $28 dollars a square – all without ever placing the first sheet of tarpaulin. Between them, the three companies reaped profits of $173 per square after paying a paltry $2 per square. The real irony in the entire scenario was that the first three contractors – Shaw, A-1, and Westcon – didn’t even own the equipment necessary to perform tarping or debris hauling. By the time public outrage, spurred by media revelations of the fiasco, forced public bidding on tarping, forcing tarping prices down from the $3,000-plus range to $1,000, Shaw and friends had already pocketed some $300 million dollars.

The state threatened prosecution of those who it felt overcharged for a gallon of gasoline in Katrina’s aftermath but apparently looked the other way for more influential profiteers.

And no one was surprised.

 

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