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Archive for the ‘Corruption’ Category

Devall and Poe Investigations Compared

Poe Brothers Investigation

Jason and Brandon Poe are brothers who were both Louisiana State Troopers. They were on a hunting trip together on their land in Tensas Parish. They saw what they perceived to be a crime in progress (trespassing and illegal hunting).

They were in a secluded area knowing there was no way they could call for local law enforcement before the subjects left the area. They decided to investigate. They had problems with trespassers and poaching in the past with the two subjects who were suspected of trespassing and illegal hunting. One of the subjects ran away after one of the Poe brothers flagged down the vehicle while he was on foot.

The subjects ended up complaining to someone about the Poe brothers although they never actually filed a complaint form with LSP. LouisianaVoice obtained the documents which indicated Colonel Edmonson was making calls about the incident the following day. Sources indicate Edmonson’s early involvement is not normal.

The Poe brothers ended up being cleared of the allegations made but were still punished with a formal letter of reprimand. A letter of reprimand is a permanent disciplinary action. The reprimand was for violating two internal state police policies; failing to report being involved in an altercation and taking police action while off duty. The subjects in the investigation refused to cooperate with internal affairs. The investigation into the Poe brothers by internal affairs was at the behest of Edmonson. Sources indicate the two subjects were related to the sheriff.

LouisianaVoice received the following reports on the Poe brothers investigation from Louisiana State Police.

CAUTION: ALL THREE REPORTS CONTAIN STRONG LANGUAGE.

(CLICK ON IMAGES TO ENLARGE):

WILLIAM JASON POE PAGE 1

JASON POE PAGE 2JASON POE PAGE 3JASON POE PAGE 4BRANDON POE PAGE 1BRANDON POE PAGE 2BRANDON POE PAGE 3BRANDON POE PAGE 4

Devall Investigation

Captain Kevin Devall is a different story. Mr. Michael Gahagan filed a formal complaint against Devall after an incident at a hunting camp. LouisianaVoice covered this complaint in a previous story. Gahagan alleged he was stopped, assaulted, illegally detained, disarmed, transported against his wishes, and patted down by Devall. LouisianaVoice received the investigation file in this case as well.

Gahagan made allegations that information was leaked by internal affairs to the effect that they were going to cover for Devall. The investigation file indicated there would be a follow up in reference to the leak but none was documented in the files. The allegation of covering for Devall was confirmed by the investigation file itself after speaking to experienced investigators who reported this was a one sided investigation that failed to cover the elements of the alleged offenses. Devall was asked three questions in a polygraph. They were:

    1. Did you participate in the illegal touching of that man? Answer: No. The documents did not show he was asked if he touched the man. Legality is relative to each person involved.
  • Did you illegally touch that man? Answer: No. Again, legality is relative to each person involved. You do not go to a bank robber and ask him if he illegally robbed the bank. You ask if he robbed the bank, if he had a gun, if he pointed the gun, what he said, etc.
  • Did you force that man to ride with you on your ATV? Answer: No. They did not ask if he actually rode with him. Being forced is also relative to the person.

 

The documentation did not show Devall was asked about pertinent aspects of the allegations such as:

  1. Did you touch Mr. Gahagan? If so, explain.
  2. Did you identify yourself as a law enforcement officer?
  3. Did you disarm Mr. Gahagan? If so, explain.
  4. Did you transport Mr. Gahagan anywhere? If so, explain.

These are very important factors in determining an illegal detention. Even with the lack of evidence supporting a thorough investigation, Devall admitted to disturbing conduct. Devall admitted he blocked the only exit with his truck to prevent Gahagan from being able to leave. Devall reported Gahagan parked his truck near his stand and, “inconvenienced me where I couldn’t hunt.” While it may be annoying, it is not a crime. When Gahagan confronted Devall about moving his truck so he could leave, Devall admitted calling him a stupid m—-f—-r “at least 20 times,” according to the Internal Affairs investigative report. Gahagan reported Devall identified himself as a State Trooper. This combined with his truck being blocked in and being called a m—–f—-r at least 20 times would lead a reasonable person to believe they were not free to leave which is the legal standard for establishing a detention. If there was no crime suspected by Devall, this detention was illegal.

Even though this investigation was one sided, it was established blocking Gahagan with his truck and calling him a stupid m—–f—-r at least 20 times was not deserving of any permanent record. Devall was given a letter of counseling which is not a permanent record.

A letter of reprimand can be taken into account with considering promotions; a letter of counseling may not. In fact, a letter of counseling may not be appealed because it is not a permanent record and it may be removed from the personnel file.

Devall is the son of long time Hammond Police Chief Roddy Devall.

Here are excerpts from the Kevin Duvall investigation:

DEVALL PAGE 4DEVALL PAGE 5

KEVIN DEVALLDEVALL PAGE 2DEVALL PAGE 3

Comparing Punishment

The Poe brothers took legal action when they suspected a crime was being committed and were permanently punished. Devall took apparent illegal, unprofessional, and discourteous action in response to being inconvenienced and was not permanently punished. This is an obvious disparity. The common denominator is the relationship to politically connected individuals. No wonder Edmonson is able to get the endorsement of Police Chiefs and the Sheriffs Association.

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As we face the end of eight years of ineptitude, deceit, and whoopee cushion governance, LouisianaVoice is proud to announce our first ever election of John Martin Hays Memorial Boob of the Year.

There are no prizes, just a poll of our readership as to whom the honor should go in our debut survey.

Hays was publisher of a weekly publication called appropriately enough, the Morning Paper in Ruston until his death last year. He relished nothing more than feasting on the carcasses of bloated egos. He single-handedly exposed a major Ponzi scheme in North Louisiana, sending the operator to prison. That got him some major ink in the Atlanta Constitution and the New York Times.

The problem of course, is trying to narrow the field to make the final selection manageable.

The obvious choice for most would be Bobby Jindal, but there are so many other deserving candidates that we caution readers not to make hasty decisions. After all, we wouldn’t want to slight anyone who has worked so hard for the honor.

So, without further ado, here are the nominees, along with a brief synopsis of their accomplishments.

  • Bobby Jindal: Mismanaged the state budget for an unprecedented eight consecutive years. At least there’s something to be said for consistency. In his eight-year reign of error (mostly spent in states other than Louisiana) he managed to cut higher education more than any other state; he robbed public education to reward for-profit charter schools and virtual schools; he gave away the state’s Charity Hospital system (he awarded a contract to the new operators—a contract with 50 blank pages which is now the subject of what is expected to be a prolonged legal battle; he appointed political donors to prestigious boards and commissions, including the LSU Board of Supervisors which, under his direction, fired two distinguished doctors, the school’s president and its legal counsel; He trumped up bogus charges against the director of the State Office of Alcohol and Tobacco Control (ATC) to appease mega-donor Tom Benson and to appoint the husband of his children’s pediatrician to head up the agency; he forced state offices to pay higher rent in order to again accommodate Benson by signing a costly lease agreement with Benson Towers; rather than consider alternative ideas, he simply fired, or teagued, anyone who disagreed with him on any point; he refused Medicaid expansion, thus depriving anywhere from 250,000 to 400,000 low-income citizens needed medical care; he tried unsuccessfully to ram through pension reform that would have been devastating to state employees; he insisted on handing out contract after contract to attorney Jimmy Faircloth who is still searching for his first courtroom victory after receiving well more than $1 million in legal fees; he spurned a major federal grant that would have brought high-speed broadband internet to Louisiana’s rural parishes; he stole $4 million from the developmentally disadvantaged citizens so he could give it to the owner of a $75 million Indianapolis-type race track—a family member of another major donor and one of the richest families in the state; he abandoned his duties as governor to seek the Republican presidential nomination, a quest recognized by everyone but him as a fantasy; he ran up millions of dollars in costs of State Police security in such out-of-state locations as Iowa, New Hampshire, Ohio, and South Carolina; he had the State Police helicopter give rides to his children, and the list goes on.
  • Attorney General Buddy Caldwell: All he did was completely botch the entire CNSI contract mess which today languishes in state district court in Baton Rouge; He consistently turned a blind eye to corruption and violations of various state laws while ringing up what he thought was an impressive record of going after consumer fraud (Hey, Buddy, those credit care scam artists are still calling my phone multiple times a day!); and his concession speech on election night was one for the books—a total and unconditional embarrassment of monumental proportions.
  • Kristy Nichols: What can we say? This is the commissioner of administration who managed to delay complying to our legal public records request for three entire months but managed to comply to an identical request by a friendly legislator within 10 days; We sued her and won and she has chosen to spend more state money (your dollars, by the way) in appealing a meager $800 (plus court costs and legal fees) judgment in our favor; it was her office that came down hard on good and decent employees of the State Land Office who she thought were leaking information to LouisianaVoice (they weren’t); she first reduced premiums for state employee health coverage in order to free up money to help plug a state budget deficit all the while whittling away at a $500 million reserve fund to practically nothing which in turn produced draconian premium increases and coverage cuts for employees and retirees (and during legislative hearings on the fiasco, she ducked out to take her daughter to a boy-band concert in New Orleans where she was allowed to occupy the governor’s private Superdome suite.
  • Troy Hebert: appointed by Jindal to head up ATC which quickly turned in a mass exodus of qualified, dedicated agents; he used state funds to purchase a synthetic drug sniffing dog (hint: there is no such thing as a synthetic drug sniffing dog because synthetic ingredients constantly change; this was just another dog, albeit an expensive one); he launched a racist campaign to rid his agency of black agents; while still a legislator, he was a partner in a firm that negotiated contracts with the state for hurricane debris cleanup.
  • Mike Edmonson: Oh, where do we start? Well, of course there is that retirement pay increase bill amendment back in 2014; there is the complete breakdown of morale, particularly in Troop D; then, there was the promotion of Tommy Lewis to Troop F Commander three years after he sneaked an underage woman into a casino in Vicksburg (he was subsequently fined $600 by the Mississippi Gaming Commission but only after first identifying himself as the executive officer of Troop F and asking if something “could be worked out.”); allowing Deputy Undersecretary Jill Boudreaux to take advantage of a lucrative buyout incentive for early retirement (which, in her case, came to $46,000, plus another $13,000 of unused annual leave) only to retire for one day and return the next—at a promotion to Undersecretary. She was subsequently ordered to repay the $56,000 but thanks to friends in high places, the money has never been repaid (maybe incoming Commissioner of Administration Jay Dardenne would like to revisit that matter); consistent inconsistency in administering discipline to officers who stray—such as attempting unsuccessfully to fire one trooper for assaulting a suspect (even though the suspect never made such a claim) while doing practically nothing to another state trooper who twice had sex with a woman while on duty—once in the back seat of his patrol car.
  • David Vitter: what can we say? The odds-on favorite to walk into the governor’s office, he blew $10 million—and the election. His dalliance with prostitutes, his amateurish spying on a John Bel Edwards supporter, an auto accident with a campaign worker who also headed up the Super PAC that first savaged his Republican opponents in the primary, turning Lt. Gov. Jay Dardenne and Public Service Commissioner Scott Angelle irreversibly against him and driving their supporters to Edwards’s camp. In short, he could write the manual on blowing an election.
  • The entire State Legislature: for passing that idiotic (and most likely illegal) budget on the last day of the session but only after Grover Norquist was consulted about the acceptability of a little tax deception; for allowing Jindal to run roughshod over them on such matters as education reform, hospital privatization, pension reform and financing recurring expenses with one-time money; for being generally spineless in all matters legislative and deferring to an absentee governor with a personal agenda.

Those are our nominees but only after some serious paring down the list.

Go to our comments section to cast your vote in 25 words or less. The deadline is Friday, Dec. 18.

As much as you might like, you are allowed to vote only once.

 

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LSP TOMMY LEWISTOMMY LEWIS

Tommy Lewis, a high-ranking state police lieutenant in Troop F in Monroe was cited by the Mississippi Gaming Commission in April of 2010 for sneaking an underage woman who was not his wife into the gaming area of Ameristar Casino in Vicksburg. He apparently did so in defiance of state law barring anyone under the age of 21 from entering the playing area, according to documents obtained from both Louisiana State Police, the Mississippi Gaming Commission, and from Warren County (Mississippi) Justice Court.

He was subsequently promoted to commander of Troop F by State Police Superintendent Mike Edmonson.

Lewis, who upon being caught, attempted to use his position as a law enforcement officer to “work something out,” was fined $627 by a Vicksburg justice of the peace and was suspended 40 hours without pay by Edmonson.

A trip to Vicksburg by LouisianaVoice turned up nothing. A Helpful deputy we encountered at the courthouse there, however, made several calls on our behalf and learned that the court record had been expunged. But the Mississippi Gaming Commission in Jackson still had records of the citation and Lewis’s court appearance at which he entered a guilty plea. Those documents were mailed to us pursuant to our public records request.

Expunging court records is a costly process. The person seeking the action must pay attorney fees and court costs which, together, can total several hundred dollars.

Three years later, Edmonson promoted Lewis to the rank of captain and named him commander of Troop F. He currently makes $131,000 per year in that position. Lewis was among higher ranking state police officers whom Edmonson assured legislators earlier this year would not be among those getting 30 percent pay increases as a result of two separate pay raise bills for state police passed within six months of each other.

In fact, Lewis, a native of Ferriday and a distant relative of rock and roll singer Jerry Lee Lewis, went from $83,640 per year at the first of the year to $124,150 with the first pay raise on March 1 and then to his current salary on June 24, an overall pay increase of 56.6 percent.

Troop F includes the 12 northeast Louisiana parishes of Jackson, Lincoln, Union, Ouachita, Caldwell, Morehouse, East and West Carroll, Madison, Richland, Tensas and Franklin.

LouisianaVoice obtained a four-page letter of August 2, 2010, in which Edmonson reviewed the events of April 15, 2010, when Lewis, then making $74,200 per year as Executive Officer of LSP Troop F, traveled with seven friends by limousine on a “guys” trip from Monroe to the Ameristar Casino in Vicksburg.

Also obtained were records of the Mississippi State Gaming Commission and Warren County (Vicksburg) Justice Court. Those records were damaged in the mail and at first, only a damaged but empty envelope was received. Days later, the damaged but still readable letter arrived.

Copies of all documents may be examined at the bottom of this story. The damages to the Mississippi documents is readily discernable.

The Edmonson letter further noted that the men were “accompanied by three young ladies hired by the owner of the limo to tend bar during the trip.”

A check of four separate companies in Baton Rouge and New Orleans by LouisianaVoice failed to turn up any limousine services that provide bartenders, female or otherwise. “None of the limo services that I’m aware of provide that service,” said a representative of a New Orleans limo service. “The bars in the limos are very small. That sounds more like escorts than bartenders,” she added.

“Upon entering the casino it was announced that one of the young ladies…was 20 years old and underage, with regard to admission into the casino,” Edmonson wrote. Lewis would have been in his early to mid-40s at the time, according to one source.

Edmonson said Lewis admitted to drinking “during the limo ride and at least two more times in the casino” and that he further admitted that he was aware that the woman was only 20 and that he “accepted the ‘Under 21 minor card’ that was provided for her at the entrance of the casino.

Edmonson said Lewis told investigators that he and the woman “pretended to comply with the security officer’s instructions” regarding the woman’s not being allowed in the playing area of the casino but that the two “had full intentions to enter the playing area anyway” and that they subsequently threw the minor card away “while moving onto the casino floor” with the woman where she proceeded to play blackjack for “a couple of hours” before proceeding to the slot machines “where you inserted money and encouraged her to play the machine.”

Here is where things really got sticky:

After being issued a summons by an agent of the Mississippi Gaming Commission for allowing a minor to gamble and being banned from re-entry into the casino, “it was alleged that you identified yourself more than once as the Executive Officer for LSP/Troop F to the Director of Security and to the Mississippi Gaming Commission agent while asking if there was the possibility of working something out,” Edmonson wrote (emphasis ours). “In addition to the statements you provided during the investigations, security cameras and other witnesses were able to confirm your inappropriate actions while at Ameristar,” he said.

Lewis subsequently “provided an incident report to your commander which was misleading and (which) failed to contain the relevant information needed in a report of that nature,” Edmonson wrote, adding that his false statements placed Lewis in violation of LSP policy which says, “No commissioned officer shall willfully and/or intentionally withhold any information from a report or statement, knowing such information to be relevant to the report or statement.” (Emphasis Edmonson’s).

Edmonson said investigators sustained each of five allegations against Lewis, including:

  • (Failure) of conformance to laws;
  • Making false statements to his commander,
  • Use of intoxicants;
  • (Use of his) Badge of Office (for the purpose of avoiding the consequences of illegal acts);
  • Conduct unbecoming an officer.

“Investigators sustained all five allegations against you,” Edmonson said in his letter. Lewis was also ordered to appear before the Justice of the Peace in Vicksburg, Mississippi, where he was fined $627 for the summons he received from the Mississippi Gaming Commission.

“You are hereby suspended without pay and allowances for 40 hours,” Edmonson wrote. “Your suspension will begin at 0800 (8 a.m.) on Monday, August 30, 2010, and end at 1630 hours (4:30 p.m.) on Friday, September 3, 2010. You will report back to your assigned duty station at 0800 hours on Tuesday, September 7, 2010.

Less than three years later, on July 11, Edmonson promoted Lewis to captain and installed him as commander of Troop F in Monroe in much the same manner that he promoted Lt. Harlan Chris Guillory to captain and made him commander of Troop D after it was learned that Guillory was abusing prescription drugs while on duty. https://www.facebook.com/LouisianaStatePolice/posts/676564355693491

 

Below are documents from LSP and the Mississippi Gaming Commission received by LouisianaVoice. Click on the documents to enlarge them for easier reading:

TOMMY LEWIS LETTER PAGE 1TOMMY LEWIS LETTER PAGE 2TOMMY LEWIS LETTER PAGE 3TOMMY LEWIS LETTER PAGE 4IMAG1521IMAG1522IMAG1523

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JINDAL BOOK COVER

            We have a book cover!

Just a reminder that my latest book, Bobby Jindal: His Destiny and Obsession, is scheduled for publication in early January but you may pre-order your copy now.

To make the deal a little more enticing, we have a cover for the book. The photo of Jindal is just as unflattering as the contents of the book which presently appears to be about 500 pages.

If you order by clicking on the book cover’s image at the right, your order will be placed through Cavalier House Books of Denham Springs, a locally-owned independent bookstore.

Why would I encourage you to order through Cavalier House?

Two reasons.

  • First, by placing your order this way, you support a local independent book store, a cause I strongly endorse.
  • Second, because I live only about two blocks from Cavalier House Books, proprietor John Cavalier will summon me to sign each copy before he ships them out.

If you opt to purchase through Amazon or a big chain store, you’re hurting local business owners—much like shopping at Walmart instead of patronizing locally-owned stores. Moreover, you won’t get signed copies through those outlets.

Unless otherwise instructed, each signed book will be personalized to the name of the person ordering it. If you wish your copy signed to someone else (if it is a gift, for instance), please email me at:

louisianavoice@cox.net

DO NOT ORDER YOUR BOOK FROM THIS EMAIL ADDRESS. Order through Cavalier by clicking on Jindal’s photo at above right and email me separately on signing instructions.

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If you were to seek two cases that stand as glaring testimony to the way in which the Jindal administration employs a double standard in addressing legal and ethical issues, you need look no further than the cases involving Murphy Painter and Jeff Mercer.

Though the men never met and while one was a state employee and the other a private contractor, together, the two represent the composite poster child for victims of political favoritism and corruption. Both fell prey to unethical behavior and of the way political priorities have been set by the Jindal administration for the past eight years.

We have chronicled the manner in which Jindal and his henchmen made Painter a scapegoat by firing him from his post as director of the State Office of Alcohol and Tobacco Control (ATC). We have shown how, when he refused to knuckle under and bend the rules for the benefit of Anheuser-Busch distributor Southern Eagle, SMG (the Louisiana Superdome management company), the Louisiana Stadium and Exposition District (LSED) Board, and Tom Benson, Jindal not only fired Painter but even tried (unsuccessfully) to prosecute him in federal district court on bogus criminal charges of computer fraud.

Not only was Painter acquitted of all (there were 42 counts, none of which stuck) charges, but the state then was required to repay Painter’s legal costs of $474,000.

Another embarrassment for Jindal: ex-ATC commissioner Murphy Painter wins defamation suit against his accuser

LouisianaVoice was the first—and only—news service to suggest (correctly, it turned out) that Painter, instead of a criminal, was the victim of a political scheme intended to remove him from his position after he refused to approve an incomplete application by SMG for a permit to erect a large tent at Benson’s Champions Square adjacent to Benson Towers across from the Superdome. The tent was to house beer sales by Southern Eagle on Saints game days. https://louisianavoice.com/2013/02/06/emerging-claims-lawsuits-could-transform-murphy-painter-from-predator-to-all-too-familiar-victim-of-jindal-reprisals/

Jindal executive counsel Stephen Waguespack, now President of the Louisiana Association of Business and Industry (LABI), insisted—twice—that the permit be expedited, Painter asked that he put his concerns in writing but Waguespack responded that he was far too busy to reduce his demands to writing (which would’ve left a paper trail, don’t you see).

Instead, Painter was simply fired and SMG got its permit. Of course, it was mere coincidence that the Benson family, SMG, its law firm, Southern Eagle and members of the LSED Board had combined to dump more than $207,000 into Jindal’s campaigns between 2002 and 2012.

Quick as the Jindal crowd was to administer justice (read reprisals) in the Painter case, it was painfully slow in ferreting out reports of corruption in one of the largest agencies in the state—the Department of Transportation and Development—and even slower in addressing those reports with the proper corrective measures. The fact is, nothing was ever done about reports of attempted shakedowns of a DOTD contractor and the subsequent harassment of that same contractor that eventually put him out of business.

It turned out to be an expensive oversight on the state’s part.

On Friday, a 12-person jury returned a unanimous verdict in which it awarded Jeff Mercer of Mangham $20 million, plus eight years (and counting) of judicial interest for allowing DOTD supervisors to condone demands of cash and equipment from Mercer by a DOTD inspector (we call that extortion where I come from; the inspector allegedly threatened Mercer with inspection problems with his work). Moreover, Mercer was able to prove that DOTD deliberately withheld payments for work performed by Mercer as payback for his whistleblowing, first reported by LouisianaVoice in April of 2012. https://louisianavoice.com/2014/04/09/contractor-claims-in-lawsuit-that-dotd-official-attempted-shake-down-for-cash-equipment-during-monroe-work/

Story of attempted contractor shakedown broken 2 years ago by LouisianaVoice results in $20 million verdict against state

Mercer had even taken his complaint to the governor’s office, but nothing was ever done. No referral to the Inspector General’s office. The IG, by the way, works directly for and answers only to the governor and was prompt enough to bring charges against Painter three years ago.

So, the question must be asked: why was the governor’s office not front and center in taking appropriate action on reports of extortion, threats of federal prosecution against Mercer, and refusals to pay for work performed by him?

Why was the demand for compliance so urgent in the Painter case and the concern so lacking in the Mercer case?

To paraphrase Jindal: two words.

Campaign contributions.

Benson, SMG, and members of the LSED Board were major Jindal campaign contributors. Mercer was not.

Benson and his associates were friends of Jindal and as such, they possessed massive political power that the governor could not ignore—nor did he wish to.

Mercer was a small contractor from the small North Louisiana town of Mangham, situated about halfway between Winnsboro and Rayville—and smaller than each of those. He was not influential.

He was, they thought, an insignificant little nobody who could be ignored because he had neither the influence nor the political muscle to make himself heard over the rattle of dinner plates at the governor’s mansion or over the lofty, self-serving campaign rhetoric about Jindal’s gold standard of ethics.

The administration, it turns out, committed the worst tactical error possible in warfare and politics: it vastly underestimated the determination of a little man when he is truly pissed and it woefully underestimated the indignation and ire of a 12-person jury upon their hearing of the injustice heaped upon one of their own by an uncaring bureaucracy and of the unscrupulous actions of those within that same bureaucracy.

And boy, does it ever feel good when the underdog wins one!

 

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