Feeds:
Posts
Comments

Archive for the ‘Courts’ Category

So, just why did Second Circuit Court of Appeal candidate Judge James “Jimbo” Stephens of Baskin pay a convicted drug dealer to help him get out the vote for his re-election campaign when all across the country there are full-fledged efforts to prevent volunteers from transporting voters to the polls?

Apparently, the answer depends upon whose ox is being gored. Put another way, perhaps there’s a double standard being applied as conditions dictate.

The FRANKLIN SUN recently ran an article in which it cited state campaign finance records as showing that Stephens’ re-election campaign shelled out $500 to Tyrone “K9” Dickens’ company, K-9 Outreach, last May.

Stephens, in an interview with THE OUACHITA CITIZEN, a sister publication to the Winnsboro newspaper, said his campaign paid Dickens to help get out the vote but later tried to walk back that statement. Under further prodding, Stephens admitted his campaign paid Dickens for a “sponsorship” that involved the use of his (Stephens) campaign materials.

Dickens, who vehemently denied that he was paid to help Stephens, has a long STRING OF ARRESTS dating back to 1986 on multiple drug charges, including distribution of cocaine, distribution of methamphetamine, indecent behavior with a juvenile, two charges of forcible rape (both dismissed), domestic abuse battery, and violation of a protective order.

Dickens’ former wife told authorities that a protective order was useless because her former husband often boasted of his political connections with police, judges, and Monroe Mayor Jamie Mayo

“Judge Stephens never paid me, never, to help him with no campaign or to help get no vote,” Dickens told The Citizen. “I don’t know where that lie came from.”

Tyrone Dickens: “Wen (sic) God on your side don’t tell me you can’t change. It was a (sic) honor to be ask (sic) by governor John Bell (sic) Edward (sic) to help with his campaign again. A (sic) honor to stand beside attorney & State Representative Katrina Jackson, Judge Milton Moore, & Kevin Horn, people who I look up to they never forget where they came from. An’t (sic) God good. Its (sic) change going to come.”

“We were told that he (Dickens” was reformed and a community leader,” Stephens said. “I do not know his personal background. I hope Mr. Dickens will support us.”

In something of a surprise, Dickens told The Citizen that he was going through the legal process of getting his criminal record expunged.

A north Louisiana source told LouisianaVoice that State Rep. Katrina Jackson and 2nd Circuit Court of Appeal Judge Milton Moore (see photo above) are working behind the scenes to get Dickens a “gold seal” pardon from Gov. John Bel Edwards.

Dickens: “It feels good to be able to stand with State Representative Katrina Jackson (center) & Supreme Court Judge Marcus Clark (right)in the House of Representative (sic) Chambers. Both of which I had the privilege of campaigning for, and ultimately led to them being elected!”

In addition to the local district attorney’s office’s dismissing charges against Dickens, former 4th Judicial District Assistant DA Madeleine Slaughter paid Dickens $900 from her campaign to distributed push cards at the parish fair when she ran unsuccessfully for Ouachita Parish clerk of court. Slaughter is currently employed as an assistant attorney general under AG Jeff Landry.

Read Full Post »

If it’s an adverse court judgment, it must be Iberia Parish.

Right.

And if it’s Iberia Parish, it must be the office of Sheriff Louis Ackal.

Right again.

Ackal, who has already been hit with enough judgments to paper the entire Iberia Parish Courthouse, has just been tagged again.

Ackal’s office alone is responsible for judgments averaging more than $25,000 per month for every month of his 10 years in office. The total has now zoomed past $3 million, surpassing much larger parishes like Orleans, Jefferson, Caddo, and East Baton Rouge.

The latest judgment, signed by 16th Judicial District Court Judge Lori Landry on September 21, awarded $122,500 to Brian Riley who was bounced around his jail cell like a ping pong ball in a whirlwind and doused with an entire can of pepper spray—all while handcuffed and conveniently out of sight of jailhouse surveillance cameras.

The judgment stems from an incident on Feb. 24, 2015, when Riley was being fingerprinted by a female deputy, Lt. Rachita Rhine, who accused him of touching her in an inappropriate manner and proceeded to scream expletives at Riley. That attracted the attention of Deputy Camisha Jackson. whose response was described in the judgment as “very deliberate.” She retrieved a can of pepper spray and proceeded to a holding cell where Riley had been secured, alone and handcuffed. Jackson promptly emptied the entire can of pepper spray in Riley’s face.

No sooner than that task was completed then Lt. Rhine’s assistant warden husband, Capt. Jackie Rhine who did his impersonation of Muhammad Ali on Riley’s face in what the judgment described as an “unsolicited and senseless beating. Capt. Rhine, in administering the beating of Riley, ignored the advice of bystanders to let other officers handle the prisoner. As officers were removing Riley from the holding cell, Rhine took the opportunity to strike the prisoner in the face in what the judgment called a “sucker punch.”

Rhine said the last punch was in response to a comment from Riley, though he was unable to say at trial what the comment was. Moreover, a witness to the entire sequence of events, Sgt. Joshua Chipman, denied ever hearing Riley make a comment.

“It is noteworthy,” Judge Landry said, “that the last incident occurred outside the holding cell but in an area that was not covered by cameras and none of the abuse inside the cell was captured on tape because the view was obscured” by deputies (again, conveniently) positioned “so as to shield the activity occurring in the cell.

Initial allegations by Jackson and Capt. Rhine of a combative prisoner “were never supported by the internal investigation or their later admissions,” the judge said, adding that video of the fingerprinting of Riley “could not support the allegation of an improper or intentional touching…”

Since Ackal took office in 2008, more than 30 lawsuits have been filed against his office in federal state courts. At least five inmates have died in the custody of the Iberia Parish Sheriff’s Office under his watch.

Ackal’s predecessor, Sit Hebert, a retired state trooper, was instrumental in disbanding the New Iberia Police Department, only recently reinstated after crime got completely out of control under Ackal, a retired state trooper.

One announced candidate for the 2019 election, Tommy Romero, is a retired state trooper whose daughter is an assistant district attorney for the 16th JDC. It is also rumored that another current state trooper, Murphy Meyers, who is expected to retire, may qualify to run.

Perhaps the time has come for voters in Iberia Parish to consider a candidate other than a retired state trooper for sheriff.

It’s not like troopers retire on a pauper’s pension, so it can’t—or shouldn’t be—that they actually need the additional salary, which for sheriffs in Louisiana averages more than $150,000 in annual salary and something approaching $200,000 after other perks are factored in.

 

Read Full Post »

LouisianaVoice may have to move its operations to Iberia Parish just to keep up with the shenanigans of Sheriff Louis Ackal, District attorney Bofill Duhé and Assessor Ricky Huval.

We might as well for any information we might pry out of the office of Attorney General Jeff Landry about his investigation of a criminal case in Iberia involving the son of a supporter of both Landry and Duhé.

Landry is so preoccupied with his dual role as Donald Trump’s leading Louisiana lackey and Gov. John Bel Edwards’ primary adversary, it’s going to be interesting to see how he manages to do his job as attorney general.

Meanwhile, there’s the question of Duhé’s First Assistant District Attorney Robert C. Vines and his part in the investigation of the illegal manipulation of the Cypress Bayou Casino’s employee and payroll databases.

The Cypress Bayou Casino is run by the Chitimacha Indian Tribe in St. Mary Parish and in June 2016, the tribe’s chairman, O’Neil Darden, Jr., was ARRESTED by State Police on charges of felony theft, accused of stealing from the tribe by tinkering with the casino’s data bases that resulted in his receiving and “annual bonus” of several thousand dollars to which he was not entitled.

Duhé’s office is handling the prosecution and Vines was named lead prosecutor.

The problem with that is Vines is also the prosecutor for the Chitimacha Tribal Court. He was appointed to the post in January 2016 by….(wait for it)….Darden.

That case was originally set for trial last January but was removed from the docket and continued to May 1. But that trial date also was continued and the matter is now set for trial August 29.

Meanwhile, LouisianaVoice has received a non-response response to our public records request into the status of its investigation of Taylor Richard, accused of sexually molesting toddler siblings, daughters of his girlfriend.

Taylor Richard’s father, James Richard is a political supporter of both Duhé, having contributed $2600 to his campaign in 2014 and 2015, and Landry.

Landry got the case because Renee Louivere, who had previously worked as an assistant district attorney for the 16th Judicial District which includes the parishes of Iberia, St. Martin and St. Mary. She left the DA’s office and enrolled as Taylor Richard’s legal counsel while in private practice.

But then she returned to the DA’s office and currently works in the St. Martinville office. That created a conflict which allowed Duhé to punt the case to Landry and the AG’s office in Baton Rouge.

Last Thursday, we received the following email from Landry’s office:

From: LADOJ – Public Records Center <louisianaag@mycusthelp.net>
Sent: Thursday, July 26, 2018 2:21 PM
To:
Cc: wisherr@ag.louisiana.gov
Subject: [Records Center] Public Records Request :: R000178-070918

RE: PUBLIC RECORDS REQUEST of July 09, 2018, Reference # – R000178-070918

Dear Mr. Tom Aswell,

In response to your public records request pursuant to La. R.S. 44:1 et seq, which our office received on July 09, 2018, the information you requested has been processed. You sought records related to the following:

“The AG’s investigative file for Taylor Richard of Iberia Parish.”

Louisiana’s Public Records Law, specifically La. R.S. 44:3(A)(1), exempts records held by the office of the attorney general which pertain “to pending criminal litigation or any criminal litigation which can be reasonably anticipated, until such litigation has been finally adjudicated or otherwise settled…”

As the matter of Taylor Richard is pending criminal litigation, the file you seek is not subject to disclosure and our office must respectfully decline to produce these records at this time.

Louisiana Revised Statutes 44:3(A)(4), however, allows release of the initial report for this matter. Copies of these records are invoiced below.

After a diligent search, our staff have (sic) identified three (3 ) pages of records which are responsive to your request. The records are not electronic. If you wish to receive physical copies of these records, pursuant to La. R.S. 39:241 and La. Admin. Code Title 4, Part 1, Section 301, there is a charge of .25 per page. The billing is as follows:

3 pages @ .25 per page = $0.75 

TOTAL:  $0.75

If you have any questions or need additional information, please feel free to contact our office. 

Best regards,

Luke Donovan
Assistant Attorney General

Besides brushing up on grammar, Landry’s office could also stand a remedial course in math.

What we got was two, not three, pages of a heavily-redacted report (a third page was blank) that confirmed that the AG’s office was indeed investigating a complaint of the sexual battery (redacted) against a female of (redacted) age in a New Iberia home by Taylor Richard.

The only way it could be determined that the battery was against a child was that the complaint was made by an employee of the “Department of Child Services” (actually, the Louisiana Department of Children and Family Services).

The report had one other grisly revelation. It noted that the sexual battery was “completed” and not simply attempted and after the words Criminal Activity on the complaint form was the word “Other.”

We can hope it won’t take Landry two years to complete this investigation the way it did for him to finish up the probe of the Union Parish jailhouse rape. But this is Jeff Landry and if he can’t see a political advantage, he just doesn’t give a rat’s behind.

Read Full Post »

The Louisiana Supreme court maintains an attractive WEB PAGE that provides all sorts of information. Among other things, there are these handy features:

BIOGRAPHIES of JUSTICES;

BAR EXAM RESULTS;

FREQUENTLY ASKED QUESTIONS ABOUT the COURT;

POLICY for MEDIA;

There’s even a link to the ATTORNEY DISCIPLINARY BOARD, the board that hears complaints about attorneys’ professional and private practices and metes out punishment ranging from required counseling to disbarment.

That can be a good thing in case you’re looking for an attorney to represent you. You wouldn’t want to hire legal counsel who has a nasty habit of showing up drunk in court or who doesn’t ever get around to dispensing monetary awards to clients or worse, someone who neglects a case until it prescribes.

And the court’s DECISION and RULES link can be especially brutal. It lists each individual case and goes into minute detail in laying out every charge against an attorney, no matter how personal, and then announces to the world what the Supreme Court deems to be an appropriate punishment.

Woe unto any attorney who gets caught DRIVING UNDER the INFLUENCE or who forgets to PAY HIS TAXES.

Of course, the same goes for judges found guilty of judicial misconduct, right?

Well, to borrow a phrase from an old Hertz car rental commercial: not exactly.

There is a JUDICIARY COMMISSION and it does investigate and resolve complaints against judges—or so it says.

There’s even a handy-dandy JUDICIAL COMPLAINT FORM for anyone with a beef against a judge.

But try as you might, there doesn’t seem to be a link that lists actual complaints and actions taken against judges by the Judiciary Commission. An oversight, we were sure.

So, we placed a call to the Supreme Court. Surely, there was someone there who could direct us to the proper link so that we might know the status of say, one JEFF PERILLOUX, Judge of the 40th Judicial District in St. John the Baptist Parish.

Perilloux, 51, was suspended by the State Supreme Court following his indictment on charges he sexually assaulted three teenaged girls, friends of his daughter, while on a family vacation in Florida.

This is the same Judge Perilloux who, while a parish prosecutor in 2010, was arrested for DWI. In that incident, he threatened a State Trooper, falling back on the time-honored “Do you know who I am?” ploy, advising the trooper that, “I am the parish attorney. I’m not some lowlife.” Good to know, sir. Here’s your ticket.

Then there are the two judges from IBERVILLE PARISH who were suspended in 2016.

And who can forget the judges caught up in the OPERATION WRINKLED ROBE federal investigation?

Well, apparently, the Louisiana Supreme Court’s Judiciary Commission has no problem forgetting those cases. Or at least ignoring them. Try finding any mention of those on the Supreme Court’s information-laden web page.

So, we made a call to the Supreme Court.

But, alas, we encountered the old familiar stone wall when we inquired into the status of investigations into judicial misconduct. The person to whom we spoke did offer to direct us to the judicial complaint form so we had to explain a second time that we did not wish to file a complaint but instead, wanted to find information about action taken against wayward judges.

“We don’t release that information,” we were told. “The only way that gets publicized is if the media finds out about it.”

“But, but, but, you list attorney disciplinary action…It seems the public has as much right to know about judicial discipline as about attorney discipline—maybe even more of a right.”

“We don’t release information on judges.”

Here is the relevant rule applicable to records:

Rule XXIII, Section 23(a) of the Rules of this Court be and is hereby amended to read as follows:

Section 23.

(a) All documents filed with, and evidence and proceedings before the judiciary commission are confidential. The commission may provide documents, evidence and information from proceedings to the Louisiana Attorney Disciplinary Board in appropriate cases when approved by this court. In such cases, the confidentiality provisions of La. S. Ct. Rule XIX, Section 16A shall be maintained. The record filed by the commission with this court and proceedings before this court are not confidential.

In the event a judge who has received notice of an anticipated judiciary commission filing in accordance with Rule XV of the rules of the judiciary commission, moves in advance of the filing to place any or all of the anticipated judiciary commission filing under seal, the judiciary commission shall file under seal its recommendations, findings of fact and conclusions of law, the transcript of the proceedings, and exhibits. The filing shall remain under seal until such time as the court has acted upon the judge’s motion.

Which, I guess, is just another way of saying, “We take care of our own.”

Read Full Post »

Facing discipline that included recommendations of demotion, reassignment, removal from the SWAT team and a 160-hour suspension without pay, he RESIGNED from the Opelousas Police Department.

When he next popped up, he was working as a public information officer for the St. Landry Sheriff’s Office where he tried to transform his image into that of some sort of John Wayne-George Patton clone.

But that went south as well when it was learned that his salary was being garnished by the FBI because he had paid NO FEDERAL INCOME TAXES for several years and that he was about $100,000 behind in his CHILD SUPPORT payments.

So, it was only natural that Clay Higgins would benefit from the 2016 Trump wave that would sweep him INTO OFFICE as U.S. Representative from Louisiana’s Third Congressional District.

During the 2016 campaign, he was taped by his ex-wife in a TELEPHONE CONVERSATION in which he said, “I’m just learning really about campaign laws…but there’s going to be a lot of money floating around.”

Higgins has established himself in the same mold as state and federal offices-holders Leander Perez, John Rarick, and David Duke in the two short years he has served in Congress.

Mildred “Mimi” Methvin wants to alter the image of the 3rd Congressional District to reflect a more rational approach to addressing the district’s problems at what she calls a “pivotal moment” for the district, state and the country.

Former U.S. Magistrate Judge Mimi Methvin, right, discusses her candidacy for U.S. Representative from the 3rd Congressional District with Ellen Torgrimson, New Orleans, of the League of Women Voters.

She is one of six challengers to Higgins—three other Democrats (one of whom just switched from Republican a few weeks ago), a Libertarian, and a Republican. If qualifications and past performance are any kind of barometer, she would be the hands-down selection as the candidate with the best chance of unseating the enigmatic Higgins.

Mildred “Mimi” Methvin, left, formally qualifies to run for U.S. Representative from Louisiana’s 3rd Congressional District last Wednesday. Looking on is Meg Casper of the Louisiana Secretary of State’s office.

Methvin has worked as a prosecutor in the U.S. Attorney’s office and served 26 years as a U.S. magistrate judge. Magistrate judges are selected on the basis of merit and she was vetted for each of her three terms. In that position, she mediated several complex litigation cases and in 2009, she returned to private practice, having just won a $1.2 million award for a Rapides Parish teacher.

“Our Constitution is a moral covenant,” she says. “The question that must be addressed is this: Does the voice of the average American still count or is the voice of corporate America the only voice heard?

“The people of the 3rd District need to be independent, not bought by the special interests,” she said.

To that end, unlike Higgins, she has eschewed PAC contributions while Higgins has accepted nearly a quarter-of-a-million dollars in PAC money thus far, including contributions from political action committees representing big oil, utilities, defense contractors, health care companies, insurance companies, chemical companies, the NRA (through Russian operatives perhaps?), and even an outfit called the “Support to Ensure Victory Everywhere PAC.”

Methvin listed health care, coastal restoration, and income equality as issues that are important to the district. She was harshly critical of what she described as the transfer of wealth to corporations and of recent attacks by the Trump administration on NATO—and of Higgins’ voting record in Congress.

“Congressman Higgins has turned his back on promises he made as a candidate. Ninety thousand of his constituents have lost their health care while he has put dollars in the pockets of the rich. He is in lock step with the corporations.”

She accused Higgins of “incontrovertible fealty to party loyalty” over the interests of his constituents.

Having once presided over a major case in which a sheriff’s department was held liable for beating an innocent suspect with a metal baseball bat, Methvin definitely has the chops to be tough while standing up for the interests of the citizens of the district.

Higgins’ unwavering devotion to Donald Trump notwithstanding, this could be the most interesting race of all six congressional districts.

 

Read Full Post »

« Newer Posts - Older Posts »