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That investigation into the death of Kimberly Gail Womack 11 years ago has gone from an accidental fall to an unsolved homicide that, because it has morphed into a “pending investigation,” any records pertaining to the investigation, the coroner’s report, the certificate of death, or the autopsy report are off-limits for public release.

So says Ali Zito Meronek, assistant district attorney for the 18th Judicial District.

LouisianaVoice, pursuant to it story of Feb. 19, made the following public records request of DA Ricky Ward, Jr.:

“The complete file on the investigation of the death of Kimberly Gail Womack (August 1, 2008), DOB: 08/0611959, including, but not limited to:

  • The Certificate of Death;
  • The Autopsy Report;
  • A copy of the Coroner’s Permission to Cremate;
  • A copy of the statute governing the cremation of bodies while a homicide investigation is ongoing;
  • The names of all detectives and/or officers actively involved in the investigation.

If any or all of the requested information is not subject to disclosure, please inform me in writing (as per Louisiana’s Public Records Statute) as to the reason for your denial. Also, please provide an update as to the status of this investigation as of Feb. 19, 2020.”

You can read that story by clicking HERE.

On Feb. 27, we received the following response from Meronek:

“As there was no arrest made in conjunction with this investigation, the District Attorney’s office does not have a file in its possession. Furthermore, if we did have an open file in conjunction with this investigation it is our opinion that none of the record is subject to the public records request, as this is an unsolved case that is still under investigation.

“Additionally, it is our position that there is no exception to this rule that records of pending investigations are exempt from public records requests found in LSA R.S. 44:3 which would apply to you or to the office/ entity requesting these records. Furthermore, as there has been no arrest in conjunction with this investigation of any person to date, there is no portion of the file which is public such as would be the case where there had been the arrest of a person (i.e. initial report, excluding narratives, booking information or bills of information or indictment). The case is classified as pending investigation.”

So, what First Assistant DA Tony Clayton blew off by telling Womack’s daughter Kathryn Simpson of Shreveport that she would “never know” the full story of her mother’s death is now a “pending investigation” of more than 11 years with no arrest or resolution in sight.

This case, folks, is beginning to look more and more like one of those cases authorities hope will just fade away so as to protect a married sheriff’s deputy who was having an affair with Womack. Suddenly, the person who might be considered a person of interest is the one being protected as a potential victim while a murdered woman is hopefully quietly forgotten?

Is this how justice is defined in Louisiana? Sadly, it may well be.

With Womack having suffered a side subdural hematoma from a blunt force trauma to the head as well as multiple fractured ribs and “multiple bruises and abrasions on the upper and lower extremities as well as the midfrontal region of the face,” according to the six-page autopsy report, it would seem that the deputy might have at least been questioned as to his whereabouts at the time of Womack’s death.

That’s not to say he would have been tagged as a suspect or even a person of interest. But that would have generated an investigative file, which the DA conveniently does not have.

It would be of some comfort to Simpson to at least know the Pointe Coupee Sheriff’s Office performed a cursory investigation of the scene. Simpson, for example, was initially told there no were fingernail clippings and scrapings taken from her mother’s body—only to learn later that there were. So, what became of those clippings? Were they tested for DNA? Were any neighbors questioned? Did investigators check for area surveillance cameras?

Instead, all we get from the 18th JDC DA’s office is a terse letter informing us that it has no investigative file—and, apparently, no communications from the Pointe Coupee Parish Sheriff’s Office.

Ms. Simpson would like answers and we believe she’s entitled to receive some.

Eleven years is a long time to wait for the phone to ring.

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24/7 Wall Street, that research outfit that reports on vehicle resale values, education, oil, infrastructure, state rankings in poverty, wealth, health, obesity, taxes, crime, and anything else that might possibly be of interest, has come up with a survey with a twist: the worst statistic for each state.

Readers of LouisianaVoice are aware that Louisiana has a lot of negatives—and positives—because we’ve been reporting 24/7 Wall Street’s findings for years now.

But to list the single worst negative for each state tells us a lot about not only Louisiana, but our neighbors as well.

Sadly, for Louisiana, it’s our murder rate: 11.4 murders per 100,000 residents, the highest in the nation and in fact, more than double the national homicide rate of 5.0 murders per 100,000, according to FBI figures.

That pretty much goes hand in glove with another statistic that was not mentioned in the latest survey: Louisiana has the highest incarceration rate in the nation, which has the highest incarceration rate in the world, making Louisiana the prison capital of the world.

In fact, a story in the BATON ROUGE ADVOCATE just last week noted that the number of people serving life sentences in Louisiana today—nearly 5,000—is almost three times the total prison population in Louisiana in 1970.

It should come as no surprise that Louisiana imposes life sentences at the highest rate in the nation—another harsh statistic you won’t find on tourist brochures.

But lest one get the impression the grass is always greener, here’s a peek at the most negative factoids about our neighbors:

Mississippi: Highest poverty rate in the nation (a staggering 19.7 percent, 50 percent higher than the national rate of 13.1 percent).

Alabama: The lowest concentration of mental health professionals of any state (91 for every 100,000 people, far behind Massachusetts which ranks first with more than six times that ratio).

Florida: Hit with more tropical storms and hurricanes (229) than another other state since 1851.

Georgia: the lowest immunization rate (65.6 percent) of young children than any other state for diseases like mumps, measles, and tetanus.

Kentucky: The smallest pension funding ratio of any state (33.9 percent).

Missouri: More drug labs (3,022) over the past 20 years than any other state—far exceeding number 2 Oklahoma with 2,357.

North Carolina: “The highest amount spent on out-of-pocket medical expenses (14% of median income) by residents under age 65.”

Oklahoma: Highest uninsured rate among adults age 19 to 64 (20 percent compared to the national uninsured rate of 12 percent).

South Carolina: More driving deaths per capita (20.4 per 100,000 population) than every other state except Mississippi. The national per capita figure is 11.5 per 100,000.

Tennessee: A larger percentage of adults (5.4 percent) have suffered a stroke than in any other state. Nationally, 3.4 percent of American adults have had a stroke.

Texas: A larger share of the Texas population (18.6 percent) lacks health insurance than any other state. Nationally, the uninsured rate is 10 percent.

Virginia: The worst ratio of minimum wage to what is needed to sustain a family of any state (26 percent). The state also has no mandatory paid sick leave or guarantee for paid time off for a pregnancy and child birth.

West Virginia: Perhaps saddest of all, West Virginia has the highest drug overdose death rate in the nation (48.3 per 100,000 population—far more than double the national rate of 19.2 per 100,000.)

It’s worth noting that even Louisiana’s high murder rate is still less than one-fourth West Virginia’s drug overdose death rate.

Apples and oranges? Yes, of course.

But as I wrote in an earlier post, I love our people, our food, our music and our culture.

I’m still stayin’.

 

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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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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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