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Archive for the ‘Crime’ Category

Just the good ol’ boys
Never meanin’ no harm
Beats all you never saw
Been in trouble with the law
Since the day they was born

                                  —Theme from The Dukes of Hazzard by Waylon Jennings

The recent actions of State Rep. STEVE PYLANT (R-Winnsboro) most probably were not the intended consequences of the CRIMINAL JUSTICE REFORMS passed by the Louisiana Legislature in 2017.

Pylant represents House District 20 which includes all or parts of the parishes of Caldwell, Catahoula, LaSalle, Tensas and Franklin.

In 2013, Pylant was one of only two members to vote against a bill to give special consideration to veterans of the armed forces who are arrested or convicted of a crime: “I support veterans 110 percent,” he sniffed at the time, “but when someone violates the law, we should be fair and impartial, no matter who they are. Everyone has problems … I don’t think it’s fair to be more lenient on some than others because of their military background.”

He currently serves a vice chair of the House Committee on the Administration of Criminal Justice and in 2015, he voted against reducing the penalties for the possession of marijuana.

The following year—and again in 2017—he voted against Senate Bill 180 (Act 343) which provided exemptions from prosecution for anyone lawfully possessing medical marijuana.

In 2017, he voted in favor of Senate Bill 70 (Act 108) that make misbranding or adulteration of drugs under certain circumstances a felony.

He also supported drug testing of welfare recipients and the right of concealed carry in restaurants that sell alcoholic beverages;

That seems about right for the man who, before entered the Louisiana Legislature in 2012, served for 16 years (1996-2012) as the high sheriff of Franklin Parish.

So, with all those law and order credentials, how did it come to be that Rep. (formerly Sheriff) Pylant would come galloping in on his white horse to secure a property bond of $90,000 to spring four convicted felons from jail in Catahoula Parish in December 2018?

Perhaps they weren’t members of the military, thus earning them greater consideration for leniency.

Or perhaps one of those arrested is the brother of a member of the Franklin Parish Sheriff’s Office and the judge, a tad more adherent to the law than those seeking to exert political influence, noted that he could not grant bail to one and not the others.

All or none, in other words, so Rep. Pylant obligingly ponied up the $90,000 property bond for all four defendants, each of whom had prior drug convictions as well as other assorted convictions spread among them.

The four were said to have been hunting on private property in Tensas Parish and were originally booked on promises to appear in Catahoula court on bonds of $5,000 each as set by Judge John Reeves. But Seventh Judicial District Attorney Brad Burget said when he reviewed the clerk’s file that showed the four were all convicted felons, he determined that “an appropriate bond” had not been set.

Booked on Dec. 8 were Jamie Dewayne Roberts, 45, Michael S. Linder, 49, and Trampas Barton, 43, all of Wisner, and Steve Drane, 50, of Gilbert.

Roberts, at the time of the arrests, was armed with a CVA Elite Stalker 35 Whelen rifle and in addition, had a concealed .22 magnum North American Arms revolver in his front pocket. Barton had a Model 7400 Remington 30.06 rifle. Linder had in his possession of CVA Elite Stalker 35 Whelen rifle, and Drane had a Browning A bold 325 WSM rifle.

Convicted felons are prohibited by law from possessing firearms.

Catahoula Parish Sheriff Toney Edwards said that after the four were booked, he received a call from Bryan Linder who asked that his brother, Michael Linder, be released on a PTA—promise to appear in court.

Bryan Linder works for the Franklin Parish Sheriff’s Office, the office once headed by Rep. Pylant, so it’s pretty easy to connect the dots on how things went down from that point.

But, for the moment, let us examine those felony conviction records of the four.

  • Jamie Dewayne Roberts: possession of methamphetamine in 2010; theft of anhydrous ammonia (used in the manufacture of methamphetamine, or meth) in 2016, an indication he didn’t learn much from his first conviction.
  • Trampas Barton: Distribution of methamphetamine in 2016, five additional convictions for burglaries and two more for drugs.
  • Michael S. Linder: Manufacture of methamphetamines.
  • Steve Drane: Manufacturing meth and on parole until 2021.

At least they weren’t involved in the possession or distribution of marijuana. That’s something Pylant, as your basic law and order representative, just couldn’t abide.

So thank your lucky stars you’ve got protection
Walk the line and never mind the cost
And don’t wonder who them lawmen was protecting
When they nailed the savior to the cross

                            —The Law is for Protection of the People, Kris Kristofferson

 

 

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Rampant drug deals, police officers taking McDonald’s lunches to the police chief’s son at school, a fundraiser that reportedly raised $50,000 for a wounded officer which he never received, and termination of a department officer who only tried to do his job.

Just another day at the Jennings Police Department.

But every now and then, the good guys win one.

Christopher Lehman, a retired Navy veteran and a resident of Jennings, has reached a confidential SETTLEMENT believed to be in the six-figure settlement range with the City of Jennings and its former Police Chief for wrongful termination.

Lehman, who also is a retired federal government civilian employee, joined the Jennings Police Department in June 2013 as a community services coordinator after having reported suspicious activity on his street beginning back in 2011.

His duties with the Jennings PD included overseeing the city’s Neighborhood Watch program.

And his troubles began when he started watching his own neighborhood as a representative of JPD.

And someone didn’t like it so, in December 2015, he was suspended.

Generally, law enforcement officials are quick to tell you, “If you see something, say something.”

But it appears others don’t want people rocking the boat or airing the city’s dirty laundry, i.e. the proliferation of illegal—and unrestrained—drug activity. In short, upstaging the local police chief. And saying something can sometimes get you fired.

Remember: Jennings is in Jefferson Davis Parish and Jefferson Davis Parish is where the murders of eight prostitutes between 2005 and 2009 remains unsolved to this day. The victims were said to have been heavily involved in the area’s drug culture, the issue that was—and remains—at the center of Lehman’s termination.

Lehman, you see, took his duties seriously and when he began reporting suspected drug trafficking on Isabelle Street, his days as a member of the Jennings Police Department were numbered.

It just so happens that Lehman resides on Isabelle Street, so he had an up-close look at the activity on the dead-end street. Some days, as many as 100 vehicles made their way to the end of the street where a couple resided in a dilapidated mobile home that, it would turn out, was in violation of a number of local building codes.

None of the cars turning into the driveway of the trailer stayed more than a few minutes and when a suspicious Lehman installed a high-tech surveillance camera to record the comings and goings, his career at Jennings PD went south in a hurry.

Add to that atmosphere the fact that then-Police Chief Todd D’Albor, who referred to Lehman as his department’s “token nigger,” according to the sworn CLAUDE GUILLORY AFFIDAVIT, a 27-year veteran of the Jennings PD, and you have a department with internal problems.

Former officer Debbie Breaux testified in her SWORN DEPOSITION, that D’Albor would make her shuttle his son to and from school and to take his lunch to him at school each day. She also would take the city mower to the chief’s home so he could cut his grass (at least he didn’t have her perform that chore).

“I knew it was all wrong and I shouldn’t have been doing it,” she said in her deposition of Oct. 29, 2018, “but what was I supposed to do? He was the chief, he told me to do it. I have no protection. I’m not civil service. He could have fired me on the spot.”

And then there is the case of officer RICKY BENOIT, shot in the neck while responding to a domestic disturbance call in 2014..

Chief D’Albor spearheaded a skeet shoot and silent auction on Benoit’s behalf and reportedly raised about $50,000.

Problem is, Benoit says he never received a penny of the benefit money.

But it was the deposition of Jennings officer CHRIS WALLACE that proved to be really eye-opening. His testimony, along with that of Debbie Breaux and the affidavits of Guillory and Priscilla Goodwin, most probably convinced the city to settle Lehman’s case before it got to an open courtroom. It was Goodwin who revealed that D’Albor’s attitude toward Lehman changed after complaints that he was photographing vehicles on his street he suspected of being involved in drug dealings in the trailer at the end of the street.

Negotiated settlements in the conference room of a law office, after all, can keep a lot of embarrassing testimony from the public’s eyes and ears.

And a confidential settlement, as this was, helps keep the lid on the actual amount of the settlement and keeps any admission of fault out of the official record, as well.

Which is precisely why we’re seeing more and more confidential settlements of lawsuits that should be very public. It is, after all, public money that is being negotiated in these settlements and the public has a right to have every cent accounted for.

Instead, realizing it was about to get burned severely, both financially and in a public relations sense, the city decided to capitulate—as it should—with a confidential settlement—as it should not.

And the settlement amount does not even include the thousands and thousands of dollars spent on Douget Court Reporters for no fewer than 10 sworn depositions, attorney fees for Baton Rouge attorney Erlingson Banks, representing the city, as well as the cost of numerous court filings—all because D’Albor, who displayed a sign on his desk that read, “I am the alpha male—I am the Lion,” told Guillory when Lehman persisted in trying to expose suspected drug deals on his street, “I’m getting rid of our token nigger.”

D’Albor is no longer heading up the Jennings Police Department. He is now Police Chief of New Iberia, a city with its own law-enforcement problems, thanks in no small part to Iberia Parish Sheriff Louis Ackal.

Meanwhile, the drug deals continue, the murders of the Jeff Davis 8 remains unsolved, and the benefit money raised for officer Benoit remains unaccounted for.

And the circle just keeps going ‘round.

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The hits just keep coming.

Another victory in a public records lawsuit—sort of—while a state tax official goes and gets himself arrested for payroll fraud, and three members of the Louisiana State Police Commission (them again?) find themselves on the hotseat for apparent violations of state regulations that already cost some of their predecessors their positions.

All in a day’s work in Louisiana where the sanctimonious, the corrupt, the unethical, and the unbelievable seem to co-mingle with a certain ease and smugness.

The Lens, an outstanding non-profit news service out of New Orleans, has just won an important fifth with the Orleans Parish District Attorney when the Louisiana Supreme Court DENIED WRITS by the district attorney’s office in its attempt to protect records of fake subpoenas from the publication.

The Fourth Circuit Court of Appeal in October had AFFIRMED a November 2017 ruling by Orleans Civil District Court which had ordered the DA to turned over certain files pursuant to a public records request dating back to April 2017.

As in other cases reported by LouisianaVoice, the court, while awarding attorney fees to The Lens, stopped short of finding that the DA’s denial of records was “arbitrary and capricious,” meaning the DA’s office would not be fined the $100 per day allowed by law for non-compliance with the state Public Records Act.

And because the district attorney was not held personally liable for non-compliance, he will not have to pay the attorney’s fees either; that will be paid by the good citizens of New Orleans.

And, in all probability, the next time the DA’s office or any other public official in New Orleans decides to withhold public records from disclosure, he or she will also skate insofar as any personal liability is concerned with taxpayers picking up the costs.

Until such times as judges come down hard on violations of public records and public meeting laws, officials will have no incentive to comply if there is something for them to conceal.

The records requests were the result of the practice by the DA of issuing FAKE SUBPOENAS (and this preceded Trump’s so-called “fake news”) to force reluctant witnesses to speak with prosecutors—a practice not unlike those bogus phone messages from the IRS that threaten us with jail if we don’t send thousands of dollars immediately.

The New Orleans Times-Picayune described the practice as an “UNDERHANDED TRICK.”

Meanwhile, former Livingston Parish Tax Assessor and more recently Louisiana Tax Commission administrator CHARLES ABELS has been arrested on charges of payroll fraud, improper use of a state rental vehicle and for submitting unauthorized fuel reimbursement requests for the vehicle.

Abels was elected Livingston Parish assessor, an office held up until that time by his grandfather, with 51 percent of the vote in 1995. He served only one term, however, being defeated by current assessor Jeff Taylor in 1999.

In 2002, he was hired as a staff appraiser by the Louisiana Tax Commission. He said at the time that he was a recovering alcoholic who was trying to turn his life around. He was promoted to administrator of the commission during the tenure of Gov. Bobby Jindal.

He was arrested last march on a domestic violence charge but the case was never prosecuted.

One LouisianaVoice reader, a longtime critic of the Louisiana Tax Commission, said Abel’s arrest came as no surprise and that the entire agency is long overdue a housecleaning. “Let’s hope that the State of Louisiana doesn’t wind up on the hook financially for any misdeeds,” he said.

And then there is the Louisiana State Police Commission (LSPC) which just won’t go away.

Almost three years ago, two members became the second and third to RESIGN after reports that they had contributed to political campaigns in violation of the Louisiana State Constitution.

So, you’d think their successors would’ve learned from their indiscretions, right?

Nah. This is Louisiana, where prior actions are ignored if inconvenient and duplicated if beneficial.

But then again, this is the LSPC that paid Natchitoches attorney Taylor Townsend $75,000 to not issue a report on a non-investigation into political contributions by the Louisiana State Police Association (LSTA), contributions that were not paid directly to candidates (including John Bel Edwards and Bobby Jindal), but funneled instead through the personal bank account of LSTA Executive Director David Young so as to conceal the real source of funds.

And now, we have three of the commission members who combined to contribute more than $5,000 to political campaigns during their terms on the LSPC), either personally or through their businesses.

Whether the contributions were justified as having be made by a business (as claimed by State Rep. Mark Wright, R-Covington) or whether the money was contributed to a political action committee as opposed to an individual candidate appears to make no difference; they are all strictly prohibited under state law.

Despite his earlier obfuscation on the issue, Townsend did provide some clarity on the legality of political activity. Quoting from the Louisiana State Constitution, Townsend said, “Members of the State Police Commission and state police officers are expressly prohibited from engaging in political activity. More specifically, Section 47 provides that ‘No member of the commission and no state police officer in the classified service shall participate or engage in political activity…make or solicit contributions for any political party, faction, or candidate…except to exercise his right as a citizen to express his opinion privately…and to cast his vote as he desires.’”

But the real kicker came from a headline in the Baton Rouge Advocate, which proclaimed, “Three State Police commissioners under probe for possible unlawful political donations.”

Buried in that STORY was a paragraph which said LSPC Chairman Eulis Simien, Jr.” tasked the commission’s Executive Director Jason Hannaman to conduct an investigation into the allegations and report back with the findings. Hannaman, a civilian administrator for the board, said Thursday he hoped to complete the report by next month’s meeting.”

Oh, great. An in-house investigation. That should do it. Get a subordinate to investigate his bosses. At least Taylor Townsend carried out the appearance of an outside, independent investigation—until he proved by his inaction that it wasn’t.

What are the odds of this being truly independent and candid?

 

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That story about the north Louisiana contractor who was drummed out of business by the Louisiana Department of Transportation and Development (DOTD) and subsequently sued and won a $20 million judgment only to have it overturned on appeal just gets curiouser and curiouser with a couple of really bizarre developments.

Jeff Mercer, a Mangham contractor who had six contracts totaling nearly $9 million for which he was never paid, said his problems began when he complained that DOTD inspector Willis Jenkins attempted to shake him down to “put some green” in his hand or that Mercer place a new electric generator “under his carport” the following day.”

You can read the initial LouisianaVoice story by clicking HERE.

Mercer, armed with emails and other correspondence, filed suit against DOTD, claiming there was collusion among DOTD officials to “make the jobs as costly and difficult as possible” for him. A 12-person jury in 4th Judicial District Court in Monroe unanimously returned with an AWARD of $20 million in Mercer’s favor in 2015.

The jury, employing such terms as “collusion,” “bribery,” “extortion,” “conspiracy,” and “corruption,” not only held DOTD liable for damages, but also held four individual DOTD employees—Willis Jenkins, Michael Murphy, Barry Lacy and John Eason—personally liable.

But wait. Judge Henry N. Brown, as Chief Judge of the Second Circuit, had the responsibility of assigning cases and in Mercer’s case, he chose to assign it to himself—and wrote the decision that didn’t just reduce but obliterated the award in its entirety in OVERTURNING the lower court verdict.

Brown’s logic was that Mercer still had his contractor’s license and was still free to bid on state jobs. But when that same contractor is owed $9 million that the state refuses to pay him, he can’t meet payroll and he can’t purchase—or keep—equipment needed to perform the work. Nor can he afford worker’s comp and liability insurance.

Mercer says he was forced to sell off all his equipment—backhoes, trackhoes, dozers, trucks, etc. He estimates he lost another $2 million by being forced to sell his equipment for less than its real value. So, he is effectively out of business, Judge Brown’s opinion notwithstanding.

Meanwhile, a separate lawsuit in which Mercer still seeks payment of the $9 million that he’s never been paid makes its way slowly through the legal system.

The only problem with that was Judge Brown’s failure to recuse himself or even disclose his huge potential bias stemming from the fact that his father, Henry N. Brown, Sr., had been a civil engineer for DOTD for 44 years which “undermines the very fabric of our people’s faith in the judicial integrity of the Second Circuit Court of Appeal,” according to a MEMORANDUM in Support of Application for Rehearing and a Motion to Recuse and Vacate the Panel’s Opinion filed by Mercer’s attorney, David Doughty of Rayville.

At the trial, attorneys for both Mercer and for DOTD specifically asked each potential juror if they or any member of their family had ever worked for DOTD. “That was the first question asked every potential juror,” Mercer says. “If anyone answered yes, they were immediately excused.”

The case took 30 days to try, with thousands and thousands of pages of testimony. Yet, the Brown’s decision was rendered only 22 days after the appeal was filed, making it likely that he cherry-picked what he wanted to write since it was highly doubtful that the entire trial record could have been adequately reviewed in such a short time. The alternative would be that an attorney for DOTD drafted the decision for him and he signed off on it.

All of which can justifiably be labeled old news, already thoroughly rehashed on this site, right?

Right.

Except for a couple of recent news stories that loop right back into Mercer’s original claim of corruption, favoritism, bribery, extortion and otherwise unethical behavior by those in control of the dollars and the legal system.

Like this STORY from October 1 by KTBS-TV in Shreveport.

Judge Henry Brown was ordered by the Louisiana Supreme Court to vacate the Second Circuit Court of Appeal building in downtown Shreveport and to refrain from taking any further judicial actions after complaints that he had created a hostile environment toward colleagues who were hearing the appeal of a civil lawsuit against one of his friends from whom Brown had purchased a home.

Although Brown had recused himself from hearing the appeal because of the obvious conflict, members of the court found evidence that computer files where judges’ memos and drafts of opinions are kept had been hacked. A law clerk who worked for Brown was subsequently fired and banned from the courthouse.

And then there was this STORY by WAFB-TV in Baton Rouge that showed that one of the defendants in Mercer’s lawsuit may have had a too-cozy relationship with a DOTD contractor who manages to keep getting contracts through the agency despite repeated fines for failure to complete jobs on time.

The television station showed several photographs of DOTD engineer Barry Lacy on fishing trips, hunting trips, and at crawfish boils, and golf tournaments with officials of Coastal Bridge of Baton Rouge.

Lacy was one of four DOTD employees who were held personally liable in Mercer’s lawsuit.

DOTD Secretary Dr. Shawn Wilson said that while Lacy has no authority to award contracts to firms, he does make recommendations on such decisions.

It was not immediately clear if Lacy received the hunting and fishing trips or invitations to the crawfish boils or golf tournaments as gratuities but numerous OPINIONS by the Louisiana Board of Governmental Ethics have repeatedly said that “no public servant shall solicit or accept, directly or indirectly, anything of economic value as a gift or gratuity from any person or from any officer, director agent, or employee of such person if such public servant knows or reasonably should know that such person:

  • Has or is seeking to obtain contractual or other business or financial relationships with the public servant’s agency, or
  • Is seeking, for compensation, to influence the passage or defeat of legislation by the public servant’s agency.”

Meanwhile, Mercer, who was only trying to make a living, has been put out of business by a system that seems to consistently disregard the tenets of human decency, fair treatment, and equal opportunity in favor of preferential treatment, prestige, and power—with little or no consideration of the human consequences.

 

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When I was a boy, my grandfather kept feed for his livestock in what we referred to as the corn crib in our barn. Naturally, rats, attracted to the grain, were a major problem.

One day, I moved a 55-gallon metal barrel into the crib. I put a couple of handsful of grain in the bottom of the barrel and propped a wooden plank outside the barrel against the open top. That night, about half-a-dozen not-so-smart rats climbed up the board and jumped into the barrel to get the grain. Too late they found they couldn’t get out.

I killed the rats and repeated the process each night, thereby eliminating quite a large number of the vermin because they too dumb to comprehend the peril of leaping before then looked.

The Senate passage (87-12) Tuesday of the CRIMINAL JUSTICE REFORM BILL has put Louisiana Attorney General Jeff Landry in a metaphorically similar barrel and it’s going to be interesting to see if he can climb out or if he learns from it.

Landry, you see, has spent the duration of his term of office either attacking every initiative of Gov. John Bel Edwards or praising every action of his acknowledged hero, Donald Trump.

He has been especially critical of the governor’s Criminal Justice Reform Program designed to relieve the state of its dubious title as the world’s incarceration center. Until passage of the Criminal Justice Reform Program, Louisiana had the highest rate of incarceration in a nation that had the highest incarceration rate in the civilized world.

No one would try to say there wouldn’t be repeat offenders. That goes with any prison system anywhere but Landry was quick to jump into the fray back in August when he issued a blistering PRESS RELEASE and newspaper OP-EDS proclaiming to anyone who would listen that nearly 25 percent of inmates released under the program had reoffended.

In an especially self-righteous display of sanctimony designed to garner sympathy, he called upon Edwards to apologize to the victims.

A noble but, coming from Landry, a somewhat empty sentiment intended to curry favor while having little to do with any real concern for anyone other than his own political capital. Consider this remark in his press release:

“The governor’s reckless approach to empty our jails simply so he can take credit for a smaller prison population remains a threat to Louisiana citizens. It further highlights the need for truth in sentencing.”

Well, first of all, there was never any intent to “empty our jails.” That’s almost laughable, ranking right up there with some of Trump’s wildly exaggerated claims. As for “truth in sentencing,” I bring to the stand the innumerable investigative audits conducted by the Louisiana Legislative Auditor’s Office that were simply filed away somewhere with no action taken against those responsible for mismanagement, malfeasance and embezzlement.

A statewide elected official can let state taxpayers pay his fine for sexual harassment and move on with his life but let some kid from the ghetto get busted for an ounce of pot and all hell breaks loose. Authorities swoop down on him, hustle him off to jail where he is most probably raped as he awaits his trial and sentencing to hard time. How’s that for “truth in sentencing,” Jeff?

It must have kept Landry awake last night just knowing that his hero (Trump) and his nemesis (Edwards) actually worked together in coming up with the criminal justice reform bill, a bill favored by Trump and for which First Son-in-law Jared Kushner actually lobbied.

It must have also upset the folks over at The Hayride after their EDITORIAL last August in which they called for Republican supporters of the Edwards prison reforms “to step away quietly…”

Basically, this is what the criminal justice reform bill does:

  • Sends up to 4,000 prisoners home by increasing the amount of time inmates can cut off of their sentences due to good behavior.
  • Allow more male and female inmates to serve time in house arrest or halfway facilities instead of prison cells, with exceptions for high-risk inmates.
  • Require that prisoners be placed within 500 miles of family.
  • Outlaw shackling during child birth.
  • Mandate the provision of sanitary napkins and tampons to female inmates.
  • Reduce the mandatory penalty from life to 25 years for a third conviction of certain drug offenses, and from 25 to 15 years for a second conviction.
  • Prohibit the doubling up, or “stacking,” of mandatory sentences for certain gun and drug offenses.
  • Give judges more discretion in giving less than the mandatory minimum for certain low-level crimes.
  • Make the 2010 Fair Sentencing Act retroactive, which changed sentencing guidelines to treat offenses involving crack and powder cocaine equally. This could impact nearly 2,600 federal inmates.

The bill would only impact the 180,789 incarcerated in federal prisons, but many of the changes reflect reforms already implemented in many states.

It now goes back to the House, where it is expected to pass with equal ease.

At least one Louisiana politician remained true to his beliefs, however self-serving they may be.

U.S. Sen. JOHN KENNEDY was one of only 12 Republicans in the Senate and the only one from Louisiana to vote against the bill, calling it a “violation of American public safety. He sniffed last August that Edwards “calls it prison reform, I call it prison release.”

Never one to abandon a snippy sound bite if it gets him on camera, he repeated an eerily similar CLAIM last Friday: “This is not a criminal justice bill. It is a prisoner release bill.”

It’s a pity neither is running for governor. It would have been a darn interesting election from an entertainment perspective.

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