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Archive for the ‘Ethics’ Category

The latest news coming out of Lake Charles regarding one of four state troopers charged with malfeasance and 74 counts of injuring public records is the defense offered up by his attorney, the same attorney who loves to file SLAPP lawsuits against a Welsh city alderman.

Oh, and there’s the revelation that former State Trooper Jimmy Rogers, who resigned in the middle of a Louisiana State Police (LSP) internal affairs investigation, still holds—or recently held—a commission from the DEQUINCY POLICE DEPARTMENT.

Rogers attempted to return to LSP when he sent an email to Troop D Commander Benny Broussard on March 7 in which he (a) claimed he had resigned in “good standing,” and (b) said he would like to return to his former job. Ironically, in that email he said, “I was clear (sic) of every claim except altering times on tickets. I am guilty of writing times on tickets later than the stop actually was.”

Yeah, well, actually, those altered tickets are exactly what those 74 felony counts are all about and about which Calcasieu Parish DISTRICT ATTORNEY John DeRosier says he is “in the process of preparing formal charges.”

DeRosier said he was “going to assume that there’s a financial benefit” to Rogers’s practice of jotting an incorrect time on all those tickets ostensibly written while working Local Agency Compensated Enforcement (LACE) patrol. LACE is a cooperative program in which local district attorneys pay state police for beefed-up patrol to catch traffic offenders.

The financial benefit to Rogers, at least theoretically, would be that he wrote his tickets early in his shift but put later times to make it appear he worked his entire shift when in reality, he would go home early after writing a few tickets. DeRosier might be taking that offense a little personally since it is his office that pays for those hours that Rogers is accused of not working.

But no matter. Rogers apparently has this captivating voice that should be sufficient to beat the rap. You see, according to his attorney, Ron Richard, Rogers is a man “who probably sang the national anthem at more events in this town than anyone else” and is confident “both in himself and his faith in God that he will be vindicated and all will be made right in the end.”

Good to know. But…but…but Rogers put it in writing back on March 7 that he was guilty of falsifying the times. Which brings up the obvious question: Will Richard have him sing the national anthem on the stand during his trial? Apparently, Richard thinks that is important.

This is the same attorney who filed a so-called SLAPP (Strategic Litigation Against Public Participation or, if you will, frivolous or harassment) LAWSUIT against Welsh Alderman Jacob Colby Perry on behalf of four separate clients—the Welsh mayor, her daughter, her son, and the town’s police chief.

They lost and had to pay Perry’s legal fees of some $16,000.

If convicted, Rogers could be facing up to five years in prison and a fine of up to $5,000—on each count.

Now, Dequincy, about that Louisiana Commission on Law Enforcement commission you issued to Rogers when you hired him as a reserve police officer….

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My longtime friend and confidant Harley Purvis, he of the booth in the back in the corner in the dark at John Wayne Culpepper’s Lip-Smackin’ Bar-B-Que House of Prayer and Used Light Bulb Emporium in Watson, had a term for the Louisiana House of Representatives passage of HB 602 yesterday:

Bats**t crazy.

And truly, that’s the only appropriate description of this house of morons who can’t seem to pass a budget but can agree that anyone with a concealed permit may enter any public school in Louisiana locked and loaded.

To give proper credit, there were 37 MEMBERS who voted nay on the bill authored by Rep. Blake Miguez (R-Erath) and Sen. Neil Riser (R-Columbia) and another nine didn’t vote.

So, what’s so terrible about HB 602 that it’s got my shorts twisted in a knot?

Well, quite simply, these two idiots think it’s perfectly okay for anyone armed with a concealed weapon to enter a school building in Louisiana—so long as they have a concealed carry permit.

And if you two idiots think you can come after me for libel for correctly calling you idiots, then bring it on, ass clowns. As for me, I’ll shout it from the highest building in Baton Rouge that you never quite completed your potty training before being elected to the Louisiana Legislature.

What person in his right mind, after the horrors of Sandy Hook and Parkland and Columbine, to name only three of the number of school shootings for which we long ago lost accurate count, would ever suggest that it’s okay for anyone, permitted or not, to enter a school building armed?

BATS**T CRAZY.

Somehow, I suspect that this has the fingerprints of the American Legislative Exchange Council (ALEC), and certainly the NRA, all over it.

Do take a careful look at the vote to see how your representative voted. Out where I live, Rogers Pope did not vote but I have every confidence that had he been present, he would have voted against the bill. He’s a former teacher and the retired Superintendent of Livingston Parish Schools.

Valerie Hodges, from further north in Livingston Parish, voted for the bill but that’s no surprise. She’s the one who voted to give state financial aid to religious-affiliated schools a few years ago and then blew a gasket when an Islamic (yes, Valerie, Islam is still a religion) applied for funding.

From Lincoln Parish, where I grew up, I’m proud to say that Rob Shadoin had the good sense to vote no.

As for Neil Riser, I’ve said before and I’ll say it again, His sponsorship of such an asinine bill is a blatant conflict of interest: He owns two funeral homes.

If I’m reading this bill correctly (and it’s pretty straightforward), it does not permit teachers, administrators, school employees, or students to arm themselves on campus. Well, thank God for small favors.

The bill also says, “Nothing…shall limit the authority of a school board or school to prohibit a person from carrying a firearm, or to regulate the carrying of a firearm, in certain venues or facilities within the school district or an individual school unless the person is otherwise authorized to do so by law.”

So, I suppose the bill still gives the locals some say-so as to the prohibition of weapons on school campuses and in school buildings.

That being the case, what is the purpose of the bill in the first place? Apparently, to open the door (so to speak) to concealed carriers should local school districts or schools fail to expressly prohibit weapons in schools or on campuses.

Present law provides that a concealed handgun permit “does not authorize nor entitle the permit holder to carry a concealed handgun in certain places, including into a school, school campus, or a school bus,” the bill says.

The bill proposes to remedy that by repealing the exception “relative to schools, school campuses, or school buses, but provides that if the concealed handgun (permit holder) is a teacher, administrator, or employee of any school acting within the course and scope of his employment or is a student of any school,” the provisions of the proposed law “shall not be construed to authorize the teacher, administrator, employee, or student of the school to carry a concealed handgun into any school, school campus, or school bus unless specifically authorized to do so by law.”

This, folks, is insanity, pure and simple.

If you have children, grandchildren or if you have a loved one who is a teacher or staff member at a school in Louisiana, I implore you to first, ask yourself what possible reason could someone have to enter a school building with a loaded gun? After you’ve pondered the logic behind that warped thinking, call your senator and demand that this irrational, this madness, be stopped in its tracks.

Call me a bleeding heart, I don’t mind. I’ll take that any day over reading or writing about bleeding children and teachers.

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After literally dozens of stories by LouisianaVoice since 2014 about Louisiana State Police (LSP) problems through mismanagement from the top, it appears—finally—that matters may be coming to a head with Monday’s arrest of two current and two former state troopers a total of 98 counts of filing false public records, injuring public records, felony theft and malfeasance in office.

Along with the formal LSP news release announcing the four arrests, unconfirmed reports have former State Police Superintendent Mike Edmonson and his attorney involved in preliminary negotiations for a plea bargain on unspecified charges but believed to be connected to the October 2016 trip in which four troopers drove a state vehicle to a convention in San Diego via tourist stops in Las Vegas and the Grand Canyon.

An official of the Metropolitan Crime Commission in New Orleans even voiced his belief that all the problems of LSP as reported on since 2014 by LouisianaVoice could be laid at the feet of one man: Edmonson.

While the latest arrests stem directly from a news story by New Orleans TV investigative reporter LEE ZURIK last November revealed state troopers were being paid for working Local Agency Compensated Enforcement (LACE) patrol that they in fact did not work, LouisianaVoice reported two years earlier that Rogers was falsifying records in connection to his LACE patrol. LACE is a cooperative program in which local district attorneys pay state police for beefed-up patrol to catch traffic offenders.

In the end, of the 98 counts amassed by the four current and former troopers, 75 were lodged against Rogers. All the counts against the four were in connection to their work in the LACE program, the LSP PRESS RELEASE release said.

The two current state troopers were Master Trooper Daryl Thomas (two counts of filing false public records and one count of felony theft (greater than $15,000), and Wayne Taylor (14 counts of injuring public records and one count of malfeasance in office. Thomas, of New Orleans, currently makes $89,400 per year and Taylor, of Rapides Parish, earns $62,600 per year.

The two former troopers were Byron Sims, a $109,000-per-year polygraphist with 22 years’ experience before leaving LSP (four counts of filing false public records and one count of felony theft greater than $21,000), and Rogers (74 counts of injuring public records and one count of malfeasance in office.

FILING FALSE PUBLIC RECORDS, under Louisiana Title 14 is the filing of any forged or wrongfully-altered document or any document containing a false statement or false representation of a material fact.

INJURING PUBLIC RECORDS is the intentional falsification or concealment of any record or document filed in any public office or with any public officer.

Both are felonies.

Much of the legwork in bringing the charges against Rogers was done by the office of Calcasieu Parish District Attorney John DeRosier.

In Rogers’s case, an LSP INTERNAL AFFAIRS REPORT dated October 20, 2015 said he wrote tickets on his regular detail but putting a later date on the ticket to make it appear he had written it on his LACE detail when in fact he was not even working the LACE shift for which he was paid. Other times, he would put later times for his traffic stops to make it appear he had worked his entire detail when, in fact, he had not.

The IA investigation, provided to LouisianaVoice by the New Orleans Metropolitan Crime Commission, initially delved into only Rogers’s 2015 LACE overtime but when discrepancies were discovered, it was decided to expand the investigation to include 2013 and 2014 but then Rogers resigned, effective Nov. 6, 2015 and the investigation was terminated.

Inexplicably, Rogers had a change of heart and on March 7, 2017, sent an EMAIL to Troop D Commander Benny Broussard in which he (a) claimed he had resigned in “good standing,” and (b) said he would like to return to his former job. Ironically, in that email he said, “I was clear (sic) of every claim except altering times on tickets. I am guilty of writing times on tickets later than the stop actually was.”

The only logical reason for writing the wrong times was to cover up his absence from duty by writing driver citations for a small part of the beginning of his shift and then taking the rest of the day off.

One source told LouisianaVoice that Rogers and another former trooper, Ronnie Picou, should not have been able to disappear from their shifts if they had been under a proper level of supervision. “Most jobs have supervisors (who) would notice when someone is not there,” the source said. “Most police supervisors would care about their troopers and check on them if they disappeared. Most police supervisors believe their job is important and officers must be present to accomplish that important job.”

“They were not supervised by people who care about their officers or the citizens they serve. They were supervised by Lt. Paul Brady and Capt. Chris Guillory.

Brady helped popularize the coined term “Brady Days,” an unwritten policy that gave troopers time off for issuing DWI citations, which can encourage arrests of people who were not actually impaired. Brady supervised Picou who was initially fired after LouisianaVoice requested records on alleged payroll fraud. Brady supervised Picou when an LSP investigative report showed he was absent from duty much of the time.

Brady was suspended for reportedly ordering Troopers to claim more time than they worked. Those allegations were also discovered after LouisianaVoice made public records requests. Brady also supervised Rogers. Sources reported Picou and Rogers were able to shuck their duties under the supervision of Brady, leaving their fellow troopers and citizens abandoned.

LouisianaVoice has received reports that the allegations which led to the arrest of Rogers were known to LSP for years. Rogers was under the protection of Brady and Guillory, former Troop D Commander. Capt. Guillory reportedly has a position in Baton Rouge but he lives in Sulphur.

LSP knew about Rogers, Picou, Brady and Guillory and did nothing until forced by public exposure.

Instead, Edmonson, rather than take proactive measures to eliminate problems exposed in Troop D, went to considerable lengths to expose LouisianaVoice’s SOURCES–until it became painfully obvious that the primary problem was Edmonson.

Perhaps Anthony “Tony” Radosti, Vice-President of the Metropolitan Crime Commission, said it best when he told LouisianaVoice on Monday, “Jimmy Rogers was a symptom. Mike Edmonson was the disease.”

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To some readers, this will come under the heading of extremely old news.

To others, it will be a revelation well worth the time to read if for no other reason than to remind us how those in positions to do so tend to take care of their own.

I’m talking about House Bill 1351 of the 2004 legislative session—14 years ago.

It was what insiders to the legislative process sometimes refer to as a snake because it is sneaked into the process as an apparently innocuous piece of legislation. In reality, however, it is a self-serving bill that does nothing to benefit the general population but which serves the purposes of only a small minority, a mere fraction of the population: those in control of the system.

Signed into law by Gov. Kathleen Blanco after passing both chambers unanimously (with five absences—four in the House and one in the Senate), and authored as HB 1351 by then Rep. Taylor Townsend, the bill gave sweeping powers to legislators and staff members to literally snub their collective noses at the authority of state courts.

Should you ever be subpoenaed as a witness or a defendant in a civil or criminal matter, you had best be in court clad in the proper attire, with a respectful attitude and at the appointed time lest you bring the wrath of the presiding judge down upon your spinning head. Try to ignore that subpoena or otherwise buck the system and you’re likely to be shown your new quarters in a local holding cell and with a special new nom de plume, courtesy of the occupants already there: “Fresh Meat.”

Unless you serve in the legislature or are employed by same.

In strict legalese, Act 873, which is formally referred to as R.S (for Revised Statute) 13:4163, is an “Ex parte motion for legislative continuance or extension of time, legislators or employees engaged in legislative or constitutional convention activities.”

In plain English, it’s a doctor’s excuse to skip class for extended periods of time.

With a not from appropriate authority, i.e. the clerk of the House or secretary of the Senate, a legislator or a legislative staff member, when subpoenaed for a court proceeding, may thumb his or her nose at the judge because the STATUTE gives them that authority over a court order.

It says so, right there in the second paragraph: “A member of the legislature and a legislative employee shall have peremptory grounds for continuance or extension of a criminal case, civil case, or administrative proceeding…The continuance or extension shall be sought by written motion specifically alleging these grounds.”

The statute also says the continuance (legal term for delay) is for the benefit of the legislator or legislative staff member “and may only be asserted or waived by a member or employee.” It even applies of the legislator is an attorney who enrolled as counsel of record in the court matter.

In other words, someone with important business before the court will just have to cool his heels while his attorney/legislator tends to more important matters, i.e. taking care of campaign contributors like oil and gas companies, nursing homes, pharmaceutical firms, banks and members of the Louisiana Association of Business and Industry (LABI) and the American Legislative Exchange Council (ALEC) by making sure they are not overburdened with silly requirements to pay their fair share of taxes.

And you surely wouldn’t want your legislator missing out on a fine supper at Sullivan’s or Ruth’s Chris, a gala crawfish boil or some other after-hours function because he was hung up in court representing some poor nobody in a criminal case or civil lawsuit.

Boy Howdy, talk about rank having its privilege.

This exemption even extends to legislative committees and/or subcommittees in addition to legislative sessions and constitutional conventions (the last one of those, by the way, was in 1974 but hey, why take chances?).

So next time you’re required to be in court as a plaintiff, defendant, legal counsel for either side, or a jury member, just be thankful you aren’t a legislator so heavily burdened with the state’s pressing business that you would have to decline the judge’s invitation to attend.

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The powers that be in state and local government, i.e., agency and departmental heads, like to give the impression that personal activities on the job, particularly as they might involve office computers and personal email messages, are strictly verboten.

That’s not to say, of course, that while the lowly peons are held to this higher standard of professional excellence, supervisors don’t shop Amazon.com or book cruises or Disney vacations while at work.

But, hey! Everyone fudges on those restrictions. It’s the rare employee indeed who doesn’t sneak in a little self-time on state computers and telephones.

But the Hon. JIMBO STEPHENS, newly-elected judge on the Second Circuit Court of Appeal, or at least Rayville attorney John Hoychick, Jr., acting on his behalf, has taken the practice to new heights with an email blast to a gaggle of attorneys seeking campaign contributions for Stephens.

Hoychick included in his email at least five attorneys working on the public dime, either for the City of Monroe, the University of Louisiana Monroe, or the gret stet of Looziana as well as no fewer than seven barristers in the employ of CenturyLink, the telecommunications company headquarter in Monroe.

Louisiana agencies some of the recipients work for are employed by include the Department of Social Services and the Department of Children and Family Services (where the rank and file workers are chronically short-staffed and overworked but not, apparently, the attorneys).

Stephens, who defeated 4th JDC Judge Sharon Marchman in last October’s ELECTION, apparently wishes to retire his campaign debts and Hoychick is not the least bit shy in calling on some 140 attorneys in his email blast to do just that.

And while it may be a breach of protocol to solicit contributions from them at their taxpayer-funded jobs, it nevertheless serves as a classic illustration of how judges tend to lean on attorneys who might at some time in the future appear before them to argue a case or two—and woe unto one who has not paid his dues (at least that seems to be the mindset).

A “Sponsor Couple” can buy in for a mere 500 bucks while those on a tighter budget can get by for $150 as a “Supporter Couple,” according to Hoychick’s email solicitation.

(I just hope Stephens’s fundraiser doesn’t cut into LouisianaVoice’s ongoing fundraiser.)

Curiously, the email (or at least the one forwarded to LouisianaVoice) doesn’t give a date, time, or location for the highly anticipated “kickoff event.” But not to worry: checks, “payable to Judge Jimbo Stephens Campaign Committee,” can be brought to the event (wherever) “or mailed to Judge Jimbo Stephens Campaign Committee.”

Surely, the State of Louisiana, ULM, the City of Monroe, or CenturyLink won’t mind if their staff attorneys take a little time to write a check to the good judge. After all, if there’s important legal work to be done, it can be pawned off on an overworked paralegal or legal secretary.

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