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Archive for the ‘Ethics’ Category

What’s the difference between Evangeline and Terrebonne parishes?

Apparently only about 120 miles, judging from the manner in which the respective sheriffs’ offices ignore and abuse the constitutional rights of their citizens.

Where the U.S. Justice Department recently issued a report highly critical of the practice of “investigative arrests” in Evangeline, the First Circuit Court of Appeal has ruled unconstitutional a raid carried out by the Terrebonne Parish sheriff last summer because he didn’t like what a blogger said about him.

And, LouisianaVoice has learned, the Terrebonne sheriff and others are targets of a federal investigation over other business dealings of the sheriff’s office.

Following the filing a federal lawsuit filed against Sheriff Jerry Larpenter last August, the anticipated second shoe has now fallen on several other leading business and political leaders of Terrebonne Parish.

The fallout stems from an ill-advised—and unconstitutional—warrant and RAID executed against a Houma police officer on Aug. 2 over no greater offense than criticism of the sheriff’s department on a local Internet blog.

It now has spilled over to a general indictment of Gordon Dove and the parish government’s relationship with a local insurance agency.

Wayne Anderson, a former deputy sheriff and currently a Houma police officer, and his wife, Jennifer, filed suit on Aug. 10 against Larpenter over the raid carried out on their home by sheriff’s deputies and now have amended Parish President Dove and others into the lawsuit.

The latest AMENDED PETITION adds as defendants:

  • Dove, individually, and in his official capacity as President of the Terrebonne Parish Consolidated Government;
  • Anthony J. Alford, individually, and in his official capacity as President of the Terrebonne Levee and Conservation District Board of Commissioners;
  • The Terrebonne Parish Sheriff’s Office;
  • The Terrebonne Parish Consolidated Government, and
  • The Terrebonne Levee and Conservation District.

The blog, ExposeDat, began posting critical stories of Dove and Larpenter in early July, prompting the illegal raid on the Andersons’ home. While unconstitutional, the raid did have the apparent effect of successfully causing the blog to be taken down, thus infringing on the First Amendment that protects free speech.

But in the interim, Larpenter, who was quoted as saying, “If you’re gonna lie about me and make it under a fictitious name, I’m gonna come after you.”  did just that. Executing a warrant signed by State District Judge Randy Bethancourt instead of the “Duty Judge,” who the latest legal filing says should have reviewed and considered the warrant.

Sheriff’s Detective Lt. Glynn Prestenbach Jr., who took the warrant application to Bethancourt for his signature, since said he “just did what (Terrebonne Parish District Attorney) and Jerry (Larpenter) told him to do,” the Andersons’ amended petition says.

Following the raid, law enforcement personnel arrived at the Plaintiffs’ residence, the petition says. Anderson was informed he was being placed on administrative leave indefinitely and was the subject of an internal affairs investigation for failing to uphold the law and for engaging in conduct unbecoming of a law enforcement officer. Anderson was stripped of his badge, his duty weapon, his law enforcement commission card and his marked patrol unit—all in full view of the Andersons’ neighbors, action that they say has caused embarrassment and harm to their reputations.

Bethancourt denied the Plaintiffs’ Motion to Quash, finding the defamation statute to be sufficiently broad to allow him a “look-see” to determine if the evidence wrongfully seized contained defamatory statements. Writs were taken to the Louisiana First Circuit Court of Appeals which quashed the search warrant on August 25 and ruled that the search and seizure (were) unconstitutional.

The amended petition accuses the defendants of conspiring together “to initiate unjustified and factually and legally baseless criminal proceedings against the plaintiffs. The Defendants lacked probable cause and/or any viable legal justification to initiate the said proceedings. The Defendants acted maliciously and as a consequence of these actions, the Plaintiffs suffered deprivation of their liberties and have sustained damages,” the petition says.

“Defendants Gordon Dove, Jerry Larpenter and Anthony Alford all met and/or discussed a jointly accepted and agreed upon the illegal plan discussed hereinabove,” it says. “Sometime immediately after a July 11, 2016, article entitled ‘You Scratch Mine & I’ll Scratch Yours’ was published on the website that detailed the business dealings between the Defendants, Defendant Dove allegedly announced to the entire Synergy Bank4 Board of Directors that he was going to shut the Exposedat website down and that he was having subpoenas issued. Defendant Anthony Alford lodged his criminal complaint within three days of the article’s publication.”

Once Alford filed his complaint, Larpenter wasted no time in initiating an investigation by his office by instructing Prestenbach to immediately conduct an investigation, the Andersons claim. “Prestenbach did as instructed and immediately met with and interviewed Alford. Prestenbach also sought by subpoena records from Facebook relating to John Turner (an alias used by Anderson), and within a period of five days obtained information relating to various IP addresses. Prestenbach searched the IP addresses and noticed that they were assigned to a corresponding AT&T account. Prestenbach then subpoenaed records from AT&T to identify the IP addresses that corresponded to the Facebook posts of John Turner.”

On or about August 1, 2016, Prestenbach received and reviewed the documents which had been subpoenaed from AT&T. These records revealed that the computer used to send the various posts was located at the Plaintiffs’ home address. Prestenbach immediately contacted Larpenter and advised him of the results of his investigation including the fact that the address obtained was the residence of Wayne Anderson, who was a police officer for the Houma Police Department. Larpenter allegedly told Prestenbach to stand by for further action. Later,

TPSO Detective Kody Voisin called Prestenbach and advised him that he had spoken to Defendant Larpenter who wanted a search warrant issued, and that he [Larpenter] had spoken to Terrebonne District Attorney Joe Waitz who also agreed to continue the investigation and obtain a search warrant. HERE is Prestenbach’s report as well as threads from Facebook postings.

The question that must be asked and the issue that must be determined at this point is by what authority did Larpenter obtain the Facebook and AT&T records? Who issued the subpoena for that information? If the search warrant was unconstitutional, it would seem that the subpoena seeking the private records would be as well.

The amended petition is seeking actual and punitive damages, court costs and attorney fees.

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LouisianaVoice was founded more than five years ago on the belief that not enough was being done to expose official wrongdoing. I set out with the stated purpose of connecting the dots between campaign money and bad law and going into any parish, anytime to contribute in some small way to rooting out the rot that has for too long corrupted this state.

Of course, there have been the occasional book reviews, stories about friends (and pets) who have died, and a couple of April Fool’s stories that apparently were of sufficient originality to have tricked some of my readers. But those aside, I have stuck steadfastly to my original mission of shining a light into the dark corners of the state that I love in the hope of somehow bringing about a change in the way public officials have historically treated the citizenry like so many serfs in some personal fiefdom.

And while there has been no shortage of such stories to write (notwithstanding my wife’s tongue-in-cheek prediction of a couple of years ago that I’d have nothing to write about when Bobby Jindal left office), there is the occasional story that merits special attention.

This is one of those.

It’s about a man who carried out what is probably one of the most painful things a man can do: turn in his own son for suspected criminal activity, in this case committed against the district attorney’s office in the 12th Judicial District in Avoyelles Parish.

The father’s name is Charles Riddle III.

He is the District Attorney for Avoyelles Parish.

Riddle is a former State Representative who, in 1999 introduced legislation that became Act 1118 which prohibited the state from recovery of the costs paid by the state under Medicaid for individuals residing in nursing homes. The act protected the patients’ homes from seizure.

He co-authored the bill that made Louisiana State University in Alexandria a four-year school and in 1997. He also introduced the constitutional amendment that ultimately allowed LSU to take control of the Louisiana Charity Hospital System which created one of the premier teaching hospitals in the nation until the system was dismantled by Bobby Jindal.

He was reelected in 1995 and 1999 and resigned from the legislature in 2003 after being elected as district attorney. He was re-elected without opposition both in 2008 and 2014 and in 2008 he was elected President of the Louisiana District Attorneys Association.

His selection in 2012 to the Louisiana Justice Hall of Fame appears in retrospect to have been justified by his subsequent candor as a father and his dedication as a public official sworn to uphold the law impartially, uniformly and fairly.

Riddle took to Facebook with what the BATON ROUGE ADVOCATE described as “an emotional post that his son, John Riddle, is also being investigated for possible wrongdoing in Avoyelles Parish—in a case where the DA’s Office is the alleged victim and his father is the complainant.”

Riddle told The Advocate he could not discuss the case in which his office was victimized in detail but did say his son took advantage of his access to “certain things” because of their relationship. He said he personally called Marksville police to report what he felt was a criminal violation by his son.

In an apparently unrelated development, John Riddle was arrested by St. Tammany officials for trashing a hotel room and for possessing counterfeit money.

The elder Riddle said he wanted to defuse the story about his son because, he said, people have tried to use his son’s legal problems “in an effort to gain a more favorable result by threatening me in a form of blackmail, thinking that I would do anything to protect my son,” Charles Riddle wrote.

Riddle said his office would be recused from involvement in any case filed against his son in Avoyelles Parish; instead, the matter would be handled by the state Attorney General’s Office.

“Know that as a parent, I love my son and will do what any parent would do to obtain the correct result. Yet, I will not compromise this office. I do not condone any action that he is accused of doing,” he said.

In light of recent stories by LouisianaVoice about preferential treatment accorded by district attorneys in St. Landry and Livingston parishes to an individual with a laundry list of felonies and misdemeanors, including multiple DWIs, Charles Riddle’s story, while heartbreaking, is nonetheless a refreshing change from the norm.

In short, Charles Riddle’s character and honesty has shone through in this unfortunate incident and his handling of a difficult matter has shown all of us what public service should be about.

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Two seemingly unrelated news stories appeared in my laptop emails on Monday, one noteworthy for nothing more than its abject absurdity and the other even more so for the ominous threat it poses to the ability to hold elected officials accountable.

And while LouisianaVoice rarely delves into national politics because, well, truth be told, it’s admittedly way beyond my pay grade (and I was always taught to “write what you know”), both these stories have potential trickle down repercussions if any legislator is dumb enough to take his (or her) cue from the Man with the Golden Hair.

In the first story, Trump campaign manager Kellyanne Conway issued a dire warning, heavy with legal overtones, to “be careful” BE CAREFUL what we say about her boss. Her remarks, of course, were directed to retiring Senate Minority Leader, Nevada Democrat Harry Reid.

Reid last week said the election of Trump “has emboldened the forces of hate and bigotry in America” And that, in the minds of Conway—and presumably Trump—borders on libel (and, of course, “crooked Hillary” is simply campaign rhetoric).

It’s no secret that Trump, on the one hand, champions tort reform whereby corporations can be better protected from lawsuits over such trivial oversights as exploding batteries, toxic dumping, sexual harassment, etc. On the other hand, however, Trump has made it equally well know that he favors more liberal libel laws which would make it easier for public officials to sue.

Well, Trumper, you can’t have it both ways. The landmark case Sullivan v. New York Times makes it quite clear there must be a “reckless disregard for the truth” for a public official to recover damages.

Were that not the case, there might well have never been a Watergate scandal, the White House plumbers, Bebe Rebozo Iran-Contra revelations, Sen. John Edwards, the all-too-cozy relationship between Wall Street and The Clintons, Bushes, and even Obama or any number of other investigative pieces about public corruption. And to quote an old Baton Rouge State-Times editor responding to a reader who was irate over the treatment the paper was according Richard Nixon: “Exactly what is it about Watergate you would rather not have known?”

And out in Arizona, we have a bill pending BILL PENDING before the state legislature that appears to be right out of the American Legislative Exchange Council (ALEC) playbook and if it is, you can look for clones of this bill to pop up across the landscape, including, in all likelihood, Louisiana.

State Sen. John Kavanagh, R-Fountain Hills (wouldn’t you just know it would be a Republican who wants to put the kibosh on the public’s right to know?) has introduced a bill that would make it more difficult to obtain public records if public officials feel the requests are “unduly burdensome or harassing.”

That’s pretty open-ended and a decided advantage to any public servant who feels my request might be “unduly burdensome.” Wouldn’t Kristy Nichols have loved that? No, wait. It wouldn’t have mattered with her; she simply ignored my requests until she was damned good and ready to comply—if she even decided to comply. Okay, Mike Edmonson. He’d feast on a law like that.

Lest you think such a bill would never pass, consider this: this is Kavanagh’s second attempt at passing the bill and last it passed the Senate by a 22-7 vote, but lost in the House by a 40-19 vote.

LouisianaVoice will be watching closely to see if any similar such legislation is introduced in the 2017 session. If it is, then we will know without a doubt that this is an ALEC-sponsored bill.

ALEC, you may recall, meets at retreats, mini-conventions and conferences to draft “model bills” for members to introduce in their respective legislatures back home.

More recently, it has launched a sister organization, American City Council Exchange (ACCE) that has the same goals as ALEC, only on a municipal as opposed to state level. One of ACCE’s objectives, outlined in an Indianapolis conference last July, is to have its members become familiar with public records laws and to “be on the lookout for frivolous or abusive requests.”

Sen. Kavanagh couldn’t have said it better himself.

But what he conveniently overlooks is this: In any company, be it a mom and pop hardware or one of those mega box stores, management has the unchallenged right to know what its employees are doing when representing the company, be it processing orders, reducing errors, or one-on-one contact with the customer.

The President, Congress, 50 governors, Kavanagh, his fellow legislators and other elected officials throughout the land are chosen by the people. They in turn hire subordinates to carry out the day-to-day functions of government. So Kavanagh and every other elected or appointed public official in this country works for…the people.

And we, the people, have a right to examine the work they’re doing on our behalf.

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It’s no wonder the Louisiana State Troopers’ Association (LSTA) decided to give the boot to Leon “Bucky” Millet and three other retired members of LSTA. It seems that the retirees, particularly Millet, have been asking questions that are making the LSTA and the Louisiana State Police Commission (LSPC) members extremely uncomfortable.

And their questions are a helluva lot more intelligent than the answers the commission has offered.

Oddly enough, all the questions Millet has peppered the commission with over the past several months seem to leave LSPC legal counsel Taylor Townsend especially oblivious—even as the meter keeps ticking on his legal fees for attending meetings while contributing nothing of substance.

But one commission member, Lloyd Grafton of Ruston, has zeroed in on the problem even if his colleagues have not and in doing so, broached a subject the others would apparently rather not discuss—apparent misleading testimony at last August’s meeting from State Police Superintendent Mike Edmonson.

LouisianaVoice, meanwhile, has come in possession of a recording of a meeting of an affiliate troop meeting at which LSTA Executive Director David Young received a much tougher grilling than he did from commission members. Throughout the 16-minute recording, Young is questioned as to how the checks were written and who authorized the budgeting of money for contributions before anyone even knew who the candidates would be in any given race. At one point, Young was advised to have an audit conducted of LSTA expenditures. The questioning of Young, it appeared from the tone of the voices on the recording, was anything but friendly.

Millet, of Lake Arthur, has regularly appeared at monthly meetings of the commission to challenge the association’s political contributions and the commission for its failure, on advice of Townsend, to act on the contributions.

Millet has repeatedly said the contributions, decided on by the LSTA board, each of whom are state troopers, are a violation of commission rules prohibiting political activity by troopers.

The commission—and Townsend—just as consistently, has responded by saying LSTA is a private entity and David Young is not a state trooper, meaning the commission has no jurisdiction over the association.

Never mind that the contributions were made by Young with checks drawn from Young’s personal account and he in turn would be reimbursed by the association for “expenses.”

And never mind that the decisions of who to support and to whom checks would be contributed were made by LSTA board members, each of whom is a state trooper.

Millet again raised that issue at the commission’s November meeting. “This commission allowed mike Edmonson and command staff to get out of control,” he said. “The citizens of Louisiana deserve better. The agency I was so proud of has deteriorated to such a point that the LSTA has voted to excommunicate four members (retirees), including yours truly. There is no criteria for termination of membership. Most members who voted weren’t born when I retired from LSP.”

Commission Chairman T.J. Doss interrupted Millet to say, “There’s nothing pending before the commission that we can address. If you think something, please let us know.”

That’s when Grafton waded into the fray.

“We have no authority over LSTA but we do have authority over individual troopers who are being paid by the State of Louisiana. Troopers are prohibited from political activity. I know what our counsel said about LSTA. State troopers are not supposed to be giving political contributions to politicians.

“What I see in this whole process is a corrupting policy that is going on and is guaranteed that this association of state troopers is going to become more corrupt as time goes on as they invest money and continue to wallow in politics. That’s why we have a civil service for state troopers.”

Doss again attempted to interrupt. “Correct me if I’m wrong; we not discussing political contributions….”

“Let me finish,” Grafton shot back. “Any time you give money to politicians, you allow yourself to become corrupt. You cannot have protection of civil service and give money to politicians because you have given up that protection at that point in time. That’s why civil service was created. In Louisiana, we want to have it both ways: ‘Oh, I’m protected by civil service. I get equal protection under law.’ But you can’t because you’ve already made a choice. That is corruption and that’s where we are today.

“People who come to us, and I’m talking about the top administration of state police and they say, ‘Approve this lieutenant colonel position. It won’t cost you a dime more.’ Then I turn around and (the new lieutenant colonel slot) has gone from $125,000 to $150,000. Somebody is not being honest. This commission is a stepchild. That’s not our role. Our role is oversight, not undersight. We are to look and decide if something is fair or not. When it’s not, we say it’s not.

Commission member Jared J. Caruso-Riecke said, “My colleague’s rant notwithstanding, we have two lawyers here and another (Monica J. Manzella) who sits on this commission, but she’s new so I won’t put any pressure on her (apparently forgetting that commission member Eulis Simien, Jr. also is an attorney), so tell me, do we have jurisdiction over LSTA?

When told the commission did not, he then tried to compare LSTA to the Knights of Columbus. “If we’re being asked to go after the Knights of Columbus, I’m not gonna do it. I’m not gonna open up this commission to a civil lawsuit.”

Millet reminded Caruso-Riecke that while both the Knights of Columbus and LSTA are tax-exempt 501(c)(3) organizations, the Knights of Columbus membership is made up of a cross section of the population while the LSTA membership is comprised exclusively of state troopers and retired troopers. Nor did Caruso-Riecke acknowledge that the LSTA board of directors is made up of only state troopers who made the decision to make the political contributions.

The bureaucratic shuffle was a perfect example of officials talking circle logic in an effort to avoid confronting the real issue. Except they weren’t very good at it, thanks to the anemic efforts of Chairman Doss.

“If what has happened doesn’t alarm you as commissioners, I don’t know what will,” Millet said.

Grafton then asked, “Do we have any authority over salaries? Did I hear Col. Edmonson say (in August) if we approve this new position (the promotion of Maj. Jason Starnes to lieutenant colonel and bestowing the title of deputy superintendent and chief accounting officer upon him), it won’t cost any more money? I understood him to say it won’t cost any more money. That means no raise. Yet my understanding is, he got a $25,000 raise. We did not approve any raise. It looks to me as if the administration doing as it pleases and we’ll get the word in some point in time. What part am I saying that is absolutely wrong? Did he say he wouldn’t get a raise? I don’t see a board member here who heard that.”

Simeon said, “That’s not an accurate reflection of what was said.”

“I know what I heard,” Grafton said.

At that point, members around the table suggested pulling up the recording of that August meeting and if what Grafton said was accurate, to get Edmonson back before the commission to explain the pay increase.

Commission Executive Director Cathy Derbonne told commissioners that Edmonson did indeed testify that the newly-created position would not cost State Police any additional funds.

In an effort to recover the high ground, Doss said, “We govern classified positions and we create unclassified positions but don’t govern them.

Derbonne said, “We create and we can take away. How can we create an unclassified position and not have control?”

“We have no authority over unclassified positions.”

Derbonne said, “We have jurisdiction only over classified positions that fall within pay grid. We cannot pay someone outside pay grid unless they come before the commission for approval.”

When LouisianaVoice reviewed a recording of that August, the revelations were damning to Doss and other supporters of Edmonson and showed that at least one commissioner, Grafton, was paying attention and not simply going through the motions.

In his appearance before the commission to request creation of the new position, Edmonson quite plainly said that he proposed moving Starnes into the position formerly held by JILL BOUDREAUX, but in a newly-created unclassified position. “We’re not creating any additional funding issues, no additional money,” Edmonson said. “He will be the CAO. No new funds will be needed. It is not my intention to even ask for that.”

It doesn’t get much plainer than that, campers.

At least Grafton was listening when it mattered.

Now let’s see how long he’s allowed to remain on the commission.

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We’ve seen how the Office of Inspector General has a travel budget for out-of-state conferences and conventions that is more than twice the amount budgeted for in-state investigations of official corruption. (See story HERE)

Now, LouisianaVoice has learned that even though Inspector General Stephen Street receives $230.77 per two-week pay period—$6,000 per year, or $500 per month—in addition to his regular salary of $132,620, he also makes generous use of state vehicles while traveling on state business.

Mileage allowances for certain state officials is optional and is paid in lieu of their use of state vehicles.

One former employee said Street was told that it was improper for him to use state vehicles when he was receiving the mileage allowance. As a result of that exchange, the former employee said, Street would have subordinates check cars out in their names and accompany Street on trips.

Two of those, the ex-employee said, were former agency attorney Robert Collins and current legal counsel Joe Lotwick.

Records obtained from OIG show Collins and Lotwick each checked out state vehicles on numerous occasions in 2013 and 2014 and Lotwick also checked out a vehicle on three occasions in May of this year.

Street, contacted by LouisianaVoice, said, “Whoever told you that Joe Lotwick and Robert Collins checked out vehicles in their name so that I could drive them in order to ‘circumvent’ a ‘prohibition’ is an unequivocal liar. Robert and Joe are both honorable and honest men with distinguished legal careers and impeccable reputations. Neither I nor they would do such a thing.”

Street’s name was not listed as checking out a state vehicle in either 2013 or 2014.

In 2015, however, Street is shown as having used a state vehicle on 10 separate occasions over five months.

Those trips and the dates in 2015 they were made included:

  • January 21: Trips to the New Orleans FBI offices and to the Louisiana District Attorney Association in Baton Rouge;
  • March 2: To Covington, New Orleans and back to Baton Rouge;
  • March 3: From his home to the OIG office;
  • March 3 and 4: Destinations for three trips redacted but mileage driven was two miles for each trip—the same district as the mileage reported for the trip from his home to the office;
  • March 9: Baton Rouge to Crowley, Crowley to Port Allen, Port Allen to Baton Rouge;
  • March 16: Baton Rouge to Opelousas, Opelousas to Port Allen, Port Allen to Baton Rouge;
  • August 28: New Orleans FBI offices;
  • September 3: New Orleans and return to Baton Rouge;
  • November 2: Trips of 2.6 and three miles to destinations that were redacted;
  • November 10: To New Orleans and return to Baton Rouge and an additional trip of two miles, destination also redacted;
  • November 17: Trip of three miles to destination that is also redacted.

So why the destination on a two-mile trip be redacted?

“On the occasions you asked about in 2015 when I used an OIG vehicle, I had time-sensitive OIG official business and my personal vehicle was not available,” Street said. You have the records that show the combined fuel cost for those trips was $95.88.”

If he was taking the state vehicle home and driving it to work, he would be in violation of the provision prohibiting him from both using a state vehicle and receiving an allowance for mileage.

In the past, the OIG’s office has steadfastly refused to pursue a matter concerning a state board employee who turned in time sheets showing she was working in the office while simultaneously posting Facebook photos of her and her family on vacation trips. The investigator on that case was ordered to re-write his entire report.

The office also refused to even investigate complaints of two board members each claiming mileage to meetings even though they rode together.

LouisianaVoice has also learned of other apparent illegal activity that OIG failed to pursue or issued reports of no wrongdoing.

Of course, the office spared no expense or effort in attempting to prosecute former Alcohol and Tobacco Control office director MURPHY PAINTER at the express wishes of Bobby Jindal. Jindal desperately wanted to discredit Painter over Painter’s refusal to grant a liquor permit that would have benefitted New Orleans Saints owner and generous Jindal campaign supporter Tom Benson.

That PROSECUTION fell flat and the state ended up having to pick up Painter’s legal expenses.

“I‘m glad that you decided to contact me before posting another column,” Street said. “Had you done that before posting last week’s column on OIG travel, you would have learned quite a bit.”

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