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Pre-trial intervention (PTI) programs, in theory at least, are designed to give those charged with a first offense—such as driving while intoxicated (DWI), for example—to keep the conviction off their record by participating in a program of community service or a series of classroom sessions, usually extended over a period of several weeks.

The purpose of the programs, again in theory, is that not every person charged with an offense should be subjected to criminal prosecution and that there are those who can be prevented from becoming repeat offenders through proper intervention.

The problem with Louisiana’s PTI programs is that there is no uniform application or oversight, allowing local district attorneys complete autonomy in how the programs are administered.

Instead of serving their intended purpose, many local PTI programs have morphed into cash cows and as such, lend themselves to widespread abuses at the expense of other programs such as indigent defender boards and local law enforcement.

In May 2018, former Baton Rouge Advocate (now Associated Press) reporter Jim Mustian wrote an excellent story that illustrated that very point. His entire story may be seen HERE.

Mustian showed that from 2012 to 2017, two parishes in particular had taken advantage of the program to create a lucrative source of income for prosecutors while a third did even better during the years from 2012 to 2017.

Calcasieu Parish District Attorney John DeRosier saw income for his office increase threefold, from $556,000 in 2012 to $1.65 million in 2016. Jefferson Parish did even better with its income from PTI programs increasing four times, from $335,000 to $1.37 million during the same period.

But Rapides Parish DA Phillip Terrell has turned the practice into an art form, boosting his PTI revenue by a factor of seven, from $302,000 in 2012 to a mind-blowing $2.2 million in 2017.

Still, that influx of new dollars didn’t keep Terrell from requesting more than $2.5 million in parish funds for his office in 2018 despite a looming budgetary shortfall of $427,000 for the parish.

That was enough to attract the attention of online publication Politico, which normally devotes its attention to stories of national and international significance than to the budgetary problems of a parish situated in the middle of Louisiana. Politico’s story can been read in its entirety HERE.

Rapides Parish Treasurer Bruce Kelly wondered why the DA’s office was suddenly asking for more funds than at any time in his 30 years in the parish treasurer’s office knowing, as he did, that the DA had a new fleet of vehicles with leather seats.

He soon learned why.

Pre-trial diversion, otherwise known as pre-trial intervention, or PTI.

The DA’s income from court fines had dropped by nearly half, from $900,000 to $500,000 over the past three years. That corresponded with a similar drop in traffic tickets issued—from 12,000 per year to 7,000.

At the same time, however, Terrell’s office had significantly increased its PTI program, allowing offenders to pay money to the DA in exchange for charges being dropped and their cases dismissed, thus keeping their tickets or arrests off their records as though they never happened.

Offenders were charged dismissal fees ranging from $250 for traffic tickets, $500 for misdemeanors and as high as $1,500 for felonies.

And Terrell’s office, Kelly learned, was keeping that money for itself—money that should have gone into the parish’s general fund to be shared with indigent defender offices and the sheriff’s office.

Believing Terrell was depriving the parish of fine money to which it was entitled, Kelly and the parish leadership filed suit against Terrell’s office in an effort to get the court to force the DA to share its PTI revenue.

Terrell responded that he could make as much as he wanted through PTI because…well, because the law didn’t say otherwise.

And he was right in the assertion that there were no statewide standards to the implementation and operation of PTI programs and thus, no restrictions as to his ability to exploit the program.

To make his case, he brought in a hired gun in the person of Hugo Holland, a prosecutor who normally works only as a prosecutor in criminal cases and who appears to be on the payroll of several parish district attorneys simultaneously, from Caddo Parish in north Louisiana to Calcasieu Parish in the state’s southwestern extreme.

The battle between Terrell and Rapides Parish Police Jury took on true Trumpian overtones when Holland threatened the police jury members with investigations into their own use of funds if they did not agree to drop their fight with his client. When that tactic failed, Terrell filed a countersuit arguing that he did not owe any money to the parish and calling the police jury’s lawsuit “politically-driven.”

It’s easy to see why Terrell is so possessive of his sudden stream of income—and why similar battle lines could be drawn between prosecutors and parish governing bodies as more and more DAs are made aware of the untapped revenue windfalls currently available to them.

It’s also pretty easy to predict an intense lobbying campaign by the Louisiana District Attorneys Association (LDAA) to protect PTI programs from regulation should some state lawmaker have the temerity to introduce legislation to rein in such a lucrative enterprise.

I’m willing to bet even money that Arkansas would have a better chance of beating LSU today than any such bill would have of making it out of committee.

 

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Louisiana State Police (LSP), only two-and-one-half years removed from one of its darkest chapters, may be facing yet another serious problem perpetrated from within the State Police Training Academy.

LSP Public Information Officer Major Doug Cain on Tuesday confirmed that two cadets had been removed, or separated, from the current class currently undergoing training at the academy for cheating.

Cain said the two were involved in cheating on a test, but the problem may actually go much deeper than just two cadets cheating on an exam, LouisianaVoice has learned.

LouisianaVoice has received reports that a key test may have been made available to certain cadets via an online drop box. An internal investigation will likely take place with disciplinary action to follow if the allegations are borne out.

Independent sources have reported to LouisianaVoice that the test in question is the Police Officers Standards and Training (P.O.S.T.) test which all police officers at local, parish and state levels must pass in order to become certified as law enforcement officers.

That test is separate from the weekly exams given cadets, the source said.

The source said that “captains, instructors, cadets—all of the above—were involved in providing copies of the P.O.S.T. test to select cadets whom they favored.

If correct, that would rise to the level of a major scandal for LSP Superintendent Colonel Kevin Reeves, who succeeded Mike Edmonson, who was forced into retirement following a series of negative stories culminating in an unauthorized trip to San Diego by four troopers in a state vehicle.

In my research for an anticipated book tentatively entitled America’s Rogue Sheriffs: A Culture of Corruption (a sequel to Louisiana’s Rogue Sheriffs: A Culture of Corruption), it was found that sheriffs’ deputies in several other states were fired for obtaining copies of tests but this would be the first known such case involving law enforcement in Louisiana.

It was not immediately known how many cadets might be involved in the alleged P.O.S.T. cheating scandal, nor how many, if any, instructors may be implicated.

The academy was recently rocked with another TRAINING INCIDENT when at least 10 cadets were injured, some with broken bones, as part of hazing punishment when one cadet was found to be in possession of a cellphone. Defensive Tactics (DT) training has subsequently been suspended at the academy as a result of the injuries.

LouisianaVoice will follow up on details as they are learned.

 

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There’s a wide-open sheriff’s race in Iberia now that three-term incumbent Louis Ackal has decided to hang up his gun and badge.

Ackal probably waited at least four years too long to walk away from a controversy-plagued tenure of his own making pockmarked as it was with dog attacks on defenseless inmates, beatings and even deaths that resulted in millions of dollars of damages from lawsuit judgments and settlements—along with a half-dozen federal criminal convictions of deputies.

Four years ago, Ackal was forced into a runoff and had to resort to soliciting the endorsement of the third-place finisher in exchange for a job in order to win that election in what should have been declared a clear ETHICS VIOLATION had there been an ethics commission with any ethics of its own.

On October 12, Iberia Parish voters will be tasked with picking a successor from among six candidates—two Republicans, a Democrat and three with no party affiliation. In alphabetical order, they are:

  • Roberta Boudreaux (No Party), who lost that runoff election four years after third-place finisher endorsed Ackal and was rewarded with the newly-created position of director of community relations—not that such a position wasn’t sorely needed by Ackal.
  • Joe LeBlanc (No Party).
  • Fernest “Pacman” Martin (Democrat).
  • Murphy Meyers (Republican), a retired state trooper.
  • Tommy Romero (Republican), another former state trooper now retired from the Louisiana Attorney General’s office.
  • Clinton “Bubba” Sweeny (No Party).

For the moment, Murphy Meyers would appear to be the main story in this election.

That’s because while Meyers wants to be sheriff of Iberia Parish, there is a serious question about whether or not he actually resides in the parish, a qualification most folks would seem to desire of their sheriff.

Meyers has been the sole 100 percent owner of a residence located at 1000 Hugh Drive, St. Martinville, since 1991.

But back on July 12, 2016, Meyers did in fact register to vote in Iberia parish, using the address 210 L Dubois Road, New Iberia.

But on March 7, 2018, Meyers’ then-employer, the Louisiana Department of Public Safety, Office of Louisiana State Police, filed an updated “Request for Personal Assignment and/or Home Storage of State-Owned Vehicle.” The vehicle was a 2008 Dodge Charger assigned to Meyers as his personal take-home unit. The form was for the requested approval period of July 1, 2018, through June 30, 2019. He signed the form stating all information in it was accurate and correct. The listed address of the employee’s resident was 1000 Hugh Drive, St. Martinville.

The very next day, March 8, 2018, Meyers renewed his driver’s license using 2101 Dubois Road, New Iberia, as his correct physical address. (Note: A driver may be cited and fined if the address on his or her driver’s license does not correspond with the driver’s actual address of residence.)

A year later, on March 25, 2019, Malinda Meyers, wife of Murphy Meyers, contributed two in-kind donations to her husband’s campaign fund, according to state campaign finance records submitted September 10, 2019. Malinda Meyers gave her address as 1000 Hugh Drive, St. Martinville.

On August 9, 2019, Murphy Meyers officially qualified to run for Iberia Parish Sheriff in a sworn statement that he met all requirements set forth by Louisiana law, including residence requirements. On that form, he gave his place of residence as 210 L Dubois Road, New Iberia, further affirming that he not only currently resides at that address but has for at least the last year, as per state qualifications.

So, just who does own that property at 210 L Dubois Road in New Iberia that keeps popping up on forms filled out by Meyers?

That would be the home that belonged his mother-in-law, Malindayes Mattox Burks.  Courthouse records in New Iberia list her as 100 percent owner of a home valued at $71,400 and assessed at $7,140. Malinda Meyers inherited the home but she and Murphy Meyers still reside in St. Martinville at 1000 Hugh Drive.

Or do they?

This would seem to be a job for the State Ethics Commission to straighten out provided, of course, it had any ethics of its own.

 

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To paraphrase Ronald Reagan: here they go again.

The expenditure of public funds, under the law, is supposed to be just that: public.

But trying to pry an accounting of legal costs associated with the state’s defense of 4th Judicial District law clerk Allyson Campbell has proved to be somewhat problematic, to say the least, for a north Louisiana publication.

The Ouachita Citizen in West Monroe is the only newspaper willing to take on the powers that be and so far, it has encountered a huge stone wall.

[The unwillingness of the Monroe News-Star to involve itself in the fight for the public’s right to know may be attributed to two factors: (1) it’s a Gannett publication which in and of itself, lends itself to mediocrity, and (2) Campbell once worked part time as something of a gossip columnist for the paper. Of course, it didn’t hurt that her father was an executive with Regions Bank and is married to the daughter of influential attorney Billy Boles, or that Campbell is the sister of Catherine Creed of the prominent Monroe law firm of Creed and Creed. Got all that? If not, here’s a LINK to one of our earlier stories about Campbell.]

But back to the latest developments in this ongoing saga. The Citizen made a by-the-books public records REQUEST of the Division of Administration (DOA) in which it sought an accounting of legal costs in defending Campbell in a lawsuit brought against her by Stanley Palowsky, III, for damages incurred when she “spoliated, concealed, removed, destroyed, shredded, withheld, and/or improperly handled” his petition for damages against a former business partner.

It seems that some 52 writ applications went missing for more than a year only to be found in Campbell’s office where, incredibly and inexplicably, she was using them as an end table in her office.

So, how DOA respond to the Citizen’s request? Basically, it said attorney’s bills for legal services were exempt from production under an exception pertaining to pending claims.

That’s debatable. Yes, in ongoing litigation, communications between attorney and client are definitely privileged. But a simple accounting of expenditures for legal representation has nothing to legal strategy or negotiations. It’s an expenditure, pure and simple, and should be available as a public record.

The Citizen, in its story, pointed out that Christian Creed, Catherine Creed’s husband and law partner, contributed $5,000 to Attorney General Jeff Landry’s campaign in November 2015.

But more significantly, LouisianaVoice combed through campaign reports and found that Christian Creed, Catherine Creed, and the Creed Law Firm were quite active in their support of other candidates.

Gov. John Bel Edwards was the beneficiary of $25,000 in contributions from both Catherine and Christian Creed over the three-year period of 2015-2107, and Commissioner of Administration Jay Dardenne received $2,000 in contributions from Christian Creed in 2013 and 2014.

Attorney Scott Sternberg of New Orleans is representing the Citizen and by letter dated August 27, gave DOA until today (August 30) to comply with the request.

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I hadn’t visited John Wayne Culpepper’s Lip-Smackin’ Bar-B-Que Hut, House of Prayer, Used Light bulb Emporium and Snake Farm up in Watson for quite a while, but I found myself in need of a little counseling from Harley Purvis, so I dropped by earlier this morning.

Harley, in case you don’t remember, is my longtime friend who also just happens to be president of the Greater Livingston Parish All-American Redneck Male Chauvinist Spittin’, Belchin’, and Cussin’ Society and Literary Club (LPAARMCSBCSLC).

I was in a foul mood as I approached him where he was seated in his customary spot in the booth in the back in the corner in the dark (apologies to the late Flip Wilson) and my mood was not lightened at the sight of a stranger already seated across from my friend and mentor. Harley spotted me and waved me over. “Have a seat. I want you to meet someone.” So, I slid into the booth next to Harley.

“This here’s Jimbo ‘Snake Eyes’ Hampton,” Harley said by way of introduction. We shook hands as the waitress pored me a cup of coffee. I shook hands with him while simultaneously ordering scrambled eggs, country ham and toast.

“What brings you in today?” Harley asked. He knew I rarely came to see him unless I was upset about something.

“Did you see the news last night?” I asked.

“Yep,” he answered. “And I figure you’re pissed that the state ethics board cleared Mike Edmonson of any wrongdoing. That about it?”

“Mostly confused and yes, a little angry,” I replied.

Edmonson’s attorney Gray Sexton, who once headed the Louisiana Ethics Board but who now represents clients before that same board, had told a Baton Rouge television station that his client, the former State Police Superintendent, had been cleared of all wrongdoing and that other agencies investigating Edmonson were dropping their investigations, as well.

“I don’t understand how that could be,” I said. The investigation centered around that trip to San Diego back in 2016 when four troopers drove a state police SUV there, taking side trips to Las Vegas and the Grand Canyon along the way, while charging for overtime they didn’t work. “Back in April 2018, the same ethics board cleared—in secret, I might add—the troopers of any wrongdoing, saying that they were just following orders and had done so with the approval of Edmonson (see that story HERE). But now the board has cleared Edmonson, as well (see that story HERE).

Harley smiled, took a swig of his black coffee and said, “Son, don’t you know that the state police has a whole fleet of them self-drivin’ SUVs? That vehicle obviously drove itself out to San Diego and decided all on its own to take a side trip to Vegas and the Grand Canyon.”

He and Snake Eyes giggled in unison, apparently finding Harley’s explanation amusing. I just looked at both of them. Harley continued, “And them four troopers? Hell, they was hostages an’ couldn’t get outta that vehicle until it stopped at the expensive hotel where they stayed on the trip.” More giggles.

“Well, first of all, I don’t like the ides of Sexton being able to represent clients before the board he once headed,” I said. “He even referred to ‘unsubstantiated’ reports by the media and I can substantiate every single thing I wrote about him. Sexton’s full of crap. And even the state auditor found Edmonson had committed all kinds of violations of state policy.”

LSP AUDIT

AUDIT FINDINGS

“You know as well as I that’s the way they game the system,” Harley explained. “Prosecuting attorneys turn up as criminal defense attorneys and Sexton represents clients before his old board. Judges in cases brought against doctors by the medical board accept campaign contributions from the prosecuting attorneys for the board. Public Service Commission members take contributions from industries they regulate. Same thing for the insurance commissioner getting contributions from insurance companies.”

“But how can the ethics board clear the four troopers AND Edmonson 16 months later? It would seem that somebody would have to fall on their sword.”

“You know the system don’t work that way. They protect theyselves. That’s why they waited 16 months; they figured you’d forget they cleared the troopers after that much time. You think justice is even-handed? Look at ol’ Snake Eyes here. He just got out of prison. Know what he was in for? Tell him, Snake.”

Snake Eyes, a 47-year-old black man, grinned and said, “I was caught with less than three grams of weed. They gave me 13 years but it was reduced to eight years.” (Full disclosure: Snake Eyes is a pseudonym but his story is based on a real person from New Orleans.)

Harley leaned forward and added, “Louisiana ain’t the only place this kind of crap goes on. Remember that case in New Jersey where the judge refused to try a teenage rapist as an adult because he was a Eagle Scout, had good college entry scores and came from a GOOD FAMILY? That Eagle Scout not only raped a girl, but he filmed it and sent the video to his friends.

“And look at Jeffrey Epstein. Back in 2008, he was charged with having sex with underage girls and he got a nice plea deal that gave him 13 months in jail, only he was able to go to his office every day during those 13 months and just stayed in his jail cell at night. And the prosecutor who gave him that deal became Trump’s secretary of labor. An’ Ol’ Snake Eyes here gets eight years for a little pot.

“Then there’s that dentist at the LSU School of Dentistry who blew the whistle on the jaw implants bein’ a health hazard. Did they thank him? Hell, no, they revoked his license and ruined him financially, drove him outta the state, ‘cause he cost LSU money. Problem is, LSU lost more money on the lawsuits from the faulty implants. Same thing for Ivor van Heerden who criticized the Corps of Engineers following Katrina. He posed a threat to LSU federal grants from the Corps, so they run him off, just like they did Steven Hatfill who the FBI named as a person of interest in those anthrax letters even though he had nothing to do with them.

“Here’s another fine example of American justice at its best: The chief deputy of th’ Pima County, Arizona Sheriff’s Department pleaded guilty to laundering half-a-million dollars in RICO funds and got one year’s probation, a $3,000 fine and 100 hours of community service. Half-a-million dollars! And he never spent a day in jail while Snake here gets eight years for a coupla joints wortha weed.”

I started to speak, but he held up his hand. “A Oklahoma woman sold $31 wortha pot and got a 12-year prison sentence. Over in Mississippi, a man wanted the land his neighbors owned, so he instigated charges against the entire family after their son was caught cultivating marijuana on the man’s land. Police tore up their home, seized all the money they had, including the children’s piggy banks and a 90-year-old relative’s social security check. A year later, they raided the home again, arresting the entire family. The daddy got 26 years, the mama got 24 years and all four children received sentences of three to 15 years.

“The LSU fraternity members who were implicated in the binge drinking death of Max Gruver, meanwhile, got 30 DAYS in jail. They had the same lawyer who got Iberia Parish Sheriff Louis Ackal off after Ackal had several prisoners die in his custody. But Snake here gets eight years an’ he ain’t hurt nobody.

“And did you know that in Louisiana, if you steal a cell phone, you can get up to six months in jail but if you unknowingly buy a stolen cell phone, you could get up to 10 years for possessing stolen property?”

Harley and Snake Eyes exchanged knowing glances before Harley spoke again. “Son, you set the bar way too high for guvmental ethics. But the sad part is Louisiana ain’t unique. We’re actually pretty typical across the board.

“Jes’ remember the real Golden Rule: Them what has the gold makes the rules. An’ that goes double for the Louisiana so-called ‘Ethics’ Board.”

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