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Louisiana Voice is seeking your help so that we may, in some small way, try to help you.

Like my veterinarian Michael Whitlock and others of whom I am aware, there are many other victims of the August floods who have been victimized again by FEMA and insurance companies.

Whitlock’s home, his vet clinic, two vehicles and most of his equipment were lost in the flood. Some of the equipment he managed to save was subsequently stolen by looters. Despite all this, he was stiffed by his flood insurance company which refused to pay the full policy limits despite six feet of water in his home, leaving him to fend for himself. FEMA was worse than useless; he got nothing.

Yet, because his home and clinic each were more than 50 percent losses each (yet, less than total losses by his flood insurance carrier), he has been ordered by the City of Denham Springs to elevate each structure. “The cost of elevating the clinic would cost more than the entire structure is worth,” he said.

Another Denham Springs business had $500,000 flood insurance coverage but received only about half that in settlement despite not being able to re-open for four months.

LouisianaVoice had a post a couple of years back about the 3-D strategy of insurance companies: “Delay, Deny, Defend.” The strategy works this way:

Delay paying claims as long as possible;

Deny in the hope the claimant will give up out of sheer frustration and go away;

Defend vigorously if the claimant sues. Even if the insurance company loses the individual lawsuit, it’s worth it when you consider the number of claimants who cannot afford the money and time necessary to pursue what is rightfully theirs.

If, for instance, after a catastrophe like Katrina or the August flood, a thousand homeowners file claims and each is denied by the carrier and only one of that 1,000 sues and wins and 999 simply throw up their hands and walk away, who do you think is the winner in the long term?

In the case of Katrina, for instance, the two companies who wrote the book on the 3-D tactic, who were the absolute worst companies with whom to deal, were Allstate and State Farm.

And as for FEMA, who could ever forget the debacle of Katrina? Does anyone not remember President George W. Bush telling FEMA Director Michael Brown “YOU’RE DOING A HECKUVA JOB”?

And just so you know, the FEMA response to the flood hasn’t been much better. With an whole new round of FEMA trailers (950 square feet) costing anywhere from $126,000 to $170,000, depending on where the trailer is set up, you have to wonder why FEMA doesn’t just build small but reasonably price permanent housing for victims?

This is not to suggest that everyone is entitled to free stuff, but it makes no more sense to spend that kind of money on flimsy trailers.

With this in mind, LouisianaVoice would like to have your experiences with both FEMA and insurance companies for a future story.

And while you have more important matters that demand your attention (like getting back into your home or business), if you have encountered difficulties getting either FEMA or your insurance company to respond or if you’ve been ordered to elevate your home or business at unaffordable costs to you, we’d love to hear from you.

Send us a narrative of your experience to:

louisianavoice@yahoo.com

Don’t worry about grammar, punctuation or spelling. We do all needed editing.

 

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Nearly 60 years ago, back in 1958 when the LSU Chinese Bandits, the Go Team and the White Team won their first national championship and the Baltimore Colts won the NFL championship in the league’s first sudden death overtime, the game was a little different. There were only 12 NFL teams back then and it was common for players to play both on offense and defense. All-pro quarterback Sammy Baugh also played defensive back and punted.

George Blanda was a quarterback who played an astounding 27 years and who completed 1,911 passes for 236 touchdowns before the NFL evolved into the current pass-oriented game. He also made 335 of 639 field goal attempts and 943 extra points—again before soccer-style kickers revolutionized the kicking game.

Cleveland Browns offensive tackle Lou Groza was the league’s first preeminent place kicker. A Baltimore kicker, Bert Rechicar, also played on the offensive line and for years held the NFL record for the longest field goal of 54 years until it was broken by New Orleans Saints kicker Tom Dempsey’s 63-yarder against Detroit in old Tulane Stadium.

There were no multi-million contracts for mediocre players or for the stars, for that matter. John Unitas laid floor tile in the off-season and Colts punter David Lee worked in a Ruston bank. Times were tough and the players tougher and playoff money was a motivation for players who needed the money.

The old-school players had nothing but contempt for the kicking specialist. Detroit Lion Alex Karras once described how players beat each other’s brains out until finally, on fourth down, “they send in some little guy about five-foot-six who can’t speak English (he was referring to Garo Yepremian) and he comes into the huddle in his clean uniform and says, ‘I’m going to keek a touchdown.’”

Football in those days was played on grass and some of the fields, like Yankee Stadium doubled as baseball fields. Sometimes during games, plays were run on the dirt infield. There was no artificial turf and no instant replay to slow the game down. There was no such thing as face mask penalties because… well, helmets had no face masks to protect teeth, eyes and noses. Remember that classic photo of Y.A. Tittle on his knees in Yankee Stadium with blood running down his face?

y-a-tittle

Later, players like Dion Sanders would take themselves out of the game because of something called turf toe.

All of which brings me to my point. Back then, there were only five football bowl games—the Rose, Cotton, Orange, Sugar and to a lesser extent, the Tangerine (if memory serves, the Liberty Bowl in Memphis was one of the first of the new wave of games). When teams were chosen for one of those bowls, it meant something. It actually mattered. They had stellar seasons.

Besides, there were only three networks back then and the third, ABC was generally left out as CBS and NBC grabbed the bowls.

In 1969, LSU, coached by Charles McClendon, put together an outstanding 9-1 record, losing by only three points to Archie Manning and Ole Miss. McClendon jockeyed for a trip to Dallas and the Cotton Bowl to play number-one Texas. But when Notre Dame (8-1-1) decided to end a 45-year moratorium on playing in bowls, it was the Fighting Irish who went to Dallas and LSU spent New Year’s at home, smarting from an idiotic snub.

That would never happen today. Not with the proliferation of meaningless bowl games now scattered across the horizon.

At last count there were no fewer than 40 bowl games. If a team wins six games, it is considered “bowl eligible.” And sometimes a team doesn’t even have to break even to go bowling.

As Mike Tyson would say, it’s ludicrous. Bowl games have become the equivalent of the participation trophy. Show up, stay off probation, beat up on six hapless opponents and you get to play in some half-empty stadium in a televised game called by a couple of second rate announcers who know nothing—and care less—about the teams other than what they read a few days before the game and who, when the game gets out of control, resort to meaningless blather that has nothing to do with the game.

Finally, announcers, out of sheer boredom, begin to talk of how such and such player will be “playing on Sundays next year,” or “will shine at the next level.”

A cursory check of the bowl lineup reveals that there will be 20 teams in those 40 bowls who failed to achieve a winning record. That’s half the teams playing, folks and some of ‘em are paired against each other. Even worse, only 17 of those 20 teams won the requisite six game. The other three, two with 5-7 records and one with a 6-7 record, must’ve won a conference championship game or were selected when the selection committee just flat ran out of eligible teams.

I mean, do you really want to spend three hours watching Miami of Ohio (6-6) play Mississippi State (5-7) in something called the St. Petersburg Bowl?

How about Army (6-5) vs. North Texas State (5-7) in the Heart of Dallas Bowl? Death by Boredom Bowl would be more like it.

Here’s a real thriller match-up that’s certain to leave you breathless: North Carolina State (6-6) vs. Vanderbilt (6-6) in Shreveport’s Independence Bowl.

At least, Middle Tennessee State (8-4) will take a winning record when it goes up against Hawaii (5-7) in the prestigious Hawaii Bowl.

And be sure to check all those games out for all the people in the stands disguised as empty seats. Of course, the networks make every effort to keep the cameras off the stands in those games.

Crowd cheering? More likely if you listen closely, you may actually pick up snippets of individual conversations in the stands.

I’m sorry, folks, but a team without a winning record does not deserve to be in a bowl game. Bowl games are supposed to be a reward for an outstanding season—for actually accomplishing something. Sadly, though, they’ve become TV filler (like the cream in a Twinkie) for the glut of networks or simply a vehicle for corporate sponsorship.

And don’t even get me started on all those corporate-sponsored bowl games. Some of those are difficult to say with a straight face.

There’s the Famous Idaho Potato Bowl in Boise with Idaho (8-4) pitted against Colorado State (7-5). (You want your potato fully loaded?)

And there is the Dollar General Bowl in Mobile between Ohio (8-5) and Troy (9-3). (I wonder if tickets to that heart-stopper really are just a dollar.)

The Independence Bowl was once the Poulan Weed Eater Bowl, if you can believe that. That lasted for six years until the sponsors got weary of its being called the “Weedwhacker Bowl.”

This bowl season, we will be treated to (or have been in the past) the Nokia Sugar Bowl (now the Allstate Sugar Bowl), the Belk Bowl, the Foster Farms Bowl, the Russell Athletic Bowl, the Taxslayer Bowl, the Outback Bowl, the Quick Lane Bowl, the GoDaddy.com Bowl, the Bacardi Bowl, the Meineke Car Care Bowl, the uDrove Humanitarian Bowl, the Salad Bowl (seriously), the Little Caesar’s Pizza Bowl (officials wore all white uniforms under Little Caesar orange and white vests—no striped zebra uniforms for these guys), the Chick-Fil-A Bowl (at least no one was required to dress like those black and white cows in Chick-Fil-A’s TV ads), and the Olive Garden Bowl.

With only 80 of the 128 Division I NCAA football teams playing in those 40 games this year (not counting, of course the three national championship playoff games involving Alabama, Michigan State, Oklahoma and Clemson), there’s bound to be an opening for at least one more corporate-sponsored bowl game.

And I’ve got just the name and sponsor:

The Kohler Toilet Bowl to be played in Flushing New York.

Image result for football toilet bowl

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It will be exactly six years tomorrow that a federal judged was ousted from office by impeachment. It so happens that it was a Louisiana judge, Thomas Porteous of New Orleans, a Bill Clinton appointee, was removed by vote of the U.S. Senate on Dec. 8, 2010, for taking bribes and making false statements under oath.

Porteous is the only federal judge among the 15 who have been removed by impeachment who was from Louisiana.

Could it now be that a second Louisiana judge, an appointee of Clinton’s successor, may face a similar fate? Well, no one has gone so far as to suggest that just yet, but the rumor mill about U.S. District Judge Patricia Minaldi’s reported drinking problems is at full throttle in the Lake Charles area.

One of the grounds for impeachment of federal judges, who are appointed for life, is intoxication on the bench and two have been removed for that reason, the most recent almost 150 years ago.

The first was John Pickering, an appointee of George Washington, who was impeached and removed in 1803 for mental instability and intoxication on the bench. The other was and Abraham Lincoln appointee, Mark Delahay, likewise removed in 1873 for intoxication on the bench.

It is important to explain the difference between an official’s being impeached and removed. Impeachment is simply the bringing of formal charges against an officeholder. He is then tried by the U.S. Senate and that body’s vote of guilty or not guilty determines if the accused is removed from office.

In the case of the charges against Porteous, senators voted guilty unanimously—96-0—for his failure to recuse himself in a case involving a former law partner with whom he was accused of trading favors for cash. On the charge of accepting meals, trips and car repair from a bail bondsman, the vote was 69-27 in favor of conviction. The Senate then voted 94-2 that he should be disqualified from ever again holding federal office.

LouisianaVoice has received reports that Minaldi, a federal judge for the Western District of Louisiana in Lake Charles had a criminal case over which she was the presiding judge REMOVED following a series of procedural errors, including assigning some of her duties to a prosecuting attorney.

A native of Somerset, Massachusetts, she is a 1980 graduate of Wesleyan University and a 1983 graduate of Tulane University Law School.

From 1983 to 1986, she served as an assistant district attorney of New Orleans before accepting a similar post at the 14th Judicial District in Lake Charles until 1996, when she became a state district judge in the same district.

She was nominated for a federal judgeship by President George W. Bush on January 15, 2003. She was confirmed by the U.S. Senate on May 6 and assumed office three days later, succeeding Judge James Trimble when Trimble reached senior status.

As federal judge, she dismissed a case in 2009 against a man who mailed anthrax and bomb threats following 9/11. The man had been convicted by a federal jury in 2004 on charges of threatening to use weapons of mass destructions but the Fifth Circuit Court of Appeals overturned his conviction and his 30-year prison sentence in April 2009.

She was arrested on January 23, 2014, for having an open alcoholic beverage inside her vehicle and less than a month later, on February 14, she was charged with DWI. She refused a field sobriety test but ultimately pleaded guilty to DWI.

One source, an attorney, said Minaldi has been appearing on the bench intoxicated and unable to perform her duties. On at least one such occasion, the attorney said, the case was removed from her court and transferred to the federal court in Alexandria.

“I’ve heard the stories,” said another. “We all have. In our professional circle, it would impossible not to hear them. There were a lot of questions about a criminal case that was removed from her courtroom.

In fact, Judge Minaldi has been pulled off several cases this year, the latest of which occurred just yesterday.

ASSOCIATED PRESS reported that the trial of a man accused of producing kiddie porn and of crossing state lines to have sex with a minor was cut short less than an hour after court convened with no reason provided for the mistrial.

The only clue, and a sketchy one at that, was in the form of a single-page order from Chief Judge Dee Drell that he was “exercising (his) prerogative” in terminating proceedings. That trial is scheduled to resume on Jan. 3 in Alexandria.

In that case, Frankie Maldonado is the defendant. His attorney, Randal McCann, as well as the prosecuting attorney, have not commented on the sudden unexpected termination of Maldonado’s trial.

Nor has Judge Minaldi commented on the chief judge’s actions or of reports about her alleged problem with alcohol. LouisianaVoice attempted to contact her by telephone but was told she was not in her office. So far, she has not responded to our request that she return our call.

The biggest case pulled from Judge Minaldi—again, after trial proceedings were underway—was that of Iberia Parish Sheriff LOUIS ACKEL, accused of beating prisoners in his jail. His trial was moved to Shreveport and he was subsequently acquitted.

A third attorney contacted by LouisianaVoice was more circumspect than the others. “Let me say this,” the attorney said. “I personally like Judge Minaldi and when she’s okay, she’s a good judge. She’s very personable and a likable person. I knew she had a problem at one time but did not know she’d started drinking again. That’s very unfortunate.”

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“…All Calcasieu Parish employees have been instructed not to respond to any additional requests or demands (for public records) from you associated with the project.”

“…The next time any Calcasieu Parish employee is contacted by you or any of your representatives with respect to the project, we will proceed with further civil actions and criminal charges.”

—Lake Charles attorney Russell J. Stutes, Jr., in a February 2015 letter to contractor Billy Broussard of Breaux Bridge who lost his legal battle over more than $1 million he says is owed him for debris cleanup following Hurricane Rita in 2005. Mr. Stutes apparently is unaware of Louisiana’s public records law which gives all citizens 18 and older the unrestricted right to request, receive and examine any public record.

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Cody Bowlin, after multiple DWIs and a host of other citations and arrests, finally had his day in court on Monday and came away essentially unscathed with a nominal fine and a requirement for community service.

Bowlin, 26, a self-employed auctioneer, appears to be connected via his grandfather, Marvin Henderson of Livingston, founder of Henderson Brothers Auctioneers who has contributed more than $50,000 to various political candidates since 2003.

His citations, in chronological order, include:

  • March 18, 2008—Possession of marijuana;
  • 21, 2008—Speeding, limitations on passing on the left;
  • 24, 2009—Following too closely, driving under suspension (amended to improper parking);
  • May 3, 2011—Shoplifting;
  • 13, 2011—No seat belt;
  • May 31, 2012—Speeding;
  • Nov, 27, 2012—Careless operation, driving left of center, operating a vehicle while intoxicated with controlled dangerous substance;
  • June 2, 2015—Improper overtaking and passing a stopped school bus;
  • 27, 2015—Possession of drug paraphernalia, possession of marijuana or synthetic contraband;
  • 17, 2015—Careless operation of a motor vehicle, driving while intoxicated—controlled substance, second offense; operating a vehicle while under the influence of alcoholic beverages, second offense;
  • June 11, 2016—Possession of marijuana, possession of a schedule 3 drug, improper passing, no insurance (charges dismissed);
  • June 23, 2016—Speeding;
  • 21, 2016—Possession of drug paraphernalia.

In at least three cases, Bowlin failed to appear for arraignment and bench warrants were issued for him.

The arresting officer was not present in court for Monday’s proceedings (did District Attorney Scott Perrilloux suggest to him that he need not attend?). Therefore, the charge of second offense DWI was reduced to first offense DWI. All other charges (careless operation, speeding) were conveniently dropped.

Bowlin entered a No Contest plea to first offense DWI, and Bowlin received the following devastating sentence:

  • 6-month jail term, suspended (no jail time);
  • One-year probation;
  • A fine of $600;
  • 32 hours community service;
  • Must attend MADD’sVictim Impact Panel;
  • Court costs of $1,333;
  • Report back to Judge Elizabeth Wolfe on March 13, 2017, so she can monitor “progress.”

Wyman Bankston, Bowlin’s defense attorney (who also represents Henderson Auctions in its ongoing LITIGATION against First Guaranty Bank and Charles Easler/Worldnet Auctions), and Bowlin lingered in the hallway until time for them to appear.

Call us jaded, but we cannot help but think skeptically. If MADD had not been present in the courtroom for the “trial,”—which was left off the court docket (we suspect as a tactic to keep MADD in the dark)—this would have likely been swept under the rug with all charges dropped as has been the case with Bowlin so many times in the past.

We also have to wonder if District Attorney Scott Perrilloux might have suggested to the officer that he need not attend so the charges could be reduced.

 

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