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Archive for the ‘Public Records’ Category

Weary of constant barrage of inquiries on Union Parish rape probe, AG Landry re-writes rules for public records requests

Posted in Attorney General, Corruption, Crime, Ethics, Governor's Office, Lawsuits, Media, Politicians, Public Records, Transparency on January 17, 2018| 19 Comments »

Jeff Landry is a man who knows the value of positive public relations.

Negative PR? Not so much.

LouisianaVoice has for months now been attempting to extract some type of information regarding the AG’s progress in investigating that April 2016 RAPE of a 17-year-old female inmate by a convicted rapist—in the Union Parish Jail in Farmerville.

And after months of not-so-artful dodging with the oft-repeated, “This matter in under investigation, therefore I cannot comment on the specifics or answer questions at this time” response of Press Secretary Ruth Wisher, there apparently has been no progress in the investigation.

Recently, though, the AG’s office has altered its method of responding to public records requests—and the method for submitting same.

Once it was sufficient to initiate an official public records request (PRR) to the AG’s Public Information Office with a simple email that began: Pursuant to the Public Records Act of Louisiana (R.S. 44:1 et seq.), I respectfully request the opportunity to review the following document(s):

Now, though, the AG has abruptly switched gears to require that inquiries be routed through a different office—which would seem to make the name of the Public Information Office something of a misnomer.

Previously, following that referencing of the state’s public records act, one would simply list the documents desired (It’s crucial that you request actual documents and not just general information: public agencies as a rule—there are exceptions—won’t respond to general requests). Here is a recent (Dec. 13, 2017) request submitted by LouisianaVoice for which no response has yet been received:

  • Please provide me a current list (and status) of all criminal investigations undertaken by the Louisiana Attorney General’s office since Jeff Landry’s inauguration.
  • Said status should include all dispositions of cases, including convictions and/or dropped charges, where applicable.

But now, Landry’s office appears to be circling the wagons. No more are we to submit request to the Public Information Officer, which makes public information something of an oxymoron. Here is our latest inquiry about the status of the investigation of that rape case which is now entering its 21st month despite the fact that authorities know the following:

  • Where the rapes (she was raped twice) occurred (in the confines of a small cell);
  • When they occurred;
  • The identity of the victim;
  • The identity of the alleged rapist (who was awaiting sentencing for a prior conviction of aggravated rape)

Here is LouisianaVoice’s request:

“Please provide me an update on the current status of the Union Parish jail cell rape case that occurred in April of 2016.

Should you respond with the usual “ongoing investigation” response, then please try to give me some indication as when this unusually lengthy investigation of a relative uncomplicated matter will be completed.”

Here is the AG’s response:

As you have anticipated, Louisiana’s Public Records Act, specifically La. R.S. 44:3(A)(1), exempts records held by the office of the attorney general that pertain to “pending criminal litigation or any criminal litigation which can be reasonably anticipated, until such litigation has been finally adjudicated or otherwise settled. . . .” Therefore, records related to open investigations are not subject to disclosure until the case is finally adjudicated or otherwise settled. 

Additionally, your request does not identify any currently existing record. The creation of periodic “status updates” is not an obligation imposed upon public bodies by Louisiana Public Records Law, La. R.S. 44:1, et seq. Please direct future requests for press releases to our Communications Division at AGLandryNews@ag.louisiana.gov. If you have any further requests to make pursuant to La. R.S. 44:1, et seq., please let me know. 

With Best Regards,

Luke Donovan
Assistant Attorney General

Well, I can certainly understand that records of pending matters are exempted but how long is Landry going to let this languish? The victim has filed suit against the state and Union Parish but that is a civil matter. The rape is a criminal investigation. And while the AG is charged with defending the civil suit, the two are separate matters handled by separate divisions.

And what, exactly, does Donovan mean by “pending criminal litigation”? We have pending civil litigation and we have pending criminal prosecution. Again, they are separate, handled by separate divisions.

But then, Landry is nothing if not a publicity hound. He loves to see his name in print. He just doesn’t have the same enthusiasm for actual work. Take the theft from the DeSOTO PARISH Sheriff’s Office that was turned over first to Landry’s predecessor Buddy Caldwell and then to him to investigate because the victim of that theft was the local district attorney, creating for him a conflict of interests.

Landry never did complete that investigation which pre-dated the Union Parish rape case by two years. It was a federal grand jury that ended up indicting the employee involved.

And finally, there is the ALTON STERLING case which, following the U.S. Justice Department’s punting on the matter, was taken up by Landry last May. Nearly 10 months later, Landry has yet to give any indication as to when he will issue a report on that shooting by Baton Rouge police.

So, Ruth Wisher is stuck with the unenviable task of trying to make her boss look good. It’s not quite as daunting a task as that of Sarah Huckabee Sanders in trying to make a silk purse of the sow’s ear that is Donald Trump, but daunting nevertheless.

The glowing press releases will continue in Landry’s unabashed quest for the governor’s office while the real work of completing the investigation of the rape of a 17-year-old will continue to get short shrift because, realistically speaking, there are no votes to be gained in protecting the rights of a meth addict.

And that, readers, is the very definition of hypocrisy.

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Non-compliance list makes Legislative Auditor job the most frustrating in state govt. as fiscal responsibility laws ignored

Posted in Audit Reports, Auditor, Corruption, Ethics, Finances, Governor's Office, House, Senate, Legislature, Legislators, Media, NGOs, Politicians, Public Records, State Agencies, State Police on January 9, 2018| 4 Comments »

One of the most frustrating jobs in state government has to be that of the Legislative Auditor.

The office is charged with the responsibility of ensuring that audits and sworn financial statements of all public entities are carried out in a timely—and legally-prescribed—manner and that the books of those entities are in order.

Yet, whenever discrepancies are found and reported, little comes of the auditors’ reports. Oh, in cases where the findings are significant, such as the recent audit of the management of former Louisiana State Police Superintendent Mike Edmonson, a report will make a big splash in the media.

But then, it quickly becomes old news and is forgotten. All too often, in the end, nothing is done to actually rein in those who might be guilty of lax fiscal responsibility over their organization or worse—possible malfeasance.

Seldom is there any follow-up on the part of those who have the authority to make changes. An office or agency head continues to lead the organization with little or no disciplinary action handed down from above, be it from a department head, cabinet member, or, in some cases, the governor himself.

In short, there is little real accountability in state government. A critical audit, conducted at no small expense, points out shortcomings, a management letter is generated promising reforms, and life—and abuses of the public trust—go on unabated.

As Exhibit A, we have the Auditor’s NON-COMPLIANCE LIST, a dishonor roll that dates back as far as 2004 and which contains well over 100 agencies, offices, organizations and individuals who have failed to comply with state statutes.

The list is liberally peppered with justices of the peace, community development districts, constables, social organizations, and even municipalities, sheriffs’ offices, and clerks of court—all reflecting the widespread disregard for fiscal responsibility or, to be charitable, just plain ignorance of the law.

Any organization that has any financial relationship with the state or a parish must, depending on the size of the organization’s budget, provide a review/attestation of its financial condition, a sworn financial statement, or a full-blown audit on a yearly basis.

From Acadia to Winn, virtually every parish has at least one organization on the non-compliance list. Here are a few examples:

  • The Beauregard Parish Hospital Service District No. 1, Merryville—five times between the years 2004 and 2009: failure to produce an audit;
  • The Ward 7 Caddo Parish Constable—seven years between 2009 and 2016: no sworn financial statements;
  • The Resource Center in Caddo—10 straight years, from 2008 to 2017: no financial statements;
  • Louisiana Auto Insurance Plan, East Baton Rouge Parish—10 straight years, from 2007 to 2016: no audit;
  • Ville Platte City Marshal, Evangeline Parish—six consecutive years, from 2012 to 2017: no sworn financial statement;
  • St. Landry Parish Constable, District 8—nine years between 2005 and 2016: no sworn financial statement.

State Auditor Daryl Purpera, contacted by LouisianaVoice, acknowledged the frustration of constantly having to chase down the various offices. “It keeps us pretty busy and it costs the state money to track this in terms of both money and man-hours.”

He said state law says when any organization found to be in non-compliance for three consecutive years, that is considered malfeasance. “That law is on the books,” he said.

STATE REP. NEIL ABRAMSON

A few years back, State Rep. Neil Abramson (D-New Orleans) attempted to push through a bill in the legislature which would required any non-governmental organization (NGO) or public body to be on the Legislative Auditor’s approved list (not on the non-compliance list) in order to be eligible to receive any state funding or to conduct business with the state.

Abramson’s bill failed.

Now, who would have ever thought that?

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Former State Trooper Jimmy Rogers, who resigned ahead of probe, changes mind, asks that he be disciplined, reinstated

Posted in Corruption, Crime, Ethics, Public Records, State Police on December 23, 2017| 17 Comments »

Former Trooper Jimmy Rogers is ready to don the uniform of a Louisiana State Trooper again.

This is the same Trooper who worked LACE while serving a suspension in violation of state police policy.

His friend and commander, Capt. Chris Guillory, allowed him to work LACE while serving a 240-hour suspension. Rogers was suspended for threatening people and using state police resources for personal use such as criminal background checks on persons he was threatening. Sources tell LouisianaVoice the threats were issued to the boyfriend of a woman he was having an affair with and impregnated.

Rogers was the target of an investigation of charges that he used his state police position to influence criminal charges against Dwight Gerst. Internal Affairs investigators obtained a statement showing Rogers getting a witness to go along with him which in turn resulted in criminal charges against Gerst.

Rogers was cleared in that investigation. Gerst was acquitted of the unwarranted criminal charges. Gerst currently has a lawsuit for civil damages pending against Rogers.

LouisianaVoice previously reported former Trooper Jimmy Rogers was suspected of claiming LACE hours which he did not actually work. In the midst of the investigation, he suddenly resigned. LSP repeatedly denied our requests for the investigation file leading up to his resignation claiming they are not subject release because Rogers was not punished.

LouisianaVoice received information that Rogers has requested to return to LSP on March 7 of this year. Several Troopers are concerned that he might be rehired. Under former State Police Superintendent Mike Edmonson, this was a legitimate concern. We find it highly unlikely that he would be hired under Col. Reeves. We made a public records request for the email sent by former Trooper Rogers. Here is the email:

Captain Broussard

Rogers, Jimmy <JimmyARogers@cbi.com>

Tuesday, March 07,2017 2:07PM

 Benny Broussard

I’m not sure if you remember me. I left Troop D just before you were brought on as the Captain. As you know we were the subject of intense press and investigations. I resigned in good standing due to all of the pressure involved and the job opportunity that was presented to me. Lately, I have been rethinking that decision. Being a Louisiana State Trooper was my life and I did it to the best of my ability every day. I was clear of every claim except altering times on tickets. I am guilty of writing times on tickets later than the stop actually was. I would like the opportunity to finish the investigation with IA over LACE discrepancies and serve whatever penalty comes my way. I will always be LSP to my core and I miss the job to the point of coming to you for mercy. If this is even possible. Could you direct me appropriately!

(Check on images to enlarge for easier reading):


Check out the privacy notice at the bottom of that email. Rogers sent the message from his work computer. He went begging for his old job at 2:07 p.m., while on duty at his current job. His employer, Chicago Brick and Iron, should really appreciate that.

Broussard responded tactfully to Rogers, telling him he was directing his request “up the chain of command.”

Broussard forwarded the request to Region 2 Commander Maj. Becket Breaux, also on March 7:

From Breaux, the email from Rogers went up the line to LSP headquarters in Baton Rouge:

…And finally, to former LSP Chief of Staff Charlie Dupuy:

That, apparently, is where the matter rests. There were no other communications provided to LouisianaVoice by LSP.

But for the moment, let us focus for a moment on this statement: “I am guilty of writing times on tickets later than the stop actually was.”

Criminal investigators call this a confession. It is a usable confession made voluntarily and not subject to any Miranda limitations. The email sent to Troop D Commander Capt. Benny Broussard asking for his job back suggests he committed the following crimes.

14:138 Public payroll fraud (felony)

14:133 Filing or maintaining false public records (felony)

14:134 Malfeasance in office (felony)

Our sources say that Rogers’ dash camera footage, witnesses, citations, radio logs, and time sheets will further prove he was abusing the LACE program. We have attempted to get this information but were denied. We have reissued our public records requests to the new LSP administration in hopes of compliance with the law or a valid denial based on the records are now part of an ongoing criminal investigation.

LSP has the same information on Rogers as was discovered by Lee Zurik in the investigation of other troopers. Zurik’s information has resulted in criminal investigations. The only difference is when LSP finds it, they have covered it up. It is time for LSP to do the right thing for the citizens of Calcasieu Parish who paid for services that were not provided.

Troopers should not be afforded the opportunity to resign for the purpose of stopping a criminal investigation. LSP does not offer this option to other agencies or individuals. It is time for LSP to do the right thing on their own and stop making the media do their investigations for them.

Better yet, comply with Rogers’ request and complete the investigation.

 

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Edmonson predictably tries to spin LSP audit release as Gov. Edwards, like Lady Macbeth, tries in vain to remove the spot

Posted in Audit Reports, Auditor, Corruption, Ethics, Governor's Office, Media, Public Records, State Police, Transparency on December 14, 2017| 16 Comments »

Legislative Auditor Daryl Purpera has released the investigative audit of Louisiana State Police (LSP) pursuant to receiving an undated letter from former State Police Superintendent Mike Edmonson in which Edmonson said he felt “constrained” to notify Purpera to release the audit to the State Senate.

At the same time, Edmonson said he would submit his official response to the audit’s “various contentions” by Jan. 15, 2018.

Edmonson, in his rambling, grammar mistake-laden letter, continued to cling to the claim that the audit was released prematurely by Purpera’s office.

Simultaneous to the release of the audit, Gov. John Bel Edwards released a curious two-paragraph statement of his own concerning the findings of the audit report. In his statement, Edwards managed to avoid mentioning Edmonson by name, referring to him instead as LSP’s “previous leader.”

“I have welcomed this investigation from the beginning and instructed the Louisiana State Police to fully cooperate,” Edwards said. “The Legislative Auditor’s report uncovered some troubling findings and serious problems with past abuses of power from its previous leader who left his post in March. I believe that public servants must always hold themselves to the highest ethical standards,” the governor said. “That being said, our men and women of the State Police are honorable public servants who do a tremendous job protecting the citizens of Louisiana, often under very dangerous circumstances. Through the leadership of Col. Kevin Reeves (Edmonson’s successor), who took the helm of this department in March of this year, the department has already taken significant steps to restore public trust and accountability. Col. Reeves is one of the finest individuals I’ve had the pleasure of working with, and I am confident that he is already leading the State Police in a new, positive direction.”

Well, Gov. Edwards, I’m sorry, but you don’t get off that easily.

You have been governor now just a couple of weeks shy of two years. I have been writing about Mike Edmonson since June 2014, beginning with that bill amendment sneaked into the legislature on the last day of the 2014 session which would have given Edmonson an illegal boost to his retirement of about $100,000 per year. You voted for that amendment but then, to your credit, called for an investigation when the ruse was exposed by LouisianaVoice.

That story, which LouisianaVoice was first to break, put you and every other member of the Louisiana Legislature on notice of just what Edmonson was capable of. You knew from that day forward that despite his denials, he had encouraged Sen. Neil Riser to slip that amendment into the bill.

But LouisianaVoice didn’t stop there. We kept writing stories about Edmonson’s mismanagement:

  • About his promotion of a supervisor who was hooked on prescription drugs;
  • About his promotion of a trooper who tried to sneak an underaged woman (not his wife) into a Mississippi casino;
  • About his lack of disciplinary action when a trooper had sex (twice) with a woman in his patrol vehicle while on duty;
  • About a trooper who was allowed over an extended period of time to work a fraction of his shift before going home and going to bed;
  • About how he lied to the State Police Commission about the creation of a lieutenant colonel position for a specific member of his inner circle;
  • About how he lied when he said the raises he pushed through for State Troopers would not benefit him or the command officers immediately under him (they did);

There were dozens more such stories published by LouisianaVoice.

Yes, Governor, I wrote consistently about Mike Edmonson for the year before you were elected and for the two-plus years since. You knew what the problems were. Still, you re-appointed him.

You even danced the old bureaucratic shuffle on that issue when I emailed you on Oct. 27, 2015, following your election:

“Please tell me your intentions as to the re-appointment of Mike Edmonson.”

Your response:

“I don’t intend one way or the other.”

But you did intend. You already knew, thanks to your endorsement by the Louisiana Sheriffs’ Association, that you had no choice other than to re-appoint him.

Edmonson himself told the Baton Rouge Advocate that you told him on the night of the election, at a party at the Hotel Monteleone, “that he had never even considered another candidate for superintendent.”

But you did have a choice. You had the West Point Honor Code to fall back on. You could have done the right thing and cut Edmonson loose because you already knew he was a liability.

Still, you re-appointed him. The Sheriffs’ Association endorsement meant a lot, didn’t it?

So please, Governor, don’t try to take the high road on this issue. The auditor’s report did not uncover a single problem that had not already been publicized on LouisianaVoice.

For three years.

And now, like Lady Macbeth, you’re trying to get the spot out. But it won’t wash.

But enough of that. Back to Mike Edmonson’s letter.

“As you of all people know,” he wrote to Purpera, “the protocol used…is to provide the recipient (of an audit), whether it is an individual, a public board, or another public body, with a confidential draft report to afford the responding party and opportunity to address the statements in the draft report before it is publicly disseminated.

“For inexplicable reasons, the confidential draft report regarding me and the Louisiana State Police was leaked to the media and the contents of the draft then was (sic) disseminated to media outlets throughout the State—all before I could respond to the various contentions (sic). Realizing the inherent unfairness to me, the residents of our State, as well as respect for the normal procedures, I trust your office has begun an investigation into this improper conduct and will soon report your findings.

“…Given the publication of large segments of a preliminary commentary, and the apparent breach of normal practices that seems to have disclosed the entirety of the confidential draft report, I am now constrained (sic) to notify you that you can release the report and provide your report to the Louisiana State Senate this week. I, in turn, will promptly deliver my response feeling confident the residents of this State will not prematurely reach conclusions until all of the facts are presented. That is the way the process works, that is the only impartial and objective approach, and I strongly believe that is what our fellow citizens expect.”

First of all, Mike, the contents of the audit were not disseminated to “media outlets throughout the state.” Two media outlets had it and they were news partners—the Baton Rouge Advocate and WWL-TV in New Orleans. That was it. Not throughout the state. Not even throughout Baton Rouge.

Second, there were only two copies of the audit. One went to LSP and the other to Edmonson. And the one to Edmonson was the only one with a cover letter to Edmonson himself—and that was the one that was released. WWL-TV even flashed a copy of that COVER LETTER on screen when it aired its story about the audit.

Ergo, there is only one way that audit could have been leaked: from Mike Edmonson himself or someone acting on his behalf. The motive could only be what Edmonson expressed in his letter: to allow him to claim he was treated unfairly and that his defense has been compromised by the prejudicial release of the audit before he could respond.

Unsurprisingly, when LouisianaVoice first called attention to WWL’s posting a copy of that cover letter, the station promptly took the story down. But screen shots of the letter were captured by viewers who apparently anticipated just such a move.

oOo

Editor’s Note: There’s a lot going on with this audit that cannot be covered in a single story. For example, Reeves and several of the troopers involved in that San Diego trip have responded to the audit in writing. One of those responses was 16 pages in length.

Plus, there was a meeting Thursday of the Legislative Audit Advisory Committee which had some interesting exchanges.

LouisianaVoice will be taking these on in separate stories over the coming days.

 

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HIPAA, LSP, DPS, WBRZ, with a little MYOB thrown into the mix, and you have a salacious, confusing, interesting lawsuit

Posted in Corruption, Crime, Ethics, Lawsuits, Media, Public Records, State Police, TV News on December 13, 2017| 43 Comments »

Controversy surrounding that preliminary default judgment levied against a Baton Rouge television station just won’t go away and now a second lawsuit has been filed naming the plaintiff in the first lawsuit and his employer, Louisiana State Police (LSP), as defendants.

And just to make matters a bit more confusing, the name of that defendant (and the plaintiff in the litigation against WBRZ-TV) is the same name—but not the same person—as an occasional writer for LouisianaVoice.

Throw in illegal background searches and claims of violations of the Health Insurance Portability and Accountability Act (HIPAA), a police officer posing as a police officer, and a nasty divorce, and you’ve got the ingredients for a salacious story that would send a counsellor scrambling for the cabinet where the hard liquor is stashed.

Got it? Didn’t think so. Okay then, let’s review:

Back in October, 21st Judicial District Court Judge Doug Hughes signed a $2.5 million preliminary default judgment against WBRZ after the TV station failed to answer a defamation LAWSUIT against it and its investigative reporter Chris Nakamoto filed by State Trooper Robert Burns of Livingston Parish—a different person altogether than the Robert Burns who periodically writes for LouisianaVoice.

Nakamoto had reported a story about a 64-hour suspension imposed on Burns by LSP following an Internal Affairs investigation into his conducting 52 illegal computer searches on his ex-wife, one Carmen Hawkins, her current fiancé and a former boyfriend over a period of nearly three years—from November 2013 to October 2016.

Nakamoto’s story was taken exclusively from public records he obtained from LSP, so there should have been no question as to the story’s legitimacy. Had the station’s attorney filed an answer, the suit in all probability, would have been dismissed with prejudice, meaning the dismissal would be final. By failing to answer, WBRZ attorney Stephen Babcock of Baton Rouge left Judge Hughes no choice but to enter the preliminary default. That judgment, of course is now under appeal, if somewhat belatedly, and is likely to be reversed.

Burns, in appealing his suspension, said on 46 of those 52 searches, he was conducting a search of his own license plate and that the “spin-off” searches of his wife were a result of “unintended inquiries generated by an automated system.”

IA didn’t buy that explanation, especially since “spin-of” searches generated by an “automated system” couldn’t explain away the two searches on his former wife’s current fiancé and the four searches on her ex-boyfriend. Those searches, besides vehicle and driver’s license records, also included computerized criminal histories on the two men.

Moreover, Burns subsequently disseminated some of the information (we’ll get to that shortly) and then texted his ex-wife to request that she not report his actions because he “could get fired for doing so.”

The searches, according to a letter to him from LSP, were for “non-law enforcement purposes, in violation of department policy and federal law.”

Hughes signed the preliminary JUDGMENT on Sept. 28. On Oct. 19, the day after the LouisianaVoice STORY, Carmen Hawkins weighed in with her own LAWSUIT against the Department of Public Safety (DPS), LSP, and Burns and this is where things really get dicey.

She claims in her petition that she had her vehicle in an auto body shop in Walker when her ex-husband, Burns, appeared at the shop “in uniform and identifying himself as acting under the color of law and within his capacity as an employee of…Louisiana State Police, and proceeded to ask questions about plaintiff’s vehicle and the circumstances surrounding it(s) needing repair.”

Some time following his visit to the repair shop, she says in her lawsuit, Burns appeared at the Livingston Parish Sheriff’s Department “dressed in uniform and identifying himself as acting under the color of law and within his capacity as an employee of…Louisiana State Police (and) proceeded without probable cause to request that a warrant be issued” for her arrest “on allegations he knew to be false or which were based upon reckless disregard for the truth.”

She was then arrested at her home by sheriff’s deputies but “immediately release when the reason for her arrest was discovered,” she said. But that was far from the end of the matter.

In her petition, she says Burns then “published false and defamatory communications” to her employer, “which communications impugned plaintiff’s professional reputation and included the false allegation that plaintiff had accessed confidential, personal health (HIPAA) information.”

Unauthorized access and dissemination of confidential patient information is a violation of HIPAA regulations.

She said Burns’ claims were false and that it resulted in the termination of her employment.

LouisianaVoice sources have indicated Hawkins’ former employer was Our Lady of the Lake Hospital in Baton Rouge and that she has since obtained employment at another Baton Rouge hospital.

She says little about the alleged HIPAA violations but does say in her lawsuit that her ex-husband’s access to LSP databases had been permitted “by the customs and regular practice” of LSP and former State Police Superintendent Mike Edmonson, who she said was believed to have had “actual knowledge that its employees, including…Robert Burns, who were not listed as authorized users, could and were engaging in violations of department policy and state and federal law by using the databases…”

Her attorney, Jonathan Mitchell of Baton Rouge, is asking that DPS, LSP and Burns be held liable in solido (jointly) for damages and losses sustained by his client.

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