Feeds:
Posts
Comments

[Editor’s note: The following, with minor edits, is a reprint from a chapter of my book Louisiana’s Rogue Sheriffs: A Culture of Corruption. Copies of the book are available for $30 by clicking on the yellow DONATE button to pay by card or by sending a check to LouisianaVoice, P.O. Box 922, Denham Springs, LA. 70727.]

If ever there was a living caricature of the Barney Fife character from the old Andy Griffith Show, it would have to be Clay Higgins, aka the self-anointed “Cajun John Wayne,” a Dirty Harry wannabe.

Originally a patrolman and a member of the Opelousas Police Department’s SWAT team, Higgins, a former used car salesman, resigned from the OPD on May 18, 2007, in lieu of accepting disciplinary action from Police Chief Perry Gallow.

“Pfc. Clay Higgins used unnecessary force on a subject during the execution of a warrant and later gave false statements during an internal investigation. Although he later recanted his story and admitted to striking a suspect in handcuffs and later releasing him …” read the minutes of the Opelousas Police Department’s Discipline Review Board concerning the March 14, 2007, incident.

Among the actions that had been recommended by the review board:

  • Demotion from Patrolman First Class to Patrolman;
  • Reassignment to a patrol shift for more direct supervision and training;
  • Immediate removal from the SWAT Team;
  • 160 hours suspension from duty without pay.

Rather than be subjected to the disciplinary action, Higgins turned in his equipment and resigned, although his version of events varies somewhat with the official account.

The incident in question occurred, he said, when he and fellow SWAT Team members were guarding the perimeter of a drug bust and a car breached the perimeter. The driver claimed to have cash in the suspected drug house and wanted to retrieve it, according to Higgins. The man was detained and handcuffed, Higgins claimed, and threatened the officers and Higgins slapped a cigarette out of the man’s mouth.

The man, who was subsequently released, filed a complaint and Higgins admittedly lied but later confessed to slapping him. The following week and Higgins turned in his badge and gear and resigned.”

Captain Craig Thomas, who headed up Internal Affairs for the OPD, said Higgins lied in saying that the driver of the vehicle committed a battery upon Higgins and that Higgins only came forward to tell the truth after learning that Sergeant Bill Ortego did not go along with the story told by Higgins and another officer. Ortego said that he, Higgins and a third officer were standing outside the home where the warrant was being executed when a young black man pulled up in a red vehicle, got out and approached the three officers, but did not breach a perimeter as claimed by Higgins because “there was no perimeter set up for Richard to see,” Thomas said. “He was parked in the street.”

When Higgins walked to the driver’s side of the vehicle and started looking in the car through the open door, Richard attempted to close the door while Higgins was still standing in the doorway, at which time Higgins and the second officer threw Richard to the ground, Ortego wrote in his statement. Ortego made it clear that the driver had not placed his hands on Higgins before trying to close his car door.

Once the man was on the ground, Higgins asked for handcuffs and when the cuffs were on, Higgins grabbed him by the hair and told him to contact his lawyer, Ortego said, adding that the two officers began searching Richard’s vehicle, which they did not have permission to do, and noted that Ortego himself and Lieutenant Craig Leblanc, who was also present, helped the man off the ground, at which time Richard told Higgins, “It’s all right, everybody got to die someday.” Higgins took it as an implied threat and it really pissed Higgins off, prompting him to remove the cuffs and push the man onto the car, then put his hand around his neck before slapping him in the face and telling him to leave, according to Ortego’s statement. Higgins then pulled the cigarette out of Richard’s mouth and pushed him toward his vehicle, Ortego said.

Following his departure from the OPD, Higgins next showed up as a public information officer for the St. Landry Parish Sheriff’s Office. His career there took an even more bizarre turn and established him as something of a pseudo folk hero in what he perceived as the mold of some kind of super cop, or better yet, the reincarnation of John Wayne himself. But his blatant—and oddly comical—self-parody bathed him more in the light of Deputy Fife than the Duke.

While employed by the sheriff’s office, Higgins took it upon himself to make a series of macho videos of himself in full battle garb and armed to the teeth. With a full contingent of law enforcement personnel, armaments and a police dog standing alertly in the background, Higgins embarked on a rant against thugs, gang members, and assorted criminals, promising them there was no safe haven for them as long as he was on the job.

To say the video was a caricature that made him appear as the illegitimate love child of Arnold Schwarzenegger and Daffy Duck would be too kind.

The videos gained him instant notoriety on YouTube, garnering thousands of hits. That only encouraged Higgins to branch out and to begin offering commemorative cups, caps and T-shirts to an adoring public. Soon, he was appearing as a paid guest on talk shows, giving paid speeches and doing paid advertisements, all of which naturally, in today’s media-dominated society, morphed into a TV reality show. Saying he had his reasons for preferring payment in cash, he charged $1500 for a television production, a thousand dollars for a radio production and one hundred fifty dollars an hour in travel time and another thousand for a photo session.

It also prompted swift action on the part of St. Landry Parish Sheriff Bobby Guidroz. After Higgins’s forced resignation, Guidroz said, “Clay Higgins formed a personal business venture to raise money by selling mugs, T-shirts and other trinkets using department badge and uniform.” Explaining that using the sheriff’s office to promote his businesses was against departmental policy, Guidroz said, “I reined Higgins in.” He said that Higgins needed to take his own advice to not be disrespectful and to “follow the law.” Guidroz said he never authorized Higgins to appear on mugs, T-shirts or any other paraphernalia.

The personal business to which Guidroz referred, Captain Higgins Gear Company, LLC, was incorporated on October 15, 2015, according to Louisiana Secretary of State records.

Guidroz related an incident in which Higgins requested extra body armor and an AR-15. He also asked to take the sheriff’s department decals off his car because, Higgins said, “My wife is home alone a lot and I don’t want them (those he had targeted in his videos) to see that I’m a policeman living in this area with the decals on my car.”

Guidroz said he told Higgins, “No, and I’ll tell you why: You put a target on fifty-five other deputies in this parish that have marked units. By calling these guys (gang members) out on the street, claiming to be a bad-ass, you put that target on them. Why should I grant you that request to unmark your car?”

As his supersized ego continued to grow, so, too, did his dream of a TV reality show in which he would out-Seagal actor Steven Seagal who at one time had his own TV reality cop show in which he did ride-alongs with the Jefferson Parish Sheriff’s Department. Higgins, expanding on that theme, actually envisioned himself popping in on various police department SWAT teams around the country and inviting himself to raids where he would personally arrest perps and then exact confessions from them during on-camera interrogations. Left unexplained was just how he intended to convince local police departments to allow him to swoop in and claim the glory after what may have been months of investigation and surveillance on their part.

Only after he left the St. Landry Parish Sheriff’s Office was it learned that Higgins had not paid federal income taxes for several years, and his salary there was being garnished by the IRS. Moreover, it was also learned belatedly that Higgins was being sued by one of his ex-wives for $100,000 after falling behind on child support payments a decade earlier.

Higgins, who denied an accusation by another ex-wife that he put a gun to her head during an argument in 1991, landed on his feet, this time as a reserve deputy for Lafayette City Marshal Brian Pope who was himself indicted by a grand jury in August of 2016.

Meanwhile, Higgins was mounting an improbable run for U.S. Representative from Louisiana’s Third Congressional District. He was seeking the seat previously held by Rep. Charles Boustany who ran—and lost in his race for the U.S. Senate seat vacated by the retiring David Vitter. Higgins, running as an unabashed supporter of Donald Trump (why should no one be surprised?), was pitted in the runoff against Scott Angelle, a member of the Louisiana Public Service Commission. In the November primary, Angelle led the field. But in the December 10 runoff, Higgins inexplicably swamped Angelle.

Days before his runoff victory, Higgins was taped by ex-wife Rosemary Rothkamm-Hambrice as they discussed his delinquent child support payments. “…I really don’t know how much we should talk about this on the phone,” Higgins said. “I’m just learning really about campaign laws and s**t, but there’s going to be a lot of money floating around…”(emphasis mine)

Congressman Higgins, just as he had done as police officer and deputy sheriff Higgins, lost no time launching himself into more controversy. In office barely three months, he made headlines when, responding in April to an Isis attack in downtown London that left seven dead and 48 injured, he called for the mass extra-judicial killing of people even suspected of sympathizing with “radicalized” Islam.

“Not one penny of American treasure should be granted to any nation who harbors these heathen animals,” he was quoted as saying in the online publication ThinkProgress. “Not a single radicalized Islamic suspect should be granted any measure of quarter. Hunt them, identify them, and kill them. Kill them all. For the sake of all that is good and righteous. Kill them all.”

Without bothering to provide any guidelines as to how an Islamic sympathizer would be identified for extermination, he went on to describe the conflict as a war between Christendom and “Islamic horror.”

Three months later, he was at it again. Traveling to Germany for no other reason than to be seen in the company of Trump on the President’s visit there, Higgins paid a visit to Auschwitz, the concentration camp where hundreds of thousands of Jews were murdered by Germany’s Nazi regime during World War II, Higgins videotaped himself inside the facility, taking the occasion to go political, saying, “This is why homeland security must be squared away, why our military must be invincible.”

A sign outside the Auschwitz gas chambers clearly says, “You are in a building where the SS murdered thousands of people. Please maintain silence here: Remember their suffering and show respect for their memory.”

The video prompted an immediate reaction from the Auschwitz Memorial and Museum. “Everyone has the right to personal reflections. However, inside a former gas chamber, there should be mournful silence. It’s not a stage.”

Sadly, instead of coming off as Gen. George S. Patton of WWII fame, he reminds us of more of Gen. Amos T. Halftrack of the Beetle Bailey comic strip.

General Amos T. Halftrack | hobbyDB

“It’s really unbelievable that we have allowed our nation to be shuttered. Let’s see what we can do about that. Come May 1, the government is either going to allow America to open, or America is going to force the government to open.”

–Clay Higgins, Louisiana’s pitiful excuse for a member of Congress, in a typically incoherent rant while standing outside Trump Tower on Wednesday. Higgins, who couldn’t cut it as a law enforcement officer, apparently wants to incite an insurrection against the government he has sworn to protect.

The Reconstruction era ended in 1877. Seven years earlier (150 years ago), with ratification of the 15th Amendment, black males were granted the right to vote.

Seventeen years before that, The Emancipation Proclamation of Jan. 1, 1863 said that “all persons held as slaves” within the rebellious states “are, and henceforward shall be free.”

So, by 1880, blacks were not only free, but they had the right to vote. Federal troops had been withdrawn, so the time seemed right to restore the old order of white supremacy in the South.

But how?

Well, the Louisiana legislature had an answer that appeared to solve two problems at once.

Split jury verdicts.

Only one other state, Oregon, had the split jury conviction law on its books, and while still based on race, it had nothing to do with slavery. In that state, the law had been used to convict a Jewish defendant.

LOUISIANA took the lead over its sister Confederate states by passing a law that year which said a person could be convicted of a crime by a jury vote of 9-3. The Louisiana Constitution Convention of 1898 made it official and even went so far as to boast that the stated purpose was “to establish the supremacy of the white race in the state.”

The split verdict law withstood a legal challenge in 1972 when it was upheld by the U.S. Supreme Court but in 1973, the Louisiana Constitution Convention did scale back the law a bit when it revised the law to require at least a 10-2 vote in favor of conviction—or acquittal. For capital murder cases, the requirement for a unanimous jury verdict has always remained in effect.

The dual effect was not only to discourage blacks from voting (only eight states allow convicted felons to vote—Louisiana is not one of them), but it also helped alleviate the “hardship” imposed on those poor plantation owners who, suddenly deprived of their slave labor, found themselves short-handed for harvesting cotton and sugar cane.

But a literal reading of the 13th AMENDMENT provided the all-important legal loophole:

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. (emphasis added)

Blessed with rare economic foresight, the legislature saw an opportunity to pioneer what would evolve into lucrative prison work-release programs more than a century ago. (It would be the last time any Louisiana legislature would be accused of possessing the gift of economic foresight—except in cases of individual graft and corruption.)

The more inmates the state could crowd into its prison system, the greater the number of warm bodies available to be leased out to the plantation owners to harvest those crops to be shipped downriver to New Orleans and on to the world market.

Of course, a prison facility large enough to house a sufficient number of slaves prisoners was needed.

So, in 1880 (the same year the split-verdict law came into effect—coincidence?), ANGOLA STATE PRISON was erected on an 8,000-acre plantation in West Feliciana Parish, drawing its name from the African homeland of its former slave population. The prison was run by a private firm until reports of brutality against inmates prompted the state of Louisiana to take control of it in 1901. Today, it covers 18,000 acres, making it the largest maximum-security prison in the U.S.

But in October 2018, a brash, young judge up in Sabine Parish, hard on the Texas border, ruled that the split verdict in Louisiana was unconstitutional.

Judge Stephen Beasley, of the 11th Judicial District that borders Toledo Bend Lake on the Texas-Louisiana border, ruled as unconstitutional the case of Melvin Maxie who, by a jury verdict of 11-1, received an automatic life sentence by virtue of an 11-1 conviction of second-degree murder.

Beasley, who had presided over Maxie’s 2017 trial, also ruled that Maxie deserved a new trial on the grounds that prosecutors improperly struck three prospective jurors because of their race. His ruling was challenged by District Attorney Don Burkett.

His ruling came only three weeks before an election on a statewide constitutional amendment which would have struck down the split verdict in favor of unanimous verdicts for non-capital offenses. That proposed was easily approved by 64 percent of the vote.

And though the case decided by the Supreme Court was one out of Orleans Parish where District Attorney Leon Cannizzaro obtained a 10-2 conviction of second-degree murder, the high court opinion, written by Justice Neil Gorsuch and supported by Justice Brett Kavanaugh, cited Beasley’s ruling twice in its first three pages. Both Gorsuch and Kavanaugh are appointees of Donald Trump.

Others siding with the majority were justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Clarence Thomas. Dissenting were Chief Justice John Roberts, Samuel Alito and Elena Kagan.

The immediate effect of the decision is to void dozens—perhaps hundreds—of split jury verdicts in Louisiana and Oregon.

And perhaps create a manpower shortage in work-release programs throughout Louisiana.

 

“I don’t know what the governor of Maryland is doing in South Korea. The governor of Maryland didn’t really understand. He didn’t really understand what was going on.”

–Donald Trump, in his April 21, 2020, criticism of Maryland Republican Gov. Larry Hogan’s acquisition of 500,000 coronavirus tests from South Korea after his telling the states that they essentially were on their own and to not rely on the federal government.

 

“I have a pretty good understanding of what’s going on and I appreciate the information that was provided by his team. The administration made it clear over and over again they want the states to take the lead.”

Republican Gov. Larry Hogan, responding to Trump’s defensive rant.

 

“The United States was once known for its can-do culture. We built the Panama Canal and we put a man on the moon. And now we can’t get a swab or a face mask or a gown and we have no real chain of command. And we have two Americas, a Republican one and a Democratic one, and they won’t collaborate. We are not leading in the pandemic response, we are trailing other countries by a long shot. This is a crippling blow to America’s prestige around the world.”

–Historian Douglas Brinkley of Rice University, on the nation’s inadequate response to the coronavirus pandemic, April 21, 2020.

All of which begs the obvious questions:

  1. Is it humanly possible for Trump to not blame someone–anyone–else for his blunders (which would be comical were the consequences not so severe)?
  2. Must everything be about Trump (as opposed say, to making at least a few things about cooperation, progress, and some faint signs of leadership?)
  3. Is it remotely possible to have just a hint of consistency from this administration?

 

“We have testing coming in two weeks that will blow the industry away.”

—Donald Trump, at Monday’s briefing on the coronavirus.

 

“If the testing does not get sorted out as soon as possible, it will be another nail in an almost closed coffin.”

—Comment of a Republican close to the White House in response to that assertion, adding that empty self-serving claims will not overcome the political challenge to Trump..