Monday, October 24, 2011

The Rigours of Defeat: Worse Case Scenario

2011 No Better!? 2012 Worse! ~ Unless!~ Joint Motion all must reply

Former officer clears last criminal charge

Oct. 22, 2011, 1:15 p.m. CDT
AP

WINNFIELD, La. (AP) — Winn Parish prosecutors have dropped a malfeasance charge against a former Winnfield policeman in the death of a man who was shocked with a stun gun, and former officer Scott Nugent has agreed not to seek reinstatement or back pay.

Nugent's attorney, George Higgins, told The Town Talk (http://townta.lk/pQrixs) about the agreement Friday.

A jury acquitted Nugent last year of manslaughter in the death of Baron "Scooter" Pikes, who died in 2008 after being shocked eight times.

Higgins says the case is finally over.

However, there's still a wrongful death lawsuit in federal court against Nugent and city officials. They asked Judge Dee D. Drell in September to dismiss it.

Latrina D. Thomas, the mother of Pikes' young son, has until Nov. 4 to file her response.

**all parties in the case in the Western District are required to reply by Nov. 4** LeSieur


Landrieu chastises Jindal for grant rejection

Oct. 19, 2011, 5:55 p.m. CDT
AP

BATON ROUGE, La. (AP) — U.S. Sen. Mary Landrieu said Wednesday she is "disappointed and concerned" that Gov. Bobby Jindal's administration refused to apply for a federal grant that could have brought $60 million in early childhood education funding to Louisiana.

Landrieu, a Democrat, said education experts across the state spent months working on a grant application to the Obama administration for the money earmarked to help low-income and disadvantaged children. She noted that one-third of children in Louisiana under the age of 5 live in poverty.

"Your decision not to even compete for these funds is one that will have a negative impact on thousands of children in our state," Landrieu wrote to Jindal, a Republican. "I hope your reasons for failing to apply for these funds are strong enough to justify these consequences."

The Jindal administration announced Tuesday that it would not seek the grant money, saying that the state's system for early childhood education is inefficient and mired in bureaucracy and that the grant wouldn't help address children's needs because it is one-time money for ongoing programs.

In response to Landrieu's letter, Jindal spokesman Kyle Plotkin said three state departments "completed a thorough analysis of this grant and determined that it is the exact opposite approach our state should take to help our kids."

"We need to streamline the governance structure, funding streams and quality standards in our early childhood system — and the grant would only make things worse by reducing flexibility and adding more micromanagement and regulatory obstacles," Plotkin said in a statement.

Landrieu said the decision is puzzling, and she asked Jindal to give her more details about how it was reached.

"I hope you will respond in some detail given the broad parameters and flexibility of this grant and the fact that nearly all the states have applied for the grant, making Louisiana the minority," the senator wrote.



Jones: Tough times ahead in the capitol
Outgoing District 17 Representative reflects on her tenure, offers advice for her successor

10/21/11
Robert K. Wright


Rosalind Jones
As election day approaches, candidates are making final pleas to voters for the House District 17 seat. The seat is currently held by Rosalind Jones, who has been in office since 2008. She announced earlier this year that she would not seek re-election. On Saturday, four candidates, Otis Chisley, Marcus Hunter, Brenda Shelling, and Billye Burns, are lining up for her seat. However, Jones said that the job they are applying for is not all fun and games.

Jones, who is a practicing attorney, said that she spent a lot of time away from her Monroe practice while in Baton Rouge during legislative sessions. Although legislators are compensated for their duties, she said that she lost money every year.

“You lose money every year. Because I wanted to stay close to the capitol, my entire per diem was used for room and board, not to mention gas and upkeep on my car,” she said.

Jones said that she was initially not prepared for the amount of time she would be away.

“It’s a full time job. I had misconceptions about the post. Even with dad (Charles Jones), I knew he had both roles as a lawyer and a legislator. But I was overwhelmed a little at the time I spent away from home,” she said.

So if being a public official costs so much, why did she do it?

“It was a wonderful opportunity to make a difference. I wouldn’t trade my experience for nothing in the world,” she said.

Jones said that the candidate who win’s Saturday’s election needs to be ready to hit the ground running. The ‘hitting the ground running’ idea’ has been a major focus of Hunter and Shelling. Hunter has lawyer experience and Shelling has many years of experience as an elected official.

But what is necessary to be successful in Baton Rouge? Jones said that being a lawyer, contrary to popular disbelief, matters in the legislature.

“Practicing lawyers understand implications of the law in real life settings. People who aren’t lawyers don’t share the same perspective. It’s not as easy as calling in a staff to get briefed on what’s going on. Your legislative staff is great, but they are not practitioners. Because I was a practicing lawyer, I felt more comfortable knowing how to read the bills that came before me,” she said.

Endorsing Hunter

This week, Jones sent out an official endorsement letter for Marcus Hunter to succeed her seat in the house. She is aware of the recent lawsuit filed against Hunter by Fourth Judicial District Attorney Jerry Jones. Hunter landed in court testifying that he did not live in the district he qualified for.

“I gave Marcus my word long before his residency came under question that I would support his bid for election. I am a woman of my word. Your word means a lot in this world. However, he needs to fix what needs to be fixed before he is sworn in as a House member, for any member of the House can challenge his residency,” Jones advised.

She said despite his residency dilemma, she believes he is the most qualified person to hold the seat in District 17 on the ‘sure base of ability.’

Tough times ahead

Jones said that whomever wins the election, they should be prepared to face a different House of Representatives unlike that of hers, her father, or that of former representative Willie Hunter.

“This new House will be very different from what my dad and Willie Hunter experienced. We’re entering a new phase in Louisiana politics,” she said.

Jones said that the legislature is nearing a majority republican presence (60/40) and that it is important for any democrat to be ready to fight for what they were sent there to accomplish.

“They (majority republican legislature) don’t really need one democratic vote to get done what they set out to do. New members of the House will find it tough as a democrat. That’s why its extremely important that we have someone in the seat that knows the rules, how to read a bill, amend it, or kill it if necessary. That person needs to be able to get in there and fight for District 17,” Jones advised.

Refusing to sell her soul

Jones said that she did not get to accomplish everything she set out to do. She said that there remains a lot of work in District 17.

“I could have brought back home more money and more opportunities for my district, but I refused to sacrifice my independence for a perceived benefit. Whomever wins the election, I would encourage them to not sell their soul to the governor for a cookie. Be independent. I could vote my conscious and explain to the body (House) why some policies were wrong, even if that meant my home base would not get the pennies the governor was handing out,” she said.

Novice candidates

Jones said that she thinks that novice politicans can still serve, if they are willing to learn the rules and play by the rules.

“I think everyone should have the opportunity to serve and once they get there they will find that there is a political process they must learn quickly,” she said.

Although Hunter is her choice for District 17, of the four, only Shelling has served in an elected capacity. For the novice candidates, Jones said that all who consider the post should be willing to learn the rules and procedures and operate within those rules.

“If you don’t know how to amend or kill a bill, you’re useless. There are a lot of rules and customs you have to operate within. What most novice politicians perceive is that they will go down there and make changes, but they have to come in and operate within the established rules,” she said.

Jones said that she has enjoyed her experience in the state legislature and will continue to serve her district in other capacities as they present themselves. “With the support of my colleagues, friends, and constitutents, I rose from a freshman legislator to the Chair of the House Judiciary Committee in only three years. During this term, we have addressed education issues, criminal justice reform, and economic development within the district. Most importantly, we have created a second majority minority representative district in Northeast Louisiana to give a voice to those citizens who have been silenced in years past. Alas, there is more work to be done,” she wrote in a letter this week.

**A Run-off in the 17th is imminent. Burns-Hunter**

The State of Louisiana Justice in HealthCare, Criminal & Civil Actions, Education is dismal. The Conservative legislature doesn't have any thing to do with it. It is again, the racism. If the present activity continues, gross miscarriages of Human Rights will prevail, the public-at-large will outcry, as they are presently. The courts are arrogant in its deficiency to expend "justice". Poor, indigent defendants are at the mercy of an in fact disparaged system.

Louisiana Public Defender Board is allowing defendants to be summarily defended with only the "constitutional guarantee" being afforded. A defendant in the 4th JDC, represented by a public defender, was told to "just plea"; whether his former lawyer had secured a lesser sentencing "deal" with the DA's office didn't matter. This is not defense. This is perfunctory.

Saturday, October 1, 2011

Reciprocity:~Re-Jena'd


Reciprocity. Re-Jena'd! All of this time which has transpired, has left many in Jena, dejected an floundering. It is, however; the responsibility of the Civil Rights apparatus to "educate" the residue that remains in such a place as Jena, what they must watch for, in the ensuing years. September 20th 2012, will mark [5] five years since the Great March of 2007. That event, began with grassroot activist. Some believe it ended, with a plea deal. If that were true, the "Jena Boys" who are young men now, would not be interested in a "capitalist pig's" pretentious involvement as a so-called production rep. However, at midnight on September 19th 2012, the "people" of the Twenty-First 21st Century re-initiation of the Civil Rights Movement in America, will gather in Jena, Louisiana.
The operatives of 2007, are still alive. Some are behind bars! Some of trying, to just, make it! Some are lying , exaggerating and capitalizing on the Move of 2007. We the people caught rides, in the middle of the night, when things were challenging and demanding. Threats were made in '07, '08 thru '11. Lead grassroot activist were diminished. Stranger than strange occurred.
Richard Barrett Died.
As for the other man in this picture, that is another story. Maybe to be told at a later date. First, Jena must be "Re-Jena'd". I've heard many a activist say, we'll give you another Jena. Well, the "thing" that occurred was orchestrated, systematically at a certain point in each stage. At this very moment, we're in an other critical point. You see, 2oo7's Movement was a flashpoint, and we're there again. So, here we go. Brother Activist & Sister Advocate.

Friday, June 24, 2011

Now!! It Should Be Evident

Now, it should be evident, that if an FBI agent comes to talk to you; that you should remain silent and request to be magistrated. Of course, you risk the possibility of being charged with Obstruction of Justice, by not answering their convoluted questions.
What really gets, me however; is that all of this is going on "under the color of law" while a sitting United States Attorney in Washington D.C., looks on with seeming approval.

This same, Eric Holder was called to D.C. while dealing with a wrongful conviction case in this same Louisiana!!
  • By BILL LODGE
  • Advocate staff writer
  • Published: Jun 22, 2011

There is no reason to suggest undercover FBI agents entrapped former New Roads Mayor Tommy Nelson during a sting operation that resulted in his indictment on racketeering and wire fraud charges, a federal judge ruled Tuesday.

Defense attorneys Page A. Pate, of Atlanta, and Michael A. Fiser, of Baton Rouge, argued that agents posing as corrupt sanitation service officials unfairly pushed bribes toward Nelson after he agreed their service would benefit city residents.

The garbage can cleaning service was known as Cifer 5000.

Earlier Tuesday, Pate and Fiser rested their defense of Nelson.

Chief U.S. District Judge Ralph E. Tyson dismissed the jury of five women and seven men for the rest of the day. The judge ordered all to return to his Baton Rouge courtroom Wednesday morning for final arguments in the nearly three-week trial.

Pate and Fiser asked that jurors be told Wednesday that they could acquit Nelson if they believed he had been entrapped.

The judge chose not to include that statement in the instructions he will give the jury on Wednesday.

Pate called one witness Tuesday — former FBI Special Agent Darin McAllister — who awaits sentencing in an unrelated criminal case in Nashville.

McAllister was convicted in December on 15 counts of wire fraud, involving $1.2 million in borrowed bank funds and three counts of false statements in his 2009 bankruptcy proceedings.

Jurors were not told of McAllister’s felony conviction. They were told that he no longer works for the FBI and is not employed.

“Yes, Mr. Nelson thought the Cifer 5000 was a good idea for his city,” McAllister testified during questioning by Pate.

Pate said one of the benefits undercover agents pushed toward Nelson was a free hunting trip.

“He did not take a hunting trip, did he?” asked Pate.

“No,” replied McAllister.

Pate then asked whether McAllister offered Nelson a silent partnership in the sanitation service and suggested it could be worth as much as $2 million.

“Yes,” replied McAllister.

Other FBI agents testified earlier in the trial that Nelson accepted the silent partnership.

Nelson, who lost a bid for re-election after he was indicted last year, is alleged to have accepted more than $22,000 in cash and other bribes from government investigators who posed as officials of Cifer 5000.

He did not testify.

FBI agents testified that Nelson received the $22,000 in return for his pledge to help the company obtain municipal business. Nelson, FBI agents testified, also received the money and other gifts in return for letters of support he wrote on behalf of Cifer 5000 to the EPA and Dallas residents he believed were Cifer investors.

Nelson believed those letters could mean as much as $4 million in federal grants and $3 million in new infusions of investor cash for Cifer, FBI agents testified.

FBI agents detained Nelson in May 2010 after the agents made video and audio recordings of Nelson’s acceptance of an alleged $5,000 cash bribe from an undercover FBI operative in the parking lot of a Starbucks Coffee shop in Gonzales.

FBI Special Agent Tonja Sablatura testified early in the trial that Nelson immediately surrendered the envelope containing that cash. She said Nelson then confessed that he had accepted bribes.

Assistant U.S. Attorneys Michael J. Jefferson, M. Patricia Jones and Corey R. Amundson played recorded telephone conversations in which Nelson could be heard asking for money.

In one conversation, Nelson demanded a $10,000 payment from one of the men posing as corrupt businessmen. In another, he bragged that he had received more money from other companies.

Cifer 5000 was a fictitious company used by the FBI in a sting known as Operation Blighted Officials.

Six other municipal officials in three other Baton Rouge-area cities also were indicted last year.

Former Port Allen City Councilman Johnny L. Johnson Sr. pleaded guilty to racketeering and bribery charges. Johnson has not yet been sentenced by Tyson.

Former White Castle Mayor Maurice Brown was convicted March 3 on felony charges. He has not yet been sentenced by U.S. District Judge Brian A. Jackson.

White Castle Police Chief Mario Brown, brother of Maurice Brown, was acquitted on all counts in the same trial.

Port Allen Mayor Derek Lewis and Port Allen Police Chief Fred Smith are scheduled for trial July 25 in Jackson’s court.

St. Gabriel Mayor George L. Grace is scheduled for trial Jan. 23 in Tyson’s court.


BREAKING NEWS

Jury: Nelson guilty on all counts

Posted: Jun 22, 2011 2:44 PM CDT Updated: Jun 22, 2011 3:43 PM CDT
BATON ROUGE, LA (WAFB) -

Former New Roads Mayor has been found guilty on all seven charges against him.

The jury deliberated for just over an hour before returning the verdict.

Nelson was found guilty of racketeering, wire fraud, making false statements and four counts of interstate commerce.

Defense attorney Paige Pate filed a motion for Judge Tyson to reconsider entrapment, but it was denied. Tyson instructed jurors to throw out entrapment and to not consider it.

Nelson was accused of taking bribes from undercover agents promoting a fake garbage can cleaning business. /end-WAFB story/jl

Fissured & Fractured Judicial Process
The Nelson Matter is forged in a "lacadaisical" nonchalant approach by the "civil rights" apparatus in Louisiana in particular, and America in general.

An action was anticipated with the forging of a recommendation arising out of the last state Convention of the NAACP . It is, as if the clientelle of an uncivil america; think that they can just walk in to court and everything is going to be fair. Without certain justice seeking appartuses involved, the pushers of paper will get the same results. The Six, would not be in the position there in now without those apparatuses in play in 2007.

Victoria Gosserand
stands trial in the death of Terri Parker in a car accident days before Christmas last year. Judge Alvin Batiste set the trial for July 11, 2011. I still think it strange that Tommy Nelson wasn't indicted until after comments were made concerning the case of vehicular homicide of Terri Parker on a New Roads thoroughfare.

It should be stated the Louisiana Middle District US Atty, Donald Cazayoux and Gosserand Defense Attorney Rob Marionneaux are both former legislative co-horts. Can, Justice be Served in the Parker death under these circumstances. Should not Eric Holder, send a D. C., civil rights-justice department attorney AND a DOJ special prosecutor for the Gosserand matter. IT IS NOW EVIDENT, COMPLICITY IS A FACT OF LIFE IN THE JURISPRUDENCE IN AMERICA & Louisiana.

What federal operative is busy enticing you or yours to commit corruption?

The Post-trial battle immediately ensued with the 22 June motion filed in the Middle District has already begun.

"Prior to trial, the defense tendered a proposed Fifth Circuit patter instruction to the court
on the issue of entrapment. At the charge conference, the prosecutor objected to the instruction
urging that Mr. Nelson had not made a prima facie case warranting an entrapment instruction."

Where is Bobbi Bernstein, when you really need her?

Saturday, June 11, 2011

The Louisiana We Know:SO WELL!!



So Long to Justice!

Commonwealth's desire for a free moral society fizzling fast. When the final actionaries seized control of the "final five" justice was no longer a pre-requisite. Out the window went the mechinations of the Mauffray Court & other pacifications. Now, one by one the principal participating personages, of Jena are systematically being picked off, one by one!

Others, however have continued to pimp, prostitute and capitalize on the "movement that was Jena" in 2007, labelled the 21st Century rejuvenation of Mass Protest. Well, since then we've had some serious marches to occur. However, EVERYone Should read, Sammy Franklin's article on the Jumping Frogs. You may get a better understanding of what's going on!!

In Jena, some of the princpals have been in the "crazy house", alienated and suspiciously targeted with stranger than life scenarios. You wonder WHY the Tpartiers, supremacist, neo-cons, Republicans and conservatives are jumping up and down? The took advice from ground zero. The Jena Experience has been attempted to be 'scrubbed clean', but no such washings can undo, the facts. To, top it off; employment of every wicked device has been accomplished.

Some of these "principal players" in the Jena Experience, have the slightest clue as to why, things are happening the way they are!

The Louisiana Machine is rolling Lead Vehicle in the Republican attempt to oust Obama!

HOWEVER, it is official, 2012:September:Jena:Year5-BACK!!

Friday, October 29, 2010

Who Says, Nobody Cares?!! -Death of a Nation From the bottum up!


Some things are just meant to happen the way they do.
However,
the day to day horrors of society, tend to wear away at the heart of things.


Who say's nobody cares? When Chris Nevils said, he wanted to see a fair jury - he knew what he was talking about. Now it must be seen if the prosecutor, will appeal the verdict on the very grounds, that he laid.

Today, October 29th 2010; Scott Nugent was found not guilty in the death of Baron "Scooter" Pikes. What's strange though, in Shreveport another officer was laid to rest, killed on duty.

The tasing-death of Pikes occurred on Martin Luther King Day -weekend. And in this cruelest climate, Nugent's actions were vindicated on Halloween weekend. Both, incidents happened on a Friday. What will be, in the final analysis the understanding of what has, now become history. It is a familiar history.

A history, our children should not have to live in the twenty-first century. Well, we were already escalating our efforts to secure a brighter future for a tomorrow, which may never come. But we must "occupy until he comes." An awakening, will occur. All were so caught up in two senate candidates, slinging vulgar mud. The tea partiers, and the such like. Musing about a South Mississippi Democrat divulging he didn't vote for the POTUS, but for McCain.

We, who live in Dixie, call them dixiecrats. Whose so surprised. Maybe the non-know-it-alls of the varied "punditates". But we know! If we wake up one morning and can't recognize the state of affairs.

We Shouldn't be shocked surprised or
dismayed. We Should realize that time has caught
up with us. America -the south, all of America has got to come to grips with itself. Fast!

Well. Deliver us, from this task master. How is it so insisted upon, that we must accept, less than what is normal. Just because the powerful and the rich, exact prowess over the poor and impoverished; a reckoning day is coming. And who will be surprise, shocked or dismayed at its outcome.

Us people are destroyed, from a lack of Knowledge. And collusions with the very people, who destroy us. We, ain't gwine whistle dixie no mo'. Go 'head though "Whistle It" 'cause its yo' dixie too!

Former police officer found not guilty in Taser death trial in Winnfield

By Bret H. McCormick • bmccormick@thetowntalk.com • October 30, 2010


WINNFIELD -- Scott Nugent waited nearly three years for his manslaughter trial to begin.

Then, he waited about three weeks from the trial's start until closing arguments on Friday.

So, what were an additional three hours?

One of Nugent's attorneys, George

Higgins of Pineville, said the three-hour wait Friday afternoon while the jury deliberated was "gut-wrenching," but the jury returned with the two words Nugent wanted to hear: not guilty.

Nugent was a 21-year-old officer with the Winnfield Police Department on Jan. 17, 2008, when he arrested 21-year-old Barron "Scooter" Pikes (also known in Winnfield as Barron Collins Jr.). Pikes died in police custody, and Nugent was accused of causing the death by using excessive force -- specifically a Taser eight or nine times.

The incident between Nugent, who is white, and Pikes, who was black, caused racial tensions in the town of approximately 5,700 people, and those tensions were evident following Friday's verdict.

Several audible gasps were heard from friends and family members of Pikes' when the verdict was read, while Nugent began crying and shaking his head in relief.

Pikes' family members said the verdict would not be received well by members of Winnfield's black community.

"When it all boils down to it, the whole community is going to be outraged," said Nicole Collins, Pikes' cousin.

"The community is not going to be pleased by this verdict," Pikes' stepmother, Kayshon Collins, added.

Nugent and his team, however, were ecstatic at the news.

Nugent's family was released from the courtroom before anyone else and was unavailable for comment. However, Higgins couldn't hide his joy.

"We're thrilled that Scott was found not guilty," said Higgins, one of Nugent's three attorneys. "We're thrilled because we always thought Scott wasn't guilty."

Higgins said he also was happy for one of his fellow Pineville attorneys, Phillip Terrell, who also worked to defend Nugent.

"I know that this victory was especially meaningful for Phillip Terrell," Higgins said. "There is no bigger supporter of the police."

Terrell and Jerry Glas, a New Orleans attorney who specializes in Taser cases, both were unavailable for comment following the verdict.



*lesieur

Members of Barron “Scooter” Pikes’s family, including his stepmother Kayshon Collins (front center) and sister Lashanta Jackson (far right), exit the Winn Parish Courthouse Friday afternoon following the not guilty verdict in the manslaughter trial of former Winnfield cop Scott Nugent. Nugent was accused of using a Taser on Pikes on Jan. 17, 2008, and causing his death. (Bret H. McCormick)

Saturday, June 5, 2010

Louisiana:-Still Denying Justice!?? Oil Well Blowout called Apocalyptic & Apoplectic | And we still don't get it!

Louisiana is this your KINGDOM COME!!

The second moral virtue that comes from grace, as the fruit out of the tree, and ripens in the sunshine of confirmation is justice. Justice is a virtue that will give to everyone what belongs to him.

The court respects the rights of all before God

"Enlightened by prudence, justice supernatural foremost respects the rights of God. Indefeasible owner of everything, God has the right to any and everything, hence the cult inside and outside of man and society. Here, Justice is manifested by the virtue of religion, which includes worship, prayer, sacrifice, hope and the faithful fulfillment of precepts relating to the direct worship of the Creator ."

It respects the rights of the next

"It respects the rights of the neighbor, rich or poor, weak or strong, lower or higher.

  • To her the world must end the exploitation of man by man, the murder of children, slavery, despotism brutal, which weighed on all peoples before the redemption, and which still hangs over all foreign nations the benefits of the Gospel.
  • It teaches man to respect himself, his soul and his rights, his body and his family, his life, his death and to his grave.
  • She tells him, finally, to respect the creatures in the governing justly, that is to say according to their end, In a spirit of dependence, as a property of others with fear, as to account for the use he has made.

Imagine what would happen to the world under the dominion of supernatural justice!


Apoplectic & Apocalyptic
Coastal tent cities are about to rise to house the workers and contractors minimizing the damage, while barge-like floating hotels for a total of about 800 workers are being readied at three locations off Louisiana. Sand banks and barriers are being built. But the consensus around the Gulf Coast is turning more apoplectic and apocalyptic. This is, people are starting to say, a generational event -- tragic to this generation, potentially crippling to the next.

On Thursday June 3rd Louisiana's Legislature offered HCR 214 directed to Ken Salazar the Secretary of the Interior. Rep. Ernest Wooton took to the podium on the floor of the Louisiana House & assailed the Obama Administration. How dreadful.!. Wooton said two years ago he [President Obama] could do anything. There is a lot of hate fomenting in state legislatures. A very heated debate ensued in Senate Committee Judiciary C, on HB617-
Requiring at least twenty percent of recipients of cash [welfare] assistance to be drug tested prior to receiving benefits.

But Louisiana, still doesn't get it! Wooton even said the President should stay up in D.C.!! So, an oil man from Texas allowed the regulations on oil production to become lax. And now, a Hawaiian is saying, stop all drilling until we fix the regulating arm of gov't, stopping all drilling. While Pelicans are drenched in blood, I mean oil. Or, bloody looking oil. This is the link of Wooton going off. His comment's are behind Rep. Dove's explanation of the Resolution.

This is the kind of rhetoric that is fueling the "militia militancy" against Obama. An oil-producer, in a mad-rush for profit, split the earth, changed drill bits; disregarded a blowout preventer and charged straight ahead into the abyss.

?What is the correlation to this drilling & the recent earthquakes in the Caribbean & Central/South American Region?

Is any one realizing this is a green President. And this type of fiasco is this man's worse nightmare. Imagine that, toxic oil pollution in an endangered ecological wetland. And now, it's hurricane season. Yet still, who are they fooling. Haiti proved the WORLD let lone the USA are ill-prepared for catastrophe. It is especially so, one behind the other!! '09 Financial debacle. '10 Haiti Earthquake April 2010 Oilwell Blowout.

Come on People. Alabama, Florida, Louisiana, Mississippi & all total 13 states had filed suit against Healthcare. Somebody's sure 'nough gonna need it now!!




USF researchers find new underwater plume from gulf oil spill

By Craig Pittman and Katie Sanders, Times Staff Writers
In Print: Friday, May 28, 2010


The sight of an oil slick spreading across the surface of the Gulf of Mexico is bad enough. But now scientists from the University of South Florida have found signs that a 6-mile-wide plume of invisible oil is snaking beneath the surface, in the deepest recesses of the gulf.

The thickest concentration, they found, was more than 2 miles beneath the surface — a mile deeper than where the Deepwater Horizon well has been spewing oil for the past month — and about 20 miles northeast of the collapsed rig.

The plume of dissolved oil stretched 6 miles down, said David Hollander, a USF chemical oceanographer and lead investigator for the project. This is the second oil plume to be discovered by scientists, and it marks the first time such plumes have been detected after a spill, Hollander said. He compared them to streams of lava flowing out of an undersea volcano.

While the fudgelike goo coating Louisiana's marshes is getting lots of television coverage, the two undersea plumes show damage is also occurring where no one can see it: deep in the gulf, miles from land, where marine life has always been abundant and yet largely unobserved.

The USF research vessel Weatherbird II was dispatched Saturday to take samples in the DeSoto Canyon, a deep valley that cuts through the continental shelf south of the Florida Panhandle. In the canyon, an upwelling of nutrient-rich water means far more fish and other species swim there.

The scientists' big concern, Hollander said, is whether the oil they found is concentrated enough to be toxic to marine life. It could affect the whole food chain, he said.

The canyon area is a popular destination for local fishing boats, said Bob Spaeth, owner of Madeira Beach Seafood, the area's largest seafood house and home dock for many longline boats, because "it is pristine. It has great habitat.''

The fishermen are willing to make the day-and-a-half journey because they know they will catch bluefin tuna, swordfish, king mackerel and grouper, Spaeth said. If toxic levels of oil have contaminated the fish there, Spaeth said, "that's a disaster.''

The fish are not the only potential deep-sea victims of the spill. It could affect everything from the 10-foot-long giant tube worms rooted to the floor of the gulf to the sea turtles, sharks, whales and dolphins that spend their lives far from shore, say the experts.

"I would be worried about every marine species that swam through that plume," said John Williams, executive director of the Southern Shrimp Alliance, based in Tarpon Springs.

Currently federal officials have closed about 22 percent of the gulf to both commercial and recreational fishing. USF College of Marine Sciences Dean William Hogarth promised that if the area where the plume was found wasn't already covered by that ban, it will be by today.

A big question is where the plume will go next. It could continue spreading until it gets onto the continental shelf and is pushed close to shore. Another USF oceanographer, Robert Weisberg, warned congressional representatives this week that if subsurface oil gets lifted onto the shelf it could reach west Florida's wetlands and beaches, which he called "a very serious concern."

There is no ongoing government monitoring program for what's going on in the gulf, Weisberg said. The USF voyage cost $850,000 — funded by the state — and at this point there is no money for a follow-up trip.

The USF ship, scheduled to return today, went out after scientists from several universities working aboard the research vessel Pelican told the New York Times of finding plumes of oil 3 miles wide and 10 miles long beneath the gulf's surface. That plume was spreading southwest of the rig.

Computer models run by Weisberg had predicted the location of the southwestern plume found by the Pelican, Hollander said. Weisberg's model also suggested there could be a similar plume headed northeast, he said, so that's where the USF ship went.

The scientists aboard the ship — some from USF, some from the Florida Fish and Wildlife Research Institute in St. Petersburg — discovered the plume on Tuesday. What's not known is the role that chemical dispersants play in the plume. BP has been spraying the dispersants both on the surface slick and directly on the gushing wellhead in the deep ocean, something never before attempted. The dispersants, being used in unprecedented quantities, are supposed to spread the oil so it will evaporate and degrade more quickly. That could be what has created the plumes, Hollander said.

The concern is that the dispersants are simply holding the oil below the surface, where it is harder to clean. So far, tests by the U.S. Environmental Protection Agency have found no signs that the dispersants are harmful to sea life, but the EPA has ordered BP to look for a less toxic version.

Once the Weatherbird II returns to port, scientists will conduct further tests to determine whether the plume is made of weathered oil droplets or oil linked to dispersants, Hollander said.

The one piece of good news: Tests conducted by the Weatherbird II between the loop current and the Florida coast showed clean water, no weathered oil on the surface and no sign of oil beneath the waves. But that doesn't mean it will stay that way.

Rowan Gould, acting director of the U.S. Fish and Wildlife Service, has predicted the spill "will affect fish and wildlife resources … for years to come, if not decades."

Times staff writers Stephen Nohlgren and Alex Leary contributed to this report.


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Copyright 2010 St. Petersburg Times Story

New, giant sea oil plume seen in Gulf stretching toward Mobile Bay

By The Associated Press

May 27, 2010, 12:10PM

NEW ORLEANS -- Marine scientists have discovered a massive new plume of what they believe to be oil deep beneath the Gulf of Mexico, stretching 22 miles from the leaking wellhead northeast toward Mobile Bay, Alabama.

The discovery by researchers on the University of South Florida College of Marine Science's Weatherbird II vessel is the second significant undersea plume recorded since the Deepwater Horizon exploded on April 20.

The thick plume was detected just beneath the surface down to about 3,300 feet, and is more than 6 miles wide, said David Hollander, associate professor of chemical oceanography at the school.

While the researchers used Mobile Bay as a reference point, the area they are exploring is the DeSoto Canyon, which one researcher described as an "abyss" that falls off from the Florida shelf due south of the Florida-Alabama state line.

The canyon begins more than 100 miles off the Alabama coast with depths of more than 5,000 feet.

Hollander said the team detected the thickest amount of hydrocarbons, likely from the oil spewing from the blown out well, at about 1,300 feet in the same spot on two separate days this week.

The discovery was important, he said, because it confirmed that the substance found in the water was not naturally occurring and that the plume was at its highest concentration in deeper waters. The researchers will use further testing to determine whether the hydrocarbons they found are the result of dispersants or the emulsification of oil as it traveled away from the well.

The first such plume detected by scientists stretched from the well southwest toward the open sea, but this new undersea oil cloud is headed miles inland into shallower waters where many fish and other species reproduce.

The researchers say they are worried these undersea plumes may are the result of the unprecedented use of chemical dispersants to break up the oil a mile undersea at the site of the leak.

Hollander said the oil they detected has dissolved into the water, and is no longer visible, leading to fears from researchers that the toxicity from the oil and dispersants could pose a big danger to fish larvae and filter feeders such as sperm whales.

"There are two elements to it," Hollander said. "The plume reaching waters on the continental shelf could have a toxic effect on fish larvae, and we also may see a long-term response as it cascades up the food web."

(Associated Press Writers Jason Dearen and Matthew Brown authored this report, which was clarified by the Press-Register at 12:47 to better state the location of the undersea oil.)

More Oil 100 miles off Alabama Coast in 5000 ft CANYON

Thursday, March 4, 2010

Justice Denied:-Still in Louisiana

The indigent defense system is steadily falling apart & the Louisiana Legislature has still failed to launch, an initial action to revamp the judicial process in the state of Louisiana. In particular Louisiana's 4th Judicial District has indigent defense attorneys, who are typically lax in their representation of impoverished defendants.

Public Defender Office-La. 4th JDC is currently covering a case involving three defendants, one of which has federal charges. Already, two of the defendants are lanquishing in the system, because of maneuvering by the federal defendant.

In New Orleans public defenders are to the point of possibly not taking on any new cases.

Should this not be the final signal, of the impending doom of the collapsing judicial process in Louisiana.

North Carolina
has a commission in force that looks in to criminal convictions for possible mistakes even after all post-conviction remedies are exhausted! The Commission,
considers claims of innocence from convicts or anyone else with pertinent information. It has reviewed hundreds of claims by prisoners and brought only three to a hearing.

If the commission agrees that a claim has merit, it refers cases to a three-judge panel, which has happened only once except for a recent case, [Gregory Taylor] and the argument in the other case was rejected.

BR man charged in corruption case

Published: Mar 17, 2010

Robert L. Stevens is the 10th person charged in the continuing federal investigation of corruption in Baton Rouge city and state district courts.

Each of the prior nine defendants has pleaded guilty to one or more felony counts. To date, none has been scheduled for sentencing.

Stevens, 61, of Baton Rouge, was charged Tuesday with conspiracy in aid of racketeering. That charge was filed in a bill of information by Assistant U.S. Attorneys M. Patricia Jones and Corey R. Amundson after Stevens waived his right to have the case sent to a grand jury.

“We’re not aware of any job that Stevens has right now or what (type of work) he did in the past,” U.S. Attorney David R. Dugas said.

Stevens is accused of soliciting and obtaining “cash and other things of value from individuals with criminal and traffic matters pending” in Baton Rouge City Court, the bill of information states.

In return for those bribes, the bill of information alleges, defendants were promised their charges “would be dismissed, reduced, or otherwise ‘fixed.’ ”

Stevens participated in the conspiracy in 2008 and for at least the first nine months of 2009, prosecutors said in their charge.

In April and May 2009, Stevens is alleged to have had multiple telephone conversations with Flitcher Bell, who was at that time a senior city prosecutor.

Bell pleaded guilty in the case late last year after prosecutors announced the continuing investigation, dubbed Operation Illegal Motion.

Thus far, the investigation also has produced convictions against two former Baton Rouge police officers, the former chief investigator for the local public defender’s office, several people outside the court system, and several former state and city court employees.

The charge against Stevens carries a possible five-year prison term and fine of $250,000.

Monday, February 15, 2010

Louisiana's Disarrayed Justice continuum ad infinitum

Woman from Pointe Coupee Parish not guilty on first DWI

Woman from Pointe Coupee Parish not guilty on first DWI By Chris Nakamoto
Source: WBRZ WAFB

Officials postpone deadly crash grand jury trial

Feb 11, 2010

It took ten minutes for Judge Alex Wall to find 23-year-old Victoria Gosserand "not guilty" of first offense DWI in Baton Rouge.

In a separate case of DWI in Pointe Coupee Parish, Gosserand faces more serious charges. Investigators say she was three times over the legal limit when she caused a crash that killed 23-year-old Terri Parker and injured vehicle's driver.

Even though the first case doesn't involve Parker's family, they were in court to seek justice.

"If the courts would have taken care of the first DWI, she wouldn't have gotten the second DWI," Parker's mother, Debra Cushionberry said.

In court, the Baton Rouge police officer who pulled her over told a packed courtroom that after he arrested her, the smell of alcohol was so strong he had to crack a window in his police unit.

The executive director for Mothers Against Drunk Driving told News 2 she was concerned there wasn't enough evidence to convict Gosserand.

"We're not always winners," Donna Tate said. "The details of every case are different. In this case, there was not an opportunity to have a field sobriety test done because of the defendant's refusal and no blood alcohol test."

A grand jury in Pointe Coupee Parish will decide next week whether to formally charge Gosserand for the crash in New Roads.

Officials postpone deadly crash grand jury trial

Posted: Feb 11, 2010 6:12 PM CST Updated: Feb 12, 2010 5:36 PM CST

By David Spunt - bio | email

NEW ROADS, LA (WAFB) - A grand jury trial in New Roads scheduled for Friday was postponed after two judges have openly recused themselves from the case of a deadly crash involving a woman who failed a field sobriety test.

District Attorney Ricky Ward said Judge James Best and William DuPont have recused themselves. According to a source, DuPont said he has already been assigned a civil lawsuit in the matter. Best admitted he recused himself.

"It is much too personal to me to preside over this case, as my son was a classmate of both Victoria Gosserand and Kyle Riviere," Best said. "It would put me in an awkward position."

Ward said the case will be reassigned to either Judge Robin Free or Alvin Batiste. He expects the grand jury to hear evidence either next week or the following week.

Teri Parker's father says he is upset about the delay.

"I'm frustrated because my daughter has been taken from me and it's made me feel like nothing has been done about it," said John Parker.

Two days before Christmas, Teri Parker, 23, was killed as she drove home from work. Police have charged Tori Gosserand, 23, in the case. Records show Gosserand had a .30 blood alcohol level at the time of the accident. In Louisiana, the legal limit is .08. Kyle Riviere was riding with Teri Parker. He survived the crash. Story-wafb.com


Officers cleared in Monroe shooting

MICHELLE BATES, Editor


February 11, 2010
Officers cleared in Monroe shooting
MICHELLE BATES, Editor

The two officers involved in the shooting death of Bernard Monroe Sr. have been cleared.

Late Thursday afternoon, the Claiborne Parish Grand Jury handed down a no true bill, which means no criminal charges will be filed against former Homer Police Officers Tim Cox and Joseph Henry, in a case that turned the community of Homer upside down.

When the results were handed down, the only officer that might have faced criminal charges was Cox. According to the report filed with the Claiborne Parish Clerk of Court, Cox could have faced a charge of first degree murder, second degree murder, manslaughter or negligent homicide.

According to Assistant Attorney General John Sinquefield, the grand jury met two full days and worked overtime on the case. The 12 member jury heard 21 witnesses, including 12 civilians, meaning non law enforcement witnesses. They reviewed dozens of items of evidence and returned the no true bill, he said.

“I think they did a very thorough, very complete investigation involving the death of Mr. Monroe,” Sinquefield said. “They did a very good job in reviewing the evidence. All the witnesses, all the police personnel, and all the governmental officials in Homer cooperated 100 percent with us in our investigation, and on behalf of the attorney general’s office, we’d like to thank all these people.”

He extended his thanks to Second Judicial District Judge Jenifer Clason, Claiborne Parish Sheriff Ken Bailey, Homer Police Chief Russell Mills and all the police jury personnel for their full cooperation and accommodations during the grand jury proceedings – held at the Claiborne Parish Police Jury Complex in Homer.

“Judge Clason was very helpful and available, and took our report and showed us every courtesy of the court, and we’d like to thank her,” he said.

Rob Moore, of the Moore Law Firm in Arcadia, the attorney representing Henry, said his client is glad it’s over.

“We’re just relieved that it’s over,” Moore said. “Joey loves this town and wishes the best for Homer.”

Henry declined comment on the matter at this time, as did Homer Police Chief Russell Mills. Mills declined comment under the advisement of Town Attorney Jim Colvin, pending a civil suit.

Attorney Morris Dees, of the Southern Poverty Law Center in Alabama, representing the Monroe family, said they are disappointed in the outcome of this incident.

“They are extremely disappointed that no indictment was returned,” he said, “and they intend to file a civil lawsuit in the near future with the opportunity for a jury to hear the factual determination in the death of Mr. Monroe – something that did not take place with the grand jury.”

Dees indicated that a suit will be filed within the next 10 days as of Friday, February 5.

Bernard Monroe Sr., 73, was shot and killed by Cox on Friday, February 20, 2009, at his home. He was transported to Homer Memorial Hospital with multiple gunshot wounds. He later passed away at the hospital.

According to police, they were pursuing Monroe’s son, Shawn, on foot, and the chase ended at his residence where Monroe allegedly engaged the two officers with a loaded handgun. Witnesses at the scene say he did not have a gun, but rather a sports drink bottle.

The Rev. Willie Young, president of the Claiborne Chapter of the National Association for the Advancement of Colored People (NAACP), said the members of his organization were disappointed in the outcome.

“We’re disappointed, and we have to accept the results whether I like them or not,” he said. “You live in the real world and there’s two sides to every story.”

He said they prepared themselves for the outcome either way, and it was time to move forward.

“The grand jury has spoken and we move on from here,” Young said.

The tragedy has spurred unrest and many questions by members of the community from all sides. The U.S. Department of Justice, the Federal Bureau of Investigation, the ACLU and the Louisiana State Police have investigated the case from several different aspects, including any possible civil rights violations as well as the investigation into the incident itself.

The Rev. Al Sharpton was in Homer last year saying that he would not rest until justice was done for Monroe. The NAACP also conducted its own investigation just weeks after the incident.



Ex-officer's attorneys: Taser not cause of death

Robert Morgan • rmorgan@thetowntalk.com • February 11, 2010


Defense attorneys for former Winnfield Police Officer Scott Nugent said they plan to contest claims that a Taser stun-gun caused the death of Baron "Scooter" Pikes in 2008.

Nugent had been set for trial on a manslaughter charge Feb. 9, but the date was postponed until June 14 by state Judge John Joyce.

Nugent is accused of causing Pike's death while he was in Winnfield police custody by shocking him nine times with a Taser.

Pineville attorneys George Higgins and Phillip Terrell said the defense will challenge the science the prosecution intends to introduce.

Despite a finding by Winn Parish Coroner Randolph Williams that Pikes died as a result of the Taser shocks, Higgins said, "We contend that a Taser cannot cause the death of a human being."

"The Taser is a non-lethal weapon. That's precisely why it's used," he said.

Terrell said a report from forensic pathologist Joel Carney of Lafayette declares that the cause of death is "inconclusive."

Carney, who examined the body the day after Pikes died, issued a report saying Pikes had sickle cell anemia and an enlarged heart, either or both of which could have contributed to his death, according to portions cited by Terrell.

The report does not cite the Taser incident as a cause of death, he said.

Taser darts only go under the skin and cannot impact internal organs, the attorneys said.

"As we've contended from the beginning, Scott Nugent did not cause the death of the deceased," Higgins said.

Tuesday, January 12, 2010

The Disarray of Louisiana Justice


Legislative action needed.
Gosserand|Ricky Ward,Parker,La.AG|Kevin MacDonald-DA| MADD-Louisiana
|2thead-Victoria Jean Gosserand| D'Aguila-Rose Parker-Donna Tate| Family asks DA to recuse himself|Pointe Coupee Victims Assistance Will Justice Prevail in New Roads, La.

The disarray of justice in Louisiana, has now manifested itself in a physical form. Its affects have in effect placed the judicial process in further jeopardy. Not only has Jelpi Picou, formerly with the Capital Appeals Project; siphoned at least $100k from a state-funded program, the Legislature has still not convened any committee(s); joint or sub, to research or gain needed information on the current debacling circumstances.

To begin with, increasing the public's confidence in the system; which, in turn would aid in decreasing the 2009 spike in crime in some areas. Recent events of youth violence is approaching epidemic. Citizens in one NE La. Legislative district are preparing a citizen optioned covert operated response to end the spike.

All the while, in federal court a state legislator's brother began trial on Hobbs Act violations. Although, no one has been nominated yet, the US Atty for the same district has tendered his resignation,effective on MLK day. A US Supreme Court decision is holding back a trial of the same individual on other charges in which a DA is also involved.

Not to mention, the state AG has taken on a 2009 police killing in Claiborne parish, for which no dates have been set. A Jan 2009 taser-death "stun-drive" case is scheduled to begin February 9th 2010 in a rural parish. In July '09 a Colfax man was killed by police. And the Calcasieu parish public defender system is back in court for a repeat. But now with, the recent upheavels in the 19th JDC-PDO and the recent revelations of case fixings for pay, it should be evident the system needs a thorough going over.

Does any body really care.
The current United States Attorney General was involved in a wrongful conviction case at the time he was nominated by the POTUS. That case, subsequently settled with the exoneree receiving millions. But there are others, who are trapped in this jurisprudence gone awry. Beyond the personal objectives and agendas, there is still opportunity to begin the real work of evolving into a better position. There is no giving up in this fight. All the signs are there to let the sighted know, what must be done. As citizens. May the parties in position respond to this appeal.

In a 2008 resolution, the Louisiana Legislature's LLBC was requested to convene hearings on the justice apparatus in the state. The then chairman of the LLBC agreed. A house concurrent study resolution was authorized, and nothing has come to fruition. 2010 is here. Yet it is not too late, to do the right thing. Although, there is a new chairwoman, who will take this endeavor on?

Someone has to make a move! It has to happen, now. Are you the one?

Sunday, October 25, 2009

Justears! Louisiana Backwater

Injunctive Relief Needed in present court systems | Failed Justice | Louisiana Appellate Project | '08 La. Legis. House Concurrent Study Resolution [HCSR-1] approved - no action taken

[ JP resigns] Several accounts
have been made relating to a justice of the peace in south Louisiana. Some who retold the story state the JP denied a marriage license to the couple. Not true.

The state official refused to perform the ceremony. The two individuals have now filed suit for civil rights violations in the federal courts. Great.

This could be a perfect storm to make the state's highest court do it's job. In forcing the high court to act, it could very well alter the face of the system, finally. The new chief justice, has a few things to prove in her role. The civil rights suit has nothing to do with actions of the judiciary commission. The commission, is already however wanting to get around it's efficacy. A spokesperson from the judicial administrators office told a national news outlet, the process could take as much as a year. However, the chairman of the commission can cause the body to act, sooner than later if it so desires.

The commission's legal counsel, should already have begun compiling her information to present to the commission, on how the JP's defense may seek to defend him. Truly, the inner workings of the process is hard to unravel. Within the process, the commission's legal counsel will advise the commission on the possible routes the JP's defense may take. The office of disciplinary counsel will make the formal accusatory declaration to the JP. That person is the interim special counsel.

The former special counsel left the commission last year. In 1994, he went to work for the judiciary commission where his primary responsibility was to investigate complaints against judges and hand recommendations for discipline to the commission, a panel of three citizens, three judges and three lawyers appointed by the state Supreme Court. Once the commission settles on a sanction, it's the special counsel's job to persuade the justices to adopt the recommendation.

If, in the function of his office, a state official violates the law it is malfeasance. If, under the color of law an official violates the law and denies a person civil rights the public integrity section of the justice department can pursue criminal charges.

The Public Integrity Section oversees the federal effort to combat corruption through the prosecution of elected and appointed public officials at all levels of government. The Section has exclusive jurisdiction over allegations of criminal misconduct on the part of federal judges and also monitors the investigation and prosecution of election and conflict of interest crimes. Section attorneys prosecute selected cases against federal, state, and local officials, and are available as a source of advice and expertise to other prosecutors and investigators. Since 1978, the Section has supervised the administration of the Independent Counsel provisions of the Ethics in Government Act.

And what if prior state attorney's general were indeed aware of a JP's violative interpretation of their elected office? Who is now liable? The State? Is the state in need of expertise and advice from federal sources? Recusals of local US Attorneys are also a part of the public integrity sections operation. Would the state supreme court be found deficient? Would other areas of the state's judicial apparatus be subject to purview? Perhaps.

On, another note; the state's director of indigent defense, functioning under Act 307 passed by the 2007 regular session has admitted to media the system is broken. The Judiciary has the role of making sure proper judicial process is carried forth. Indigent defendants are routinely wrongly convicted through ineffective assistance of counsel. Is it unimaginable, the mere refusal to honor an officially obtained license from a clerk of court could evolve in to a full scale re-aligning of the system?

The Special Litigation Section of the Civil Rights Division of the US Department of Justice, recently finished an investigation into the Orleans Parish Prison. Released 9-11-09 it outlined deficiencies with the facilities operation. The final paragraph says in part - "We are obligated to advise you that, in the event that we are unable to reach a resolution regarding our concerns, the Attorney General may initiate a lawsuit pursuant to CRlP A to correct deficiencies of the kind identified in this letter"... .. .. .. . . .

Thursday, July 30, 2009

Memphis to Massachusetts

It is Not a time to be silent! America is a Police-State. Martin|Memphis|& Profiling. If you think the system is not edged against us. Consider this, who is next? Police investigating officer-involved shooting
July 25, 2009

The Louisiana State Police Bureau of Investigations/Alexandria Field Office is investigating a Friday shooting in which a Colfax Police officer fatally shot a man.

The shooting happened around 2:45 p.m., according to a State Police release. According to that release, Colfax Police Officer Stephen Merchant witnessed a physical altercation between Harold Phillips, 54, of Colfax, and an unidentified person on Chester Street while on patrol. As Merchant approached the two, Phillips fled on foot.

The foot pursuit led Merchant to Ash Street, where a physical altercation occurred between Officer Merchant and Phillips. It was at that time that Merchant shot Phillips, according to the report.

The Colfax Police Department requested that the State Police investigate the incident. The Grant Parish Sheriff's Office is assisting in the investigation.

Phillips was transported to Rapides Regional Medical Center, where he was pronounced dead.

The investigation is ongoing and, at the conclusion, the case will be forwarded to the Grant Parish District Attorney's Office.
The Town Talk


Couple Sues Police Over Dog's Death, Abuse In Raid
Yes, this involves cops threatening children with machine guns
By JIM NEWELL
Updated 6:31 AM EDT, Wed, Jul 29, 2009

The Hendersons' story spread like hotcakes in January 2008 after a Howard County SWAT team entered their Columbia home, late at night, brandishing a warrant for a major drug-dealing operation -- for some other home down the street: "a nearby house the police raided later that evening more closely matched the warrant’s description, and contained marijuana, a pair of scales and large sums of money." All they found drug-wise in the Hendersons' home was some pot and a bowl belonging to their house guest, who was immediately arrested for possession. Couple Sues

Officers involved in fatal La. shooting resign
(AP) – 1 day ago

HOMER, La. — Two white police officers involved in the fatal shooting of a 73-year-old black man in northern Louisiana have resigned from the force.

The Feb. 20 shooting of Bernard Monroe Sr. sparked protests and at least two investigations.

Officer Tim Cox, who shot Monroe in his yard, and Officer Joey Henry, who was present at the time of the shooting, have decided to pursue other employment, said Homer city attorney Jim Colvin.

"Tim Cox told me he is moving to St. Tammany Parish and I think will be training canines for police departments," Colvin said. "I don't know what Joey Henry is going to do."

Both officers had been on paid administrative leave after the shooting, which is still under investigation by the FBI and state police.

"They should have been gone," said Rev. Willie Young, head of the Claiborne Parish NAACP, on Wednesday. "I don't think taxpayers should have been paying their salaries all this time."

Monroe, who was mute after losing his larynx to cancer, was cooking on a grill in his yard with relatives and friends when the police officers arrived. In a report to state authorities, Homer police said Cox and Henry chased Monroe's 38-year-old son, Shaun, from a suspected drug deal blocks away to his father's house.

Witnesses disputed that account, saying the younger Monroe was talking to his sister-in-law in a truck outside the house when officers arrived.

There was a scuffle between the officers and Shaun, in which Shaun was shocked with a Taser. Police said the elder Monroe then pulled a gun on them and Cox fired his weapon. Witnesses claim Bernard Monroe was unarmed as he walked toward his porch.

State police said in February that a loaded gun was found on or near Monroe's body. But friends and relatives suggested police planted a gun Monroe owned next to his body.

The American Civil Liberties Union of Louisiana is studying arrests and traffic citations by Homer police as part of an investigation of racial profiling complaints against the department.

Reached by phone on Wednesday, Police Chief Russell Mills refused to comment.

Copyright © 2009 The Associated Press. All rights reserved.

Tuesday, May 26, 2009

Supreme Court & Indigent Defense - Louisiana Spotlight

| Obama Speaks to 100 year NAACP July 16, 2009 | Video-Obama@NAACP | Gates!-Profiled? | Barbara Boxer-Racial? | Is the NAACP Relevant-Clarence Page | Gates charges dropped | WaPo Story |

| LOUISIANA STANDARDS ON INDIGENT DEFENSE | News.doc LSBA new [model] ABA Rules on Professional Conduct |
Splitting 5-4, the Supreme Court on Tuesday overruled its 23-year-old ruling in Michigan v. Jackson on the rights of a criminal suspect in police custody who has asked for a lawyer. The Court did so in Montejo v. Louisiana (07-1529), in an opinion written by Justice Antonin Scalia. After Scalia announced the decision, Justice John Paul Stevens spoke orally for the dissenters — a somewhat unusual gesture. Stevens was the author of the 1986 decision that was cast aside; he was the only member of the Court then who is still sitting. Michigan v. Jackson overrulled in Montejo v. Louisiana
Sotomayor
Louisiana Public Defender Board Staff. The Spotlight is steadily glaring on the state of Louisiana. Within the boundaries of today's SCOTUS decision is a blatant 5 to 4 conservative response in answer to an already vulgar criminal justice apparatus in Louisiana & America.

Brief of AMICI CURIAE the Louisiana Public Defenders Association in Support of Petitioner JESSE JAY MONTEJO V. STATE OF LOUISIANA - rendered 26 May 2009.

The Sixth Amendment provides a right to counsel at each “critical stage” of a criminal proceeding. This case addresses whether a defendant must affirmatively accept the appointment of counsel to receive the protections of that right, particularly the protection not to be interrogated by the state without counsel’s presence or consent.


INDIGENT DEFENSE IN NORTHEAST LOUISIANA Both expenditures and revenues for the 4th Judicial District have increased over
the years under study. Because the data collected in the previous study is in a
different format than the data collected for the last two years, the individual line
items are not directly comparable; instead, focus should be placed on the total
revenues and expenditures when making comparisons. In addition, the 2003 and
2004 totals represent 11 month totals (January through November); the 2006
figures are full-year totals. The 4th Judicial District is unique among the four under study here as it is the only Judicial District that has a formalized on-going training program for public defenders who handle felony cases.

This training occurs monthly and is open to
all public defenders from other Judicial Districts. The 4th Judicial District is also
working to prepare a training manual that can be easily distributed, as well as
expanding the training program to include public defenders who handle
misdemeanor cases and one for those how handle juvenile cases. These
subsequent training courses will also be open to all public defenders from other
judicial districts.

Effective August 15, 2007, the Louisiana State Legislature enacted a new law (R.S.
15:146-184) revising the Louisiana Indigent Defense Assistance Board (LIDAB)
and creating the new Louisiana Public Defender Board (LPDB). This new law
provides that the LPDB shall have “all regulatory authority, control, supervision,
and jurisdiction, including auditing and enforcement, and all power incidental or
necessary to such regulatory authority, control, supervision, and jurisdiction
over all aspects of the delivery of public defender services throughout the courts
of the state of Louisiana” (R.S. 15:147). What was known as “indigent” defense
has since become “public” defense. The adage “the name has changed but the
game remains the same” certainly applies.

Indigent Defense Services Task Force

Louisiana Public Defenders Association

NACDL Indigent Defense Recent Developments In the spring of 2003, the Louisiana State Bar Association passed a resolution in honor of the 40th anniversary of the Gideon decision that called into question the adequacy of adult indigent defense services in Louisiana and urged the state government to establish a “Blue Ribbon Commission to develop a strategic plan for indigent defense system reform and set a timetable for implementation.”

LASC Rule XXXI (3) Private Practice of Law. A staff attorney of a district indigent defender board, who is a permanent, full-time employee of the district board, shall not engage in the private practice of criminal law in the same jurisdiction in which he or she serves as a staff attorney. The said attorney, however, may be permitted by the district board to have a private civil law practice in the same jurisdiction in which he or she serves as a staff attorney, provided such practice does not conflict with or otherwise adversely affect the duties owed by the attorney to his or her indigent clients.

What's the matter with this picture? Already the "wheel of justice" rolled when the news article showed the "leading" photograph of this 19 year old accused suspect, as he was being transported to OCC.
The 40 something year old trigger-man is the real culprit. Video surveillance doesn't show the 19year old in the store. The 19 year old doesn't admit to knowledge of the crime, before leaving Morehouse Parish.
Will the Indigent Defense system of the 4th Judicial District provide adequate assistance of counsel.

IN DEFENSE OF PUBLIC ACCESS TO JUSTICE
To recognize the 40th anniversary of the Supreme Court's decision in Gideon v. Wainwright, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed. 2d 799 (1963), and to rededicate the State of Louisiana to the promise of equal justice for all, regardless of income, in accordance with the American Bar Association’s (ABA) Ten Principles of a Public Defense Delivery System, by creating the Louisiana Task Force on Indigent Defense Services.
WHEREAS, 2003 marks the 40th anniversary of the Supreme Court's decision in Gideon.. .

WHEREAS, the Supreme Court stated in Gideon the "obvious truth" that "in our adversary
system of criminal justice, any person haled into court, who is too poor to hire a lawyer,
cannot be assured a fair trial unless counsel is provided for him"; and
WHEREAS, the Supreme Court has consistently extended the right to counsel to critical
stages of criminal proceedings and any case that may result in the potential loss of liberty,
including: direct appeals -- Douglas v. California, 372 U.S. 353 (1963); custodial
interrogations -- Miranda v. Arizona, 384 U.S. 436 (1966); juvenile proceedings resulting in
confinement -- In Re Gault, 387 U.S. 1 (1967); preliminary hearings -- Coleman v. Alabama,
399 U.S. 1 (1970); Louisiana Justice Coalition