LPSC Employee Ordered Reinstated

The First Circuit ruled that a decision by the Civil Service Commission confirming the firing of a Public Service Commission employee was "arbitrary and capricious." The court ruled that the Commission's policy must be read strictly because of the potential penalties to the employee. The Advocate reports that the employee claims he was fired for cooperating with the Legislative Auditor. The Commission claims the employee was fired for falsifying travel reports.

19th JDC to Replace Civilian Bailiffs

The Advocate reports that the East Baton Rouge Sheriff's Office will be replacing up to 14 civilian bailiffs with certified deputies. The move is intended to increase security, in response to recent events. The article profiles a few of the bailiffs who will likely lose their positions.

Suit Over Old $100 Bill Reinstated

The First Circuit reinstated a suit against East Baton Rouge Sheriff's Deputies and Jack in the Box over a detention and investigation into a 1974 $100 bill according to The Advocate. A Southern University student was detained while deputies tried to ascertain the legitimacy of the bill. Lawyers for the Sheriff's Department stated that the First Circuit "missed the point" and the detention was reasonable under the circumstances.

Sunshine Week Challenge

The Shreveport Times reports that "Louisiana Gannett newspapers are filing suit today against East Baton Rouge Parish's Emergency Medical Services Department seeking release of the 911 tapes that summoned help last month for Secretary of State Fox McKeithen." The East Baton Rouge District Attorney represents EMS and has denied the request citing the privacy protections contained in HIPAA.

Courtroom Security Concerns Run High

The Advocate reports that eleven 19th Judicial District judges met with members of the East Baton Rouge Parish Sheriff's Office to talk about the security in the downtown Governmental Building on Tuesday. A companion article notes that Sheriff's Deputies and other law enforcement officers are opposed to any requirements that would have them lock up their guns in the courthouse.

On a related note, the Shreveport Times reports that courthouse security is a concern in the Caddo Parish Courthouse, but Caddo Assistant District Attorney Hugo Holland thinks that the courthouse is "one of the best" prepared to handle unexpected events like the one in Atlanta last week.

C-Murder Won't Get New Trial

The Advocate reports that Louisiana's 5th Circuit Court of Appeals overturned State District Judge Martha Sassone's decision to grant a new trial to Corey Miller, also known as C-Murder. Judge Sassone granted the new trial after learning that prosecutors withheld information from Miller's attorney that some of the state's key witnesses had criminal records. The Court of Appeals reversed, finding an abundance of other evidence to fully establish Miller's guilt.

Ninth Year in Prison Without Trial

Two brothers serving their ninth year in prison without ever going to trial could be out within weeks, according to a report on USAToday.com. A three-judge panel granted motions that could free the two men. In 1996, they were arrested for allegedly killing a man. The Louisiana Attorney General's Office said defense motions and requests for delays dragged out the case.

Judge Faces Disciplinary Hearing

Judge Pamela Taylor Johnson, an East Baton Rouge Parish Juvenile Court judge, went in front of the Louisiana Supreme Court Wednesday, according to a report in the The Advocate. She was accused of judicial misconduct by the Louisiana Judiciary Commission. The commission recommended that Judge Johnson be suspended for 60 days without pay for allegedly failing to timely sign judgments in three dozen child-support cases, and for allegedly interfering with a retired Orleans Parish Juvenile Court judge appointed by the high court in February 2001 to oversee the administrative functions of East Baton Rouge Parish Juvenile Court. Judge Johnson's attorney, Nelson Taylor, argued that the disciplinary hearing was politically motivated and meant to punish her for helping to create a "politically unpopular" juvenile drug court and drug treatment center. The La. high court has issued no decision yet.

Iberville Parish Attorney Fired

The Advocate reports that Iberville Parish President Mitch Ourso fired parish attorney John W. Wilbert, III after a heated meeting last month. Wilbert has not been replaced.

Blanco Says School Boards Should Be Able to Pray

According to a report in The Advocate Governor Blanco is urging the Tangipahoa Parish School Board to appeal a ruling by a federal district judge declaring prayer at their meetings unconstitutional. The governor said, "I believe that such prayers are entirely appropriate, constitutional and in keeping with a practice in our nation that dates back to the Continental Congress." The court found that prayer at school board meetings is different from prayer to open a legislative session, for example.

No Time to Bill?

The Advocate reports that Randy Zinna, a lawyer who represents the Municipal Police Employees' Retirement System, has neglected to bill $107,000 of his work and expenses to the organization. Zinna is preparing the invoices now--for work that dates back to 2002. "It's my fault," he said. "It's not something I'd like advertised, but I'm not hiding anything. I just haven't gotten the data out yet."

Baton Rouge Ecstacy Trial Making History

WAFB reports that the murder trial of Heather Smith is making legal history. It is apparently the first case being tried under a Louisiana law that says if you provide drugs to a person who dies, you can be charged with murder. The case is being prosecuted by attorney Darwin Miller and defended by attorney Bo Rougeo.

Former Judge Dies

The Advocate reports that former First-Circuit Judge Wallace A. Edwards passed away at his home on Saturday. Judge Edwards was 28 when he was first elected to the bench in the 22nd Judicial District-- making him the youngest judge ever elected to a Louisiana state court.

Trial Date Set for Accused Serial Killer

WAFB reports that Judge Bonnie Jackson has set the date to begin accused serial killer Sean Vincent Gillis' first degree murder trial for the death of Donna Bennett Johnston. It will be October 11th of this year. Prosecutor Prem Burns says before that trial date, she wants to have the FBI perform new DNA tests using a fresh sample from Gillis. Gillis' attorney, Kerry Cuccia objected in open court, but the judge overruled.

Courthouse Security in Iberville Parish

The Advocate reports that 18th Judicial District Judge William Dupont and Iberville Parish President Mitch Ourso expressed differences in opinion regarding which of them is responsible for providing security at the Iberville Parish Courthouse.

"I invite you to come and watch on court day here. You ought to watch that circus, the people coming and going. Security here is an issue for the judges, not the Parish Council," Ourso said to the Iberville Parish Council.

The debate eventually turned ugly.

AG Opinion Says Livingston Parish Fee Illegal

A report in The Advocate states that a recent Attorney General's Opinion found that Livingston Parish is illegally charging a fee on the transfer of immovable property. The parish charges a $300 tax on the transfer of immovable property within the parish in an effort to stop running the parish on a deficit.

State Seeks to "Stamp Out Fraud"

The Advocatereports that Governor Blanco will announce a new campaign to educate the public on the costs of fraud to Louisiana. The new website is located at the Department of Labor's site, and it includes information on worker's comp fraud, identity theft, and insurance fraud.

Contractors Vow to Continute Fighting Odom

The News Star reports that state contractors intend to challenge State Agriculture Commissioner Bob Odom's practice of using his employees to do construction work on state projects. Specifically, Odom has been flying forestry firefighters, unclassified employees (including his top staff) and even himself from Baton Rouge to north Louisiana to work on a state-financed $45 miillion syrup mill in Jefferson Davis Parish. The Association of General Contractors argues that Odom's practice violates the state's public bid law and is planning to appeal a decision in Odom's favor to the Louisiana Supreme Court.

Judge Conducts "Therapeutic Jurisprudence"

The Advocatereports that Judge Don Johnson's method of "therapeutic jurisprudence" may be illegal. Judge Johnson has ordered some people convicted of certain crimes in his court to pay their fines to persons other than the Sheriff. He has ordered defendants to pay the Kiwanis Club, Southern University baseball team, and McKinley High School. The only problem with this is that the Louisiana Law requires that all fines be paid to the sheriff.

Ascension Student May Take Case to Supreme Court

The Advocate reports that an Ascension Parish student may appeal a lawsuit related to his 2001 expulsion all the way to the Supreme Court of the United States. The student was expelled in 2001 after he drew a picture that appeared to depict a Columbine style attack on his school. The student's appeal was taken up by the Rutherford Institute, a civil liberties organization.

Odom Trial Delayed by Lack of Oath

The Advocate reports that the trial of Commissioner of Agriculture Bob Odom has been delayed until prosecutor Tony Clayton takes an oath of office and files it with the Secretary of State. The court rejected an argument by East Baton Rouge Parish District Attorney Doug Moreau that Clayton had already taken several oaths and did not need to have them filed with the Secretary of State.

Former Department of Insurance Employee Pleads Guilty

The Advocate reports that Lylia Jackson, a former employee in the Louisiana Department of Insurance, pled guilty to one count of public bribery. A press release from the Attorney General's web site provides the following details:

Jackson was arrested in December 2003 for taking bribes to sell agent licenses to individuals not legally qualified. Pursuant to a plea agreement, Jackson was placed on two years active supervised probation and fined $500.00 plus court costs. Regina Duncan, an accomplice in this scheme and former Department of Insurance employee, pled guilty in November 2004 to one count of public bribery.

UPDATE: The original story published on The Advocate's site was removed, as it mistakenly indicated that Ms. Jackson was an employee of the Attorney General--a mistake repeated here. Accordingly, the above was corrected to note that Ms. Jackson was indeed an employee of the Department of Insurance. Our gratitude is offered to the alert reader that noticed the mistake.

Alexander Appeal in Court Today

The Advocate reports that oral argument is scheduled for today in Rodney Alexander's appeal. "Alexander was a longtime Democrat who filed to run for re-election as a Democrat on Aug. 4, then refiled as a Republican two days later, just before the deadline to sign up for the race."

Group Wants Victory Off the Case

The Advocate reports that the Forum for Equality Protection has filed a motion seeking to have Louisiana Supreme Court Justice Jeffrey Victory disqualified from hearing the marriage amendment case because of comments he made during a campaign stop at Higher Ground Ministries in Mansfield earlier this month.

Juvenile Justice Program Moves Forward

The Advocate reports that Governor Blanco's effort to reform Louisiana's juvenile justice system is back on track after the state has renewed negotiations with the Annie E. Casey Foundation.

BR Judge Seals Settlement

The Advocate reports a bizarre story concerning a dispute among board members of the Special Children's Foundation, Inc. The suit, filed by one board member, alleged that the board chairman "had unilaterally shifted the philanthropic focus of [the charity] from helping mentally retarded adults to getting a building named after himself at LSU." 19th JDC Judge Janice Clark sealed the settlement, which apparently requires the Special Children's Foundation to donate almost $500,000 to five charities.

Alexander Suit Moves Slowly

The Shreveport Times reports that US District Judge Frank Polozola will have a meeting in chambers with the attorneys involved in the Alexander dispute this Friday.

Lee's Public Defender Speaks

Tommy Thompson, the public defender who represented Derrick Todd Lee, believes that Lee's case may end up before the US Supreme Court, reports The Advocate. Thompson says that obtaining Lee's DNA with a subpoena was a violation of Lee's constitutional rights. The article details several other concerns of Thompson.

Gay Marriage Amendment Battle Continues

The Shreveport Times reports that 19th DC Judge Mike Caldwell ruled that a lawsuit challenging Louisiana's proposed gay marriage act is premature. Nonetheless, all signs indicate that the issue will be before the Louisiana Supreme Court before the election on September 18.

Wagner's DNA Claims Dismissed

The Advocate reports that US District Judge Frank Polozola has adopted the recommendation of US Magistrate Stephen Riedlinger and dismissed a lawsuit filed by Floyd Wagster, Jr. that alleged the East Baton Rouge Parish Sheriff's Office illegally coerced him into providing a DNA sample during the hunt for Baton Rouge's serial killer. The suit was dismissed because it was filed a year and five days after Wagster provided the DNA sample--five days too late. Jill Craft, an attorney for Wagster, unsuccessfully argued that the search wasn't complete until the DNA was actually tested.

Alexander Suit Goes to Polozola

The Advocate reports that US District Judge John Brady recused himself from hearing a lawsuit filed against US Representative Rodney Alexander. The case was reallotted to US District Judge Frank Polozola. The case was removed from state court last Friday and the removal has been called nothing more than a delay tactic by Chris Whittington, an attorney representing the state Democratic Party and plaintiff Jeremy Lacombe in the case.

LADB Recommends Disbarment

The Advocate reports that the Louisiana Attorney Disciplinary Board has recommended the disbarment of Broderick DeJean of Opelousas.

The committee said DeJean has made arrangements to make restitution out of an eventual recovery of attorney's fees in a pending case. The committee said he commingled and converted roughly $148,000 in funds from his clients and third parties.

Fight Over Gay-Marriage Amendment Continues

The Advertiser reports that Judge Michael Caldwell is scheduled to hear arguments today in a suit filed by Forum for Equality. The group is challenging a proposed constitutional amendment that seeks to ban same-sex marriages in Louisiana.

The article also notes that Orleans Civil District Judge Christopher Bruno blocked the planned vote on the amendment in a similar case on Friday, but has suspended his order to allow the state to appeal directly to the Louisiana Supreme Court.

Lee Sentencing Set for Today

The Advocate reports that convicted killer Derrick Todd Lee is scheduled for sentencing today. Lee was convicted of second-degree murder, which carries a mandatory life sentence.

Lee Juror Speaks

The Advocate provides a report indicating that DNA evidence convinced the West Baton Rouge jury that found Derrick Todd Lee guilty of murdering Geralyn DeSoto.

Lee Found Guilty

The Advocate reports that Derrick Todd Lee has been found guilty of murdering Geralyn DeSoto.

Public Acces to Court Records via the Internet

A request by the Clerk of Court for Livingston Parish to enter into cooperative endeavor agreement with other clerks of court to use software that allows public access to court records via the Internet has been given an OK by the Attorney General's office. The opinion is not yet available online, so details are not clear. Nonetheless, it looks like more parishes will be joining these clerks of court online.

Profile of Judge Robin Free

The Advocate profiles Judge Robin Free, who is presently presiding over the first trial of Derrick Todd Lee.

The judge spends much of the time staring into the screen of a laptop computer. Free explained to jurors on Friday that he is paying attention to the trial and that he uses the laptop to review the law.

Will Lee Represent Himself?

The Advertiser reports that it is not clear who will provide Derrick Todd Lee's defense this week. Lee met with attorneys in the West Baton Rouge Parish public defender's office to determine whether his current attorney, Tommy Thompson, another attorney from the office, or even Lee himself will present the alleged serial-killer's defense. Lee has made complaints that Thompson has not tracked down witnesses who could prove that he was elsewhere at the time Geralyn DeSoto was murdered.

The IT Decision

The Louisiana Environmental Lawyer, a publication of the State Bar Association's Environmental Law Section, has published its Summer 2004 edition [pdf]. The issue features an article I wrote for the section's annual essay contest last year. It details the facts underlying the Louisiana Supreme Court's IT decision, a case which any environmental lawyer in the state is intimately familiar with, and its subsequent and continuing impact on business development in the state today. It's easy reading and should benefit anybody with commercial and/or industrial clients. The following quote evidences the applicability of the topic to present-day construction projects and activities:

The constitutional and statutory construction of the “IT Decision” mandates that environmental factors should be a primary concern when decisions are made that have the potential to impact the environment. In a proper application, the “IT Requirements” should be considered in the very initial stages of a proposed project. Such consideration requires that business partners responsible for developing a business plan or feasibility study coordinate their efforts with environmental staff or consultants. If a court is convinced that an applicant seriously considered the “IT Requirements” when it developed its project, it is much more likely to prevail on a showing that the environmental impact costs have been avoided to the fullest extent possible and that they do not outweigh the social and economic benefits of the proposed activity.

Derrick Todd Lee Trial Blog

The Advocate is using a blog to provide coverage of alleged serial killer Derrick Todd Lee's first trial. There are still a few kinks to be worked out (e.g., no permalinks and an apparent lack of real-time posting), but this is an experiment to be commended.

Lee Jurors Sworn In

The Advocate reports that six men and six women will serve on the first jury to hear a case against Derrick Todd Lee. Jury selection was finished last night, as court officials swore in the twelve jurors and two alternates around 8:00 p.m. The linked article provides a brief description of each juror.

Opening arguments begin today at 1:00 p.m.

Jury Selection in Lee Trial Continues

The Advocate reports that 11 jurors remain out of the 50 questioned thus far in the effort to seat a jury for the first trial of alleged serial killer Derrick Todd Lee. Judge Robin Free likened Tuesday's proceedings to a game of chess, in which the most-skilled player wins.

Lee Jury Selection Continues

The Advocate reports that jury selection for the first trial of suspected serial killer Derrick Todd Lee continues in West Baton Rouge Parish. "Judge Robin Free, presiding in 18th Judicial District Court, said he felt the law required him to dismiss all 14 people [from a Monday afternoon panel], because they all heard [another potential juror] say that Lee faces charges elsewhere."

More on Suits Related to Grading Errors

The Advocate reports that at least six lawsuits have been filed against Educational Testing Service as a result of its errors in grading the PRAXIS teacher certification exam. "Kirk Guidry, a Baton Rouge lawyer, said Monday his firm has filed one lawsuit in civil District Court in New Orleans and a second one there in federal court." Furthermore, Guidry thinks the suits might be consolidated in the Eastern District of Louisiana because over 12% of teachers affected nationwide by the foul-up were from this state.

Fifth Circuit Halts Gas Rules

The Advocate reports that the United States Fifth Circuit Court of Appeal has halted the use of reformulated gasoline in the Baton Rouge area, at least for the next several months. On Monday, the court directed the EPA to evaluate whether the requirement for the gasoline might be waived based on information to be provided by businesses, local governments and the Louisiana Department of Environmental Quality.

LA Industries to Face Heavier Pollution Fines

The Times-Picayune reports that Department of Environmental Quality Mike McDaniel has indicated that his Agency "will steer a middle course between the enforcement levels that brought complaints from industry during Gov. Buddy Roemer's administration in the late 1980s and early 1990s, and what McDaniel said has been the more relaxed enforcement of the past 12 years under Govs. Edwin Edwards and Mike Foster."

"Philosophically, the fines should have enough punitive impact to make the point we don't want a violation of the laws," McDaniel said. "You will see under this administration a little more emphasis on penalties. You are going to see more punitive measures to get out the message that violations are not acceptable."

Cleanup of Hazardous Waste Site Sought

The Advocate reports that residents of Bayou Sorrel have filed suit seeking to have five buried pits of hazardous waste pits cleaned up. Steve Irving, the plaintiffs' attorney, said that the pits were discovered as part of another lawsuit and that this suit was filed when the Louisiana Department of Environmental Quality didn't respond to a notification of the problem.

Gillis' Computer Files Detailed

The Advocate reports that prosecutors have filed a document detailing the files found on suspected serial killer Sean Gillis' (why isn't this guy's middle name used?) computer.

Edwards Continues to Fight (and Lose)

The Advocate reports that Edwin Edwards has lost another bid to get out of jail. US District Judge Ralph Tyson issued a ruling denying Edwards' request to unseal a letter containing allegations of juror misconduct and to interview a former juror and his lawyer who were responsible for writing the letter. In his ruling, Judge Tyson "cites previous case law warning that juries 'should not be exposed to post-verdict fishing expeditions into their mental processes with the hope that something will turn up.'"

Officer's Discrimination Suit Moving Forward

The Advocate reports that US District Judge James Brady concluded that there is sufficient evidence to allow Mark Martello's discrimination suit against the Baton Rouge Police Department to proceed. Martello alleges he was discriminated against because he was depressed and Judge Brady found that the record was void of any admissible evidence "regarding a legitimate, non-discriminatory reason" that Martello was fired from the department after he refused to accept a desk job instead of returning to the street.

LA Floral Licensing Causing National Blemish?

The Advocate is of the opinion that Louisiana's licensing system for florists, the only one in the nation, continues to turn up in the national media making the state look bad. Such exposure negatively impacts business because it "paints Louisiana as a place hostile to business."

Dutchtown Teens Not Indicted

The Advocate reports that an Ascension Parish Grand Jury decided that it did not have enough evidence to indict two Dutchtown High School students for planning another Columbine at their school. The case, however, remains open in the event that additional evidence is discovered.

Suit Seeks to end Delays for Alternative Care

The Advocate reports that attorneys with the Advocacy Center are back in the Eastern District of Louisiana seeking to enforce a settlement agreement reached with the Louisiana Department of Health and Hospitals over alternative care arrangements. The settlement provides for an alternative to nursing homes for income restricted individuals that are Medicaid-eligible and age 65 and older, or disabled people 21 or older, who otherwise would qualify for nursing homes.

Another Local Article on Blakely

Judge Polozola on Blakely during a sentencing hearing last week: "Some judges around the country have already declared the guidelines to be unconstitutional, and I'm not certain what the appellate courts will do. I will give you two sentences today. One will be under the guidelines, and one will be without -- just like I did when in the '80s when I came on the bench." The Advocate provides the full story.

Jury Selection for Derrick Todd Lee Slated for August 2

The Advocate reports that jury selection for Derrick Todd Lee's first-degree murder trial in West Baton Rouge Parish is slated to begin August 2. The article also outlines several evidentiary decisions made by 18th JDC District Judge Robin Free.

Livingston Jury to be Sequestered

The Advocate reports that 21st JDC Judge Bruce Bennett will sequester the jury being selected in the first-degree murder trial of James "Pop" Skinner. Skinner is one of five men accused of kidnapping, beating and killing an Albany High School student in 1998. Juries have already convicted two other defendants in separate trials.

AG Investigating Bogus Press Release

The Times-Picayune reports that the Louisiana Attorney General's office is investigating a Mississippi native for allegedly sending out a fake press release indicating the Governor Blanco was willing to settle the oysterman suit. "The person who did this was certainly trying to influence a certain crowd that the governor wanted to settle the case ... I don't know how many people are out there who still believe that the governor wants to settle the case," Denise Bottcher, Blanco's press secretary stated.

DEQ issues Emergency Rule for Minor and Moderate Violations

The Office of the State Register has published a Louisiana Department of Environmental Quality emergency rule that outlines an alternative penalty assessment mechanism for minor and moderate permit violations. In the past three years alone, the DEQ Enforcement Division has received 8,139 referrals and has issued 4,259 actions. The emergency rule was developed because DEQ's strained budget and resource issues pose an imminent impairment to the Agency's ability to address minor and moderate violations.

Louisiana Hospitals Sue Government

The Times-Picayune reports that thirteen Louisiana hospitals have joined with hospitals in Mississippi and Alabama to file suit against the federal government claiming they are owed Medicare payments. The suit challenges the U.S. Department of Health and Human Services' over reliance on a wage index to calculate Medicare payments.

Past Hazing Incident Held Admissible at Trial

The St. Amant community will be closely watching the trial of St. Amant High School Football Coach David Swacker, which is set to begin on July 19. Coach Swacker was charged with failure to report abuse and neglect, a misdemeanor, in connection with the alleged hazing of then-sophomore Jake Savoy. Trial preparations are underway and The Times-Picayune reports that ad-hoc Judge A.J.Kling of the 23rd JDC has ruled that one of two prior hazing incidents can be admitted at trial.

The alleged hazing victim is the son of Ascension Parish councilman Jerry Savoy, who represents St. Amant as part of his constituency. Savoy's wife, Karen, has since formed a national organization--Mothers Against School Hazing (MASH)-- to combat hazing abuses. The Advocate has reported on her efforts here. The Savoy's have also filed a civil suit naming Coach Swacker and the Ascension Parish School Board as defendants.

LSU Law Professor has Torture Connections

The Advocate reports that the attorney responsible for the Justice Department's torture memo is Jay Bybee, a former LSU law professor. Since that time, Bybee has been appointed to the 9th U.S. Circuit Court of Appeals. Accordingly, LSU shouldn't have to worry about its students reacting in a manner similar to this.

Edwards Won't Get New Judge

The Advocate reports that US District Judge Ralph Tyson has issued a ruling refusing to recuse himself from ruling on whether Edwards conviction should be overturned because of claims that Judge Polozola was impaired by painkillers during Edwards trial. The motion filed by Edwards' attorneys claimed that "a reasonable observer undoubtedly would harbor doubts about whether Judge Polozola's colleagues could decide these types of questions in a fair and impartial manner."

Fifth Circuit Halts Gas Mandate

The Advocate reports that the US Fifth Circuit has granted a stay in the five-parish Greater Baton Rouge area regarding EPA's mandate that drivers must use specially reformulated gasoline. A hearing will be set next week to consider the local government's suit that claims the requirements will not make the air cleaner and are an undue burden.

Football Network Sued

KATC reports that the Baton Rouge-based Football Network has been sued by a foamer contractor for labor expenses, travel time and rental car costs. The Network, which was subsidized by the state to the tune of over a million dollars only broadcasted for a few weeks and has since shut its doors while it is looking for additional funding.

Judge Protects DNA Samples from Lee Sweep

The Times-Picayune reports Judge Frank Polozola has extended an order protecting more than 1,200 DNA samples collected during the frantic search for Derrick Todd Lee until the alleged serial killer has been tried.

Attorneys and Advertising

The Advertiser carries a national AP story that profiles Baton Rouge attorney E. Eric Guirard and his advertising practices. The article notes that Guirard, a former stand-up comic, spends seven figures annually to promote his firm.

"E" doesn't stand for anything--that’s my nickname. But if you want to be successful, you have to have that letter out in front of your name,” Guirard said. “With me, you don’t have to remember a name, you don’t have to remember a slogan--just remember a letter: E.”

Plantation Chef Files Suit Against Smokey Robinson

The Advocate reports that Nottoway Plantation chef Johnny "Jambalaya" Percle has filed a suit against Motown singer Smokey Robinson for trade-name infringement. Percle, "who has served his fare to the likes of Pope John Paul II, Shaquille O'Neal, the rock band Kiss and two U.S. Supreme Court justices," alleges that Robinson's new food label slogan "The Soul is in the Bowl" violates his catch phrase--"Soul in Yo Bowl"--which he uses in his own food line.

Suicide Note Ruled Admissible as a Dying Declaration

The Advocate reports that 19th JDC Judge Duke Welch will allow the admission of a suicide note allegedly written by a young woman before she committed suicide because it is "highly relevant" to the case. The decedent's parents have filed suit against a fraternity and one of its former members alleging that their daughter was given alcohol and/or drugs and raped at a fraternity party on February 6, 2001. The young woman was found hanged, along with a suicide note, on April 9, 2001.

Greg Rozas, the parents' lawyer, said it is evident that the suicide note was written immediately before her death because in one line she says, "I didn't know it would hurt this much,"--referring to the noose around her neck. The note gives the name of the man she says raped her and details how she tried in vain to get help before she says goodbye to her parents. A trial has not yet been scheduled, and Judge Welch urged the defense to appeal his ruling because he and attorneys in the case could find no other case in the state's history in which a suicide note was allowed as evidence in a civil trial.

Afraid of SBE Liability?

The Baton Rouge Business Report warns its readers to be very afraid of "a risky and little-known experiment" being carried out by Louisiana courts--the corporate liability theory known as the single business enterprise doctrine. The doctrine allows courts to hold parent and sister companies liable for the debts of separately incorporated businesses, without any proof of wrongdoing. Characterized as a veil-piercing mutant, LSU Law vice chancellor Glenn Morris warns that the doctrine created by the Louisiana First Circuit Court of Appeal in the Green v. Champion case must be addressed quickly: "Once people have a vested interest in a doctrine, it becomes hard to repeal."

Councilman Sues Schoolboard for Hazing Incident

The Advocate reports that Ascension Parish Councilman Jerry Savoy has filed suit against the Ascension Parish School Board, a high school football coach, and the parents of three students that allegedly hazed Savoy's son. The suit, which was filed on Tuesday, would have prescribed today. Savoy, who was recently re-elected to his spot on the council, claims that he wants to stop future incidents. The school board, however, has already adopted an anti-hazing policy and criminal charges are being pursued against the students responsible for the incident.

9th Circuit Decision to Impact Baton Rouge Plaintiff

The Advocate reports that the fate of more than 1,200 DNA swabs collected in the hunt for Derrick Lee might be impacted by a United States 9th Circuit Court of Appeals ruling that the national law requiring federal convicts to provide blood samples is unconstitutional.

The California opinion addresses a central issue before the federal court in Baton Rouge: Under what circumstances can law enforcement authorities collect, maintain and share DNA profiles to solve crimes?

Justices of the Peace Handle Disputes without Need of Attorneys

The Advocate reports that the six Justices of the Peace in East Baton Rouge Parish collectively handle more than 1,000 cases per year. The article profiles a few of the justices, both of who claim to make little money in the position. Their claims are in stark contrast to a report that ran in The Times-Picayune last year.

Ethics Opinions Posted

The Louisiana Board of Ethics has posted opinions decided at its August meeting. Of specific attorney interest, an advisory opinion was issued regarding whether a part-time City Attorney under contract with the City of Opelousas may continue to provide legal services to the city when her husband's company does business with several city departments.

19th JDC Dismisses Bank's Suit Against Auditor

The Advocate reports that 19th JDC Judge Tim Kelly has dismissed a suit filed by Union Planters Bank against the Baton Rouge auditing firm of Postletwaite and Netterville alleging information in an audit led to its decision to extend a $25 million line of credit to Commercial Capitol Holdings Corp. The dismissal, however, comes with a caveat: Union Planters amended the suit to allege that a 1999 Louisiana law protecting auditors from lawsuits similar to the one in this case is unconstitutional. Accordingly, if the state law is found to be constitutional then the matter will be resolved, but if not, Kelly's dismissal will have no effect on the suit.

Bradys Speaks to Rotary About Deseg Case

The Advocate reports the U.S. Middle District Judge James Brady spoke about the settlement of East Baton Rouge Parish's school desegregation case to the Rotary Club of Baton Rouge. Noting that the case should have settled years ago, Judge Brady credited the settlement to a "change in attitude" by all parties.

Lee Funds Request Reasonable

The Advocate reports that several defense attorneys interviewed agree that the $800,000 requested by Derrick Lee's defense team is reasonable, with one indicating that a proper defense might cost $3 million because of the short lead time to trial. The article also notes that the East Baton Rouge Parish Public Defender's Office has not paid rent for years.

700 New Laws Go into Effect

The Advertiser reports that 700 new Louisiana laws go into effect today. Browse the following links for laws related to legal practice and the judiciary:

House Committee on Civil Law and Procedure
House Criminal Justice
House Judiciary
Senate Judiciary Committee A
Senate Judiciary Committee B
Senate Judiciary Committee C

Lee Loses Plea for Defense Funds

The Advocate reports that Derrick Lee's request for a defense fund was denied yesterday after an eight-hour hearing in 19th JDC Judge Richard Anderson's courtroom. Judge Anderson suggested that Lee should ask state agencies for the money, rather than mandating the provision of funds.

EBR Desegregation Case Finally Settled

The Advocate reports that US Middle District Judge James Brady finalized the settlement of the 47-year old school desegregation case in East Baton Rouge Parish yesterday.

EBR Desegregation Fairness Hearing Today

The Advocate reports that US District Judge James Brady will preside over a fairness hearing today before deciding whether or not to sign the proposed settlement of the 47-year old East Baton Rouge Parish desegregation case.

Lee to Remain before Judge Anderson

The Advocate reports that the First Circuit Court of Appeal ruled that Derrick Lee's trial for the murder of Charlotte Pace shall stay before 19th JDC Judge Richard Anderson. The Louisiana Supreme Court has already denied Lee's writ, so pre-trial proceedings will continue for the March 1, 2004 trial date. Lee will be in court today asking for $800,000 to mount his defense.

Unusual Trial Pending in Baton Rouge

The Advocate notes that an interesting trial is shaping up in the Middle District in Baton Rouge where former LSU Professor Mark Johnson is defending charges related to his sale of a deer herd. The paper notes that the trial is not even close to beginning, "but if the preliminary paper sparring between defense attorney John J. Jackson III and assistant U.S. attorneys Corey Amundson and Patricia Jones is any indication, this one is going to be worth the wait."

Johnson was indicted by a federal grand jury in April for passing off his own deer herd as that of LSU so that the potential buyers would believe that they were certified disease-free. The motions have centered on whether or not deer are wildlife, whether Johnson's attorney should be disqualified, and the striking of 10 paragraphs in the indictment.

Lawyer's Guilty Plea Upheld

The Advocate reports that the US Fifth Circuit Court of Appeal has upheld Baton Rouge lawyer Nina Broyle's guilty plea and resulting prison term for lying about her role in an adoption scheme. The scheme paid pregnant Russian women to come to the United States and give up their babies. Broyle was sentenced to 33 months in prison, significantly more than she expected as a result of her plea bargain. The court, however, noted that "unfulfilled expectations of a lighter sentence do not constitute a fair and just reason for allowing withdrawal of a guilty plea."

19th JDC Judge Pleads Guilty, Gets Fine

The Advocate reports that 19th JDC Judge Don Johnson pleaded guilty to failure to maintain control of a motor vehicle in Baton Rouge City Court last week. In exchange for his plea, prosectors dropped other charges that were pending against him. The charges were the result of Judge Johnson's accident reported here.

Comments Submitted in EBR Desegregation Case

The Advocate reports that four different groups filed comments objecting to the proposed desegregation settlement in East Baton Rouge parish on Thursday--the deadline to file written comments in order to appear at the fairness hearing to be held on August 14, 2003. "Meanwhile, former School Board member and attorney Ronald R. Johnson asked the court to pay him more than $94,000 for more than 500 hours of work at a rate of $175."

Lee to Appeal Ruling on Changing Judge

The Advocate reports that attorneys for Derrick Lee will appeal 19th JDC Judge Richard Anderson's decision to keep Lee's murder trial in his courtroom. The issue appears to be whether custom and practice regarding the changing over of the duty judge take precedence over written court protocols.

Ascension Parish Courthouse Renovations Near Completion

The Advocate reports that construction of an addition to the East Ascension Parish Courthouse is set for completion at the end of this week. The 32,100 square foot expansion has taken nearly two years to complete. Furntiure and fixtures for the courtrooms, however, will not arrive for several more months.

Shell Offshore to Pay $50 Million in Settlement

The Advocate reports that Shell Offshore, Inc. has agreed to pay nearly $50 million to the federal government for failing to report the fact that it flared almost 15 billion cubic feet of natural gas on one of its platforms located 150 miles south of Morgan City. Federal authorities say the wasted gas could have heated hundreds of thousands of homes for a month.

LA Has Highest Incarceration Rate per Capita

The Advertiser reports that a federal Bureau of Justice report released last month indicates that Louisiana has the highest per capita rate of incarceration in the nation--794 inmates per 100,000 residents. "By contrast, in the 1970s Louisiana had an average rate of confinement of 110 inmates per 100,000 residents," according to Burke Foster a UL Lafayette criminal justice associate professor.

White Lake Lawsuit Thrown Out Again

The Advocate reports that 19th JDC Judge William Morvant ruled Monday that state sentator Joe McPherson does not have standing to bring a lawsuit against the state and BP Amoco regarding the White Lake deal. Judge Morvant allowed Senator McPherson to amend the suit to show that he had a peculiar or keen personal interest, but still ruled that he did not when there was no allegation that the deal would affect him financially. The ruling will be appealed to the Louisana First Circuit according to McPherson's attorney, Steve Irving. "This is an important issue because it means no public interest group would ever have standing on issues. We didn't come this far to lose," said Irving.

Judge Anderson Keeps Lee Case

The Advocate reports that 19th JDC Judge Richard Anderson denied a defense motion asking him to transfer the case of Derrick Todd Lee to another judge.

Finding Jury for Lee Will be Difficult

The Advertiser reports the obvious: finding an unbiased jury to judge Derrick Lee will be a challenge. 19th JDC District Attorney Doug Moreau does not expect a decision regarding possible relocation of the trial anytime soon: “If it turns out that during jury selection it becomes obvious that it is impossible to seat a jury, the judge will know it."

Class Action Suit Filed to Get DNA Back

The Advocate reports that a class action suit has been filed against the East Baton Rouge Parish Sheriff's Department, the Louisiana State Police and the State Attorney General seeking the return of DNA samples collected during the hunt for the south Louisana serial killer. The named plaintiff, Floyd Wagster, is also seeking punitive damages related to the coercion that accompanied the giving of his DNA. "Assisting in the case is Barry Scheck, a law professor at the Benjamin N. Cardozo School of Law in New York noted for his landmark litigation on DNA technology."

Eatel Files Suit Against Lucent

The Advocate reports that Eatel Corporation has filed suit against Lucent Technologies seeking recovery of about $1.2 million that it says it paid for software that should have been provided at no cost. "It really is a sad thing, because this is a vendor with whom we've been doing business for a number of years and still have ongoing relationship," Eatel President Dan Ahern said. "But this was a significant amount of money, which we thought we were taken advantage of."

Who Will Judge Lee?

The Advocate reports that the East Baton Rouge District Attorney's Office submitted evidence that Charlotte Pace was alive after 12:00 PM on the day that she was killed, a fact that will be at issue in determining which judge presides over the trial of Derrick Lee. At issue is whether the duty court judge, who will be assigned the case, assumed duties at noon on Friday as custom goes in the 19th JDC or whether the written rules, which indicate Monday morning, are applicable.

Rail Worker Files Suit Against KCS

The Advocate reports that a Kansas City Southern Railway switchman injured by a remote-controlled locomotive last March is now suing the company for $3 million. The article notes that several accidents related to the remote controlled cars have occurred at the switching yard.

Foster Paroles Two

The Associate Press reports that Governor Foster granted a pardon to a terminally-ill inmate and a woman who served 20 years of a life sentence. Cheryle Hayes claims she was framed by the then district attorney after an affair soured. Governor Foster's actions in both cases followed the recommendations of the Pardon Board.

Plea Bargain No Barrier to State Civil Suit

The Advocate reports that 19th JDC Judge Duke Welch ruled that the state can sue former riverboat casino owner Robert Guidry, regardless of the fact that he was granted inmmunity for his testimony against Edwin Edwards. Guidry agreed to pay $3.5 million in fines and forfeitures as part of his plea bargain and argued that the district attorney's agreement should block the state from seeking additional damages.

Baton Rouge Firms Beginning to Market

The Baton Rouge Business Report reports on the marketing efforts of some of Baton Rouge's larger law firms. "Most law firms devote between 2 percent and 5 percent of their gross revenue to marketing efforts," says Kean Miller's Steve Boutwell." The article makes an interesting comparison of these marketing efforts to those of E. Eric Guirard, who spends 25% of his estimated $8 million annual income on marketing and advertising.

Prosecutors Want Five-Year Old to Testify

The Advocate reports that the first-degree murder trial of Edward T. Washington, Sr. was halted yesterday after prosecutors attempted to place the defendant's five-year old son on the stand. The child, who was two at the time of the crime, was the only person to survive an attack in his home in April 2000. The attack left four people dead, including his mother. Judge Bonnie Jackons said it would take all of Thursday afternoon to adequately research the law and indicated that this should have been litigated prior to trial.

Coach Saban Deposed in LSU Suit

The Advocate reports that LSU football coach Nick Saban gave his first deposition ever on Thursday. The deposition was related to two lawsuits filed by former kinesiology instructors at LSU that allege academic fraud involving the football program. "LSU admitted to five secondary NCAA violations as it completed its investigation and awaits NCAA rulings on its case."

Russell B. Long Chair to be Created at LSU

The Times reports that a contribution made to the LSU Law Center through the estate of the late Senator Russel B. Long will fund a $1.7 million endowed chair in his name. The contribution was the result of a charitable life insurance policy that Metropolitan Life Insurance Co. provided to Long for his service on its board of directors.

Housing Court Coming to Baton Rouge?

The Advocate outlines a proposed "housing court" in the works in the Baton Rouge City Court. The court would coordinate functions between multiple agencies that are related to landlord/tenant and developer relationships. Further, like it's model the "People's Court," the plans are to televise the proceedings.

Judge Gives Preliminary Approval to EBR School Desegregation Settlement

The Advocate reports that U.S. District Judge Brady gave his preliminary approval to a proposed settlement that will end the 47-year-old desegregation case in East Baton Rouge. The article also provides details on the content of the settlement.

19th JDC DA: Lee Defense Team should Follow Procedures

The Advocate reports that Doug Moreau, district attorney for the 19th JDC (East Baton Rouge Parish), claims that defense attorneys for accused serial killer Derrick Lee should follow state law in seeking additional funds for Lee's defense. Moreau says that money should be requested from the Louisiana Indigent Defense Assistance Board if the local Public Defender's Office does not have the money to provide a defense.

Things Get Interesting in EBR Desegregation Case

The Advocate reports that counsel for the original plaintiffs in the East Baton Rouge desegregation case, Gideon Carter and Norman Chachkin, have been granted approval to withdraw from the case. Although a memorandum of understanding has been signed by all of the parties, a final settlement has not been reached. It is unclear as to why the attorneys intend to withdraw, but the article indicates that at least one of the plaintiffs is unhappy with the proposed settlement.

Three 19th JDC Judges Out

An editorial by The Advocate outlines problems that judges in the 19th JDC are experiencing, thereby requiring that they take time away from the bench. Three separate judges have been out for an extended period of time: (1) Judge Mike Erwin has recently undergone successful hip replacement surgery; (2) Judge Wilson Fields has been fulfilling his duties as a judge advocate general in the Louisiana National Guard; and (3) Judge Don Johnson is apparently taking a month-long vacation.

EBR Desegregation Court Monitors Out of Job

The Advocate reports that Judge Brady has suspended the work of two of three court monitors assigned to the EBR Parish school desegregation case as the case appears headed towards a final settlement. The article provides a brief history of the relationships that the monitors had with the school community

US Supreme Court Sodomy Ruling to Impact Louisiana

The Times-Picayune reports that Richard Ieyoub released a statement that says Louisiana's law banning consensual oral and anal sex "would be unenforceable" except for provisions that ban the acts of sodomy with prostitutes and animals.

The Times-Picayune also reports on the reactions to the United States Supreme Court's decision to strike down the Texas laws.

EBR Council on Aging Rejects Settlement Offers

The EBR Council on Aging board met Thursday and rejected a settlement offer from its former executive director regarding the Rosewood Plantation, reports The Advocate.

In September 2000, the board fired its longtime executive director, Sharon LaFleur, after she was accused of mismanaging a $1.1 million charitable trust fund that is now depleted. Council on Agency officials claimed LaFleur used more than $1 million from the fund to acquire, renovate and operate Rosewood, which at one time was her personal residence.

FBI Disputes ABC News Report

The Advocate reports on a letter the FBI sent to ABC News regarding the Primetime story on the serial killer investigation. The letter indicates that the report was "outside the realm of fact" and addresses many of the comments and conclusions offered by the show. The 5-page letter is available here on the Task Force Web site.

NAACP Encourages Participation in Baton Rouge Schools

The Advocate reports that the president and lead attorney of the Baton Rouge chapter of the NAACP, Alvin Washington, encouraged an audience to look beyond legal solutions and to focus on getting involved in local education. The NAACP executive committee will meet to vote on the agreement at 6:00 p.m. Monday evening.

Task Force had DNA Information in January

The Times-Picayune reports that a California scientist claims to have told investigators in mid-January and again in early February that the serial killer's DNA showed a high probability that he was black. Charles Brenner says that he told the Lafayette Parish Sheriff's Office that "Caucasians would be the last people I'd look at." The Serial Killer Task Force announcement that urged the public not to focus on white men as suspects was made on March 21, 2003.

Lee Indicted on one Count of First-Degree Murder

The Advocate reports that Derrick Lee was indicted on one count of first-degree murder yesterday, in connection with the rape and killing of Charlotte Pace. 19th JDC DA Doug Moreau and First Assistant DA John Sinquefield indicated that they brought Pace's case first because it had evidence of "better quality and better quantity." The article also reports on a few motions filed on behalf of Lee, one of which requests more funds for his defense. Without this money, Mike Mitchell with the Office of the Public Defender, says that Lee's defense would be "inadequate and unconstitutional."

The Advocate Questions $60 Million Price Tag

The Advocate provides an editorial concerning the proposed 19th JDC courthouse. Specifically, it notes that the $60 million price tag is pure speculation and subject to change. Nonetheless, the opinion provides a few more details regarding the legislation and the proposed project: (1) that it hinges on a federal donation of the post office site on Florida Street; (2) that the fees would double if construction bids are let; and (3) that the fees would expire if construction bids are not let within two years.

21st JDC Judge Awards Plaintiffs $91.9 Million

The Advocate reports that 21st JDC Judge Wayne Chutz awarded plaintiffs in the 1983 Tangipahoa Parish flood $91.9 million in damages. The Louisiana DOTD, the defendant in the case, will appeal. The plaintiffs argued that DOTD restricted natural drainage in Tanhipahoa Parish when Interstate 12 was built.

Voters to Decide When Judges Retire

The Times-Picayune reports that voters will decide this fall whether judges may stay on the bench past their 70th birthday.

The proposed constitutional amendment came in House Bill 19 by Rep. Mickey Frith, D-Kaplan, which the Senate approved 27-9 Monday. It would let judges finish their term even after turning 70, currently the maximum age allowed.

Judge Upholds Verdict for Former LSU Track Coach

19th JDC Judge Kay Bates upheld a $773,000 award in Loren Seagrave's, a former LSU track coach, case against the University, reports The Advocate. Following the decision, LSU indicated that it will appeal to the First Circuit Court of Appeal.

In a somewhat related case, The Advocate also reports that a tenured Asian professor is suing Southern University claiming that he was demoted and replaced with a black colleague.

EBR Desegregation Plan Gets OK from DOJ

The Advocate reports that the US Department of Justice has given its approval to the EBR Parish School Board's "agreement in principle" that was reached last week. "The other parties that need to sign off on the agreement include the School Board, the local NAACP chapter and the original 1956 plaintiffs."

19th JDC Courthouse Bill Passes Legislature

The Advocate reports that the Legislature passed a revamped plan to finance a new $60 million courthouse for the 19th JDC. The original bill, which was defeated earlier in the session, was resurrected when it was amended to a bill designed to set up a judicial expense fund in East and West Feliciana Parishes.

EBR School Degregation Talks Successful

The Advocate reports that the parties involved in the 47-year-old East Baton Rouge Parish public school desegregation case agreed to a settlement regarding their remaining differences.

"What we are saying is we have reached an agreement in principle that will end the federal court supervision of the school system," Superintendent Clayton Wilcox said, as the parties emerged after nine hours of talks Wednesday.

Louisiana Enron?

The Business Report provides coverage of the pending trial between the United Companies bankruptcy receiver, William Hays, and the failed company's auditor, Deloitte and Touche.

Like the Enron scandal," Hays claims in court papers, "it (his lawsuit) alleges that one of the country's largest audit and accounting firms engaged in fraud, deceit and other misconduct while lining its pockets with millions of dollars in fees."

"The 'big boys' left Louisiana with their 'ill-gotten treasures' and went back to New York City, leaving the employees of United Companies and their families holding the empty bag," Hays claims.

Dispute Arises in Class Action

Class members in a lawsuit against Colonial Pipeline Co. are complaining that many class members fraudulently joined the suit, many after the $9 million settlement was reached, reports The Advocate. One plaintiff, Gwendolyn Atkins, said, "People who have suffered fear of contamination have to share the money with 'persons who were not remotely affected.'"

Charges Filed in St. Amant Hazing Incident

The Advocate reports that the 23rd JDC DA has filed bills of information against the St. Amant High School Football Coach and three former players who recently graduated. The charges arise from a hazing incident last fall.

Senate Panel Rejects Fund for New 19th JDC Courthouse

The Advocate reports that the Senate Revenue and Fiscal Affairs Committee rejected a proposal to finance up to $60 million for a new courthouse in the 19th JDC (Baton Rouge). The bill had full support in the house and another Senate Committee last week.

Sen. Bill Jones, D-Ruston said recent studies have concluded that court costs in Louisiana are out of control. Rising court costs are in danger of denying citizens access to the judicial system, he said.

Several Articles about Lee

The Town Talk reports that prison life is nothing new for Derrick Lee and also reports that money will be a big issue in his defense. The Advertiser reports that the victims' families want the death penalty for Lee.

Man Who Plotted to Kill State Judges Being Released

Middle District Judge James Brady has ordered the conditional release of Kelly Donald Gould, a Denham Springs man once accused of plotting to kill two state judges, reports The Advocate . The release was granted because if Gould remains in prison until his trial his pretrial detention could exceed the potential sentence he faces if convicted. "All together, Gould is looking at 42 months in prison on a gun possession charge, without benefit of a trial," Brady wrote. "If Gould pled guilty today, the court could sentence him to only 41 months. In these unusual circumstances, the court cannot allow pretrial detention to continue." The short sentence results from illegally-obtained evidence being excluded from trial.

Plaquemine Mayor and Court Settle Differences

Plaquemine Mayor Tony Culotta and City Court Judge William Dupont have resolved a funding dispute that led to a judgment in the 18th JDC ordering the City to pay all of the City Court's reasonable expenses requested in the budged, reports The Advocate.

Issues involved whether the city would pay court costs and attorney fees incurred by the court when filing the lawsuit, whether the city would be held in contempt for allegedly not following the judge's original ruling and whether the judge would grant a new trial

The resolution will result in the dismissal of a motion for contempt of court filed against the City.

State Loses Attempt to Deny Investigation of Juvenile Conditions

The Advocate reports that Middle District Judge James Brady has given approval to state juvenile court judges to proceed with hearings that will explore conditions at Louisiana's prisons for youthful offenders in Tallulah and Bridge City. The ruling denied a state attempt to block the hearings.

Basically, the juvenile court judges can decide whether individual juveniles are being mistreated at the prisons and can order the juveniles removed from the prisons. What the juvenile court judges cannot do is order the state to fix the prisons, Brady wrote.

Lee Prosecutors Named

The Advocate reports that East Baton Rouge Prosecutors John Sinquefield and Dana Cummings have been assigned the task of prosecuting accused serial killer Derrick Todd Lee. "John and Dana will end up handling the case at trial, that's kind of my guess right now," District Attorney Doug Moreau said. "I have said many times that I think John Sinquefield is one of the best capital case prosecutors in the country." The East Baton Rouge District Attorney's Office has the record to prove it, scoring an 83% capital punishment conviction rate since Moreau entered office, according to a WAFB broadcast last night.

Judge Holds Court to Order All Defendants to Return in August

The funding dispute between the Sorrento Town Council and Police Department made life a little more difficult for defendants attending a session of Ascension Parish Court on Wednesday, reports The Advocate. Because of a budget shortfall at the end of the fiscal year, the Sorrento Police Department's secretary was not present and unable to collect the money. Accordingly, Judge Marilyn Lambert ordered all defendants to return in August: "By then, the new fiscal year will have begun, and they will have the money to pay people to collect money."

Baton Rouge Man Sues for His DNA

The Times-Picayune reports that Shannon Kohler, the individual compelled to provide his DNA to the serial killer task force last fall, has filed suit for the return of his DNA sample.

Baton Rouge lawyer Dennis Whalen is representing Kohler in efforts to persuade a 19th Judicial District judge to order Kohler's DNA returned. "It's a routine motion to get back your property that's been taken in the search warrant," he said.

Southern's Chancellor Cites Diversity's Benefits

The Advocate updates a recent story that reported criticisms of increasing white population at Southern University Law Center.

Southern Law Center Chancellor Freddie Pitcher Jr. said the school's diversity -- 65 percent black, 33 percent white and 2 percent other races -- deserves credit, not criticism.

Southern does not use race as a factor when sorting through the 1,300 to 1,400 applications it receives each year to fill 150 freshman slots.

Lee Caught!

Again, news around the state focuses on the capture of Derrick Todd Lee. Findlaw has posted a copy of his arrest warrant.

Serial Killer Identified

The news this morning is obviously focussed on yesterday's break in the south Louisiana serial killer case. Here is the FBI's Most Wanted page for Derrick Todd Lee.

Study: Lawsuits Lead to Higher Insurance Premiums

The Advocate reports on the results of a state Insurance Department that indicates Louisiana drivers "pay higher premiums than drivers in Mississippi or Alabama, possibly due to being a little lawsuit-happy."

In order of highest to lowest, New Orleans, Baton Rouge, Lafayette and Shreveport lead a grouping of cities from Alabama, Arkansas, Mississippi and Texas in average premiums, he said.

Apparently, Louisiana drivers make injury claims at double the national average.

"Hypertechnical" Mistake Costly to Contractor

State District Judge Morvant ruled that the state properly refused to award a contract to Ratcliff Construction Co. even though it submitted the apparent low bid but failed to have one of its officials initial changes in the bid package reports The Advocate. Ratcliff's attorney says the decision to deny the bid is arbitrary because similar mistakes have been accepted in the past. Judge Morvant, however, said he was not going to base his decision on past actions of state officials. "Whether they have done it wrong 1,000 times doesn't make this one correct," Morvant said.

Remaining Edwards Charges Dismissed

The Advocate reports that United States Attorney Jim Letten requested District Judge Polozola to dismiss eight untried counts in the indictments against Edwin Edwards and his cohorts. "I can't say I had given a lot of thought to these charges until the clerk's office reminded us that they were out there, and we needed to clean up the record," Letten said Monday. "In the most technical way, the book was closed very firmly the day the U.S. Supreme Court declined to hear their appeals."

Plaquemine to Ask for New Ruling

Plaquemine Mayor Gullotta will ask 18th JDC Judge James Best to reconsider his April ruling ordering the city to pay nearly all of the City Court's budget requests, reports The Advocate. The $60,000 judgment was the result of a suit filed by City Court Judge William Dupont. The decision to return to Judge Best was made at an executive session on Tuesday, where the selectmen attempted to resolve their budget problems.

Gun Laws Not Enforced

The Advocate reports on a national gun safety study that finds most federal laws are not enforced in Louisiana. The study found that just two statutes, which each target street criminals in possession of weapons, account for the vast majority of federal gun prosecutions.

"We don't fault federal authorities for taking up the felony possession and drug trafficking cases," said Matt Bennett, director of public affairs for the Americans for Gun Safety Foundation, a Washington, D.C.-based private organization that advocates for gun ownership rights and stronger enforcement of firearms laws.
"But we don't want them to give up on the other 20 statutes designed to prevent criminals from getting those guns in the first place."

Not surprisingly, most firearms cases are handled in state court, so the numbers arguably fail to provide an adequate representation of the gun enforcement picture. The Times-Picayune reports that U.S. Attorney Jim Letten in New Orleans has adopted a "zero tolerance" policy for people who lie on criminal background checks to buy firearms in response to the study.

New U.S. Attorney's Office Liaison in Baton Rouge

The United States Attorney's office has appointed Steven Woodring, a retired Baton Rouge police lieutenant, to act as its liaison with state and local law-enforcement agencies