Posts Tagged ‘New Orleans Criminal Attorney’

Posted by admin on September 2nd, 2010

Suspect in beating death of Gretna cop turns himself in

Published: Wednesday, September 01, 2010, 6:40 PM     Updated: Wednesday, September 01, 2010, 6:43 PM
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A 20-year-old man wanted in the death of a Gretna police officer after a French Quarter brawl in June turned himself in to authorities Wednesday.

NOPDJoshua Louis Miner

Joshua Miner was booked with second-degree murder at the Orleans Parish Central Lockup just two days after police released his name and photo and announced he was a suspect in the death of Detective Brett Thomas on June 27. Miner’s attorney Robert Jenkins accompanied him to the jail.

Police have been looking for Miner for weeks after Thomas died from head injuries after a fight around 4 a.m. in the 400 block of Bourbon Street. Thomas and his friends got into an argument that escalated into a fistfight, according to authorities. Police have not released any information about the source of the argument.

On Monday, New Orleans police announced that using video footage and witness information they were able to identify Miner as the sole suspect in Thomas’ death. They believed that Miner had lived in Fort Worth and Houston, Texas, but had returned to New Orleans recently.

No bail had been set for Miner on Wednesday.

Jenkins said that Miner only recently learned that he was wanted by police, but once that occurred, he turned himself in immediately. Jenkins would not speak about the specifics of the case, but said his client is innocent of murder.

“He’s definitely innocent of second-degree murder, or any other murder charges,” said Jenkins, adding that he met Miner shortly before his arrest.

Thomas was a seven-year veteran of the Gretna Police Department who had been made a detective about four months before his death. Department officials described Thomas as a rising star.

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Posted by admin on September 2nd, 2010

Hurricane Katrina tested former NOPD lieutenant’s mettle

Published: Thursday, September 02, 2010, 9:47 AM     Updated: Thursday, September 02, 2010, 9:47 AM
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The day Hurricane Katrina plowed into New Orleans five years ago, Russell Vappie’s mind was not on his work as a police officer.

Joe Songer / Special to The Times-PicayuneDays after losing his mother, Russell Vappie, a Public Integrity bureau lieutenant for the New Orleans Police Department, inherited command over dozens of officers during Hurricane Katrina and orchestrates the evacuation of 750 men, women and children from the floodwater-swamped Pendleton Memorial Methodist Hospital in eastern New Orleans. Russell and his wife, Jean, at home at their apartment in Homewood, where they have lived since Katrina. They have a fleur-de-lis on their front door.

Only 11 days before, the lieutenant had buried his mother, Doris, a seamstress, who died of heart failure. He had been on leave, grieving, until his superiors ordered him to report to Pendleton Memorial Methodist Hospital in eastern New Orleans.

His grief, however, had to be put aside. Of the more than 30 NOPD officers and Louisiana National Guard soldiers stationed at the hospital, Vappie was the highest-ranking law enforcement official.

The hospital’s conditions went to hell after the storm’s landfall and the subsequent failure of the city’s levees. Heavy wind tore up parts of the building. Up to 10 feet of water surrounded the hospital; about 4 feet swamped the first floor. Temperatures soared into triple digits after the seven-floor building lost electricity, except for an intensive care unit powered by a backup generator.

Vappie arrived armed with little more than his uniform, gun belt and a change of clothes. His first assessment of the situation, after realizing its severity, was grim. At least two elderly patients perished. Trapped were about 750 people — doctors, nurses, administrators, patients and their loved ones — with no clear escape available. Telephone communications died. Officers panicked. They used their police radios to ask first responders to check on their homes and relatives. Some wanted to desert their posts and check for themselves. Some simply did.

Resolving such a situation “wasn’t taught in the academy,” said Vappie, then a 31-year veteran assigned to the department’s Public Integrity Bureau. “I wasn’t sure I could handle it.”

…….

Vappie turned to his PIB colleagues for support. He asked NOPD Officer Johnny Young, also a member of the Army Reserve, to relay requests to the National Guard.

Joe Songer / Special to The Times-PicayuneRussell points with pride to photos of his wife Jean and daughter Beverly, who now attends a high school in Homewood, Ala. The family has lived there since after Hurricane Katrina.

He tasked Sgt. Claude Flot with helping a 7th District sergeant check on officers stationed on different floors. Officer Darryl Ribet, who was battling prostate cancer, patrolled Methodist’s tucked-away areas. Members of the National Guard boarded a skiff and stopped anyone who was not hurt from approaching by boat. They couldn’t take anyone who didn’t have to be there; the hospital’s supply of sandwiches and water would last just three days.

Moments grew tense. Flot and Young at one point confronted and ran off a group of suspected looters. Officers and soldiers spent an entire day helping hospital staff squeeze critically ill patients’ bag valve masks in darkness after their ventilators stopped working.

“It was like we were stranded on an island,” Ribet said. “But no one panicked. We took it one day at a time.”

Two days after the levees failed, Vappie at last contacted his superiors on his police radio. Their evacuation plan was to fly everybody out by helicopter. First, they planned to pluck small groups of patients off the rooftop with baskets. Then they planned on landing the choppers directly on Methodist’s roof.

“Have you ever landed helicopters on the roof?” Vappie asked the hospital manager, a man named Bill Fox. “No,” Fox replied, his voice somber.

Vappie agreed to the plan anyway. He commanded hospital staff, officers and soldiers to help each other carry all of the patients up several flights of stairs. Newborns, pregnant women and some overweight patients were helped to the hospital roof, where a series of choppers flew them to safety.

Hospital staffers boarded the choppers next, and five days after Katrina’s landfall, Vappie and his remaining colleagues took off on skiffs to other parts of their flooded city.

“Lt. Vappie and his guys did a great job getting everybody out,” Fox said. “I believe we would have lost the patients that we lost despite the storm.”

…….

Once the waters receded, life did not afford Vappie much time to feel proud of his team’s performance at Methodist.

The flood wrecked the Gentilly home he shared with his wife, Jean, and young daughter, Beverly. It destroyed the Benjamin’s School of Dance and Gymnastics, which his wife had run for almost three decades. Then, in March 2006, doctors diagnosed Jean Vappie with breast cancer. Her husband retired from the force and joined her and their daughter in Homewood, Ala. — about 4 miles outside of Birmingham — where they had decided to ride out Katrina.

Twenty-six weeks of commuting by plane to Houston for chemotherapy treatment followed. Friends helped pay for the airfare until doctors declared Jean’s cancer to be in remission.

Russell Vappie, whose twin brother, Jeffrey, still serves as an NOPD officer, then focused his efforts on rebuilding his home in Gentilly. He spent weekdays in New Orleans dealing with roof, plumbing and electricity contractors. On the weekends he drove back to Homewood to visit Jean and Beverly, who enrolled at a high school there.

Emboldened by the home’s progress, Vappie took on another project he had worked on piecemeal the nine years before Katrina: completing his college degree in criminal justice at Loyola University. He wrote papers, studied for exams and devoured reading assignments for his night classes, held at the Uptown campus up to three times a week.

Vappie, now 60, used his down time studying in Loyola’s library. He slept at the home of a childhood friend on the West Bank and, on the weekends, drove for 5 ½ hours to Homewood, where the family now lives.

By December 2008, the retired cop had nursed his family’s home back to order. He had finished his coursework, walked across the graduation stage at the Louisiana Superdome and received his diploma five months later.

“I was determined,” Vappie explained recently. “I wasn’t going to let Katrina dissuade me from doing what I needed to do.”

His daughter turns 16 in September. She graduates high school in two years, and afterward, her parents hope to move back to New Orleans, the last phase of their Katrina recovery journey.

“Russell is the family rock, steadfast and unmovable,” Jean Vappie, 58, said. “He was there for everybody, for everything.”

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Posted by admin on August 30th, 2010

Justice system creeps toward improvement after Hurricane Katrina

Published: Friday, August 27, 2010, 7:00 AM
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After his arrest following a fight in October 2005, Pedro Parra-Sanchez fell victim to the dysfunction of the post-Hurricane Katrina criminal justice system. He was trapped in three different Louisiana prisons for 13 months and never once brought to court after a brief initial appearance.

View full sizeTimes-Picayune archiveThroughout much of 2006, Orleans Parish criminal judges were still trying to get their building back open after Hurricane Katrina.

His predicament was extreme, with Parra-Sanchez’s prolonged pre-trial detention probably exacerbated by the fact that he didn’t speak English well. Yet the case was hardly an anomaly after Katrina, when hundreds of inmates booked with often minor charges before and after the storm spent weeks, months and, in a few cases, more than a year locked up waiting for somebody to pay attention to their plight.

The problem became known as “Katrina time” in defense-lawyer circles, a term used to describe the scores of people sitting in jail for months after the storm, in some cases for offenses like marijuana possession or unpaid fines. For many defendants, like Parra-Sanchez, saviors did not come from any official agency but were volunteer lawyers trying to force some action in a system that had ground to a halt.

Probably no modern criminal justice system has faced the kind of test imposed by the devastating flood after Katrina, which swamped the jail, criminal court, vital police buildings, the district attorney’s office and more. But the storm also exposed the deep-rooted problems in each of those agencies, along with their seeming inability to cooperate and coordinate with one another.

Defendants trapped in jail were one potent example of that dysfunction. “The storm pulled back the curtain, is all it did. The system was never operating in a way that you would expect it to operate in a modern American city,” said Derwyn Bunton, head of the Orleans Parish public defender office.

Outcomes unimpressive

The New Orleans criminal justice system has always been expensive, crowded and busy: lots of arrests, lots of people jailed, lots of cases to be heard in court. But despite all the activity, the outcomes were never impressive. In one telling example, a paltry 5 percent of the convictions at Criminal District Court were for violent crimes in the years before Katrina, despite murder and violent-crime rates that were high and climbing.

Over the months, and in many cases years, it took to rebuild the various components of the system, little was done to change the fundamental makeup of the agencies or how they operate — in stark contrast to, for instance, the massive re-engineering of the school system. While there were exceptions, notably the dramatic remaking of the Orleans Parish public defender office, the emphasis in the initial years after the storm was simply on getting agencies up and running.

The lack of widespread innovation is understandable. The first priority was just getting to a basic level of functioning. “There were so many things going on, it was difficult to get clearly focused,” remembered former Criminal District Court Judge Calvin Johnson, who added that throughout much of 2006, criminal judges were still trying to get their building back open.

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But even back then, Johnson noted, criminal-justice leaders were starting to talk about how to make significant overhauls.

“It may have been premature in a sense to talk about that,” Johnson said. “We are at a point now where we can clearly have a discussion about how to redesign the system so it makes sense.”

Certainly there have been some improvements after the storm, particularly in the past couple of years. Several longtime observers expressed hope that now might be the time that criminal justice leaders — some of them new to the job, such as NOPD Superintendent Ronal Serpas — finally deal with larger structural problems: corruption, high arrest rates for minor crimes, low convictions for serious ones, an expensive and problem-plagued jail.

One factor undoubtedly will be the U.S. Department of Justice, which is conducting a large-scale review of New Orleans police practices, as well as negotiating with Sheriff Marlin Gusman over conditions at the jail.

Some observers believe that significant progress has already been made. “I think we took a quantum jump in 2009,” said Rafael Goyeneche, president of the Metropolitan Crime Commission. “The police, DA, and judges are all working together, pulling in the same direction. That has not always been the case in Orleans Parish.”

Citizens more involved

The return of crime in 2006 put pressure on agencies that were operating out of borrowed space, often with insufficient equipment. The first few months after the storm, with almost the entire population in exile, New Orleans had the crime rate of a small town. But as people returned, so did violence. Although the homicide and violent-crime rates have dropped slightly in recent years after peaking in 2007, they still remain sky-high, with New Orleans remaining the most murderous city in the country.

On the positive side, the rising crime fueled impassioned civic engagement, which built to a crescendo in January 2007 with a march on City Hall that called out city leaders for their lackluster response to the pervasive street violence. Since then, the main group that organized the march, Silence is Violence, has continued to organize programs and “peace walks” throughout the city.

Community-driven initiatives pushed some innovations, such as a day-reporting center for people on probation or parole that offered services to help keep them from re-offending, said Nadiene Van Dyke of the New Orleans Police and Justice Foundation. Another success was a learning center where court-referred defendants could learn to read or study for the GED. Such efforts are a blueprint for the future, she said.

Police monitor is hired

At the urging of community organizations, the City Council in 2008 approved an idea promoted by activists for years: an independent police monitor agency that will review NOPD internal affairs investigations. But selection of the monitor was stuck in a political quagmire for more than a year. This spring, the city finally announced the appointment of Susan Hutson, an attorney with experience in civilian oversight of police, as the monitor.

In the initial years after Katrina, perhaps the biggest structural change to the criminal justice system came at the public defenders office. New leadership in late 2006 pushed a massive overhaul: requiring attorneys to work full-time, representing defendants from just after arrest and beefing up investigation to offer clients a more rigorous defense. Changes in the Orleans Parish office preceded a larger reform at the state level, where rigorous oversight now requires local public defenders to meet state standards.

Orleans Parish District Attorney Leon Cannizzaro, who took office in fall 2008, credits the Vera Institute of Justice, a nonprofit that began working in New Orleans after the storm, with some changes implemented at criminal court. Examples include a restructuring of how cases are allotted to judges, which has allowed the DA’s office and public defenders to streamline their operations. Vera experts also helped create an expedited screening process, in which a portion of arrests made by police were more rapidly reviewed by prosecutors. The process required greater cooperation between agencies.

Such cooperation can be seen in some of the recent successes at Criminal District Court, where prosecutors have significantly improved felony conviction rates in recent years, Goyeneche said.

“That cannot be done without police and prosecutors working together,” he said.
So many arrests

Not much change, however, has been seen in another key indicator watched by the Crime Commission in recent years: the huge number of arrests made each year by New Orleans police officers. A huge portion of these arrests, which far outstrip national norms, are for relatively minor offenses, such as municipal violations. In 2009, despite the prevalence of violent crime in New Orleans, only 13 percent of the almost 60,000 arrests made by police were for felonies.

But Goyeneche said he is optimistic that police will re-evaluate their arrest policies, if only because arresting, jailing and adjudicating minor offenders is too large an expense in a city with dwindling resources.

One key to really reworking the justice system could be creating an agency that evaluates how all of the independent offices are working, said Luceia LeDoux, director of public safety oversight at Baptist Community Ministries.

Criminal justice experts could identify system inequities, such as the imbalance of having too few public defenders in a system with many more prosecutors. And city leaders, such as the council or mayor, could tie agencies’ funding to participation in this kind of evaluation, LeDoux said.

Former judge Johnson said reforming New Orleans’ expensive and sprawling criminal justice system won’t be easy, as each component in the system is wedded to its own way of doing things. “People are ingrained in what is, and change is always difficult,” he said. “That doesn’t mean they won’t hold discussions and, by prodding and pulling, move to a place where we see some real change happening.”

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Posted by admin on August 30th, 2010

Former airport director Sean Hunter, wife charged with conspiracy over hidden BMW

Published: Friday, August 27, 2010, 11:45 AM     Updated: Saturday, August 28, 2010, 11:35 PM
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Former Louis Armstrong Inernational Airport Director Sean Hunter and his wife, Shauna, have been charged by federal investigators with conspiring to defraud their car insurance company with a scheme to hide their BMW after Hurricane Katrina.

Sean Hunter in 2007

Sean Hunter, 44, resigned last September when word of the federal investigation got out. He was not married to Shauna when she claimed her black BMW 525i was swept away in Katrina, but U.S. Attorney Jim Letten said Sean actively participated in a years-long scheme to keep using the car and hide it from authorities.

Sean Hunter declined comment in a text message Friday. The couple’s attorney, Buddy Lemann, declined to offer a defense, instead riffing off the U.S. attorney’s typical response to questions about pending investigations: “Like Brother Letten, I can’t confirm or deny anything about the case,” Lemann said.

The couple was charged in a bill of information rather than a grand jury indictment, usually an indication that a plea deal is imminent.

The case deals with a relatively small amount of money, but Letten said it allegedly involves Sean Hunter abusing his public office in the interest of a cover-up.

When Sean Hunter resigned last year, his wife called The Times-Picayune and professed their innocence. She also claimed that her husband had left the airport not because of the federal probe, but because he was running for mayor. Sean Hunter did not run for mayor.

Shauna Hunter, 31, told the newspaper that she never got “a cent” from the insurance company while admitting that she never renewed the insurance after the storm. She said she later found out that the insurance company had paid BMW Financial Services, from whom she was leasing the car, a check for about $35,000.

But federal prosecutors said AAA actually paid out two checks totaling $55,000, one to BMW Financial Services and another, for $3,442.61, directly to Shauna Hunter, then Shauna Crowden. Shauna Hunter had purchased insurance for the vehicle just a few weeks before Katrina and reported to AAA as missing shortly after the storm. The couple kept using the car.

Sean and Shauna were married in June 2006 in the Virgin Islands, just as he was ascending to be interim director at the airport.

The alleged scam fell apart, Letten said, when two red-light cameras caught the car in use in New Orleans in October 2008.

Letten claimed the couple began an intricate cover-up after the red-light tickets were issued. Because AAA technically owned the vehicle after Shauna Hunter filed her claim, the company also received notice of the violation. The car had the same license plate as it had when it was originally registered.

Just two days after the second red-light camera violation, the couple parked the car at the airport’s short-term lot and left it there for approximately six months, the government’s bill of information alleges.

Prosecutors said the couple purchased another luxury vehicle and fabricated an address in Kenner to conceal the vehicle from AAA and law enforcement.

During that time, New Orleans Police Department Detective Jason Gagliano, acting on tips about stolen and abandoned cars in the airport parking garages and lots, found the Hunters’ car.

At least two times during his tenure as a public official, Sean Hunter, 44, directed employees to do things that would help him hide the BMW, including to issue a brake tag for the car and to not allow it to be towed during a sweep of the lot, prosecutors allege.

Letten said Shauna Hunter lied several times to AAA investigators. And Sean Hunter is charged with trying to influence an unnamed witness in October 2009 and with lying to FBI agents in January 2010.

The bill of information charges that Hunter told a special agent that he’d requested the brake tag for the Land Rover and not for the hidden BMW.

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Posted by admin on August 30th, 2010

McDonogh 42 teacher accused of punching, choking student had previous drug conviction

Published: Friday, August 27, 2010, 1:13 PM     Updated: Friday, August 27, 2010, 1:32 PM
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A veteran New Orleans teacher accused of choking and punching a McDonogh 42 Elementary Charter School sixth-grader told a Criminal District Court magistrate on Friday that he had no similar incidents in his past.

Walter S. Owens, 57

Walter S. Owens, 57, who has taught for more than three decades despite a previous drug possession conviction in the city, then heard Judge Gerard Hansen set his bond at $10,000. He appeared ready to post it after his brief first-appearance hearing concluded.

“This incident is the only blemish on Mr. Owens’ record, in terms of his school career,” said Bruce Ashley, the teacher’s defense lawyer, afterward. He declined to discuss his client’s case further.

New Orleans police booked Owens with cruelty to a juvenile after he allegedly attacked 12-year-old Quinton Matthews in the McDonogh 42 building midday Thursday. Court documents released Friday allege that the 6-foot-5, 195-pound teacher squeezed Quinton’s neck during an argument and struck him in the face with a closed fist, bruising the youth’s left eye.

The school called 911 about 12:01 p.m. Police showed up and discussed the incident with McDonogh 42 principal Marion Johnson, who led the school’s on-scene investigation. Officers took Owens into custody and brought him to jail. School officials immediately suspended him.

Meanwhile, Emergency Medical Services paramedics examined Quinton at the school, court records stated, and the boy told The Times-Picayune that his mother drove him to a hospital. He did not go to classes on Friday, according to his mother, Norelle Matthews.

Quinton alleged during an interview Thursday that Owens, his English and science instructor, hit him at the end of a practice fire drill, after realizing that a back building door was left open.

Owens spent some of 36 years as a teacher in his home state of New Jersey before moving to New Orleans, where he has worked in schools for almost 20 years, Ashley said.

Owens’ career survived a possession of heroin arrest in October 1990. Court records show he pleaded guilty as charged four months later, received five years of probation and enrolled for treatment at Bridge House, a long-term drug and alcoholism rehabilitation facility in New Orleans.

Owens, who lives in the 4500 block of Crowder Boulevard, proceeded to find jobs at several schools in the city, Ashley said. About two years ago, he landed one at McDonogh 42, whose charter was issued by the Recovery School District.

The RSD requires teachers to disclose their criminal record and get fingerprinted as part of a background check before qualifying for employment.

Lawyer Tracie Washington, vice-president of the Treme Charter School Association, which manages McDonogh 42, said on Friday that until an internal investigation and hearing are concluded, her organization will not discuss Owens’ employement application process.

“I don’t want to in any way taint the legal process.” Washington said.

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Posted by admin on August 30th, 2010

Pearl River man convicted of rape and molestation of juveniles

Published: Friday, August 27, 2010, 4:01 PM     Updated: Friday, August 27, 2010, 4:01 PM
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A 48-year-old Pearl River man, who already pleaded guilty to 300 counts of possessing juvenile pornography, has been convicted of repeatedly raping a 11-year-old boy and molesting and attempting to rape a 14-year-old girl.

Robert Friday

A 12-member St. Tammany Parish jury on Thursday evening took about two hours to find Robert A. Friday guilty of aggravated rape, attempted forcible rape and three counts of molestation of a juvenile. The aggravated rape conviction carries a mandatory sentence of life imprisonment.

Friday, 818 Pine Alley, was booked Jan. 17, 2008, with aggravated rape of the boy, and at that time, Slidell police and St. Tammany Parish sheriff’s deputies seized his computer, on which investigators later found hundreds of sexually explicit images involving juveniles.

Friday raped the boy between about Jan. 1, 2002 and Nov. 25, 2004, authorities said. Police learned of the incidents on Dec. 10, 2007, from a social worker who had worked with the child, according to Slidell police.

After the aggravated rape charge against Friday was made public by the news media, a woman came forward about Friday’s previous conduct towards her.

By then 26 years old, the woman told authorities that Friday had repeatedly sexually abused her during the summer of 1996, when she was 14. Ronnie Gracianette, chief of trials for the parish district attorney’s office, said the woman helped cement the case against Friday by making the boy’s testimony more credible.

On March 17, Friday pleaded guilty to 300 counts of possessing juvenile pornography. Gracianette said the two victims did not appear to be depicted in the computer images.

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Posted by admin on August 30th, 2010

Slidell teens tried to lure children from bus stops, authorities say

Published: Friday, August 27, 2010, 6:18 PM     Updated: Friday, August 27, 2010, 6:19 PM
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Two Slidell teenagers will face attempted kidnapping charges after trying to lure children from their school bus stops into a van, authorities said.

Wylie Van Scooter

The St. Tammany Sheriff’s Office, in conjunction with Slidell police, are accusing Wylie Van Scooter, 17, and a 16-year-old of trying to convince children to enter a van several times last week. Van Scooter was arrested and the juvenile given a misdemeanor summons after authorities received a flood of complaints from parents, the Sheriff’s Office reported late Friday afternoon.

Van Scooter was booked into the St. Tammany Parish Jail on one count of disturbing the peace, while the juvenile was released to the custody of his parents after being issued a summons to appear in court, according to the Sheriff’s Office. As of Friday afternoon, Van Scooter was still in jail, authorities said.

The Sheriff’s Office said in a news release that arrest warrants were prepared Friday afternoon for both suspects on two counts of attempted kidnapping, and that the warrants were expected to be executed late Friday.

The investigation began Thursday morning after a sheriff’s investigator noticed postings about the incidents on Facebook. Later that day, investigators received a formal complaint from several parents, according to the release issued by Sheriff’s Office spokesman Capt. George Bonnett.

Van Scooter was one of six teenagers arrested in May for allegedly robbing a Shell gas station at 750 Brown’s Switch Road to get money for drugs, Slidell Police spokesman Capt. Kevin Foltz said at the time. Van Scooter is accused of waiting in the car as others robbed the station’s store with a BB gun and a knife.

At the time of the most recent events, Van Scooter was out of the parish jail on the armed robbery charge, on a $50,000 cash, property or surety bond, and a $50,000 signature bond, according to court records.

The news release did not give the ages of the children who were allegedly being lured, the motivations behind the alleged crimes and did not say when and where the incidents occurred in the Slidell area. Bonnett could not be reached Friday afternoon.

At no time did any of the targeted children ever enter the van with the two teenagers, the Sheriff’s Office stated.

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Posted by admin on August 30th, 2010

Vince Marinello claims he was cheated and wants a new trial in his wife’s murder

Published: Sunday, August 29, 2010, 6:00 AM
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Pinning his hopes for a new trial on a panel of three appeals court judges in Lake Charles, Vince Marinello, the former New Orleans newsman serving a life sentence for killing his estranged wife in Old Metairie, claims prosecutors cheated to win a conviction because evidence was sorely lacking.

Times-Picayune archiveVince Marinello turned 73 this month at the Louisiana State Penitentiary at Angola.

“The case against Mr. Marinello was circumstantial, at best,” Marinello wrote in one of two appeal briefs. “The prosecutor’s improper, blatant and repeated attempts to prejudice Mr. Marinello in the eyes of the jury are proof positive that the prosecutor was desperate.

“The prosecutor knew his chances of obtaining a conviction were slim,” he wrote. “In an overzealous attempt to gain a conviction at any cost the prosecutor used every proper and improper method to gain a victory.”

Marinello, who turned 73 this month at the Louisiana State Penitentiary at Angola, is appealing his December 2008 conviction of second-degree murder in the Sept. 1, 2006, death of Liz Marinello, 45, who was shot twice in the face the day before as she left a Metairie Road office building.

On Tuesday, Marinello’s attorney Annette Roach of the state-funded Louisiana Appellate Project and Jefferson Parish Assistant District Attorney Juliet Clark will square off before 3rd Circuit Court of Appeal Judges John Saunders, Marc Amy and Elizabeth Pickett. The 3rd Circuit has the appeal because the case was tried in Lafayette after 24th Judicial District Judge Conn Regan ruled that extensive media coverage made it impossible to select a fair and impartial jury in Jefferson Parish.

Search warrant challenged

Marinello, who seeks a new trial and his immediate release from prison, is not expected to attend the hearing. But in two briefs he filed since June to supplement those filed by Roach, he rebuts allegations made during the trial that he killed his wife to silence her claims that he was a bigamist.

Most issues raised in the appeal allege Regan erred in rejecting pretrial arguments by Marinello’s trial defense team. Among them was Regan’s refusal to remove the Jefferson Parish district attorney’s office from the case because of its involvement with the radio show host before the homicide, when he accused his wife of domestic abuse that eventually landed her in jail.

The appeal also alleges Regan erred in rejecting the defense attorneys’ contention that a detective improperly sought a specific judge to sign search warrants, allowing officers to scour the FEMA trailer in Lakeview he occupied as his marriage was coming to an end. It was through one of those warrants that a detective found the 14-point murder checklist that prosecutors said Marinello wrote in planning his wife’s murder. As he did in his trial, Marinello says in the appeal he wrote the list after the homicide, knowing he was a suspect and planning to address the issue with his friend, then-Sheriff Harry Lee.

Clark, of the district attorney’s office, said Marinello’s testimony confirmed “key pieces of prosecution evidence,” including that he wrote the checklist. “Otherwise, his testimony was self-serving, riddled with convenient recollections (and) memory lapses and riddled with contradictions and logical inconsistencies,” Clark wrote.

Roach wrote that Marinello was unfairly prejudiced by bigamy allegations — his divorce to his second wife had not become final until days after he married Liz Marinello — or that he committed fraud in applying for FEMA aid and an employee assistance fund after Hurricane Katrina to rebuild a home he no longer owned. In raising the allegations, prosecutors merely attempted to paint Marinello as a man “of bad character,” and none of it proved Marinello killed his wife, Roach wrote.

Clark responded that if the appeals court judges find that some of evidence was improper, the error would be harmless in light of the “overwhelming evidence” of Marinello’s guilt.

Whose bulging eyes?

Marinello claims that a prosecutor “lost sight of his duty to see justice rather than convictions,” and that the prosecutor engaged in “a vicious attack” in questioning him about the mafia. The prosecutors provided no evidence that Marinello had mob ties, he wrote.

“Yet, the prosecutor attempted to compare Mr. Marinello to reputed ‘Mafia’ boss John Gotti,” Marinello wrote. “Why? Because the state’s circumstantial case was weak and the prosecutor knew that if he didn’t pull out all stops, Mr. Marinello would be acquitted.”

Marinello also takes issue with witnesses who testified against him, including David Selmo, a handyman hired to repair his ex-wife’s Lakeview home who was out for his “15 minutes of fame” when he testified about a conversation they had in which Marinello asked about weapons and murder.

Marinello also attacked testimony from Lauren White, who testified that she saw him riding a bike on Metairie Road during the days leading up to and on the day of the homicide. She testified she realized it was Marinello after seeing his photographs in news reports of his arrest — she recognized his “bulging eyes,” she testified.

In his appeal, Marinello denies he has bulging eyes.

“Maybe Ms. White doesn’t know the difference but Marty Feldman has bulging eyes, not Mr. Marinello,” he wrote of the late English actor.

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Posted by admin on August 30th, 2010

Body of young woman shot behind the ear lays on street for days after Katrina

Published: Sunday, August 29, 2010, 8:00 AM     Updated: Sunday, August 29, 2010, 3:35 PM
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Five years ago, Marie Latino was shot in the head as Hurricane Katrina barrelled into New Orleans.

‘She was beautiful,’ Pauline Latino says of her sister Marie, above, remembering her sister’s hopes of somebody becoming a model. The sisters had been talking about leaving New Orleans, hoping to find a better life.

But the investigation that would normally follow such an event never happened. The circumstances of her death aren’t clear, and whoever killed her never had to answer a question from a detective. Though her death was initially attributed to the storm, it would be more accurate to say that the storm somehow erased her killing. It was as though it never happened.

Latino’s body was discovered on the morning of Aug. 29 on a sidewalk on Danneel Street, a few blocks from her home in Central City. Sometime that morning, a neighbor came to alert her sisters and mother.

The police came too, noting that Latino was near a fallen street light pole, blown down by the storm’s winds. Sixth District Detective  Timothy Bruneau checked for vital signs — there were none — and found a large bump behind her right ear, but no other wounds. Later, other officers labeled the case a “29U,” a police code that means an unclassified death, on the theory that Latino’s injuries came from “flying debris” during the storm.

An autopsy wasn’t conducted for more than a month; it was not finalized until the spring of 2006. The pathologist found that Latino died from a gunshot wound, by a bullet that entered her head behind her right ear. But Orleans Parish Coroner Frank Minyard never classified the death, and so New Orleans police never knew it was a likely homicide.

Latino was also never added to the tally of 211 murders committed in New Orleans in 2005.

For Marie’s mother, Helen Latino, the unresolved, unexplored nature of her daughter’s death is an almost daily presence. “It still has been bothering me,” said Helen Latino from her new home in Bossier City. “I think about it just about every day, going on five years.”

Hoping to find a better life

The Latino family lived on Baronne Street. They ended up staying in New Orleans as Katrina approached, having only about $100 among them, recalled Pauline Latino, one of Marie’s two older sisters.

Marie Latino, 20, was just starting out in life. Her son, Marquise, was not quite 2. Marie worked off-and-on as a waitress, her mother said.

“She was beautiful,” Pauline said, remembering her sister’s hopes of somebody becoming a model. The two sisters had been talking about leaving New Orleans, hoping to find a better life. Marie was different, — more social than Pauline; she liked to go out.

That weekend, Marie had left her son with Pauline on Friday and Saturday nights. But she came by on Sunday morning, telling Pauline that they should leave. But Pauline thought they didn’t have enough money, and she didn’t want to head down to the Superdome with everybody else. At times, the decision to stay haunts her.

Before Marie left again, she promised to come back. The rest of the family, Helen, Pauline, the oldest sister, Elizabeth, and their children, gathered at Pauline’s house. The family began to worry. “My older sister kept saying, ‘Where is Marie at?’” Pauline remembered.

Later, they found out from a neighbor that Marie had come by her house Sunday night, just around the block from where she was shot. Marie asked for $5 for cigarettes, but promised the woman she would come back to hunker down for the storm, Pauline said.

The next morning, some women came by and said they had seen a body that looked like Marie. Despite the rain and wind, the family went out to look. No police were there, Pauline said. Pauline and Elizabeth went to the 6th District police station for help, but it was a couple of hours before anybody arrived, she said.

That day, Pauline Latino said she believed her sister had been shot, noting the dried blood in her ears. But a police officer at the scene told Helen he thought she was hit by the downed pole.

In a police report, officers said they canvassed the neighborhood for witnesses, but couldn’t find any.

The coroner never came out to retrieve the body, a fact the NOPD dispatcher that day attributed to the storm. Eventually, one of the police officers at the scene took it upon himself to get Marie’s body to a safer location, wrapping her body in a waterbed mattress he found on the street and putting it into his unmarked vehicle.

The corpse’s journey

The subsequent journey of Marie Latino’s corpse took with that officer, Bruneau, has gotten more attention than the circumstances of her death. It was featured in an article in The New Yorker magazine and, later, in the book “Nine Lives,” both by Dan Baum.

In the article, Bruneau described trying to take Latino’s body to Charity Hospital, but as he arrived, the hospital staff was preparing to evacuate. In an e-mail message, Bruneau told The Times-Picayune that he couldn’t reach University Hospital because of floodwater. At his next stop, Tulane Hospital, medical personnel refused to take the body.

Bruneau kept Marie Latino’s body with him for hours, according to the article, until an NOPD dispatcher advised that he was being ordered to “undo what you did.” He drove back to Central City, and, with remorse, left her body in the 1900 block of Jackson Avenue.

The detective left the police force after the storm, never learning that a pathologist concluded Marie had been shot. Baum said he never sought the autopsy for his book.

‘She was somebody to us’

Marie Latino’s body stayed on Jackson Avenue for several days, even as floodwater encroached. Knowing her body was there, in the elements, was painful, Pauline Latino said. “They just left her like she was nobody, but she was somebody to us,” she said.

On Aug. 31, a helicopter came and picked up the body, Pauline recalled. The family then decided to leave, ending up first in Jacksonville, Fla., before moving on to Houston. They eventually returned to New Orleans, but Helen and Elizabeth Latino, along with Marie’s son, decided to stay in Bossier City after evacuating for Hurricane Gustav.

Marie Latino’s body was identified through DNA, her sister said. The gunshot wound that killed her entered behind her right ear, said Dr. James Traylor, the pathologist.

“It is going to either be suicide or homicide,” Traylor said. The entry point of the wound makes suicide very unlikely, he said. However, Minyard never classified the death, which remains “undetermined,” according to chief investigator John Gagliano.

After coming back to the city, Pauline Latino called a 6th District detective, Armando Asaro, asking him to investigate her sister’s death. She says she never heard back and let it go, concentrating instead on raising her three children and making a new place for herself in New Orleans.

But Pauline Latino cries when she talks about how her sister was declared just a Katrina victim, saying emphatically that she was murdered.

It’s unclear whether more will be done to solve what would now be a very difficult case. After being given the autopsy report by a reporter, NOPD spokesman Bob Young said the homicide division would look into Marie Latino’s death and open a case if it is deemed a murder or homicide. However, he noted, that determination is ultimately up to the coroner.

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Posted by admin on August 30th, 2010

Contested arrest made during ‘Steven Seagal: Lawman’ filming ends in guilty plea

Published: Sunday, August 29, 2010, 7:41 PM
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A Marrero man who challenged his cocaine possession arrest during filming of the A&E network series “Steven Seagal: Lawman” last year by attempting to get raw video footage of the encounter and even calling the actor to testify pleaded guilty Friday in Gretna.

View full sizeA&E photoActor Steven Seagal was subpoenaed in the case; he flew in from California in June to testify.

Jimmy Sarrio, 30, admitted he had a small amount of cocaine in exchange for receiving a sentence of two years of probation. Sarrio waged a pretrial battle to have the cocaine evidence tossed out on grounds that Seagal, a reserve deputy chief, and fellow Jefferson Parish Sheriff’s Office deputies lacked legal grounds to question him on July 26, 2009, while he was parked on a friend’s lawn on the West Bank Expressway at Allo Street.

His attorney Joe Marino III twice asked District Judge Patrick McCabe to order the Seagal series producers to turn over raw video taken of the arrest by the film crew that rode along with Seagal and deputies. But attorneys for ITV Studios of New York opposed it, characterizing the show as news and saying the producers are covered by a reporter shield law designed to prevent news media from becoming an extension of the government. McCabe, of the 24th Judicial District Court, twice ruled in favor of ITV Studios, and an appeals court upheld one of the decisions.

“We’re still disappointed we were not able to actually obtain the tape, because it may have led to the evidence being suppressed,” Marino said. “We are satisfied with the plea under the expungement provision.” That means the conviction can be expunged.

Unable to get the video, Marino subpoenaed Seagal, who flew in from California in June to testify — his only court appearance in Jefferson Parish in connection with the show.

Seagal testified that he and fellow deputies spotted Sarrio’s vehicle and “felt he may be in trouble or may need some help.” A deputy spotted the cocaine inside the vehicle as Sarrio voluntarily got out to speak with the officers, according to testimony.

Sarrio claims he was minding his business and speaking with a friend when Seagal and the deputies ran up to him. “According to him, he was ordered out of the vehicle,” Marino said.
“There was no probable cause for them to do that. The videotape would have cleared up that issue.”

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