Sunday, March 16, 2008

"Revamping the Judicial Process in Louisiana"?-Will your insistance matter?

March 31 2008 begins the Regular Session of the Louisiana Legislature: Who will sponsor the bill for a Study Resolution on the Judicial Process!!

Will the people count!!?
What will Governor Jindal's ad campiagn look like, Now?
Contact your Legislator-find them at-www.legis.state.la.us

Now that the two special sessions are over; one on ethics reform, the other on budget concerns, which included school tuition tax breaks. The Regular Session must tackle the bane of a corrupt Judicial process. With Jena, the 19th JDC & its DNA meltdown-inclusive of the 18th JDC & now the 7th JDC's seeming inability to operate its court and the former AG's- so-called voter fraud expense in the 7th JDC-will the new AG & the new head of LSP fix their agencies.

The DNA Lab at LSP can't seem to locate a "manufactured DNA" of Michael Jarvis Cobb. Let alone the appeal of the 19th JDC in the Phelix Parker case has set idle, while Parker waits in the EBR Prison. June08-La.FCCA ruling.

Okay, Let's tackle the really tough issues. Yet, what some legislators want is to shut this "clarion call" up.

No comments:

CCRP Article 62

Art. 62.

Authority of attorney general; supervision of district attorney

A. The attorney general shall exercise supervision over all district attorneys in the state.
B. The attorney general has authority to institute and prosecute, or to intervene in any proceeding, as he may deem necessary for the assertion or protection of the rights and interests of the state.
C. In any criminal action or proceeding involving a homicidal death, if deemed necessary for the assertion or protection of the rights and interests of the state, and in accordance with the provisions of Article IV, Section 8 of the Constitution of Louisiana, the attorney general may, with the consent of the district attorney, investigate, prosecute or intervene in the action or proceeding.
Acts 2003, No. 1223, §1.

LDAA Board of Directors: 2008-2009
President Hon. Charles A. Riddle III, 12th J.D.
1st Vice President Hon. J. Phillip Haney, 16th J.D.
2nd Vice President Mr. Barron C. Burmaster, 24th J.D.Board Members
Hon. James C. "Jam" Downs - 9th J.D.
Hon. John "Schuyler" Marvin, 26th J.D.
Mr. Hugo A. Holland, Jr., 1st J.D.
Hon. R. Christopher Nevils, 8th J.D.
Hon. James P. Lemoine, 35th J.D.
Hon. J. Reed Walters, 28th J.D.
Hon. Joseph L. Waitz, Jr., 32nd J.D.
Hon. Jerry L. Jones, 4th J.D. LDAA-Board

**Who Could Have thunk IT??!**

United States Asks Court to Dismiss Charges in Poverty Point Reservoir Fraud Case

By Katie Durio

Posted: Jul 6, 2010 3:11 PM
Updated: Jul 6, 2010 3:11 PM

LAFAYETTE, La. - United States Attorney Stephanie A. Finley issued the following statement
regarding the case of United States v. William Conen, Jr., Michael L. Thompson, and Terry
Denmon:
"Two years ago a federal grand jury returned an indictment charging William R. Coenen, Jr.,
Michael L. Thompson and Terry D. Denmon with conspiring and engaging in a scheme to defraud
the citizens of the State of Louisiana of their honest and faithful services in connection with the
Poverty Point Reservoir District, a political subdivision of the State of Louisiana. Specifically, the
indictment alleged that Coenen, the elected District Attorney for the Fifth Judicial District who had
been hired by the Reservoir District to provide legal services; Thompson, the Executive Director of
the Reservoir District; and Denmon, hired by the Reservoir District to provide engineering services,
personally enriched themselves by purchasing property adjacent to the Reservoir, concealing their
ownership by placing it in the name of a nominee, and then taking actions which substantially
increased the value of the property."
"An indictment is an accusation, and a defendant is presumed innocent unless and until
proven guilty beyond a reasonable doubt. All three defendants in this case entered pleas of not
guilty, and the matter was scheduled to be tried before a jury."
"On June 24, 2010, the United States Supreme Court issued its opinion in Jeffrey Skilling v.
United States in which it dramatically limited the use of the honest services statute upon which the
government based its prosecution against Coenen, Thompson and Denmon. The Supreme Court
ruled that the honest services statute was limited to cases involving bribery and kickbacks, and that
any broader interpretation of it was invalid. The Skilling opinion therefore invalidates the legal
theory upon which the prosecution of Coenen, Thompson and Denmon was based. Accordingly,
the United States has asked the court to dismiss the indictment."

Mike Thompson sentenced to 18 months

Posted July 7th, 2010

Former Poverty Point Reservoir District president Mike Thompson was sentenced to 18 months in federal custody late Monday afternoon.

Thompson had been convicted of one count of violating the Hobbs Act in January.

The conviction carried a maximum sentence of 20 years in prison, a fine or both.

Prosecutors were pushing the judge to sentence Thompson to 41-50 months for the conviction, while defense attorneys argued the sentence should be 15-20 months.

Federal Judge Robby James handed down the sentence shortly before 5 p.m. Monday afternoon, following discussions with the attorneys in his chambers.

Thompson now has two weeks to file an appeal. In the meantime, he will be notified by letter of the prison he is to report to by 2 p.m. Aug. 23. He must also pay $8,000 in restitution to the U.S. Clerk of Court’s Office as well as a special assessment fine of $100.

In another development, charges have been dropped in a another case against Thompson, district attorney Billy Coenen and engineer Terry Denmon due to a recent Supreme Court ruling.

The court ruled in the case Jeffrey Skilling vs. The United States the honest services statute is limited to cases involving bribery and kickbacks.

The three men were charged with using their positions to enrich themselves. However, as no bribes or kickbacks were involved, officials ruled the law did not apply to them.

National Briefing | -Southwest- |Texas: Call for a Federal Inquiry Into a Dragging Death

By MAURICIO GUERRERO - NY Times
June 9, 2009

About 150 protesters rallied outside the courthouse in Paris and called for a federal investigation into the dragging death of a black man last September. The protest came days after the authorities dropped murder charges against two white friends of the victim, saying they lacked evidence. Though peaceful, the protest nearly became violent when at least two people claiming to be Klansmen heckled the crowd; officers escorted them away. The two accused men, Shannon Finley and Charles Crostley, were released last week after a truck driver came forward and testified that he might have accidentally struck the victim, Brandon McClelland. A special prosecutor found no witnesses or physical evidence to support the theory that Mr. Finley and Mr. Crostley had run down their friend after a night of drinking and smoking marijuana. But Mr. McClelland’s mother vowed at the rally that she would not rest until she got justice for her son.

Tempest Blue

5 Iberville School Board members walk out

Protest - May 11-12 2009

PLAQUEMINE — Five Iberville Parish School Board members stormed out of a board meeting Monday night in a show of solidarity with hundreds of parish residents who tried to pack the board office and continue their protest of the planned closure of North Iberville High School.

Before the 6 p.m. meeting, a visibly angry crowd of people starting yelling and chanting when law enforcement authorities said that only 65 people — the building’s listed capacity — would be allowed inside.

Standing on a stage in the School Board office’s parking lot, the Rev. Reginald L. Pitcher questioned why, he said, the School Board had never before enforced the building’s capacity limitations, but did so Monday with the group calling itself the North Iberville Concerned Citizens — and wearing red “Save our Schools” T-shirts — trying to enter following a march.

Iberville Parish Sheriff’s deputies and Plaquemine police stood outside the School Board office to prevent overcrowding as the meeting started.

The School Board voted 8 to 7 on April 21 to close the high school and have its 155 students in the seventh through 12th grades attend Plaquemine High School in the fall at the urging of Superintendent Ed Cancienne.

Cancienne has said North Iberville High lacks the resources to provide the quality education its 155 high school students need if they are to compete in the 21st century.

After recognizing parish students for academic achievements, Monday’s meeting turned chaotic and ground to a halt as board member Stanley Washington, who represents the Rosedale and Maringouin areas, challenged Cancienne.

Washington repeatedly questioned the validity of the board’s vote to close the high school portion of North Iberville.

He said the wording of the motion to close the school implied that the entire school was to be closed although students in kindergarten through sixth grade classes will remain on the campus.

Washington said the Louisiana Department of Education has only one school identification number for the school and not two separate codes, one for the high school and another code for the lower grade levels, therefore making last month’s vote invalid on a technicality.

Cancienne said Monday he has been in contact with state education officials and has been assured that the School Board’s vote to close the seventh through 12th grades at North Iberville High is valid.

Washington then demanded repeatedly that Cancienne provide written documentation that the vote was valid.

When School Board President Melvin Lodge tried to continue the meeting, saying Cancienne had answered the question, Washington said he was not going to stop talking until Cancienne gave written proof.

As Washington repeated his demand, Lodge repeatedly tried to move on to other business, saying Washington was out of order.

As Washington kept talking, the meeting stalled and Lodge threatened to have Washington removed from the building.

At that point, School Board members Dorothy Sansoni, Albertha Hasten, Freddie Molden III, Yolanda Laws and Washington abruptly left.

As Hasten left she shouted out, “no justice, no peace,” and dozens of protesters continued the chant.

The protesters anger quickly spread from Lodge and Cancienne to David Daigle, the School Board member who represents the Grosse Tete area. Daigle voted to close North Iberville High, saying its high school students will have more resources and more opportunities to succeed by leaving the small school and transferring to Plaquemine High — about an hour’s drive away.

“Daigle must go,” protesters shouted as Lodge pounded his gavel, trying to get the meeting back on track.

The meeting eventually resumed; however, School Board members were drowned out as protesters kept calling for answers.

After the meeting, the North Iberville Concerned Citizens said their fight to keep the school open to all grades is not over and they are planning legal action. The group has retained Baton Rouge civil-rights lawyer Gideon T. Carter III to represent them.

Monday’s protest started at 3 p.m. at Pilgrim Rest Baptist Church. where civil-rights activists Dick Gregory and Southern Christian Leadership Conference officers Fred Taylor and Spiver Gordon told the crowd they should not sit on the sidelines on the school closure.

“We’re a nonviolent movement standing up for what is right,” Gregory said. “A nonviolent movement can do things no Navy or Marine Corps can do. We have our freedoms today because of nonviolent people standing up for what is right.”

22 April 2008

MARK SALTZ/THE ADVOCATE
State Rep. Juan LaFonta, D-New Orleans, center, chairman of the Louisiana Legislative Black Caucus, announces the legislative measures the caucus will support during a news conference on the Capitol steps Tuesday. At left is Sen. Patrick Williams and at right Rep. Barbara Norton, both D-Shreveport and caucus members.
* LaFonta-LLBC-Revamp *
Black Caucus Chairman and state Rep. Juan LaFonta, D-New Orleans, said the caucus has not issued its own legislative package in the past couple years.
Within the caucus package are 15 measures dealing with criminal justice, including a Senate bill that would make the display of a noose in public with the intent of intimidation a felony.
The caucus also is supporting a resolution sponsored by LaFonta to create a task force to study the discrepancies in the criminal sentencing of African Americans as opposed to other races.
LaFonta said the caucus waited to get as many of its 30 members on board with the package before releasing it. He said only a few had not signed off on it.
LaFonta said the caucus discussed its package with Gov. Jindal, who put them in touch with several state department heads. He said the governor did not commit to anything specifically but felt the criminal justice package was close to what the administration envisioned.

F20

Friday Noon-3 p.m.: The Rev. Al Sharpton will appear on a national syndicated radio show broadcast from Amistad Radio Group's KSYB 1300 AM in Shreveport ********** 5 p.m.: Sharpton will lead the March for Justice from New Hope Missionary Baptist Church to Mayfield Park in Homer. ********** 5:30 to 7 p.m.: Rally in the park ********** Saturday 11 a.m. to 1 p.m.: Meet and greet with the Black Lawyers Association and clerk at the Consortium Venue on North Market in Shreveport. ********** 3 p.m.: Sharpton will lead services at New Hope Missionary Baptist in Homer. ********** Baron Pikes

F20-Pending

Pending cases
At the time of Tate’s death, she was representing people in three high-profile murder trials, including Julius Thomas, who was scheduled to stand trial Monday in the February 2006 shooting deaths of a Baton Rouge father and son.

Thomas and Kenny Kyser are charged with two counts of second-degree murder in the killing of 61-year-old Hillery Soileau and 17-year-old Brandon Soileau.

Tate was in court with Thomas, 18, Thursday when state District Judge Richard Anderson ruled that a 10-year-old boy who witnessed the murders will testify via closed-circuit television.

Another one of Tate’s clients was Denako Duheart, who is set for trial in April in the beating and burning death of a man in October 2007.

Denako Duheart and his brother, Dearius, are charged with attempted second-degree murder in the death of 39-year-old Jason Fourmy.

The brothers initially were charged with first-degree murder, but the charges were reduced because two witnesses were slain the month after Fourmy was killed, prosecutor Mark Pethke has said.

Tate was also representing Charles Young, who is charged with first-degree murder in the Jan. 7 killing of Dustin and Beth Duncan, a Denham Springs couple.

Young, 21, was allegedly paid $2,000 to kill the couple because Dustin Duncan was scheduled to testify in an upcoming drug trial, according to court documents.

Tate remembered
District Attorney Hillar Moore said Friday while standing outside the State National Life building that Tate was an aggressive lawyer who did her best at defending her clients.

“It’s sad when this happens to anyone,” he said. “But it hits home when it’s a friend and when it’s a lawyer.”

East Baton Rouge Parish Juvenile Court Judge Pam Taylor Johnson said in a telephone interview that Tate worked for her after graduating from Clark Atlanta University in Georgia.

Johnson said she encouraged Tate to go to law school and helped her emotionally and financially when she enrolled at Southern University, where Tate earned her law degree.

“She was like a child to me,” Johnson said. “She’s definitely going to be missed by me and so many other people.”

In addition to running her law firm, Tate also served on the East Baton Rouge Parish Alcoholic Beverage Control Board and participated in several volunteer events and organizations.

Jonathan Tate said his sister was a good person who “didn’t have a bad bone in her body.

“She was very dedicated to her work and to her community,” he added.

Chiquita Tate had two brothers and four sisters, Michelle Tate said. The attorney’s mother is deceased and her father had not been a part of her life for some time.

“All she had was us,” Michelle Tate said, pointing to her siblings and members of her extended family.

The investigation of Tate’s death is on-going, police said late Friday. Anyone with information about the incident can call police at (225) 389-4869 or Crime Stoppers at (225) 344-6768.

Advocate staff writer Ashley Bailey contributed to this report.

Do THEY really want CHANGE?! I don't think SO!

April 14, 2008 - A NEW DAY DAWNS!!
Do they REALLY want change?! I don't think so! Some talk of a culture of violence and there is a culture of silence, but I have run upon a CULTURE OF CONSPIRENCE! Since, JFK-Malcom-Medgar-MLK & RFK our governments have been controlled by violence. And, after the violence the governments become silent on the aftermath! And then, as in the Nixon era - there is a 'culture of conspiring' to keep quiet the crookery but, the average every day citizen is hussled off to PAY his debt to society.

A Culture of Conspiracy!
In the state government of Louisiana, recently; only black legislators are breaking the law.

Is state treasurer John Kennedy running for Governor?
Will state Senator Francis Thompson D-Delhi be indicted?

Will the Legislature investigate the Judicial Process?
Will there ever be "Equal Justice under the Law" in Louisiana?

Does Absolute Immunity apply to J P Mauffray & Reed Walters?

Will Chief Justice Pascal Calogero blow the whistle, before or after he retires?

- - - - - - - - - False River- - - - - - - -
"Revamp the Education System in Louisiana?!"

School Takeover may see 125 student increase at Livonia High
Pointe Coupee Central High School, where standardized test scores have been in the “unacceptable” category for six years, was assigned as a charter school to Advance Baton Rouge after the school was taken over by state education officials.
In addition to the indignity of losing one of their two high schools to the state’s Recovery School District, school officials could face another problem.
Some students who should be attending PCCHS this fall if it were still under parish control might be going elsewhere. The parish is ill-equipped to handle such a migration. School Superintendent Dan Rawls said about 90 students requested “M&M transfers” from the Central district before the May 25 deadline.
These transfers, a part of the parish desegregation court order, allow students to transfer from schools in which they are in the racial majority to ones in which they are in the minority. PCCHS is predominantly black. The only other parish high school, Livonia, is majority white.
Rawls said he cannot say with absolute certainty that the state takeover is the reason for many of the requests. But it might be starting to look that way.
In addition to the M&M transfers, Rawls said, about 70 students have requested to “opt out” of attending PCCHS this fall. Rawls said that move requires going through a more-involved administrative process. Rawls said he does not believe all 70 will complete the opt-out process, but Livonia High might wind up with 125 more students than last year.
That could lead to changing grade configurations at Livonia and other schools or converting into classrooms the spaces that are now housing library books or computer labs.
So far, the number of students who should attend PCCHS, but won’t, is significant, though nowhere near the predictions of a 99 percent boycott that have been voiced at meetings, including the most recent meeting of the School Board.
Talk that seems to have been the most destructive centers on claims that PCCHS graduates this year won’t get regular high school diplomas, and that the school won’t have a football team.
In fact, graduating seniors will get regular state diplomas, and Advance Baton Rouge has hired a coaching staff.
With the takeover, students who do plan to attend PCCHS this fall must register for classes at the school. As of Tuesday 151 students had registered.
- - - - - - - - - - - - - - - - - - -

School Takeover Stirs Discussion at Police Jury Meeting
Pointe Coupee Police Jury members have no authority over education, but the subject took up a significant amount of time at their meeting Tuesday night.
LaMont Cole, chief academic officer at Pointe Coupee Central High School, was on the agenda.
Pointe Coupee Central will be run this fall as a charter school by Advance Baton Rouge, after state education officials took over the school following several years of unacceptable standardized test scores.
Cole was appointed by Advance Baton Rouge to supervise the school’s academic component.
Cole introduced himself and said that rather than making a speech, he would like to answer any questions people had.
Police jurors said they had no questions, with several observing that they had neither knowledge of education matters, not authority over it.
At that point, Jury President Melanie Bueche said she would take “two or three” questions from the audience.
Activist Monica Fabre asked why Cole had been placed on the agenda.
Juror Dewey Dukes said he had invited Cole to address the jury, adding that he had invited Dan Rawls to a meeting when he became parish school superintendent in 2004.
Then Fabre ceased asking questions and began to make accusations that Advance Baton Rouge had been uncooperative in providing information.
Fabre also said Dukes did not attend a meeting of his constituents who were concerned about the school takeover, and said that on the same night he attended a “secret meeting” at an unnamed lawyer’s office.
Bueche tried to move on to the next items, but Dukes asked to speak.
He objected to the meeting being called secretive and then said, “I do not need Ms. Fabre’s permission to attend a meeting.”
Cole said he would be happy to discuss problems if people wanted to call him and announced his cell phone number.
He also handed out several of his business cards.
Bueche then said that if people were there just for that one item it was finished, and they were welcome to leave. About 25 people did.

- - - - - - - - - - - - - - - - - -

Stealth takeover a subversion of people's rights to govern themselves.

With the Governor's insistence on the right to execute child rapists and the alledged infringement upon the state's right by the Supreme Court of the United States, maybe the Governor should look into the mishandling of the school takeover in New Roads.

The School system, "stacked the deck" so that the DoJ's perusal of the situation would appear "correct" on the state's side.

It was pre-arranged for Advance Baton Rouge to run the Charter School.

When local citizens began to quesition the percieved "shenanigans" going on behind the scenes, calls were made to the state Department of Education. It became apparent La-DOE were very much attempting to keep the "schools" in Pointe Coupee controlled by the same set of local folks, through Advance Baton Rouge.

Don't be fooled Louisiana, we're still in a Banana Republic!
Khalid

KKK Symbols Removed in Metarie
UPROOTING HATRED
Hundreds spend Independence Day helping a Metairie family heal from a racist attack on their property
Saturday, July 05, 2008
By Mark Waller
Despite the heat and the holiday on Friday, hundreds of people enthusiastically waited in line for their chance to take a shovel to the Metairie lawn of Travis and Kiyanna Smith.
Many of them said uprooting the grass and stamping down fresh sod was the most fitting action they could take on Independence Day, the most fitting way to honor the ideals immortalized by the nation's founders that "all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness."
Almost two months ago, the Smiths, an African-American family newly arrived in a mostly white section of northeast Metairie, found crosses and the letters "KKK" chemically burned into their lawn.

On Friday, at Homestead Avenue and Live Oak Street, 200 to 300 people stood against the racial intolerance conveyed by the scars in the grass during a ceremony organized by churches, synagogues and mosques.
And then, one by one, armed with shovels and wheelbarrows, they erased them.
"We gather to affirm the American values enshrined in that Declaration of Independence," said Rabbi Robert Loewy of Congregation Gates of Prayer in Metairie as he delivered the event's purpose statement. "All are created equal, all of us in the image of God."
Loewy described the vandalism as an assault on the Smiths' right to create a safe and comfortable home for themselves and their three children.
"We are here to say no to acts of racism and yes to acts of harmony," Loewy said. "No to silence in the face of evil and yes to protests for decency, no to tearing down dreams and yes to building them up, no to intolerance in our community and yes to openness, no to hating our neighbor and yes to loving our neighbor."
Other speakers included Archbishop Alfred Hughes of the Catholic Archdiocese of New Orleans.
"We denounce the cowardly and hateful action that took place some two months ago," Hughes said. "We renounce all unjust discrimination."

The turnout exceeded expectations, said the Rev. Dan Krutz, executive director of the Louisiana Interchurch Conference and a key organizer of the event.
Travis Smith, 35, said he was surprised and overwhelmed by the size of the crowd.
"We have that individual right to go where we want to go," Smith told participants. "And I thank everybody for coming out and supporting that. And we appreciate you welcoming us into your neighborhood."

Kiyanna Smith, 33, said the show of support was just what she needed to cope with the vandals' intrusion on her peace.
She said that a month or so ago, she felt as if no one cared about what happened.
"There was only a small handful that came and said they were sorry. I still felt like that wasn't enough for me," she said. "I needed more people. And I see I got more people."
Attendees said they were appalled by the vandals' expression of hatred, shocked that such a thing can still happen and gratified that they could respond in force.
"For me this is about people coming together to affirm different values from the ones that were burned into this lawn," said Nell Bolton, who lives in Uptown New Orleans.
Neighbors said they hope the event helps their neighborhood recover from a troubling episode.
"It shows that a lot of people will not stand for intolerance," said Chris Trentecosta, who lives a few blocks from the Smiths.
Victoria Laurent, who lives down the street, said she was startled when she first saw the defaced lawn.
"I think this is kind of what needed to be done," Laurent said of the interfaith service. "Whoever did it (the vandalism), they should get the message."
. . . . . . .
Mark Waller may be reached at mwaller@timespicayune.com or 504.883.7056.

DA foresaw Supreme Court ruling on child rape penalty
But local man who authored death penalty legislation outraged
By Matthew PenixSt. Tammany NewsPublished on Monday, June 30, 2008 9:04 AM CDT

Anticipating the day the U.S. Supreme Court would strike down the death penalty for child rapists, District Attorney Walter Reed always refrained from seeking an execution for such a crime, his office said Friday.“Even though it’s been enforced statewide for some time, it’s been widely believed it wouldn’t stand the test of the courts, so we never sought it,” Reed spokesman Rick Wood said.In a 5-4 decision Wednesday, the U.S. Supreme Court solidified Reed’s prediction. It ruled execution was confined to those attacks that take a life and is “not proportional punishment for the rape of a child” despite the monstrous nature of the crime, Justice Anthony Kennedy wrote.
The ruling erupted debate throughout America last week and reversed laws in 44 states allowing the death penalty for those guilty of raping a child.

The court’s ruling centered on Patrick Kennedy, a Louisiana man accused of raping his 8-year-old daughter. The attack was so brutal surgery was required afterwards.Former Louisiana Rep. Pete Schneider, a Republican from Slidell, authored Louisiana’s 1995 law that gave courts the authority to seek the death penalty for those who rape children under 13. On Thursday, Schneider said he was outraged over the “unconstitutional” ruling.“The Supreme Court didn’t have the courage, the fortitude or the insight to protect our children or grandchildren in America,” Schneider said, almost yelling through the phone while visiting Europe. “I am extremely disgusted.”He said he would love to “look them personally in the eye” and ask why the court ruled against execution.Child rapists “butcher the child’s soul,” Schneider said. “That soul is torn apart. That’s the most horrible thing you can do to a child.”“I believe in my heart the appropriate punishment is to sentence these people to die,” he said.That sentiment has brought many other politicians into the fray. Some, such as Gov. Bobby Jindal, vowed to keep writing laws that condemn to death child rapists despite the court’s ruling.“One thing is clear: the five members of the court who issued the opinion do not share the same standards of decency as the people of Louisiana,” Jindal wrote in a statement. “One justice said that ‘the death penalty is not a proportional punishment for the rape of a child.’ That is incredibly absurd. The most repugnant crimes deserve the harshest penalties, and nothing is more repugnant than the brutal rape of an eight-year-old child.”Jindal called the ruling “dead wrong” and later vowed to “evaluate ways to amend our statute to maintain death as a penalty for this horrific crime.”U.S. Sen. David Vitter, R-Metairie agreed.“The rape of a child is undoubtedly a heinous offense and one that is unfathomable for most Americans to even comprehend,” Vitter said. “Such a crime causes irreparable damage to children and has a lifelong impact on these innocent victims and their families.”Meanwhile, Reed, the district attorney for the 22nd Judicial District which covers Washington and St. Tammany parishes, seems to agree with the court’s ruling. No child rape case under his tenure has been heinous enough to seek the death penalty, Wood said.“It’s a death for death issue,” Wood said, adding Reed’s office believes executions are for murderers, except for extremely “heinous” child rapes that haven’t occurred in his district.Also, most child sexual abuse victims are abused by a friend or relative, and that child doesn’t want to be responsible for sending a grandparent, uncle, father or stepparent to die, Wood said.“A lot of times (the choice to not seek the death penalty) was a consideration of the family members who didn’t want to go through the case again,” Wood said.
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GUEST COMMENTARY: Latest Supreme Court decision made me ill
By John R. StoefflerSaturday, July 5, 2008 12:10 PM CDT
Those who believe in a Constitution reflecting the "will of the people" and not some predilection judges have for causes that advance their personal agenda will find the recent decision in Kennedy vs. Louisiana loathsome.Nothing, no NOTHING in recent years has so fueled my ire and added to my contempt for five justices of the United States Supreme Court than the decision handed down by them.In Kennedy, no relation to Supreme Court Justice Anthony Kennedy, Justices Ginsberg, Stewart, Breyer, Kennedy and Souter held that the State of Louisiana had exceeded the United States Constitution's Eighth Amendment against "cruel and unusual punishment" by sentencing a man to death for the brutal rape of his 8-year-old stepdaughter.Writing for the majority, Justice Kennedy stated that Louisiana's "death penalty is not a proportional penalty for the rape of a child." In so ruling, the Court's declaration went far beyond Louisiana's statute as it effectively nullified laws relating to child rape in five other states and thus effectively killed efforts by any state contemplating similar legislation.What got me fired up wasn't what you might expect. While the Court's 5 to 4 decision itself was despicable at best, it was the majority's reasoning, having no constitutional rock upon which to anchor its conclusion that made me see red.Reading the majority opinion, anyone with a smattering knowledge of the Constitution would have to concede that the decision of the majority is based upon nothing less than a liberal, activist political philosophy coupled with personal predilections. Gov. Bobby Jindal (R-La) had it right when he declared, "The opinion reads more like an out-of-control legislative debate than a constitutional analysis."Gov. Jindal's observation of the Court's opinion goes straight to the heart of the matter. In his criticism, Jindal may have had the words of Alexander Hamilton in mind as found in Federalist No. 78. Here, Hamilton declared that no matter how repugnant they may view the will of the people, they, judges, shall not substitute their personal preference(s) to those of the people as expressed in their Constitution.According to the Court's majority, the only constitutionally permitted reason for the government to require an individual to forfeit his or her life is that they have taken the life of another. Oh? But then, Justice Kennedy contradicts himself when he points to exceptions to this rule, such exceptions being crimes of treason and espionage. Thus the logic of the Court allows for the death penalty in the commission of treason and espionage even if a life hasn't been taken.Why the obvious contradiction?Because, according to the majority, crimes of treason and espionage are crimes against the State. They would have you and me ignore the fact that the victim in this case is an innocent 8-year-old child. They would also have you disregard "how much physical or psychological trauma is inflicted, (on the child) and (close our eyes to the accused party's background) no matter how heinous the perpetrator's prior criminal record may be."Will someone please pass the barf-bag.The Court also stated that imposing the death penalty for child rape is inconsistent with "the evolving standards of decency that mark the progress of a maturing society."Please, show me in the Constitution of the United States where it gives to the judicial branch any authority to set or establish societal mores for this country, or for that matter any state.The majority also conjured up what they characterized as a "national consensus" that the death penalty is never acceptable for the rape of a child. Quick, pass the bag. I think I'm going to lose it again.In dissent, Justice Scalia was joined by Justices Alito, Thomas and Chief Justice Roberts. Scalia charged the majority's assertions regarding its discovery of a "national consensus" against the death penalty for child rapists and what it called "evolving standards of decency" as constitutionally 'unjustifiable.'The next president will undoubtedly appoint a number of new justices to the Court. Both senators McCain and Obama have decried this decision. But the record is clear; only Sen. Obama would nominate judges to the federal judiciary with the liberal mind set of those who voted to overturn Louisiana's death penalty law for those convicted of raping a child.(Those interested in reading the entire opinion can go to: http://www.supremecourtus.gov/opinions/07pdf/07-343.pdf)John R. Stoeffler is a Ballwin resident and is president and co-founder of the Madison Forum, a constitutional think tank dedicated to upholding the principles of the U.S. Constitution and the Declaration of Independence.

Jindal: U.S. Supreme Court 'Got This Case Wrong'
Governor says the court overlooked precedent in banning death penalty for those convicted of raping children
Thursday, July 3, 2008
Governor Bobby Jindal says the U.S. Supreme Court made a factual error when it banned the death penalty as a sentence for those convicted of raping children.The court claimed there was no federal precedence in providing that type of sentence, but Jindal says the death penalty is authorized for child rape under the Uniform Code of Military Justice.The Governor is asking Louisiana Attorney General Buddy Caldwell and Jefferson Parish District Attorney Paul Connick to consider petitioning the court for a rehearing.The 5-4 ruling was handed down in the case of 44-year-old Patrick Kennedy of Harvey who was sentenced to death for raping his 8-year-old stepdaughter. Jindal says the high court "got this case wrong, plain and simple.""As both the Governor of this great state and as a parent of three children, I continue to be outraged over the Supreme Court’s absurd decision to overturn a death penalty sentence for the brutal rape of a child while citing that ‘the death penalty is not a proportional punishment for the rape of a child;’ and I will do everything I can to see that this decision does not stand," Jindal said.The Governor says his administration may amend the state law to maintain death as a penalty for child rape.

Jason Hatcher

Dallas Cowboys' Jason Hatcher delivers hope to Louisiana teenager

BY MAC ENGEL
tengel@star-telegram.com

Cole Ashworth writhed in the back seat of the SUV and tried not to focus on the pain from the bullet wound. His left knee throbbed, and every time the truck went over a bump, pothole or rock he screamed or moaned.
But there was a deeper, emotional pain.
“Momma, my dreams are gone,” Cole told his mother, who was in the front seat.
His father, Glenn, feared his 14-year-old son was going to die, and football suddenly wasn’t so important.
“You’re alive,” Sheila Ashworth said.
“But, mom,” Cole said, “I want to play football.”
Cole knew he would never play football again. Shortly after the rifle hit the floor of his truck and fired, sending a bullet through his left knee, football was over.
The accident occurred on Jan. 18, 2008, near Jena, La. Not long thereafter, Dallas Cowboys defensive end Jason Hatcher received a letter from Sheila Ashworth telling her son’s story. Cole had attended Hatcher’s football camp in his hometown of Jena the previous summer.
“All we ask is that you and your teammates please write and encourage him to keep fighting for his dream and encourage him to attend your football camp in June,” Sheila wrote. “All he needs is to hear it from men that share his same dream, even though it may never happen.”
What she didn’t know was that Hatcher wasn’t going to hold another camp. Ever since Jena went from unknown to ubiquitous because of the “Jena Six,” Hatcher had distanced himself from the town. But Hatcher changed his mind about his hometown, and now is hoping he can help Cole, too.
“He was one of the standout guys from my camp. You could tell he was going to be big,” Hatcher said. “I just wanted to do something.”
Jena stigma
Jason Hatcher was in The Hard Rock Hotel in Las Vegas this summer when he told a patron he is from Jena. The normal reaction when he told people he was from there was always, “Say again?”
“This guy knew it immediately,” Hatcher said. “Before, no one had ever heard of Jena. Now, everyone knows Jena.”
Jena went from a place hard to find on a map to a place on the map for its warts, skeletons and flaws. The story of the “Jena Six,” six African-American high school students charged with attempted murder of a white classmate, turned into a national story, and a march of 20,000 protesters last fall.
The beating came months after three other white students were suspended, but not criminally charged, for hanging nooses in a tree at the school. Charges against the Jena Six were reduced, but the original counts led to angry complaints of harsh, racially motivated prosecution.
Up until the incidents and their aftermath, Hatcher was always proud of his home. Sure, Jena was like any other town. It had problems and details he wasn’t proud of, but Jena was his. It was like family.
“I was very disappointed and very hurt. I really loved my little town,” Hatcher said. “There are some great people there. It’s kind of embarrassing your town is known for something like that.”
As the controversy escalated last fall, Hatcher decided he would not hold another youth football camp back at Jena High School. He would return to Jena to see his sisters, brothers, his in-laws and their friends, but beyond that there was no need.
Ashworth accident
Cole Ashworth lives in Ainsworth, a stone’s throw from Jena. Ainsworth is even more country than Jena. So it was no big deal if he was 14 and driving -- some conventional laws are bent in the country. He was headed to his uncle’s place to feed the horses on a rainy night.
He had been hunting the day before, and briefly thought about taking out his rifle before heading over to his uncle’s place.
“I’ll do it when I get back,” he thought.
As he recalls, he stopped the truck and it shook. The gun fell to the floor and fired.
“I blacked out,” Cole said. “When I woke up, I picked myself up and walked on the leg.”
He could feel bones rubbing together, and he fell back down. He eventually found his cellphone on the floor of the truck and called his mother.
When his parents arrived, there was their 6-foot-2, 190-pound son lying on the ground. The tiny bullet had reduced the pitcher/third baseman/defensive end to a kid fighting for his life.
“I really thought he was going to bleed to death,” Glenn Ashworth said.
The Ashworths eventually made it to the hospital. And after 10 days and three surgeries on Cole’s left leg, the family and doctors surrounded Cole’s bed to give him his long-term prognosis.
In order to lead a normal life, he would have to lose the leg. He could try to save it, but that would require an additional 20 surgeries, and even then he would hobble, and an infection could possibly lead to amputating the leg anyway.
“Daddy, I can’t play football any more,” Cole said.
“Don’t say that, son,” Glenn said. “We just want you to lead the most normal life you can.”
“Just get me to where I can run and play football,” Cole said. “That’s all I want.”
On Jan. 28, doctors removed Cole’s left leg just above his knee.
Hatcher’s role
Sheila Ashworth isn’t sure what prompted her to write Jason Hatcher a letter. She wanted something to pick up her son’s spirits.
Cole made quite an impression on Hatcher and on some of Hatcher’s teammates who helped out at his camp last summer. Cole was raw, but there was talent. He was so big, and a natural athlete that Cole stood out.
Just standing these days takes extra effort on Cole’s part. He wears a “get up and walk leg.” But if he tries to do too much, such as the time he was at a friend’s house and punted a football, he’s apt to fall.
He can and does ride 4-wheelers with his buddies, as well as ride horses and fish. But sports are too much.
“The main thing that touched my heart he’s trying to get a leg so he can continue to play sports,” Hatcher said. “It’s really an inspiration to me.”
Suddenly the disappointment Hatcher felt toward his hometown had faded. Hatcher decided to hold his football camp again. Cole couldn’t participate as a player, so Hatcher asked him to work the camp.
“He’s like my best friend now,” Cole said of Hatcher.
Hatcher has promised some financial assistance to the Ashworths in their attempt to buy a “sports” prosthetic for Cole. The cost is around $80,000.
But there is no prosthetic for the emotional wound.
“It’s dreams. Just dreams,” Glenn Ashworth said as he fought back tears. “I had a dream -- my dream was to be a football player but I wasn’t good enough. I believe Cole was. Maybe he was trying to live my dream for me. I don’t know. I told him, ‘I can’t put your leg back. If I could give you my leg I would. I’m old and I don’t need it. But that’s not the way it works.’ ”
Cole’s dreams are still there, but with alterations. Dreams of being a college defensive end have been replaced by being a college punter. He dreams of going to college, getting married and spoiling a bunch of children.
A Cowboy enlisted himself to help Cole in the pursuit of these dreams, and in the process Jason Hatcher found his hometown again.
Mac Engel, 817-390-7760

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Jason Hatcher