Friday, October 29, 2010

The "STATE" of Louisiana Justice 2010

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

Former officer clears last criminal charge

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

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

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

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

Higgins says the case is finally over.

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

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

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

Louisiana State NAACP Convention Sept 22-25 2011 to be held in

Ferriday/Vidalia/Natchez area.

The truth sometimes, just doesn't come out. However, when a video is played to a jury, and a man says; "you killed me" & "you're going to suffer".

Before the recording ended, Collins told Nugent, “You’re going to suffer…You killed me.”

Nugent replied: “Are you threatening us… You ain’t dead. You’re talking. You’re alive.”

The following story, should have you aware what will not happen with the finality of this case. So, sad to say but this is the "state" of Louisiana Justice. *lesieur

September 23, 2010


AG still denies release of report due to open records debate

Report on shooting death of Bernard Monroe, Sr. remains sealed

MICHELLE BATES, Editor

A lawsuit filed in New Orleans, regarding the release of a deceased’s medical records, is having a direct affect on the release of the Louisiana State Police report involving the shooting death of Bernard Monroe, Sr.

The New Orleans case revolves around Dr. Anna Pou and two nurses who allegedly gave elderly patients a lethal cocktail of drugs to euthanize them after the charity hospital flooded in the wake of Hurricane Katrina in 2005.

When the grand jury didn’t return indictments, CNN and the Times Picayune of New Orleans requested the records of five patients who allegedly died under the doctor’s hands be released.

However, two defendants, who were unnamed in the article, filed suit requesting those records be blocked from release “claiming the records are covered by grand jury secrecy rules, that they should have been considered confidential informants and that releasing the documents would violate their privacy.”

According to a CNN article published Thursday, September 9, Judge Donald Johnson of the 19th Judicial District Court for the Parish of East Baton Rouge ruled that “records of the Memorial Medical Center deaths” in New Orleans should be released because the deaths “don’t involve ‘criminal litigation which is either pending or which can be reasonably anticipated.’”

This means the records should be released under state open records laws, and the judge’s decision is now under appeal.

The Louisiana Attorney General’s Office filed suit saying the courts needed to better define open records laws. In July, the case was sent from the Supreme Court back to District Court, which made the ruling to have the records released.

Assistant District Attorney Kurt Wall said that case is now on appeal, so no records have been released. Because of this case, the Louisiana State Police report on the officer-involved shooting death of Monroe is also not being released.

In earlier editions of The Guardian-Journal, Wall said that because the New Orleans case was still under litigation, Attorney General Buddy Caldwell ordered that no reports be released to the public until a ruling on the definition of open records laws is better defined.

Monroe was shot and killed on Friday, February 20, 2009, by former Homer Police Officer Tim Cox. The shooting occurred when Cox and former Homer Officer Joseph Henry were chasing Monroe’s son, Shawn. The chase led to the elder Monroe’s home, where the events of that day took place. Police said he was shot because he allegedly engaged the two officers with a loaded handgun. Witnesses and family members say Monroe did not have a gun in his possession at the time of the shooting. Instead, he was holding a sports drink bottle.

The case caused an uproar of outrage and anger in the community. At the time of the shooting, the Louisiana State Police were brought in to investigate the case, as well as the Federal Bureau of Investigation (FBI) and the U.S. Justice Department. The FBI was brought in to look into whether any of Monroe’s civil rights were violated. According to Agent Sheila Thorne, media spokesperson in the New Orleans Office, the investigation is still open and ongoing.

The Americans for Civil Liberties Union (ACLU) was also brought into the picture, and they found that the Homer Police Department practiced racial profiling because a majority of the arrests they made were minorities.

In December 2009, the case was turned over to the Claiborne Parish District Attorney’s Office, and District Attorney Jonathan Stewart immediately turned it over to the Louisiana Attorney General’s Office. When the grand jury returned no true bills against either former officer, the Monroe family hired famed civil rights attorney Morris Dees and filed a civil suit.

Earlier this year, the Town of Homer settled with the Monroe family to prevent any further litigation in the case and release the two former officers and the town from any liability afterwards.



Ex-officer not guilty in death of man shocked 8 times with Taser

- Associated Press

WINNFIELD, La. — It took a state court jury only three hours Friday to return a not-guilty verdict in the manslaughter trial of a former Winnfield police officer accused of applying eight Taser gun shocks to a handcuffed man who later died.

The verdict cleared Scott Nugent in the death of Baron Pikes, who was stunned repeatedly as he lay on the ground, hands cuffed behind his back, for refusing to get up. After Pikes was inside the police car, he was again shocked when he did not get out as ordered.

The verdict does not, however, end the case. The mother of Pikes’ 4-year-old son has filed a wrongful-death lawsuit in federal court against Nugent and city officials. A malfeasance-in-office charge is also pending against Nugent.

“We thought we put together a strong case,” Winn Parish District Attorney Chris Nevils said. “There was not a single bit of evidence we had that we didn’t put on for the jury.”

The 10 white and two black jurors voted 11-1 to find Nugent not guilty, Nevils said. Only 10 jurors were needed to reach a verdict.

Nugent was hurried from the courtroom to a waiting car after the verdict was read.His attorney, George Higgins, later said Nugent and his family were “thrilled” by the decision. “Hopefully this will end the two-year ordeal they’ve been through,” Higgins said. “You have to remember, he was only 21 when this took place.”

Higgins said he believed the district attorney would weigh pursuing the pending malfeasance charge in light of Friday’s verdict.

The defense attorney said he thought the verdict was completely supported by evidence and witnesses who testified as to how professional Nugent was and the “overwhelming scientific testimony that the Taser could not have caused Mr. Pikes’ death.”

Asked whether his client would pursue returning to the force, Higgins said, “I think Mr. Nugent wants to get on with his life. I would doubt that he would return to any police department. For the last two years, he was unjustly labeled a murderer. I would guess he has a sour taste in his mouth for serving the public in that position again.”

The trial took three weeks. The defense put on a number of expert witnesses who said the Taser gun that Nugent used and the manner in which he used it — applying so-called “drive stuns” to Pikes’ back — would not have killed him, even though Nugent shocked Pikes eight times.

“This case was never about Taser,” Nevils said. “It was about the actions of this officer.”

In closing arguments the prosecutor described Nugent’s actions as abusive and leading to Pikes’ death.

Police are trained to increase force on a noncompliant subject in steps, Nevils told the jury, beginning with verbal orders, then applying soft hand force followed by hard hand force. Nugent skipped the early steps, Nevils said.

“He didn’t follow his training,” Nevils said. “He went straight to the thing he likes the most — to hurry him (Pikes) along, and he killed him.”

The autopsy lists the cause of Pikes’ death as undetermined. An expert witness for the prosecution called it homicide. An expert for the defense said the 21-year-old died of sudden exertion sickle cell death.

Forensic pathologist Charles Wetli, whose area of expertise is sudden death caused by sickle cell trait, testified that the Taser shocks did not cause Pikes’ death.

Pikes had sickle-cell trait, which can make blood cells change from the normal round shape into a sickle shape during exertion, clog blood vessels and deprive the body of oxygen. That happened to Pikes when he ran from officers who stopped him, defense attorney Jerry Glas said Friday during final arguments.

“Did the Taser trigger exertion sickle-cell death?” Glas asked the jury. “The exertion triggered the exertion sickle-cell death.”

On rebuttal, Nevils pointed out Pikes ran only a block and a half, and had run from officers during prior arrests and “he didn’t die then.”

The courtroom was crowded for closing arguments, with extra security measures at the courthouse, but the crowd was orderly. Several women cried quietly as Nevils wrapped up his rebuttal by referring to a videotape of Pikes writhing on the floor of the police department as they awaited an ambulance and telling police officers there, “You killed me.”

Nugent sat quietly at the defense table, staring down throughout the arguments.

“This was a travesty of justice,” said Carol Powell Lexing, attorney for Latrina Thomas, who is the mother of Pikes’ son. “But that dog-and-pony show that took place in Winnfield won’t last long in federal court.”



Read more: http://www.sunherald.com/2010/10/29/2595828_p2/ex-officer-not-guilty-in-death.html#ixzz13rWHnTkO


Well

Thursday, April 22, 2010

Multi-City/Town:Mass INJUSTICE Demonstrations NOW | The NEW GRASSROOTS MASSMOVEMENT2010

Honest Services 24Jun10 | Enron-Skilling ruling | La. Public Defender Board
Forging of America
Injustice
Justice Needed. Now!!
Every facet of the judicial process in Louisiana is in dis-array. Jean Faria sat in a House Judiciary Committee on April 21, while State Senator Francis Thompson, floated a legislative instrument dealing with the composition of the Louisiana Public Defender Board. The instrument would have stipulated a board member from the northern part of the state. In his statements, the questions were raised as to why, the majority of the members on the La. Public Defender Board were from S. Louisiana. He stated, that the Governor was from S.La., as was the Speaker of the House and others. The Senate seat held by Thompson, was formerly held by Senator Charles D. Jones. In essence, Thompson's seat is in a minority district. Louisiana is not the only state with justice issues.

By the fact of blacks, being the majority in prison and the courts, and subsequently still disproportionately receiving stiffer sentencings, wrongful convictions, prosecutorial indiscretions and un-equal justice and ultimately "death-justice" as in the death of Baron "Skooter" Pikes in Winnfield, Louisiana, of whose trial is scheduled for June 2010 in Winn parish. When we consider, the accusations in Tensas Parish's, Waterproof, La. As we consider, the incident of un-equaled justice playing out in the home-parish of the -yet to be confirmed- Middle District US Attorney. In the Gosserand case, the defendant was allowed to absent herself from court and not held in contempt -said to be in a rehab. -31 July 2010
In Pointe Coupee - The new US Attorney for the Middle District of Louisiana turns out to be Don Cazayoux.
In Tensas parish the Mayor of Waterproof was convicted & the LASC denied his writ on July 23rd.

In Winnfield, Louisiana -Scott Nugent is scheduled for trial on August 31, 2010 in the death of Baron Pikes.

Judge delays Gosserand's arraignment hearing

Posted: Apr 08, 2010 5:38 AM CDT Updated: Apr 12, 2010 5:35 AM CDT

NEW ROADS, LA (WAFB) - A woman who faces a vehicular homicide charge in connection with a deadly crash was scheduled to stand before a judge Thursday morning to tell how she pleads in the case, but the hearing has been postponed.

According to her attorney, Victoria Gosserand is currently in a rehab facility outside of the state. The judge rescheduled her arraignment for Aug. 26.

Gosserand stands accused in the death of Terri Parker, 23. Parker was killed in a crash in December on a Pointe Coupee Parish roadway. gssc/end

When we consider all things, relating to the judicial process, equity & un-equal justice due to socio-economic status, there is no other choice but coordinated MASS DIRECT-ACTION NON-VIOLENT DEMONSTRATIONS.

THIS IS A CALL TO ACTION FOR ALL UNIVERSITY, COLLEGE & COMMUNITY COLLEGE AGE STUDENTS TO RE-CONVENE IN LOUISIANA.

The New GRASSROOTS MASSMOVEMENT AGAINST UNEQUAL JUSTICE!!

Legislation hasn't Secured Unequal justice's demise. The courts have refused to rectify the problem because the law stipulates harsh punishments, exercised at the indiscretion of prosecutors, judges & the 1844 ruling class mentality. Nothing will change, unless we move, Now.


postscript:23Apr2010 16minutes aftermidnight

Analysis:Torch Passes in Civil Rights Struggle
Analysis: Torch passes in civil rights struggle

ATLANTA — The recent deaths of Dorothy Height and Benjamin Hooks, two icons of the civil rights era, nudge those who have come behind them closer to the control for which they have clamored.

It is a prospect that is at once enticing and intimidating for the movement's heirs, who have waited years for their turn and a chance to further the progress of black America. Those years have caught up with both groups, as the graying civil rights generation has no choice but to step aside.

The next generation must decide whether they will step up as the nature of the struggle is in question and the future fight takes on a new identity.

It's put up or shut up now, said the Rev. Al Sharpton.

"I remember for years we said, 'Give us a chance,'" Sharpton said. "Well, we're center stage now. What are we gonna do?"

At 55, Sharpton is considered young among civil rights activists. He was groomed by people like Height and Hooks to lead after they left.

"They knew the struggle would continue beyond them," said Sharpton, who founded his National Action Network nearly 20 years ago. "We are facing more institutional inequities. These matters are not as dramatic as they were in their time, but they're just as insidious."

For years, the heroes of the 1950s and 1960s kept us connected to a time when the battle for equality in this country was real and present for millions of black Americans, decades away from the election of the first black president.

The larger-than-life examples of Andrew Young, Joseph Lowery and John Lewis — who marched alongside the Rev. Martin Luther King Jr. and lived to tell us about it year after year — were constant reminders that the fight is not over.

When she died Tuesday at 98, Height was one of the few female voices of the movement. Her activism stretched from the New Deal to marching alongside King before she witnessed the historic election of President Barack Obama.

Hooks led the National Association for the Advancement of Colored People for 15 years after he was inspired to fight against social injustice and bigotry as a young soldier guarding Italian prisoners of war while serving overseas in the Army during World War II. Foreign prisoners could eat in "for whites only" restaurants but he could not. He died Thursday at the age of 85.

The struggle they leave behind is far different from the one they inherited under a segregated America. Today, the Rev. Raphael Warnock of MLK's Ebenezer Baptist Church in Atlanta is carrying the mantle of social justice theology, fighting for voting rights and financial literacy and against disparities in the criminal justice system — without the permission of his elders.

"I don't know that anybody handed that generation the leadership," said the 40-year-old Warnock. "I think they took it. And the onus is on us to assume leadership and not wait on somebody to give it to us. We are clearly witnessing the changing of the guard."

This generation does not live in fear of biting dogs or the sting of a fire hose, but must still fight to ensure equal access to education and employment. Hundreds of black elected officials across the country do not eliminate the need to advocate the right to vote.

"Losing Dr. Height hurts immeasurably, but it also inspires unconditionally," said Julianne Malveaux, president of the all-female, historically black Bennett College. "When we think about the struggles she identified with and the work that she did, she's really left us with a social, economic and legislative agenda."

Malveaux said that many young people are respectful of history and may be ready to carry on with Height's mission, but others may see her labor as part of a bygone era.

"They have been seduced by our progress to feel that the civil rights movement may not be necessary," she said.

The call to action now extends not to an aging few, but to countless blacks from 18 to 70 — still young, compared to the those who were stirred to action in the last century. Already there are those who have answered. The NAACP has at its helm the youngest president and chairwoman in its 101-year history. The Southern Christian Leadership Conference is preparing to install as its new leader Bernice King, the youngest daughter of King, the organization's most famous founder. And the executive director of Sharpton's National Action Network is under 30.

Whether they can rally their peers as their predecessors rallied for the betterment of a people remains to be seen. But after years of asking, they will soon get their wish.

Saturday, February 20, 2010

Justice Denied:STILL-Louisiana Style

Mike Thompson convicted in US Court | Hobbs Act trial Awaits

State Senator Lydia Jackson spoke on the first panel of the United States Department of Justice's Indigent Defense Symposium Feb. 18 & 19th 2010 in Washington, D.C.

Already in this state, the Louisiana Attorney General's office has presided over a grand jury in Homer, Louisiana that returned a "no true bill" in the death of Bernard Monroe, at the hands of two police officers.

The problem in Louisiana is gargantuan and requires direct intervention. The last such legal gathering of the US DOJ was in 1999-2000 according to Symposium statements.

As we write, because of legal maneuvering and shenanigans in a federal criminal case two young black state-defendants are being denied proper due process because of mechinations by a federal public defender and his 43 year old federal client. The two 20-year-olds have no idea, what is going on behind the scenes. One defendant's - public defender may be aware of the maneuvering. The federal client & the two state defendants are linked to the same alledged crime!

If someone wants to talk about systemic injustice, one must begin at the bottom. And the boot is on the foot of Louisiana. The Public Defender Office in Baton Rouge is being scrutinized, after several officials plead guilty to impropriety on federal charges. In a "Jena related" case a defendant has begun to experience Baton Rouge PDO's ineffective assistance of counsel.

In the national scene, a concerted effort has been ongoing to distance America from the "lasting affects of the 'Jena Scenario' played out in Louisiana's debacled courts".

January 17, 2008 Baron "Scooter" Pikes was supposed to have been arrested, according to Winnfield, Louisiana police. He Died!

Baron "Scooter" Pikes' Life was arrested the day the police tasered him, against his will. In affect, his civil rights were violated.

If the system of justice is to change in America, that change must begin in Louisiana.

As late as October 2009, Jean Faria, in an article in the Lake Charles, Louisiana newspaper American Press; stated that indigent defense in the state was a problem not solved yet. [ Calcasieu PDO AmericanPress.com]

Faria called the problems “systemic.” She compared the criminal justice system to a three-legged stool with one leg being the courts, a second being the prosecution and the third the defense.

Presently the stool definitely cannot sit straight because the defense “leg” is shorter than the others. First, Faria said, people have to come together.

She would like parties involved in the criminal justice system to sit down with the local legislative delegation and say “This is what it looks like here … this is the mess we are in and it’s going to take all of us good, well-intentioned people to sit together and figure out how we’re going to deal with this in Calcasieu.”

“Can you help us craft a solution?”

“The answer,” she said, “may be yes. The answer may be no. But the answer cannot be that the public defender clients suffer.”


Justice Dept. Symposium Washington,D.C.-State Senator Lydia Jackson at 102:36 mark!


Eric Holder in New Orleans 23 Feb. 2010 for National Fusion Center Conference. Conference is on Terrorism. "Instead of pursuing a narrow, ideological approach to fighting terrorism, combating crime, and protecting the safety of our people, today's Justice Department is committed to being flexible, pragmatic and aggressive. This approach is working. By focusing on improving communication and collaboration, we've helped to prevent hundreds of crimes and to protect even more lives."

Taser death could be considered Torture

JUSTICE FOR SALE PBS.org

Judge seals video tape in Taser Case Why is the tape sealed!?

Impoverished Youth Justice DOJ Symposium Feb. 17 2010 - Washington,DC

Judge puts gag order in place for Gosserand trial

Posted: Mar 11, 2010 11:02 AM CST Updated: Mar 12, 2010 6:47 AM CST

By David Spunt - bio | email

NEW ROADS, LA (WAFB) - The judge in the New Roads vehicular homicide trial has placed a gag order on all attorneys involved with the case. The gag order means attorneys from both sides are not permitted to talk to the media about this specific case.

Judge puts gag-order



New Roads Vehicular Homicide a TEST CASE. Two Judges removed from court case.
Grand Jury Indicts Woman in New Roads Case
Woman indicted in wreck WAFB

Vehicular homicide count charged
  • By KORAN ADDO
  • Advocate Westside bureau
  • Published: Feb 23, 2010

NEW ROADS — A grand jury indicted a Ventress woman on a count of vehicular homicide and another charge Monday in a wreck that killed a New Roads woman in December.

The grand jury also indicted Victoria Gosserand, 23, on a count of first-degree negligent vehicular injuring in the Dec. 23 wreck that killed Terri Parker, 23, and sent Kyle Riviere, 23, to a hospital with serious injuries.

The 18th Judicial District prosecutor, Tony Clayton, said Gosserand’s blood-alcohol content was 0.30, or nearly four times the 0.08 legal limit, the night of the wreck.

If convicted of vehicular homicide, the more serious of the two charges, Gosserand faces up to 30 years in prison with a minimum of five years served without the benefit of parole, probation or a suspended sentence.

She faces up to five years in prison, a $2,000 fine or both on the count of first-degree negligent vehicular injuring.

After Monday’s court proceedings, Parker’s mother, Debra Cushionberry, said the grand jury’s decision was “a relief.”

Cushionberry, along with two dozen friends and family members, spent much of Monday in the courthouse hallway waiting for the grand jury’s decision.

Many of them wore shirts emblazoned on the front with Parker’s picture with the words “In Loving Memory” and “Justice for Terri Marie Parker.”

“I feel good. It’s a relief,” Cushionberry said after the indictments were announced.

“It’s not that a burden has been lifted from me, because my daughter is dead, but this is the first step towards justice,” she said.

Justice, she said, would be for Gosserand to serve prison time.

Parker’s aunt, Rosemarie Parker, said the family will continue to fight to make sure the death of her niece, who would have turned 24 last month, will not go unpunished.

“My eyes are wide open,” Rosemarie Parker said. “We just want what’s right for Terri.”

Neither Gosserand nor her family was in court; however, her attorneys, Nathan Fisher and Jerry D’Aquila, attended the reading of the indictment.

Gosserand, 7702 Cook’s Landing, Ventress, is due back in court April 8, at which time she is expected to enter a plea, prosecutors said.

The grand jury’s decision stems from the night of Dec. 23, when a New Roads police officer saw Gosserand speed through a red light at Hospital Road and False River Drive in her 2002 Acura MDX sport utility vehicle about 11:30 p.m., New Roads police have said.

Gosserand’s car slammed into Riviere’s 1999 Toyota Camry as he was turning left at a green light onto False River Drive, police have said.

The collision threw Parker from the Camry onto the shoulder of False River Drive, where police found the young mother of a 2-year-old boy lying motionless, her neck apparently broken, the report said.

The parish Coroner’s Office pronounced her dead at the scene, police have said.

According to the police report, investigators and paramedics approached a “screaming and cursing” Gosserand in her SUV and tried to get her out of the vehicle.

Gosserand became “combative,” the report said, and authorities had to restrain her before loading her into an ambulance to be taken to Pointe Coupee General Hospital.

Riviere, also of New Roads, was taken to Our Lady of the Lake Regional Medical Center in Baton Rouge after authorities extracted him from his crumpled car, the report said.

Gosserand, 7702 Cook’s Landing, Ventress, is due back in court April 8, at which time she is expected to enter a plea, prosecutors said.


Officer: Gosserand had 'aggressive attitude'
  • Advocate Westside bureau
  • Published: Mar 11, 2010 - UPDATED: 6:30 p.m

NEW ROADS — A New Roads policeman testified Thursday that the defendant in a Dec. 23 vehicular homicide case had an “aggressive attitude” and “had to be restrained” following the wreck in which a woman was killed and a man seriously injured.

Officer Brandon Spillman said he was parked in a vacant lot while on duty around midnight at the intersection of False River Drive and Hospital Road when he witnessed Victoria Gosserand run a red light at a high rate of speed in her dark-colored sport utility vehicle.

Gosserand’s SUV crashed into Kyle Riviere’s green Toyota Camry as Riviere attempted to make a left turn onto False River Drive, Spillman said.

Gosserand did not attempt to slow down or stop her vehicle as she sped through the intersection, he said.

The impact of the crash sent both vehicles spinning, at which time Spillman said, he saw a large object, which turned out to be Camry passenger Terri Parker, 23, of New Roads, flying through the air.

When Parker landed about 30 feet from the point of impact, Riviere’s car appeared to run over her body, the officer said. Parker was pronounced dead at the scene, he said.

Monday’s hearing in 18th Judicial District Court marks the first time Gosserand, 23, 7702 Cook’s Landing, Ventress, has appeared in court in connection with the Dec. 23 wreck.

Prosecutors have said Gosserand’s blood-alcohol content was 0.30 percent, or nearly four times the 0.08 percent blood alcohol content which is considered presumptive evidence of drunken driving in Louisiana,.

The defendant is scheduled to return to the Pointe Coupee Parish Courthouse April 8 to enter a plea on one count each of vehicular homicide and first-degree negligent injuring. If convicted, Gosserand faces between five and 30 years in prison for vehicular homicide, the more serious of the two charges.

Judges puts gag-order on Gosserand trial |

Officer describes crash
Testimony offered in fatal accident
  • By KORAN ADDO
  • Advocate Westside bureau
  • Published: Mar 12, 2010

NEW ROADS — A New Roads police officer testified Thursday that the defendant in a Dec. 23 vehicular homicide case had an “aggressive attitude” and “had to be restrained” following the wreck in which a woman was killed and a man seriously injured.

Officer Brandon Spillman said he was parked in a vacant lot while on duty around midnight at the intersection of False River Drive and Hospital Road when he witnessed Victoria Gosserand run a red light at a high rate of speed in her dark-colored sport utility vehicle.

Gosserand’s SUV crashed into Kyle Riviere’s green Toyota Camry as Riviere attempted to make a left turn onto False River Drive, Spillman said.

Gosserand did not attempt to slow down or stop her vehicle as she sped through the intersection, he said.

The impact of the crash sent both vehicles spinning, at which time Spillman said, he saw a large object, which turned out to be Camry passenger Terri Parker, 23, of New Roads, flying through the air.

When Parker landed about 30 feet from the point of impact, Riviere’s car appeared to run over her body, the officer said.

Spillman testified that he ran to Gosserand’s vehicle first because it was closer to him.

“She was laid back in the driver’s seat,” he said. “I could hear her mumbling.”

As he tried to talk to Gosserand, Spillman said, he smelled “a strong odor of alcohol” coming from her.

Spillman testified that after the wreck, Gosserand told him that she had three friends in her SUV, although he observed that Gosserand was the vehicle’s only occupant.

Moments later, Spillman said, he approached the Camry and noticed Kyle Riviere’s arm hanging out of the car’s window.

“He was conscious, but not alert. It was obvious that he was trapped in the car,” the officer said.

Spillman said he also observed “a pretty good-sized hole” in the passenger side of the Camry’s windshield.

The officer said he checked on Parker’s motionless body near a curb on False River Drive and couldn’t detect the accident victim’s pulse.

“Due to the position of her head, it was apparent that she suffered a broken neck,” Spillman said.

Paramedics on the scene determined that Parker was dead, Spillman said.

As paramedics tried to extract Gosserand from her SUV, she began yelling and cursing at them, flailing her arms around and being “very uncooperative,” Spillman testified.

“It was not like she was yelling in pain,” the officer said. “She was saying, ‘Get away from me. I don’t want you around me.’ ”

At that point, Gosserand’s father had arrived at the scene and accompanied his daughter, Spillman and paramedics to Pointe Coupee General Hospital, the officer said.

Inside the ambulance, Spillman said, Gosserand was “very uncooperative and aggressive” as a paramedic attempted to insert an intravenous tube into her arm.

During the ride in the ambulance, Gosserand yelled expletives at her father and threatened to kill him, the officer testified.

At the hospital, it took several members of the hospital’s staff, Spillman and Gosserand’s father to restrain her, Spillman said.

During cross-examination, defense attorney Jerry D’Aquila noted that Spillman filled out two accident reports in the days after the wreck but only the second report noted the odor of alcohol coming from Gosserand.

Spillman testified that he was “fatigued” when he wrote the first report on Dec. 24 and then amended the report on Dec. 28 when he remembered more details.

D’Aquila questioned how Spillman was able to witness the wreck — both cars spinning, Parker’s ejection from the Camry and note that the traffic light controlling westbound traffic was red — in such detail.

That line of questioning provoked a strong response from Assistant District Attorney Tony Clayton, who demonstrated for the court how the prosecution believes Spillman, during just a few moments, was able to mentally record key elements of the wreck.

Clayton stood at the back of the courtroom and counted to three as he walked toward Spillman seated in the witness chair.

As Clayton counted aloud, Spillman said “crash” on the count of one, “cars spinning” at the count of two and “saw the red light” at the count of three.

Monday’s hearing in 18th Judicial District Court marks the first time Gosserand, 23, 7702 Cook’s Landing, Ventress, has appeared in court in connection with the Dec. 23 wreck.

Prosecutors have said Gosserand’s blood-alcohol content was 0.30 percent, or nearly four times the 0.08 percent blood alcohol content which is considered presumptive evidence of drunken driving in Louisiana.

Throughout Spillman’s testimony, Gosserand kept her head down, occasionally wiping tears from her eyes.

She is scheduled to return to the Pointe Coupee Parish Courthouse April 8 to enter a plea on one count each of vehicular homicide and first-degree negligent injuring. If convicted, Gosserand faces between five and 30 years in prison for vehicular homicide, the more serious of the two charges.

Defense attorney Rob Marionneaux told District Judge Alvin Batiste, who is presiding over the case, that it is possible Gosserand may not be available for the April 8 court session because she is scheduled to enter “treatment.”

It is unclear if Gosserand would be required to appear for her arraignment.

After Thursday’s court session, prosecutors and defense attorneys both said the judge issued a gag order preventing them from discussing the case in public.



Prosecutorial Misconduct:an increasing problem or overblown hysteria?

North Carolina Innocence Inquiry Commission


The first Louisiana StateWide Civil Rights Conference and Forum was held October 2007 in Alexandria, Louisiana. The first "StateWide Symposium" was held in Grambling, Louisiana in February 2008.
Are you prepared for LSWCR Conference & Forum
2010-11
It is evident a StateWide Conference is necessitated. An individual was incarcerated earlier in the year, by what appeared to have been; a detaining by a "joint federal task force." On 1-7-11, the person was glared & stared at by the arresting officer, in the incident earlier this year. The arrestee has dealt with current legal matters. An amount of money will be paid to the appropriate authorities for late fees to probation and parole.

However, 'the taking' of the individual on that day by the task force, was incorrigable.