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Louisiana Sheriffs Hid a Gun That Could Free a Man,Then Blamed Hurricane Katrina
Posted on 8/9/16 at 1:22 pm
Posted on 8/9/16 at 1:22 pm
LINK
quote:
RESERVE, Louisiana — One gun took away Arizona Batiste’s freedom, another gun could give it back.
Batiste has been locked up for the past 21 years for the 1993 murder of Leonardo Alexander in what he says was an act of self-defense because Alexander pulled a gun on him. Batiste was convicted by a jury that didn’t buy his claim because Alexander’s weapon was never found by sheriff’s deputies working the crime scene.
During Batiste’s trial, there was some doubt among jurors about the deputies’ version of events and they voted 10-2 to convict. In 48 states, it would’ve been declared a mistrial but Louisiana and Oregon do not require unanimous decisions.
In fact, deputies did recover a pistol matching the description of Alexander’s handgun on the morning after the murder, according to recently uncovered documents obtained by The Daily Beast. The documents also show the district attorney’s office was aware of the gun’s existence but did not disclose it to Batiste’s defense counsel before his trial—a clear violation of his right to due process and grounds for petitioning for a new trial.
quote:
The Katrina Lie
When Batiste’s new lawyer, Brown, uncovered the fax about the handgun, she confirmed with the sheriff’s office was still in possession of the actual gun. As soon as Alexander appealed for a new trial, the sheriff’s department became less forthcoming, Brown said.
“The DA says there’s nothing else there,” she says she was told after asking for any other new evidence.
After repeated delays and interference by the DA’s office, sheriff’s case files were eventually provided to The Daily Beast but a large number of files were missing, including the fax about the handgun and another key interview with Jerry Lewis.
The sheriff’s department blamed Hurricane Katrina.
“The sheriff’s file for this case was maintained in a trailer which I am told was destroyed in Hurricane Katrina in August 2005,” Carl Butler, the sheriff office’s lawyer, said.
Katrina was a category 5 hurricane that hit Louisiana on Aug. 29, 2005 and killed more than 1,000 people in New Orleans and displaced another 400,000. Parts of the city were submerged under 10 feet of water during the storm.
But St. John the Baptist Parish didn’t flood. Instead, it served as a staging area for recovery efforts into the flooded city.
Posted on 8/9/16 at 1:28 pm to iPadThai
quote:
During Batiste’s trial, there was some doubt among jurors about the deputies’ version of events and they voted 10-2 to convict. In 48 states, it would’ve been declared a mistrial but Louisiana and Oregon do not require unanimous decisions.
Just a passing comment on this as they kind of throw it in there. The 10-2s can be for a variety of reasons. For example, on a murder trial I sat on, we had a 10-2 verdict. No one doubted his guilt, but they weren't sure they could convict for Murder 2, and were leaning Manslaughter (Mostly because they didn't understand what manslaughter is, but I digress). Being the foreman, I wasn't about to waste 5 more hours trying to get a unanimous verdict if I didn't need it.
ETA: By the way, this sounds pretty fricked up.
This post was edited on 8/9/16 at 1:30 pm
Posted on 8/9/16 at 1:29 pm to iPadThai
quote:
documents also show the district attorney’s office was aware of the gun’s existence but did not disclose it to Batiste’s defense counsel before his trial
In cases like this the prosecuting attorney should see jail time in my opinion.
Posted on 8/9/16 at 1:29 pm to iPadThai
21 years... Man deserves whatever amount he is given and then some. The DA and anyone else who had knowledge of it should serve the same sentence this man just served. Absolutely ridiculous that they would attempt to withhold evidence that could free a man. How TF can you sleep at night ruining another human's life like that?
Posted on 8/9/16 at 1:32 pm to AwesomeSauce
quote:
How TF can you sleep at night ruining another human's life like that?
I haven't read the entire story, but some of these cases involve the idea that the cops "know" the defendant is a piece of shite, so they convince themselves they are doing a "good thing" by these kind of actions.
It's basically what the whole Steven Avery thing is about. Making sure someone who probably did it go away or in this case, maybe someone you know who had done other things, so you pin this one on them.
You can convince yourself to do a lot of shady stuff that way. Terrible for our system of course.
This post was edited on 8/9/16 at 1:45 pm
Posted on 8/9/16 at 1:38 pm to Teddy Ruxpin
I would think the other guy "victim" was a POS also
Posted on 8/9/16 at 1:39 pm to Topwater Trout
quote:
I would think the other guy "victim" was a POS also
They were going for the 2 for 1 special
Posted on 8/9/16 at 1:41 pm to iPadThai
Not all cops are pigs, but the swine involved in shite like this need to be lined up in the street and summarily executed when their treachery comes to light.
Posted on 8/9/16 at 1:50 pm to iPadThai
quote:
The documents also show the district attorney’s office was aware of the gun’s existence but did not disclose it to Batiste’s defense counsel before his trial
This should be a big boy crime with the same amount of years behind bars that the defendant got.
Absolute disgrace.
Posted on 8/9/16 at 1:53 pm to LSU0358
quote:If what the daily beast is reporting is true, I agree the sheriffs and the DA should do time.
In cases like this the prosecuting attorney should see jail time in my opinion.
Posted on 8/9/16 at 1:57 pm to The Mick
quote:
If what the daily beast is reporting is true, I agree the sheriffs and the DA should do time.
Is it a crime in LA to withold evidence and knowingly prosecute an innocent person? Unethical, absolutely, but criminal? If not, WTF?
Posted on 8/9/16 at 2:02 pm to iPadThai
With stories like this, I don't understand why anyone in their right mind would ever in a million years talk to the police outside of basic common courtesy.
Before any of you bootlickers have aneurysm, the day I start trusting police enough to talk to them will be the same day they trust me enough to leave their gun in the car.
Before any of you bootlickers have aneurysm, the day I start trusting police enough to talk to them will be the same day they trust me enough to leave their gun in the car.
Posted on 8/9/16 at 2:03 pm to Teddy Ruxpin
quote:
It's basically what the whole Steven Avery thing is about.
Or OJ.
Posted on 8/9/16 at 2:12 pm to NYNolaguy1
quote:
The documents also show the district attorney’s office was aware of the gun’s existence but did not disclose it to Batiste’s defense counsel before his trial
The article says that the DA's office informed one of the defense attorneys (Snowdey) about it the morning of the trial, and he admits that he told his co-counsel and the defendant about it, even though co-counsel says he never knew about it:
quote:
The district attorney’s office claims that this second gun was not concealed from Batiste’s lawyers and was provided to one them, Sterling Snowdy, on the morning of the trial. Snowdy is now a judge in St. John the Baptist parish.
“According to testimony, on the morning of the trial, Assistant District Attorney, GeorgeAnn Graugnard, phoned defense attorney, J. Sterling Snowdy, and notified him about the gun,” wrote Judge Madeline Jasmine at a hearing for post-conviction relief, denying Batiste’s earlier claim that prosecutors suppressed evidence. “There is no excuse for the State withholding this information until the morning of the trial,” wrote Jasmine. “A continuance [delay] of the trial would have been warranted, but the record does not suggest that a continuance was requested.”
If Batiste’s lawyers did know about the gun, they never used it in court. “Mr. Snowdy [now the Honorable Judge Snowdy] developed no testimony regarding this gun and did not introduce the gun at trial,” read Batiste’s post conviction relief application.
Meanwhile, Batiste’s other lawyer, Richard Millet, said he had no idea there was a second gun. “I did not know about the existence of a gun, other than the shotgun,” he said at a hearing on May 19. Millet explained that he would have shown witnesses pictures of the gun to have them identify it, had it tested for ballistics, and used it as evidence. He said it would have affected his decision to put Batiste on the witness stand.
“I shared it with both people,” Snowdy said.
If one of his attorneys knew about the existence of ANY gun that could possibly be used to assert a Self-Defense claim, then there should have been some questioning about it and Post-conviction relief based on ineffective assistance, might be able to fly
And while the Da's office informed him late about the gun, it says
quote:
On Dec. 29, 1995, shortly before the trial, Deputy Schaeffer faxed a file to St. John Assistant District Attorney GeorgeAnn Graugnard that said a silver handgun recovered in the Batiste investigation was being held by the sheriff’s office for “safekeeping.”
So its possible the ADA didnt know about it til right before the trial
Defense counsel should have requested a continuance to have it tested if he knew about it
Posted on 8/9/16 at 2:19 pm to ManBearTiger
quote:Nope. That is an easy, easy way out. Every one involved in covering up this man's freedom should serve 21 hard years of slave labor
Not all cops are pigs, but the swine involved in shite like this need to be lined up in the street and summarily executed when their treachery comes to light.
Posted on 8/9/16 at 2:20 pm to iPadThai
Why would the police department and DA conspire to put this guy in jail. Was it simply pride and arrogance? Did they have it out for this particular guy. Citizens kill other citizens in self defense rather often. Hope this guy takes wins his freedom and takes them to the bank.
Posted on 8/9/16 at 2:25 pm to NYNolaguy1
quote:I don't know if its actually criminal or if they're protected by their job title. Regardless it happens all the time and the prosecutors or LE rarely face any consequences if any. The DA for the Duke lacrosse case who was a filthy dirty scumbag did 1 day in jail and that was landmark.
Is it a crime in LA to withold evidence and knowingly prosecute an innocent person? Unethical, absolutely, but criminal? If not, WTF?
Posted on 8/9/16 at 2:36 pm to The Mick
quote:
don't know if its actually criminal or if they're protected by their job title. Regardless it happens all the time and the prosecutors or LE rarely face any consequences if any. The DA for the Duke lacrosse case who was a filthy dirty scumbag did 1 day in jail and that was landmark.
Sadly the odds of withholding evidence becoming a crime are practically zero because the DA's and Sheriff Deputies Associations control the state legislature.
Posted on 8/9/16 at 2:43 pm to NYNolaguy1
They did something similar in Bogalusa.
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