Posts Tagged ‘New Orleans Criminal Defense’
New Orleans Criminal Defense Attorney
Second Degree Cruelty to Juveniles — La RS 14:93.2.3
Second Degree Cruelty to juveniles is:
A.(1) Second degree cruelty to juveniles is the intentional or criminally negligent mistreatment or neglect by anyone over the age of 17 to any child under the age of 17 which causes serious bodily injury or neurological impairment to that child.
(2) For purposes of this Section, “serious bodily injury” means bodily injury involving protracted and obvious disfigurement or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or substantial risk of death.
B. The providing of treatment by a parent or tutor in accordance with the tenets of a well-recognized religious method of healing, in lieu of medical treatment, shall not for that reason alone be considered to be intentional or criminally negligent mistreatment or neglect and shall be an affirmative defense to a prosecution under this Section.
Whoever commits the crime of second degree cruelty to juveniles shall be imprisoned at hard labor for not more than 40 years.
This offense is considered a Crime of Violence, therefore it is not expungeable. However, it is a crime for which jail time is not mandatory — one may receive probation only.
New Orleans Drug Charge Attorney
Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense. We have defended almost every type of Drug Crime imaginable in South Louisiana. If you are in need of a New Orleans drug crime attorney, contact our office today.
Synthetic Drug 25I: A New Schedule I Drug
State health officials, top lawmakers and law enforcement personnel announce steps they have taken to ban a dangerous new drug, 25i, making it illegal in Louisiana.
This relatively new drug, 25i, also called Smiles or N-Bomb, has been added to the state’s Controlled Dangerous Substance Act, effective immediately. It is classified as a Controlled Dangerous Substance — Schedule I.
Simple Possession of 25I will carry a sentence of 4 to 10 years.
Manufacturing and Distribution of 25I will carry a sentence of 5 to 50 years.
Lawmakers began eyeing criminalizing the drug after an Arkansas man died last week in New Orleans after reportedly overdosing on 25i at a festival.
At least five people have died nationwide this year after taking 25i, including the man who died in Louisiana, according to officials. Other deaths reportedly occurred in Minnesota, North Dakota, California and North Carolina. Today, Louisiana becomes the second state, along with Virginia, to make 25i illegal.
Louisiana revised statute 40:962, gives State Health Officials authority to add new compounds as a Schedule I drug in the Controlled Dangerous Substance Act by rule if the substance has a high potential for abuse, has no currently accepted medical use in the U.S., and if there is no accepted safety use of the substance under medical supervision.
Officials said the synthetic drug is commonly manufactured in China and India, and is being sold in powder and liquid form online, which is how people access it in the United States.
New Orleans Child Pornography Attorney
Elizabeth B. Carpenter Law is uniquely qualified to defend clients who have been accused of a child pornography offense in New Orleans area. We have represented countless clients in child pornography cases in Louisiana. Some of the specific types of cases we address include the possession, production, possession, distribution or sale of child pornography in New Orleans. Our knowledge of the law and experience in child pornography defense gives us the skill you need to effectively challenge the allegations made against you.
Court Says Child Porn Victims Can Get Restitution
Child pornography victims can recover money from people convicted of viewing their abuse without having to show a link between the crime and their injuries, a federal appeals court ruled Monday.
The decision conflicts with rulings by several other federal circuits, possibly setting the stage for a Supreme Court challenge.
The 5th U.S. Circuit Court of Appeals ruled that a woman, identified as “Amy” in court documents, was entitled to restitution from Texas resident Doyle Randall Paroline and New Orleans resident Michael Wright, both of whom pleaded guilty in separate cases to possessing child pornography that included images of Amy.
Amy sought more than $3.3 million from Paroline to cover the cost of her lost income, attorneys’ fees and psychological care. A federal judge rejected her request.
Amy also sought more than $3.3 million from Wright, who had images of Amy and at least 20 other identifiable children stored on his computer. A federal judge ruled Wright owed Amy more than $500,000.
Wright argued he didn’t owe Amy any restitution because he didn’t obtain the images until years after she was abused. He also said there wasn’t any evidence that she knew he personally viewed the images.
Amy, now her early 20s and living in Pennsylvania, was a child when her uncle sexually abused her and widely circulated images of the abuse, according to court records. The National Center for Missing and Exploited Children said it has found at least 35,000 images of Amy’s abuse in more than 3,200 child pornography cases since 1998.
In at least 174 cases, Amy has been awarded restitution in amounts ranging from $100 to more than $3.5 million. James Marsh, one of her attorneys, said in January that she had collected more than $1.5 million.
Nine of the 15 judges joined in the majority opinion written by Judge Emilio Garza. The opinion said a federal statute dictates that a child pornography victim be awarded restitution for the full amount of their losses in each defendant’s case.
“Fears over excessive punishment are misplaced,” Garza wrote. “… Ultimately, while the imposition of full restitution may appear harsh, it is not grossly disproportionate to the crime of receiving and possessing child pornography.”
“No other circuit that has addressed this issue has adopted such a one size fits all rule,” he wrote. “Other circuits have given the district courts discretion to assess the amount of the restitution the offender is ordered to pay.”
Stanley Schneider, one of Paroline’s attorneys, said they will ask the Supreme Court to review the ruling.
If you need a Child Pornography Defense Attorney in New Orleans, call attorney Elizabeth B. Carpenter at 504-599-5955 or email her to schedule a consultation. Early intervention by an experienced sex crime defense attorney can make a tremendous difference in your case. We are here to help you, not judge you.
Harahan Seeks Cyber-Crimes Unit to Catch Online Sex Predators — New Orleans Criminal Defense Attorney
Louisiana Sex Crime Computer Crime Defense Attorney
If you are being accused of a Sex Crime, Computer Crime, Internet Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact Elizabeth B. Carpenter Law for a consultation.
Harahan Seeks Cyber-Crimes Unit to Catch Online Sex Predators
From the Times Picayune
Harahan moved Thursday night to establish its own cyber-crimes unit in the Police Department, hoping to catch online sexual predators who target children in the city of 9,277. The City Council voted 5-0 to request help setting up the unit from the Kenner Police Department, which started one in 2006.
Online solicitation of children in Harahan has not been known to be a problem, but Councilwoman Dana Huete said the potential is real. “With advanced technology now, our kids have iPads and iPhones, and we can’t always police what they’re doing,” said Huete, who sponsored the resolution.
Harahan has no money earmarked for the project, but Huete said it will seek a grant. Police Chief Mac Dickinson likely will assign an officer to work part-time on cyber-crime, she said.
Kenner police have made more than 50 arrests since starting their cyber-crimes unit six years ago, often using an officer posing online as an underaged girl. The suspects have been as near as Kenner and as far away as California and England, said Sgt. Robert McGraw, who staffs the Kenner unit.
“Just remember every time you’re child logs online, there are people all over the world looking to solicit them for sex,” he said.
The crime of “computer aided solicitation of a minor” became law in Louisiana on August 15, 2005.
Whoever is convicted of the crime Computer-aided Solicitation of a Minor shall Register as a Sex Offender for 25 years, to be conducted semi-annually.
If you or a loved one has been accused of a Sex Crime, you should contact a New Orleans Sex Crime Defense Attorney as soon as possible. Elizabeth B. Carpenter Law. Ms. Carpenter is dedicated to defending and protecting the rights of those accused of Sex Crimes. We are here to help you, not judge you!
Drug Possession Distribution Attorney Louisiana
The Fourth Amendment of the U.S. Constitution protects citizens against unreasonable searches. The amendment applies to government agents, like police officers. It does not apply to searches by private individuals. This protection extends to automobile searches, but it is not absolute. However, if a court finds that evidence was taken during an unlawful vehicle search, the court will not allow the prosecution to use that evidence.
Searches and Your Expectation of Privacy
A “search” can occur when a governmental agent intrudes in an area where you have a “reasonable expectation of privacy.” Deciding a “reasonable expectation of privacy” involves two questions. First, did you have an actual – meaning subjective or in your own mind – expectation of privacy? Second, would the subjective expectation of privacy be reasonable to an objective, uninvolved person?
Consent to Search
In certain situations, you may refuse to let a governmental agent search your vehicle. The agent is not required to inform you of your right to refuse. If you agree to the search, it must be voluntary – meaning you weren’t under pressure to comply. You also have the right to limit where the agent can search – the trunk but not the glove box, for example. You are free to change your mind at any time, even after the search has started.
Probable Cause to Search
A government agent with probable cause can search your car without you agreeing. Probable cause means a reason to believe the car more than likely contains evidence related to a crime. A routine traffic stop can develop into probable cause to search the vehicle. After pulling a car over for a traffic violation, a police officer might notice that the driver matches the description of someone suspected of stealing parts from automobiles. The officer also notices automobile parts in the back seat. These additional facts most likely create probable cause for the police officer to search the vehicle.
Search Incident to Lawful Arrest
When a police officer makes a lawful arrest, the officer may search not only the arrested person but also the area immediately around the arrested person – like the car the person was traveling in just before the arrest. However, this only applies if the person is arrested. If the driver is only given a traffic ticket, the police officer cannot search the vehicle. If a police officer has the choice to either issue a ticket or make an arrest, the officer must make the arrest in order to search the car.
The law surrounding searches of vehicles is complicated. Plus, the facts of each case are unique.
“The goal of every drug crime case is to not be convicted”
Elizabeth B Carpenter Law is one of the premiers law firms for Drug Crime defense. We have defended almost every type of Drug Crime imaginable in South Louisiana. When approaching a Drug Case, the first issues we examine are the client’s constitutional rights against unlawful search and seizure:
- Did the police have the right to pull our client over?,
- Did the police have the right to search our client’s home?,
- Did the police have the right to search out client’s car?
Our first goal is to try to exclude / suppress any and all evidence of a drug crime. If the evidence is suppressed, the state cannot use the evidence to convict our client. The goal in every drug crime case is to not be convicted.
If you have been arrested for Drug Possession, contact our office for a consultation. We want to protect your rights!
Criminal Defense Attorney New Orleans
Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, Tangipahoa, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.
Life-without-parole sentences for juveniles declared unconstitutional by Supreme Court
Life-without-parole sentences for juveniles are unconstitutional, according to a 5-4 opinionMonday morning from the U.S. Supreme Court that involved a 14-year-old convicted of murder in Alabama. Evan Miller was convicted of arson and murder in Lawrence County, but his life without any possibility of parole sentence violates the Constitutional protection against cruel and unusual punishment, according to the justices.
The opinion was written by Justice Elana Kagan. The ruling, which also includes a case from Arkansas, is another in a line of decisions that don’t allow the criminal justice system to give up hope that the youngest criminals can be rehabilitated.
“By requiring that all children convicted of homicide receive lifetime incarceration without possibility of parole, regard- less of their age and age-related characteristics and the nature of their crimes, the mandatory sentencing schemes before us violate this principle of proportionality, and so the Eighth Amendment’s ban on cruel and unusual punishment,” according to the opinion that was just released this morning.
The Campaign for the Fair Sentencing of Youth, which advocates for an end to lifetime mandatory sentences for youth, said that Louisiana has 332 youths serving life terms. That’s the third highest in the United States, behind only Michigan and Pennsylvania, according to the group.
“(The decision) will impact Louisiana significantly because we do have mandatory life sentences for juvenile offenses,” said Dana Kaplan, executive director of the Juvenile Justice Project of Louisiana. Kaplan, though, is reading the Supreme Court ruling, just out this morning, and says she’ll have a more thorough analysis later.
The four justices that dissented include Chief Justice John Roberts, Justice Samuel Alito, Justice Clarence Thomas and Justice Antonin Scalia.
Metairie DWI DUI Attorney
Drunken Driver Checkpoint
Will be Set up Friday Night in East Jefferson
Sheriff’s deputies will be looking for drivers who are under the influence or not wearing a seatbelt Friday night in East Jefferson. Anyone drinking and driving will immediately be arrested.
A checkpoint will be set up in an “undisclosed location,” on the east bank, according to a press release from the Sheriff’s Office.
The goal of the checkpoint is to reduce injuries and fatalities related to drinking and driving. Deputies will be at the checkpoint between 8 p.m. and 2 a.m.
Motorists are warned to have a designated driver if they will be drinking during the evening and always remember to use their seat belts.
Attorney Elizabeth B Carpenter
Ms. Carpenter has defended nearly every kind of Drinking and Driving case Imaginable. It is very important to consult a New Orleans DWI Defense Attorney immediately after a DWI arrest to preserve your driving privileges. DWI arrests are based solely on officers’ subjective opinions and machines used to measure blood alcohol content can be unreliable, especially when not administered properly. Therefore, DWI defense is very complicated and involves an intricate understanding of the scientific as well as the legal issues. Ms. Carpenter has completed courses on NHTSA DWI Detection and Field Sobriety Testing and the breath testing machine known as the Intoxilyzer 5000. These are the same courses law enforcement must take. This level of dedication to the defense of DWI charges helps Ms. Carpenter challenge the common errors that police officers make when arresting citizens for DWI in the New Orleans area. Sometimes, these errors form enough evidence to have the entire case dismissed.
Louisiana Is The World’s Prison Capital
Criminal Defense Attorney New Orleans
Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, Tangipahoa, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.
Angola Inmates Are Taught Life Skills,
Then Spend Their Lives Behind Bars
ANGOLA — People always said Johna Haynes was lucky because of the white hair that sprouted from the crown of his head since he was a baby. He acquired the nickname “Patch” from New Orleans police officers, who came to know him all too well. At 31, the patch has turned into a bald spot, the pale strands now dispersed throughout his close-cropped dark hair, leaving him prematurely gray. “And still lucky?” someone asked.
He looked around incredulously at his surroundings — a late summer Sunday afternoon in the Louisiana State Penitentiary’s west yard, men playing basketball and lifting weights, stray cats sunning themselves on concrete ledges, an idyllic scene if one did not look to the barbed wire fences in the distance.
“I’m lucky I’m alive,” he finally said.
Something — the white patch, divine intervention or just plain luck — spared Haynes from a violent death, the fate of his brother, stepfather, stepbrother, cousin and innumerable friends. It did not spare him from another well-traveled path out of the Florida public housing complex: the winding, achingly bucolic bus ride to the penitentiary commonly known as Angola, where his own father served more than a decade and where Haynes is slated to spend the rest of his life without the possibility of parole.
Haynes estimates he stole at least 160 cars and committed at least 130 robberies in a brief, prolific criminal career before he was locked up forever at the age of 21. When he worked at a Shoney’s restaurant in Metairie, he never once took the bus — he always arrived in style on stolen wheels. The guns he took from parked cars at Carnival parades or the Bayou Classic became the guns he carried while selling drugs and the guns he used to rob people.
He was shot at many times and watched others die, but he was never hit. Nor, he said, has he ever killed anyone. His dangerous lifestyle caught up to him in a different way — life without parole for pointing a gun at a man and making off with his car and valuables. Two previous convictions, for stealing a car and for trying to escape from police custody, made Haynes a habitual offender. A young thug was off the streets for good.
Louisiana leads the nation in the percentage of its citizens serving life without parole, fueling the state’s world-leading incarceration rate. Angola is clogged with prisoners who will grow old and die there. Like Haynes, many arrived as young African-American men from rough neighborhoods who wrote themselves a ticket to either prison or an early death by embracing the lawless ethos of their peers.
Some criminal justice experts believe life without parole should be reserved for heinous murders, solely as an alternative to the death penalty. The U.S. Supreme Court recently did away with the sentence for juveniles who have not committed murder; Haynes was barely out of his teens during his final armed robbery.
Yet it may have been Angola, and a life sentence, that saved Johna Haynes. Now, he wants a chance to show that he has changed.
A gun-toting menace does not transform overnight into a model inmate with a Bible in his back pocket.
Wilbert Rideau, the condemned murderer turned world-famous prison journalist who was freed in 2005, writes in his memoir that his own awakening at Angola came about gradually. Through reading books, he discovered a world beyond the brutal, impoverished one he knew.
Arriving at Angola in August 2002, Haynes spent more than a year laboring in the fields and living in a tiny cell among the worst of the worst. Good behavior eventually made him eligible for a spot in the main prison, with its dormitory-style sleeping quarters, vocational classes and inmate-led clubs. Once considered the bloodiest prison in the country, Angola is now known for giving lifers, who make up nearly three-quarters of its population, the chance to build meaningful lives behind bars, even as they are unlikely to taste freedom again.
Murderers and rapists have embraced the prison’s wholesome, Christian-influenced values. Cursing is banned for inmates and staff alike. Violence is rare in the minimum- and medium-security dormitories where most of the 5,100 inmates live. The men make wooden toys for needy children, teach each other the piano or banjo, preach through self-run religious organizations and entertain the public at the famous twice-yearly rodeo.
A seventh-grade dropout, Haynes completed his GED certificate and studied auto mechanics. He began reading on his own, partaking of the “locker library” run by literary-minded inmates who trade well-worn paperbacks out of the metal chests that hold all their earthly possessions. He became a devout Christian.
As with Rideau a generation ago, it was not any one moment but an accumulation of small moments that made the armed robber into the bookworm. It took being in prison, completely cut off from his old ways, for Haynes to realize that the law of the jungle — preying on the weak, selling drugs, getting killed over a few hundred dollars or a down jacket — was not the way most people lived.
Haynes is now a sophomore in the Angola Bible college, an extension of the New Orleans Baptist Theological Seminary — the only bachelor’s program open to prisoners, leading to a B.S. in Christian ministry. He hopes his four children — a son, two daughters and a stepdaughter — will have the future he did not.
“The change I’ve undergone is for the best, because had I not straightened up I would most likely be as many of my friends who are deceased,” Haynes wrote in a letter. “It hurts me to know that a lot of them lost their lives before they even got to see life. But that pain has an element of positivity to it because I use it as fuel to power my dreams.”
Getting an Education
Angola is like a 9th Ward reunion. The man who used to sleep in the bunk above Haynes was a classmate from Carver Elementary. Haynes’ uncle is a fellow inmate. More than a dozen friends from the old neighborhood are now permanent companions at “The Farm.”
At Haynes’ urging, his two younger brothers moved to rural north Louisiana after Hurricane Katrina to escape the temptations of the street. Dwight Haynes made a new life for himself in Winnsboro.
The other brother, June, went back to New Orleans and was shot dead last February, at age 21. Johna Haynes called the killing “the worst thing that’s happened to me since I’ve been living.”
“There’s always periods in your odyssey where you feel like, ‘Man, I’m ready to leave this alone. I want to be with my kids. I want to have a family. I’m tired of looking behind my back,’ ” Haynes said. “But you just don’t have the education to get a job that’s going to provide for you. That I’m going to be a CEO today? You can’t say that. You can be a laborer; you can be a burger flipper or something like that.”
In prison, Haynes is finally getting the education that could have led to a better job on the outside. Heading to a tutorial for an electrician certification exam, Haynes grabbed a book to supplement the Bible he always carries. “I need something to read if there’s any down time,” he explained. His possessions, spread on his narrow bunk, could be cleaned up later. No one would steal from him, he said, since he has long ago established his reputation as someone not to be messed with.
A husky 6 feet 2 inches tall and weighing 280 pounds, Haynes has a broad face that breaks easily into a bemused grin when recounting the absurdities of his former criminal lifestyle. A tattoo of his mother’s name, Rachel, is visible above the neckline of his prison-issue white T-shirt. Janay, for his oldest daughter, is inked on his left arm, near a long scar where he was stabbed as a teenager in a fight over a girl. In 10 years, he has left the 18,000-acre prison once, to receive treatment for a stomach ailment.
To stay abreast of new technology and avoid becoming a Rip Van Winkle if he is ever released, he saves news clippings about Facebook and Twitter. He reads a trade magazine for chief financial officers, in case he achieves his dream of running a mobile car detailing and air-conditioning repair business. The flashcards he keeps in his jeans pockets are covered with words he wants to remember: “verve,” “esplanade,” “tetchy,” “detritus,” “paleontologist,” “saké.”
When he was running the streets, he had no need for books. Now, his body trapped, the life of the mind beckons. Cicero, Khalil Gibran, George Bernard Shaw and the 18th century theologian Jonathan Edwards are a refuge from the humiliating routines of prison life — stopping whatever you are doing to be counted three times a day; eating beans, rice and cornbread when you crave a pork chop; sleeping in an un-air-conditioned dorm with 80 other men at the height of Louisiana summer. Over the years, Haynes has scrounged a few extra towels to stuff under his bedsheet, making the stiff plastic mattress a touch more comfortable.
“I saw the cherry blossoms from Angola; reading is my escape,” he wrote of the Japanese novel “The Makioka Sisters,” set in pre-World War II Osaka.
‘A more moral person’
By Haynes’ own reckoning, he would have remained a thug at heart, ready to resume terrorizing innocent New Orleanians, had he received a shorter sentence at a prison that did not offer as many opportunities for self-improvement. He is unexpectedly candid in acknowledging that he needed a life sentence to appreciate the value of his life. But there needs to be an out, he said, a way to show that, after 10, 20 or 30 years behind bars, he is no longer a threat to society.
Louisiana lifers used to get out on parole after serving 10 years and six months. The law was changed in 1979 to “life means life.” Since then, Angola has been filling up with men who, barring a rare reprieve, will spend the rest of their lives there. The pardon board only intervenes in extraordinary cases, and even then, governors are reluctant to sign the release papers, fearing a politically damaging relapse.
“See, a lot of time when dudes come to prison, if their sentence is short, they can’t wait to go home,” Haynes said. “You have to put the person in the situation where it’s like cornering a cat. You’re going to go into this corner, and the only way you’re going to come out is as a changed person. If I’d had five years or 10 years, I don’t think I would have made this type of change.”
For Haynes and others like him, change means scrapping a violent, revenge-filled moral code reminiscent of the Hatfields and McCoys. The code requires that he kill anyone who disrespects him or his family. It allows, even expects, that he steal: “If I want it and he got it, I’m ‘a get it’ (from him),” in Haynes’ words.
Yet Haynes recalls simple acts of kindness from his youth in New Orleans, the nation’s most murderous city. He looked after a paralyzed neighbor, giving beer and massages to the wheelchair-bound man. He entered narrow passageways ahead of his companions to protect them from any gunfire that might be directed at him.
Troy Delone, one of Haynes’ closest friends at Angola, has become a religious man and a scholar in prison. When the two met in 2003, they were close in age, both from New Orleans housing projects, both deciding whether to try something new or keep bucking the system.
“Should I put myself in prison, while in prison? Stay in the cell blocks, Camp J — when is this going to stop?” as Delone put it, referring to the maximum-security parts of Angola where troublemakers reside with limited access to recreation or education.
Delone, 33, is a senior in the Bible college and a mentor in the Orleans Parish Criminal Court’s re-entry program for young offenders. He is serving two sentences of life without parole for a pair of armed robberies.
“Although he wasn’t that much on a positive road, he was always intelligent, book-wise,” Delone said of his friend. “Since then, he’s enhanced that. He’s grown spiritually and become a more moral person. More of the old Johna is diminishing, and he’s becoming a new person.”
Delone himself has changed so much in speech and manner that his street cred has diminished. The younger inmates he mentors regard him with wariness until he convinces them that he grew up in the Iberville projects and used to be just like them.
The other day in class, Haynes impressed John Robson, the college’s director, with an impassioned speech about the corrupt values he once lived by. A second-year student in a class of 100, he is a standout.
“He is really articulate. He is exceptional in his articulation, very transparent. He’s a blue-chipper,” Robson said.
Born to a Life of Crime
Although he barely knew his father, Haynes followed square in the old man’s footsteps. When he was born on Jan. 19, 1981, his father, Melvin Jones, was serving time at Angola for killing a man in a bar fight. When Haynes entered prison himself, his then-girlfriend was pregnant with his son, Johna Jr., now 10.
Haynes’ role model growing up was an older cousin named Turk, who schooled him in the ways of the street. By the time Turk died at 19 in a hail of semiautomatic fire, he had taught his protege well. Young Johna knew how to steal without the slightest prick of conscience, to keep a handcuff key in his pocket in case he was arrested, to target Dodges, Chryslers and Jeeps because they did not need to be hot-wired but could be started with a screwdriver in the ignition. He sold his first drugs at 11, pocketing a commission from a crack dealer who feared the buyers were undercover agents. At 13 and 14, he was peddling rocks with Turk in the Calliope housing project.
His mother, Rachel Haynes, who gave birth to him when she was 14, stayed in an abusive relationship with Johna’s stepfather for years before striking out on her own. She raised five children on welfare and then on a restaurant cook’s meager salary.
Johna, her oldest, was a bright student, but finishing his assignments early only gave him more time to goof off in class. After he dropped out in seventh grade, the authorities made him enroll in alternative schools, but he never lasted long.
“I was a single parent. I did the best I could. He was always in trouble,” Rachel Haynes said. “I told him, ‘Johna, you have to stop. The streets are going to catch up to you.’ … I wish he would have changed when he was out here and I was begging him to change.”
Stints in Orleans Parish Prison did nothing to scare Johna straight. At 18, riding in a stolen car on the way to a party, he tried to rob two men of their gold jewelry using a pellet gun. One of the victims had a real gun and shot Haynes’ 13-year-old friend. Even though he knew the police would come looking for him, Haynes kept vigil at the hospital for his young friend, who died that night.
In the squad car, Haynes’ handcuff key served its purpose. He jimmied the lock and made a run for it. He was never prosecuted for the attempted pellet gun robbery but was sentenced to a year for the attempted escape.
“I’m really not sure how many cars I stole. A number like 160 is pretty high, but it might be low,” Haynes wrote recently. “I remember a time when I was counting all the people I’ve robbed — I got up to 134 or 130. I hate these numbers! But guess what, I have no secrets. I appreciate where I’ve been, it just makes where I’m headed more beautiful. As for the cars, I’ll go with the 160, though it’s modest.”
On June 11, 2001, nearly a year after his release from prison, Haynes shoved a lady’s stocking over his head and pulled a gun on a man named Curtis Aubry outside an auto body shop on St. Roch Avenue. He grabbed Aubry’s possessions — two rings, a watch, a bracelet and $500 — and took off in Aubry’s car.
“It’s like once you do it, it’s addictive, it gratifies. Why sell drugs for 12 hours when you could steal it from someone?” Haynes said, recalling his former mindset.
After a half-day trial, an Orleans Parish jury found the 20-year-old guilty of armed robbery. Judge Julian Parker gave him the maximum — 99 years without parole — before then-District Attorney Harry Connick’s office upped the ante, charging him as a triple offender. On May 24, 2002, Parker resentenced him to life without parole.
Four days after Haynes committed his final armed robbery, the law changed. Louisiana legislators decided the two prior offenses on a multibill had to be more serious than those Haynes had racked up for auto theft and the escape attempt. The change did not apply to crimes that occurred before that date.
For Haynes, the downgrade would have made little difference, even had it applied retroactively. Ninety-nine years without parole for the armed robbery — a crime he admits he committed — still would have put him behind bars for the rest of his life.
Burl Cain is perhaps the most famous prison warden in the country because of the many films and books documenting life at Angola. Short and heavyset, his square face topped by a thatch of white hair, he delivers bon mots in a thick Louisiana drawl.
“Thug,” “pure rogue” and “animal” are some of the terms he uses to describe many of the newly convicted criminals entering his prison.
Yet he is a firm believer that “really horrible people” can change. Even Telly Hankton, who recently shocked New Orleans with the audacity of his brutal revenge killing and attempts to tamper with the justice system, could become a new man at Angola.
“I won’t be here, but in 25 or 27, 28 years, it’ll be interesting to see what he’s like,” Cain said of Hankton.
Louisiana is one of six states where all life sentences are handed down without the chance of ever going before a parole board. First- and second-degree murderers automatically receive life without parole, on the guilty votes of as few as 10 of 12 jurors.
Nearly 12 percent of Louisiana inmates, or more than 4,500 people, are serving life without parole — the highest proportion in the nation, according to a Sentencing Project report. While most have committed violent crimes, nearly one in 10 are locked up forever on drug or other nonviolent offenses. Three in four are African-American men.
In Texas, less than 1 percent of state prisoners are serving life without parole; the figure in Tennessee is 1.3 percent.
Cain sides with those who find the sentence morally objectionable because it assumes a person cannot be rehabilitated. Lifers like Johna Haynes should get periodic hearings before a parole board, Cain said — by no means a guarantee of release, but a chance to prove that a drastic transformation has taken place, provided the victim does not voice strong objections.
“I absolutely don’t believe in it,” Cain said, “because when you say, ‘Life without parole,’ you’ve given up on the criminal and said, ‘You cannot be helped and therefore you’re going to stay in jail until you die.’ ”
At Angola, a new arrival cannot be housed unless someone else is transferred out or dies. With three-quarters serving life without parole and one-quarter at least 50 years old, medical costs are skyrocketing at the same time the budget is shrinking due to state cutbacks. The much-praised hospice program, where younger inmates care for the dying, was born of necessity. At an average of $63.15 a day, a lifer who enters prison in his early 20s will cost taxpayers over $1 million if he lives past age 70.
Once a slave plantation, Angola is still a working farm, with thousands of acres of corn, peas, squash, beans and other crops under cultivation. But there are no longer enough able-bodied inmates to work the fields — only about 300 or 400, compared with 1,000 in past decades. The rest are too old or have graduated to other work assignments. Last year, Angola had to import workers from another state prison to bring in the harvest.
“I’m worried about prison being a place for predators and not dying old men,” Cain said. “That’s what it’s really for, and I want predators, sleeping in these beds, that’s going to hurt you — instead of a bunch of old men that’s creeping around on their last legs costing my budget a fortune.”
Cain occasionally advocates for inmates before the pardon board, but only a select few he believes have zero chance of committing another crime. By the time a man is into his 50s, “criminal menopause” has set in, with statistics showing older parolees much less likely to become repeat offenders. Known for infusing Angola with religion, Cain said Christianity provides a convenient package of values but is not the only path to change.
Rehabilitation is a slow process. It takes at least 10 years for change to take root, Cain said, and more like 20 to 25 to completely exorcise the criminal within. By that measure, Haynes is only halfway there. Even if he truly changes, his path to freedom is narrow. The law that allowed for his life sentence is no longer on the books, but at every stage, the odds are heavily stacked against tampering with a court’s verdict.
For tough-on-crime advocates, long sentences remove dangerous people like Johna Haynes from the streets, while also acting as a deterrent. People are capable of changing, but they should not be released from the penalty they brought on themselves, said Irv Magri, a former New Orleans police officer and president of the victims rights group Crimefighters.
“It may be harsh, but if you could pass a bill requiring life imprisonment for anyone pushing heroin or cocaine above a certain number of grams, I’m telling you, your crime rate is going to drop tremendously. They’re going to go somewhere else,” Magri said.
Hope For His Children
In ornate, left-tilting script, Haynes writes letters to his four children, taking care with his grammar and spelling to set a good example. He urges them to stay in school and out of trouble, to aspire to college and a good career, to not let the many family tragedies get them down.
They rarely write back. Instant gratification from video games and text messages is much closer at hand. He settles for annual visits at the prison’s Returning Hearts family day. His mother, who does not own a car and says she has not been able to arrange transportation, has not seen her son since he got married at Angola in 2005, a few months before Katrina. She has troubles of her own, recently serving time on a heroin charge and dealing with the shooting death of her youngest son, June.
Haynes and his former wife Esther, who is Johna Jr.’s mother, have since divorced, though he still considers her his “ideal.”
Janay, the daughter he had before he met Esther, is attending high school in Philadelphia, where she settled after Katrina.
Domonique — Esther’s daughter and Hayne’s stepdaughter — is a senior at Warren Easton High School. She aspires to be an attorney and interned for Orleans Parish Juvenile Court Chief Judge Ernestine Gray last summer.
Kayla, Haynes’ youngest daughter, also wants to be an attorney, but at 14, she has not been attending school. She experienced the juvenile justice system from the defendants’ side after stabbing another girl on the school bus. Two of her uncles, including Haynes’ brother June, died within a year of each other. There is only so much her father can do from prison, but his words carry weight because of his own troubled past.
“I think the only thing I can do while I’m in prison is write to her and encourage her,” Haynes said. “When I talk to her, she listens. We have this bond, this connect, between each other. She knows what I’m saying is true, what I’m saying is real.”
Between his studies, church and rehearsals for his gospel rap group, Haynes has little spare time. He usually plays on prison basketball teams but has been sidelined due to an Achilles injury. He is a regular at the law library, researching cases that might move his appeal forward, though success, especially without an attorney, is an extreme long shot.
Believing he will leave Angola someday requires a leap of faith. Does he ever picture himself as one of those elderly inmates in a wheelchair, a common sight at the prison? No, that would be too dangerous. He believes because he has to, because if he stops believing, he might stop his relentless quest to learn more, to become better, to guide his children in the right direction, to keep the old Johna at bay.
Never mind that during a decade behind bars, his lucky patch has vanished, leaving only scattered strands of gray. According to his newfound religion, God protected him on the streets of New Orleans when bullets flew, God is watching him behind the gates of Angola, and God will rescue him from the unyielding weight of life without parole when the time comes.
“I was a terrible kid. I was terrible,” Haynes said. “I look back on it and I say, ‘Man, God had to be with me,’ because there was a lot of times I should have been dead, a lot of times I’ve been shot at, a lot of things I did, that I didn’t want to be living. But God sees otherwise.”
New Orleans White Collar Crime Defense Attorney
Cheating and Swindling — La RS 14:67.18
A. It shall be unlawful for any person who by any trick or sleight of hand performance, or by fraud or fraudulent scheme, cards, dice, or device, for himself or another, wins or attempts to win money or property or a combination thereof, or reduces a losing wager or attempts to reduce a losing wager, increases a winning wager or attempts to increase a winning wager in connection with gaming operations.
B.(1) Whoever violates the provisions of this Section when the value of such money or property or combination thereof or reduced or increased wager amounts to a value of one thousand five hundred dollars or more shall be imprisoned, with or without hard labor, for not more than ten years, or may be fined not more than three thousand dollars, or both.
(2) When the value of such money or property or combination thereof or reduced or increased wager amounts to a value of five hundred dollars or more, but less than a value of one thousand five hundred dollars, the offender shall be imprisoned, with or without hard labor, for not more than five years, or may be fined not more than two thousand dollars, or both.
(3) When the value of such money or property or combination thereof or reduced or increased wager amounts to less than a value of five hundred dollars, the offender shall be imprisoned for not more than six months, or may be fined not more than five hundred dollars, or both. If the offender in such cases has been convicted of cheating and swindling two or more times previously, upon any subsequent conviction he shall be imprisoned, with or without hard labor, for not more than two years, or may be fined not more than two thousand dollars, or both.
Facing an indictment for a white collar crime is one of the most difficult experiences one could possibly endure. In addition to whatever consequences a conviction might bring, including prison time and permanent felony conviction on your record, a white collar crime charge can do lasting damage to your reputation and tear apart your family, even if you are not convicted. Elizabeth B. Carpenter, Law understands the stress that you are experiencing. Our job is to minimize any potential damage to your future and protect your rights.
New Orleans Criminal Defense Attorney
Serving Clients in Orleans Parish, St. Tammany Parish, St. John Parish, St. James Parish, St. Bernard Parish, St. Charles Parish, Assumption Parish, Tangipahoa Parish, Terrebonne Parish, Plaquemines Parish and Jefferson Parish.
Fraudulent Portrayal of a Law Enforcement Officer or Firefighter — 14:112.2
Fraudulent portrayal of a law enforcement officer or firefighter is the impersonation of any law enforcement officer or firefighter for the purpose of obtaining access to a public building, facility, or service. The fraudulent portrayal includes but is not limited to any of the following:
(1) Portraying or impersonating a law enforcement officer or firefighter by any means.
(2) Possessing, without authority, any uniform or badge by which a law enforcement officer or firefighter is identified.
(3) Performing any act purporting to be official while portraying a law enforcement officer or firefighter.
(4) Making, altering, possessing, or using a false document or document containing false statements which purports to be a training program certificate or in-service training certificate or other documentation issued by the Council on Peace Officer Standards and Training, pursuant to R.S. 40:2405, which certifies the peace officer has successfully completed the requirements necessary to exercise his authority as a peace officer.
(5) Making, altering, possessing, or using any false documents or credentials which purport to identify the person as a law enforcement officer or firefighter.
For the purposes of this Section, “law enforcement officer or firefighter” shall include police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, firemen, and probation and parole officers.
”Access to a public building, facility, or service” includes but is not limited to the following:
(1) Free and unhampered passage on and over toll bridges and ferries in this state.
(2) Free passage on and over the Crescent City Connection Bridge at New Orleans.
(3) Free passage on any tollway as defined in R.S. 48:2021(17).
(4) Free parking at any parking facility owned by the state or any of its political subdivisions.
(5) Free admission or reduced price admission to any entertainment, cultural, or sporting event.
Whoever commits the crime of fraudulent portrayal of a law enforcement officer or firefighter shall be fined not more than $1,000.00 dollars or imprisoned with or without hard labor for not more than 2 years, or both.