Posts Tagged ‘one of the best criminal defense lawyers in new orleans’
Attempt to Commit a Crime — Louisiana
March 15, 2013
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter — Criminal Defense Attorney for New Orleans Area
Attempt to Commit a Crime — La RS 14:27
Any person who, having a specific intent to commit a crime, does or omits an act for the purpose of and tending directly toward the accomplishing of his object is guilty of an attempt to commit the offense intended; and it shall be immaterial whether, under the circumstances, he would have actually accomplished his purpose.
Mere preparation to commit a crime shall not be sufficient to constitute an attempt; but lying in wait with a dangerous weapon with the intent to commit a crime, or searching for the intended victim with a dangerous weapon with the intent to commit a crime, shall be sufficient to constitute an attempt to commit the offense intended.
Further, the placing of any combustible or explosive substance in or near any structure, watercraft, movable, or forestland, with the specific intent eventually to set fire to or to damage by explosive substance such structure, watercraft, movable, or forestland, shall be sufficient to constitute an attempt to commit the crime of arson as defined in R.S. 14:51 through 53.
An attempt is a separate but lesser grade of the intended crime; and any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was actually perpetrated by such person in pursuance of such attempt.
Whoever attempts to commit any crime shall be punished as follows:
If the offense so attempted is punishable by death or life imprisonment, he shall be imprisoned at hard labor for not less than 10 nor more than 50 years without benefit of parole, probation, or suspension of sentence.
If the offense so attempted is punishable by death or life imprisonment and is attempted against an individual who is a peace officer engaged in the performance of his lawful duty, he shall be imprisoned at hard labor for not less than 20 nor more than 50 years without benefit of parole, probation, or suspension of sentence.
If the offense so attempted is theft or receiving stolen things, and is not punishable as a felony, he shall be fined not more than 200.00 dollars, imprisoned for not more than 6 months, or both.
If the offense so attempted is receiving stolen things, and is punishable as a felony, he shall be fined not more than 200.00 dollars, imprisoned for not more than 1 year, or both.
If the offense so attempted is theft of an amount not less than 300.00 dollars nor more than 5,000.00 dollars, he shall be fined not more than 500.00 dollars, imprisoned for not more than 1 year, or both.
If the offense so attempted is theft of an amount over 5,000.00 dollars, he shall be fined not more than 2,000.00 dollars, imprisoned, with or without hard labor, for not more than 5 years, or both.
In all other cases he shall be fined or imprisoned or both, in the same manner as for the offense attempted; such fine or imprisonment shall not exceed one-half of the largest fine, or one-half of the longest term of imprisonment prescribed for the offense so attempted, or both.
If you or a loved one is facing a criminal offense, contact New Orleans Criminal Attorney Elizabeth B. Carpenter for a consultation. We are ready to start working on your case today!
Overview of Battery Laws in Louisiana
May 12, 2012
New Orleans Battery Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Premiere 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.
Battery Defined — 14:33
Battery is the intentional use of force or violence upon the person of another; or the intentional administration of a poison or other noxious liquid or substance to another.
Simple Battery — La R.S. 14:35
Simple battery is a battery committed without the consent of the victim.
Whoever commits a simple battery shall be fined not more than $1,000 or imprisoned for not more than 6 months, or both.
Aggravated Battery — La RS 14:34
Aggravated battery is a battery committed with a dangerous weapon.
Whoever commits an aggravated battery shall be fined not more than Five Thousand Dollars, imprisoned with or without hard labor for not more than 10 years, or both.
Second Degree Battery — La RS 14:34.1
Second degree battery is a battery when the offender intentionally inflicts serious bodily injury; however, this provision shall not apply to a medical provider who has obtained the consent of a patient.
For purposes of this Section, “serious bodily injury” means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
Whoever commits the crime of second degree battery shall be fined not more than $2,000 dollars or imprisoned, with or without hard labor, for not more than 5 years, or both.
Aggravated Second Degree Battery — La RS 14:34.7
Aggravated second degree battery is a battery committed with a dangerous weapon when the offender intentionally inflicts serious bodily injury.
For purposes of this Section, “serious bodily injury” means bodily injury which involves unconsciousness, extreme physical pain or protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty, or a substantial risk of death.
Whoever commits the crime of aggravated second degree battery shall be fined not more than $10,000 dollars or imprisoned, with or without hard labor, for not more than 15 years, or both.
Simple Battery of the Infirm — 14:35.2
Battery of the Infirm is a battery committed against an infirm, disabled, or aged person who is incapable of consenting to the battery due to either of the following:
(1) Advanced age.
(2) Unsoundness of mind, stupor, abnormal condition of the mind, or other mental or developmental disability, regardless of the age of the victim.
“Infirm, Disabled, or Aged Person” includes but is not limited to any individual who is a resident of a nursing home, mental retardation facility, mental health facility, hospital, or other residential facility, or any individual who is sixty years of age or older.
Lack of knowledge of the person’s age shall not be a defense.
Penalty
Whoever commits the crime of battery of the infirm shall be fined not more than $500 and imprisoned 30 days to 6 months, or both.
Battery of a Police Officer — La RS 14:34.2
Battery of a police officer is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a police officer acting in the performance of his duty.
For purposes of this Section, “police officer” shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, state park wardens, and probation and parole officers.
For purposes of this Section, “battery of a police officer” includes the use of force or violence upon the person of the police officer by throwing feces, urine, blood, saliva, or any form of human waste by an offender while the offender is incarcerated by a court of law and is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.
Penalties
Whoever commits the crime of battery of a police officer shall be fined not more than $500.00 dollars and imprisoned not less than 15 days nor more than 6 months without benefit of suspension of sentence.
If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than $1,000 dollars and imprisoned with or without hard labor without benefit of parole, probation, or suspension of sentence for not less than 1 year nor more than 5 years. Such sentence shall be consecutive to any other sentence imposed for violation of the provisions of any state criminal law.
If the battery produces an injury that requires medical attention, the offender shall be fined not more than $1,000.00 dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both. At least 30 days of the sentence imposed shall be served without benefit of parole, probation, or suspension of sentence.
Battery of a School Teacher — La RS 14:34.5
Battery of a school teacher is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school teacher acting in the performance of employment duties.
Whoever commits the crime of battery of a school teacher shall be punished as follows:
If the battery was committed by a student, upon conviction, the offender shall be fined not more than $5,000.00 dollars or imprisoned not less than 30 days nor more than 1 year. At least 72 hours of the sentence imposed shall be imposed without benefit of suspension of sentence.
If the battery was committed by someone who is not a student, the offender shall be fined not more than $5,000.00 thousand dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both.
If the battery produces an injury that requires medical attention, the offender shall be fined not more than $5,000.00 dollars or imprisoned with or without hard labor for not less than 1 year nor more than 5 years, or both.
Battery of a School or Recreation Athletic Contest Official — La RS 14:34.4
Battery of a school or recreation athletic contest official is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a school athletic or recreation contest official.
For purposes of this Section, “school athletic contest official” means any referee, umpire, coach, instructor, administrator, staff person, or school or school board employee of any public or private elementary and secondary school while actively engaged in the conducting, supervising, refereeing, or officiating of a school sanctioned interscholastic athletic contest.
For purposes of this Section, “recreation athletic contest official” means any referee, umpire, coach, instructor, administrator, staff person, or recreation employee of any public or quasi public recreation program while actively engaged in the conducting, supervising, refereeing, or officiating of a sanctioned recreation athletic contest.
Whoever commits the crime of battery of a school or recreation athletic contest official shall be fined not more than $500 dollars and imprisoned not less than 48 hours nor more than 6 months without benefit of suspension of sentence, except as provided in Paragraph below.
The court, in its discretion, may suspend the imposition of the sentence and place the offender on probation with the condition that he shall perform 5 days of community service work. Failure to successfully complete the community service work, as determined by the supervisor of the program to which he is assigned, may result in revocation of probation.
Battery of a Correctional Facility Employee — La RS 14:34.5
Battery of a correctional facility employee is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a correctional facility employee acting in the performance of his duty.
For purposes of this Section, “correctional facility employee” means any employee of any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.
For purposes of this Section, “battery of a correctional facility employee” includes the use of force or violence upon the person of the employee by throwing feces, urine, blood, saliva, or any form of human waste by an offender while the offender is incarcerated and is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility.
Whoever commits the crime of battery of a correctional facility employee shall be fined not more than $500 dollars and imprisoned not less than 15 days nor more than 6 months without benefit of suspension of sentence.
If at the time of the commission of the offense the offender is under the jurisdiction and legal custody of the Department of Public Safety and Corrections, or is being detained in any jail, prison, correctional facility, juvenile institution, temporary holding center, halfway house, or detention facility, the offender shall be fined not more than $1,000 dollars and imprisoned with or without hard labor without benefit of parole, probation, or suspension of sentence for not less than 1 year nor more than 5 years. Such sentence shall be consecutive to any other sentence imposed for violation of the provisions of any state criminal law.
Battery of a Bus Operator — 14:34.5.1
Battery of a bus operator is a battery committed without the consent of the victim when the offender has reasonable grounds to believe the victim is a bus operator.
Whoever commits the crime of battery on a bus operator shall be fined not more than $500 hundred dollars and imprisoned for not less than 48 hours nor more than 6 months without benefit of probation, parole, or suspension of sentence.
Posted in Battery, Crimes Defined, Criminal Statutes | 
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Disarming of a Police Officer — Louisiana
May 12, 2012
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Premiere 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.
Disarming of a Police Officer — La RS 14:34.6
Disarming of a peace officer is committed when an offender, through use of force or threat of force, and without the consent of the peace officer, takes possession of any law enforcement equipment from the person of a peace officer or from an area within the peace officer’s immediate control, when the offender has reasonable grounds to believe that the victim is a peace officer acting in the performance of his duty.
For purposes of this Section:
“Law enforcement equipment” shall include any firearms, weapons, restraints, ballistics shields, forced entry tools, defense technology equipment, self-defense batons, self-defense sprays, chemical weapons, or electro shock weapons issued to a peace officer and used in the course and scope of his law enforcement duties.
“Peace officer” shall include commissioned police officers, sheriffs, deputy sheriffs, marshals, deputy marshals, correctional officers, constables, wildlife enforcement agents, park wardens, livestock brand inspectors, forestry officers, and probation and parole officers.
Whoever commits the crime of disarming of a peace officer shall be imprisoned at hard labor for not more than 5 years.
If you have have been arrested for Battery contact New Orleans’ premiere criminal defense attorney.
Fake Explosive Devices — Louisiana
April 3, 2012
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.
Fake Explosive Device La RS 14:54.5
It shall be unlawful for any person to manufacture, possess, have under his control, buy, sell, mail, send to another person, or transport a fake explosive device, if the offender knowingly and intentionally:
(1) Influences the official conduct or action of an official or any personnel of a public safety agency; or
(2) Threatens to use the fake explosive device while committing or attempting to commit any felony.
A “fake explosive device” means any device or object that by its design, construction, content, or characteristics appears to be or to contain an explosive, an explosive compound or mixture with a detonator or initiator, or both, but is, in fact, an inoperative facsimile or imitation of such a destructive device, bomb, or explosive as defined in R.S. 14:54.3.
A “public safety agency” means the Department of Public Safety and Corrections, a fire department, an emergency medical or rescue service, a law enforcement agency, or a volunteer agency organized to deal with emergencies.
Whoever violates the provisions of this Section shall be imprisoned at hard labor for not more than 5 years and shall be fined an amount equal to the costs of any law enforcement investigation or emergency response which results from the commission of the offense.
This shall not apply to authorized military, police, and fire operations and training exercises.
Sexual Battery of the Infirm — Louisiana
March 28, 2012
Louisiana Sex Crime Defense Attorney
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense
If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact Elizabeth B. Carpenter Law for a consultation.
Sexual Battery of the Infirm — La RS 14:93.1
Sexual battery of the infirm is the intentional engaging in any of the sexual acts listed below with another person, who is not the spouse of the offender, when:
(1) The offender compels the victim, who is physically incapable of preventing the act because of advanced age or physical infirmity, to submit by placing the victim in fear of receiving bodily harm.
(2) The victim is incapable of resisting or of understanding the nature of the act by reason of stupor or abnormal condition of the mind produced by an intoxicating, narcotic, or anesthetic agent administered by or with the privity of the offender.
(3) The victim has such incapacity, by reason of a stupor or abnormal condition of mind from any cause, and the offender knew or should have known of the victim’s incapacity.
(4) The victim is incapable, through unsoundness of mind, whether temporary or permanent, of understanding the nature of the act, and the offender knew or should have known of the victim’s incapacity.
“Sexual acts” mean the following:
(1) The touching of the anus or genitals of the victim by the offender using any instrumentality or any part of the body of the offender; or
(2) The touching of the anus or genitals of the offender by the victim using any instrumentality or any part of the body of the victim.
*** Normal medical treatment and normal sanitary care shall not be construed as an offense under the provisions of this Section.
*** Whoever commits the crime of sexual battery of the infirm shall be punished by imprisonment, with or without hard labor, for not more than 10 years.
Elizabeth B. Carpenter, Esq. — Sex Offenses New Orleans Defense Attorney
Posted in Battery, Crimes Defined, Criminal Statutes, Sex Crimes | Tags: Attorney New Orleans, Best White Collar Defense, Crimes Against the Infirm, Criminal Defense New Orleans, new orleans criminal defense attorney, one of the best criminal defense lawyers in new orleans, Sex Crimes | No Comments »
Bill would require barroom bouncers to take training
March 28, 2012
Criminal Defense Attorney New Orleans
Elizabeth B Carpenter Law — Attorney New Orleans
Bill would require barroom bouncers to take training
By: Ed Anderson — Times Picayune
Baton Rouge – A Senate committee unanimously approved a bill Tuesday that would require training of bouncers and “security personnel” at bars and lounges. The Senate Judiciary B Committee sent to the Senate floor Senate Bill 234 by Sen. Gary Smith, D-Norco, that would require the bouncers to be trained under the state’s Responsible Vendor Program, which has been in place for more than a decade and requires the training of servers, bartenders and other bar personnel.
Sen. Gary Smith, D-NorcoSmith said the bill applies to liquor outlets “where alcoholic beverages are the principal commodity sold for consumption on the premises.” Smith said he filed the bill after a handful of headline-grabbing cases in the New Orleans area in which security personnel at bars were involved in violent confrontations with customers.
The bill does not spell out how many hours the security workers have to take or what the subject matter of the courses would be.
Those decisions would be made by the commissioner of the Office of Alcohol and Tobacco Control, but the course work must include “handling disruptive customers and customer altercations,” Smith said.
The bill defines security personnel as employees who “monitor the entrance and other areas of an establishment for the purposes of identifying underage and intoxicated persons, enforcing establishment rules and regulations” and providing overall security for the outlet and its customers.
“There is nothing in law to train security personnel” at bars now, Smith said. “We are seeing more and more of an increase in security personnel using excessive force” at lounges.
The bouncer or security personnel will not only have to take the regular server training course and be able to recognize when a patron is too drunk to be served, but will also be trained to handle tense situations.
“He will try to diplomatically remove someone,” said Chris Young, a lobbyist for alcoholic beverage outlets. He said the courses should include “how to prevent altercations instead of putting someone in a chokehold and dragging them out of the establishment.”
The cost of the training course cannot exceed $50, according to the bill.
New Orleans officer quits after ‘thug’ comment about Trayvon Martin killing
March 27, 2012
Criminal Defense Attorney New Orleans
Elizabeth B Carpenter Law — Attorney New Orleans
New Orleans officer quits after ‘thug’ comment about Trayvon Martin killing
By Brendan McCarthy, Times Picayune
The white New Orleans police officer who posted insensitive remarks on an online news story about the killing of a black Florida teen resigned Tuesday afternoon, one day after he was indefinitely suspended from the force without pay. Officer Jason Giroir, who is under investigation for his role in the recent shooting of a young black man in Mid-City, resigned in light of the scrutiny over comments he posted Sunday on a wwltv.com story about an unrelated fatal shooting in Florida last month.
Jason GiroirGiroir, 35, of Covington, wrote “Act like a Thug Die like one!” on an article about citizens rallying to protest the killing of Trayvon Martin, an unarmed 17-year-old who was killed while wearing a hooded sweatshirt and walking through a gated community.
Martin’s encounter with a gun-wielding neighborhood watch volunteer has sparked a national debate about racial profiling and the morality of “stand your ground” laws, which allow people being attacked to defend themselves with force if necessary.
Giroir, who joined the NOPD in 1999, resigned Tuesday after learning that NOPD investigators had sustained misconduct charges against him and that a disciplinary hearing was being scheduled, according to the NOPD. The department determined he violated internal regulations regarding professionalism, professional conduct, and performance of duty.
“My responsibility to the people of New Orleans, as well as to the professional officers on this police force, demanded I take swift action in this matter,” Police Superintendent Ronal Serpas said.
After a commenter named Eddie Johnson criticized Giroir’s initial comments on wwltv.com as racist, Giroir responded: “Eddie come on down to our town with a “Hoodie” and you can join Martin in HELL and talk about your racist stories!:-P”
Giroir’s wife also posted a similar comment under the story: “He acted like a thug and died like one.”
‘Unintended turmoil’
Giroir’s attorney, Eric Hessler, said his client apologized to the NOPD in his resignation letter. “He chose to resign as a personal decision because of the unintended turmoil his comments caused. Of course he regrets making those comments.”
Chris Granger, The Times-PicayuneDanatus King, left, of the New Orleans branch of the NAACP, talks about the NOPD on Tuesday.Hessler said he didn’t believe that the violations against Giroir warranted termination and pointed out that other officers had violated the same rules and faced light discipline.
The resignation came hours after Danatus King, head of the local branch of the NAACP, and others held a news conference to denounce the comments and demand Giroir’s termination. King said the city is on the verge of civil unrest and that Giroir’s statement about “another black youth killed under questionable circumstances” only inflames the “incendiary atmosphere.”
“This has touched a nerve in our community,” King said.
King went through a long list of cases involving the NOPD’s mistreatment of young black men, ranging from police killings and cover-ups in the Danziger Bridge, Henry Glover and Raymond Robair cases in recent years, to the Adolph Archie and Algiers 7 cases of decades earlier. King and other community and civil rights activists have long painted the NOPD as a racist organization.
He also noted that thousands of tourists will be visiting the city this weekend for the NCAA Final Four basketball tournament. “How many of them are black?” King asked rhetorically. “How many are wearing apparel where they would look like a thug?”
Mid-City patrols scrutinized
Last summer, a flap erupted after a high-ranking NOPD commander reportedly told dozens of officers during a roll call meeting to target young black men in and around the French Quarter on the weekend of Essence Festival. Some officers who heard the instruction viewed it as racial profiling. City and police leaders decried the remarks and the supervisor, Commander Eddie Selby, retired shortly after the NOPD initiated an investigation.
Local leaders with the NAACP respond to online comments made by a NOPD officer in regard to the killing of Trayvon Martin in Florida.
Around that time, King and associates called for a federal probe into the Mid-City Security District, a neighborhood police patrol that utilizes off-duty NOPD officers. An email from a patrol supervisor surfaced in which he threatened to take officers off the overtime patrol if the numbers of traffic stops didn’t increase.
The NAACP and others said the order encouraged racial profiling and illegal stops.
It was during one of those patrols — an overtime shift — that Giroir stopped the Sipp brothers earlier this month. A shootout ensued shortly later. Police allege Justin Sipp opened fire on three police officers, prompting them to shoot back.
Two officers, Anthony Mayfield Jr. and Michael Asevedo, were severely wounded. Giroir, who was uninjured, fired his gun once. Mayfield fired several times. Police said Sipp fired 14 bullets at police. Police officials have not suggested that the shooting was unjustified, though an investigation is ongoing.
Giroir was assigned to desk duty in the wake of the shooting, but he returned to active duty in mid-March after passing a psychological evaluation and answering investigators’ questions, police spokeswoman Remi Braden said. Despite Giroir’s resignation, the investigation continues, and the NOPD will turn over the results to the district attorney’s office, Braden said.
Unlawful Participation in a Child-Related Business — Louisiana
March 27, 2012
Sex Crime Defense Attorney New Orleans
Elizabeth B. Carpenter, Esq. — New Orleans Criminal Defense
If you are being accused of a Sex Crime, it is imperative that you have a skilled, aggressive attorney by your side. Contact Elizabeth B. Carpenter Law for a consultation. Your freedom is important to us!
Unlawful Participation in a Child-Related Business — La RS 91.3
No person convicted of a sex offense as defined in R.S. 15:541, whose offense involved a person under the age of 13 years, shall own, operate, or in any way participate in the governance of those child care facilities or in family child day care homes.
Whoever violates the provisions of this Section shall be fined not more than 1,000 dollars, imprisoned with or without hard labor for not more than 1 year, or both.
Innocent Avondale Man’s Long Battle For Freedom Pays Off
March 23, 2012
Criminal Defense Attorney New Orleans
Elizabeth B. Carpenter, Esq. – Serving clients in Orleans, Jefferson, Terrebonne, St. Bernard, St. Charles, St. Tammany, St. John, Assumption and Plaquemines Parishes.
Innocent Avondale man’s long battle for freedom pays off
By Paul Purpura, The Times-Picayune
During the years he was confined to the Angola prison farm for a murder he has always denied committing, Mike Williams of Avondale had no doubt he would one day be released. The former offshore worker immersed himself in the study of criminal law, keeping a record of his court filings and legal deadlines that was so detailed that he drew praise from attorneys who later picked up his case.
Susan Poag,The Times-PicayuneAs his mother, Betty Williams, listens, Michael Williams, 46, of Avondale describes how he was released from Angola after 15 years in prison when the only witness in the case recanted. March 21 2012He was so confident he would one day go home, he even wrote a “discharge speech” in 2005, expecting to read it to the news media he imagined would await him outside the prison’s gates.
“I had only one goal and one objective: freedom,” Williams said Wednesday.
After spending more than 15 years of a life sentence in prison, Williams, 46, now has that freedom. Without fanfare Nov. 17, a judge in Gretna vacated his second-degree murder conviction. Jefferson Parish District Attorney Paul Connick Jr., whose office did not initiate the prosecution, then dismissed the case after concluding evidence in the March 6, 1996, killing of Michelle Gallagher, 25, of Waggaman, was not reliable.
“It was like,” Williams said with a pause.
“Christmas,” said his mother, Betty Williams, finishing the sentence.
“It was beyond Christmas,” he added. “It was like being born again. I did everything within my power to contain myself.”
The conviction was based solely on the word of Christopher Landry, a felon in Jefferson and St. Charles parishes. Landry claimed he was riding his bike in the Avondale area and saw Gallagher and Williams smoking crack cocaine. Landry testified he saw Williams push her body out onto River Road at George Street — a claim contradicted by a newspaper carrier, who testified he saw Gallagher staggering along a street about two miles away in Waggaman at the same time Landry said he saw Williams dump the woman.
Prosecutors relied on Landry’s testimony and a theory that Williams stabbed Gallagher in her stomach after she refused sex. Prosecutors had no blood, hair or fibers that could tie Gallagher to Williams. On advice of his attorney and in part fearing a prejudiced jury, Williams, a black man accused of killing a white woman, waived his right to a jury and placed his fate in the hands of then-24th Judicial District Court Judge Susan Chehardy.
After hearing less than two days of testimony, on July 3, 1997, Chehardy deliberated about 10 minutes and returned with her decision: guilty as charged.
Chehardy, who was elected to the state 5th Circuit Court of Appeal the next year, declined to comment Thursday. Landry, now 46, is serving a 15-year sentence in prison for burglary. He could not be reached for comment.
Losing freedom, then wife
Williams left behind his wife, Mia, and their 2 1/2-year-old son, Michael Williams Jr. Five months after he arrived at Angola, Mia, 32, suffered a brain aneurysm and died on New Year’s Eve 1997.
Michael Williams Talks About His Release From PrisonMichael Williams,46, of Avondale talks about his release from prison in November 2011 after having served 15 years in prison for the 1995 murder of a prostitute . Williams was released when the only witness in the case recanted.“I attributed that to the stress behind me going to prison,” said Williams, who was not allowed to attend the funeral.
With his son being raised by Mia’s parents in Gretna, Williams focused on proving his innocence. He worked as a prison cook and baker, and he studied the law, aligning himself with inmates who had become versed in post-conviction procedure and case law. He filed his own petitions in state and federal courts.
Landry and Williams knew each other from the Kennedy Heights subdivision in Avondale. Williams said he did not know Gallagher, and he had no idea why Landry falsely accused him. Williams’ trial attorney theorized Landry was envious. In any case, some states have laws requiring authorities to have evidence that corroborates the claims of a single eyewitness. Louisiana does not.
“One person lying can send someone to prison for life,” said Innocence Project New Orleans attorney Paul Killebrew, who represents Williams. “And it takes extreme good luck to change that.”
Mother overhears a tip
The circumstances that set in motion the road to Williams’ release were perhaps too fortuitous to be real.
While grocery shopping in 2009, his mother said she overheard a man talking about how a guy he met in prison, Landry, claimed his lies convicted Williams. Betty Williams learned Landry was serving time then at Winn Correctional Center in Winn Parish. She crafted an affidavit, through which Landry could admit he lied, and mailed it to the prison.
“And lo and behold, one day I got an answer,” Betty Williams said. “It was signed.”
The prison’s warden and his secretary signed the affidavit as witnesses and had it notarized, she said. The secretary even mailed it back.
Williams immediately sought an evidentiary hearing in the 24th Judicial District Court. Judge Hans Liljeberg granted the request. But during the October 2009 hearing, Landry invoked his Fifth Amendment right against self-incrimination and refused to testify. As a result, Liljeberg denied Williams’ request.
It was a second fortuitous event that brought the Innocence Project New Orleans to Williams’ side. Terrence Meyers was wrongly convicted of another West Bank murder and knew Williams from both Avondale and Angola. The Innocence Project represented Meyers in his successful bid for freedom in 2009 after 16 years in prison. Meyers told the Innocence Project about Landry’s recantation.
‘No idea of what happened’
Susan Poag,The Times-PicayuneMichael Williams moved into his old bedroom at his mother’s home and has found temporary work on Chalmette’s docks with hopes to learn computer programming.Killebrew and another Innocence Project lawyer, David Park, hunted down Landry, “a raging addict” who admitted smoking crack on the morning he told detectives Williams was the killer,” Killebrew said. In a second affidavit, “He basically says, ‘I had no idea of what happened in that murder,’” Killebrew said.
They brought both affidavits and their investigation to Connick, whose prosecutors reviewed Landry’s statements and his two recantations.
“After our review, it became evident the witness’s reliability could not support the conviction,” Connick said Thursday. So “in the interest of justice,” his office decided to vacate the conviction, he said.
Killebrew said prosecutors “kept an open mind” about the case. “It wasn’t like we were knocking over a brick wall,” he said. “It wasn’t that strong of a case.”
Liljeberg vacated the conviction Nov. 17 and ordered Williams’ immediate release from Angola.
“That was a day the Lord made,” Betty Williams said.
Williams moved into his old bedroom at his mother’s home and has found temporary work on Chalmette’s docks with hopes to learn computer programming. Throughout his prison stay, he said he maintained contact with his son, who works with David Crockett Fire Department in Gretna and is graduating from St. Augustine High School.
“I’m extremely proud of him for staying strong throughout this situation,” Williams said. “I’m thankful to God our relationship has always remained strong.”
Simple Burglary — Louisiana
March 22, 2012
New Orleans Criminal Defense Attorney
Elizabeth B. Carpenter, Esq. — Louisiana Burglary Attorney
If you are facing any kind of Burglary charge in southern Louisiana, contact the Law Office of Elizabeth B. Carpenter, Esq. We have the experience that you need to ensure that your rights are protected!
!!!!Click here for an overview of Louisiana Burglary Laws!!!!
SIMPLE BURGLARY – La-R.S. 14:62
A. Simple burglary is the unauthorized entering of any dwelling, vehicle, watercraft, or other structure, movable or immovable, or any cemetery, with the intent to commit a felony or any theft therein, other than as set forth in R.S. 14:60.
Whoever commits the crime of simple burglary shall be fined not more than $2,000 dollars, imprisoned with or without hard labor for not more than 12 years, or both. This is a felony.
