Payment Offer To Witness Leads To Suspension

The Louisiana Supreme Court has ordered an attorney suspended for a year and a day for his dealings with a witness in a criminal case.

Respondent represented Emily Winborn in criminal proceedings captioned State of Louisiana v. Emily Winborn, case number 498-791 on the docket of the Criminal District Court for the Parish of Orleans. Ms. Winborn was charged with simple burglary of an inhabited dwelling based on allegations that she broke into Brian Bode’s raised double-shotgun house and stole a gun.

Mr. Bode testified as a witness for the prosecution at Ms. Winborn’s trial. At that time, Mr. Bode testified that respondent came to a restaurant he owns with his daughter and offered him $300 to drop the charges against Ms. Winborn. Mr. Bode also testified that when he refused to drop the charges, respondent confronted him again and offered him $500 not to show up in court for Ms. Winborn’s trial.

The attorney admitted the conduct but contended that the payment was intended as restitution for the gun,

The hearing committee

After hearing the testimony, observing the witnesses’ demeanors, and considering the logical interpretation of the interactions, the committee believed that (1) the $300 was a bribe for Mr. Bode to drop the charges against Ms. Winborn, and (2) the $500 was offered as a “last resort” attempt to keep Mr. Bode from appearing at the trial, which would make it more likely that the charges would be dropped. Based on these facts, the committee determined that respondent violated the Rules of Professional Conduct as alleged in the formal charges.

The Attorney Disciplinary Board and Court here accepted the findings.

On sanction

We have traditionally dealt harshly with lawyers who give or offer to give anything of value to a witness with the intent to influence their conduct as witnesses in criminal proceedings.

Justice Guidry would impose greater discipline.

Justice Crichton would disbar

I agree with the majority’s finding that the hearing committee correctly determined, based on its credibility findings and clear and convincing evidence, that respondent violated the Rules of Professional Conduct as charged. However, I find that the seriousness of respondent’s conduct, when coupled with his previous disciplinary record, warrants disbarment.

(Mike Frisch)