Permanent Disbarment: Prosecutor Got Signed Saints Hat, Bikes, Clothes And Cash
A former assistant district attorney has been permanently disbarred by the Louisiana Supreme Court for his participation in a scheme to profit from favorable treatment in drunk driving matters
In order to qualify for the “immediate 894 plea,” the district attorney required that the charged individual complete all legal prerequisites prior to entering the plea, including community service, a substance abuse program, and a driver safety program. The individual cases selected for “immediate 894 pleas” were withheld from, or removed from, the normal DWI docket, and special court sessions were held to handle these cases. Respondent served as the prosecuting attorney for all cases disposed of by “immediate 894 plea.” The DWI defendant, at the time of the “immediate 894 plea,” would appear with certifications that he/she had completed the community service requirements, the substance abuse program, and the driver safety program. The documents would be filed into the court record at the time of the guilty plea. Pursuant to La. Code Crim. P. art. 894, the judge would then immediately grant the 894 motion dismissing the conviction, which served as an acquittal, thereby allowing the DWI defendant to have his/her driving privileges immediately reinstated.
The scheme
Beginning in 2010, respondent became aware that personnel in the District Attorney’s Office and a non-lawyer by the name of Robert Williamson were utilizing the “immediate 894 plea” sessions to provide favorable dispositions of DWI cases for defendants willing to pay Mr. Williamson. Respondent was aware that the individuals who were being allowed to plead in the “immediate 894 plea” sessions were paying Mr. Williamson, and he also knew that Mr. Williamson had never been licensed to practice law. In 2010 and 2011, respondent accepted a series of gifts and a cash payment from Mr. Williamson, “intending to be influenced and rewarded in connection with” the DWI scheme. The gifts included an autographed New Orleans Saints hat, bicycles for respondent and his family members, and clothing for respondent, ranging from shoes to business suits. In December 2011, Mr. Williamson gave respondent a cash payment of $500.
He pled guilty to federal charges of conspiracy to commit bribery
It has been established through respondent’s guilty plea, the nature of his charge and various other charges against other individuals involved with the scheme that there were benefits given through the actions of respondent that inured to the benefit of others. It was also established at the hearing that respondent did not have any relationship with Mr. Williamson, the one who provided the gifts and cash payment to respondent, and who ushered clients through the “expedited 894” proceedings in which respondent represented the 15th JDC. There was no evidence of any social or professional relationship with Mr. Williamson in respondent’s private practice.
Despite his assertions that he did not know he was doing or intended to do anything wrong, and was not aware that there was any benefit being given, respondent’s written consent to the charges establishing just the opposite belies his assertions. Respondent presented testimony through one witness that sought to place blame for his actions on District Attorney Michael Harson, who has never been charged with any wrongdoing. Moreover, and as previously discussed, respondent made no attempt whatsoever to bring any of the activity to the attention of Mr. Harson.
The court looked to prior cases in imposing permanent disbarment.
Indreporter’s Leslie Turk reported on the criminal case. (Mike Frisch)