Crimes Of The Heart Get Lawyer Suspended

The Louisiana Supreme Court imposed a year and a day suspension for misconduct unrelated to the practice of law.

On December 28, 2013, respondent intentionally entered the home of S.S. and his wife, J.H., without authorization.  During her sworn statement to the ODC, respondent acknowledged that she did not have express permission to enter the residence. Respondent was arrested and charged with unauthorized entry of an inhabited dwelling, a felony. This charge was dropped as part of a plea bargain. On October 30, 2015, respondent pleaded guilty to stalking and to violation of a protective order, both misdemeanors.

And

In August 2014, respondent used J.H.’s credit card number to make purchases on Amazon.com.

The charges and response

In February 2016, the ODC filed four counts of formal charges against respondent. Respondent answered the formal charges and generally denied the factual allegations as written. Respondent acknowledged that she did not have the express authority of J.H. to enter the residence, but stated that she had been given the implied authority to do so. Respondent added that J.H. provided her with the credit card at issue, gave her the authority to use the card at will, and never expressly revoked authorization to use the card. She indicated that the charges made to the card in August 2014 were accidental.

The findings

Respondent was hired by S.S. in the Orleans Parish Public Defender’s Office in 2008. She subsequently became friends with his wife (J.H.) and would occasionally babysit the children and house-sit for the family. The friendship between respondent and J.H. developed over the years and became romantic.

In October 2013, J.H. decided to end the relationship and so communicated that to respondent via e-mail on October 28th. The next day, respondent repeatedly tried to communicate with J.H., without success. That evening, respondent e-mailed J.H. that she was coming over to her house to see if she was alright. J.H. e-mailed respondent back and told her not to come over. Under the influence of alcohol, respondent went to J.H.’s home and while outside, cursed and called J.H.’s name repeatedly. Respondent let herself inside via a magnetic key to the gate in the fence surrounding the home. She had been entrusted with this key due to the relationship and the services she performed for the family. Eventually, respondent let herself in the house through a door she knew was kept unlocked. She was subsequently ejected by S.S. The accounts of that ejection differ. Nonetheless, both respondent and S.S. called 911, and the police came.

Despite this incident, respondent continued to communicate with J.H. J.H. emailed her that the relationship between them was over and requested that she stop trying to communicate with her and get on with her life. In mid-November,  respondent again attempted to communicate with J.H. via e-mail and was told in reply to stop. Respondent continued to e-mail J.H. and later confessed to having inadvertently used J.H.’s credit card number on her Amazon account. Respondent apologized and promised to delete the card information from the account. However, several months later, she ordered some merchandise for herself using the same credit card number. Respondent claimed this was an accident.

In December 2013, J.H., S.S., and their children were visiting J.H.’s family in New York. Respondent knew they would be out of town. On December 28th, respondent used the aforementioned key she had to the family’s gate and gained access to the residence through a door she knew was unlocked. Respondent subsequently claimed she was there to leave $2,500 which she had owed to J.H. Respondent was met by Adonica Nelson, the fiancée of the family’s house sitter. When confronted by Ms. Nelson, respondent pretended to be in the wrong house. A criminal complaint was filed after the family returned and was informed of the home intrusion. The couple then obtained stay-away orders directed at respondent.

In November 2014, J.H. discovered that three purchases totaling $96.65 were made on her credit card. J.H. learned that respondent had made them using the credit card number that respondent had promised to remove from her Amazon account. A criminal complaint was then filed against respondent.

The court rejected the findings of misconduct involving the alleged credit card misuse.

Justice Genovese dissented

I would reject the suspension of respondent for only one year and one day and would impose a two-year suspension as recommended by the hearing committee. Respondent’s criminal activity warrants a more severe sanction.

The New Orleans Advocate reported on the criminal case. (Mike Frisch)