Witness Protection

A Louisiana Hearing Committee recommends a public reprimand for conduct toward an opposing party’s expert witness in custody matters

On or about October 27, 2016, Respondent approached the witness outside the courtroom in Orleans Civil District Court and unsolicited told her, “I’m coming for you” and “you’re not needed here.” He also said, “you’re not going to get on the stand” and “I’m going to make you sit here all day.”

The hearing was re-fixed to November 3, 2016. On that morning before court, the Respondent approached the witness once again stating, “I’m not sure why you’re here … you’re not going to testify again today.” When the witness advised Respondent that she had been subpoenaed to testify and intended to comply with the subpoena, the Respondent answered by saying, “Well, you can’t testify to the child (B.R.’s) anxiety, and I am going to get you.” As they entered the courthouse, Respondent once again advised her, “I don’t know why you are coming up, because we don’t need you to come up here (to testify).” The case was once again reset to January 5, 2017.

On that date, the Respondent again approached the witness outside the courtroom where she was sitting and said, “I told you I’m gonna get you, stop messing with me.”

Credibility

The committee extensively and carefully heard, considered, discussed, and decided the credibility of Dr. Tropez-Arceneaux and Respondent. The committee finds Dr. Tropez-Arceneaux’s testimony to be very credible, both with respect to its content and demeanor. She was a third-party, nonlawyer, expert witness in the underlying proceeding with no motivation or benefit to lie about the alleged conduct of Respondent. Conversely, the committee finds Respondent’s testimony not credible, with respect to either its content or demeanor.

(Mike Frisch)