Town of Homer responds to Monroe civil suit
MICHELLE BATES, Editor
The
Town of Homer has responded to the civil suit in the death of Bernard Monroe
Sr. last year.
Earlier
this month, Town Attorney Jim Colvin filed two motions against the suit,
alleging Monroe Attorney Morris Dees has violated the Code of Professional
Conduct as well as calling the suit vague.
Monroe was shot and killed by former Homer Police Officer Tim
Cox, who is named in the suit, on February 20, 2009, after he allegedly engaged two officers with a loaded handgun. Cox and former officer Joseph Henry
were pursuing Monroe’s son, Shaun, on foot, ending in the elder Monroe’s yard, where the shooting occurred.
According
to Louisiana State Police, a handgun was recovered at the scene near Monroe’s body and sent off to Alcohol, Tobacco and Firearms (ATF), which traced the gun
back to its origin.
The
Claiborne Parish Grand Jury, on February 4, returned a no true bill after
months of a state police investigation. A no true bill means the grand jury did
not find enough evidence to indict Cox on any criminal charges.
After
the grand jury handed down its decision, The Guardian-Journal attempted to
obtain a copy of the state police report and were told we could view the report
by the Louisiana Attorney General’s Office, but they later told us that we
could not. Citing a case in New Orleans, the attorney general’s office is
currently in litigation over how public records law is defined. Assistant
Attorney General Kurt Wall said that until this case was resolved, cases that
haven’t reached its statute of limitations would not be open to the public.
The
Guardian-Journal contacted the Louisiana
Press Association for advice in this matter, because it is our belief the state
police report is public record. However, due to the current litigation, the
press will not be able to view the report until the New Orleans matter is
resolved.
On
February 10, Southern Poverty Law Center (SPLC) Attorney Morris Dees, attorney
for the Monroe family, filed a wrongful death suit against the Town of Homer
and Officers Cox and Henry, both as individuals and in their official capacity.
Their suit alleges “failure of reasonable care” in the performance of their
duties.
The
plaintiffs – Bernard’s wife, Louise, daughter, Stephanie Bell, and sons Shaun,
Bernard Jr. and Gerald Monroe – are asking for monetary compensation for
several things including emotional distress and funeral expenses.
On
March 16, Colvin filed an “exception of vagueness to plaintiff’s petition,”
saying the plaintiffs’ have claimed this is a “racial profiling case,” yet the
petition does not allege racial profiling, only negligence.
“However,”
the petition states, “a thorough review of plaintiff’s petition fails to reveal
any such claim. As such, the petition is vague and ambiguous in that regard, if
indeed such a claim is being pursued under state law. The petition is also
vague, ambiguous and indefinite with regard to whether this is a straight
negligence claim against Defendants or if this is a ‘racial profiling claim’
under the Louisiana Constitution or under state statute as suggested in
Exhibits A-C."
The
petition calls attention to several documents in which the SPLC has claimed
racial profiling. Attached to the petition is an article on the SPLC’s website
claiming “racial injustice.” Also attached is a letter in which the petition
says Dees is using this suit to solicit donations to their cause.
“However,
the facts supporting the racial discrimination and profiling allegations
publicized by plaintiffs within these materials do not appear in plaintiffs’
petition,” the town’s response states. “Plaintiffs’ petition only alleges that
Defendants Henry and Cox were negligent and failed to exercise reasonable care
– a straight negligence claim, nothing more. Thus, the petition is vague,
ambiguous and indefinite with regard to whether this is a straight negligence
claim against Defendants or if this is a racial profiling/discrimination claim
under the Louisiana Constitution or state statutes or both. If plaintiffs are
making such claims, they should be compelled to amend their petition so as to
all Defendants the opportunity to properly prepare a defense.”
In a
motion to require compliance with the rule of professional conduct under Louisiana law, the defense is alleging that the SPLC is publicizing the case through their
website as well as attempting to solicit funds.
The
motion is asking the court to issue a judgement curtailing the case’s trial
publicity as according to the rule of professional conduct.
According
to Louisiana law, the rule of professional conduct “prohibits a lawyer from
making extrajudicial statements that a reasonable person would expect to be
disseminated by means of public communication if the lawyer knows or reasonably
should know that it will have a substantial likelihood of materially
prejudicing an adjudicative proceeding.”
It
further states that in the course of representing a client, “a lawyer shall not
knowingly make a false statement of material fact or law to a third person.”
Again,
attached is the SPLC’s letter soliciting donations as well as their website as
reference points. The petition also points to the tremendous amount of
publicity the case has already received, citing national newspapers, such as
the Chicago Tribune and the New York Times articles written during the course
of the criminal investigation as well as after the grand jury’s decision.
The
defense is not asking for a blanket “gag” order or restraint be placed on the
press, but the petition is asking that “this court issue reasonable orders to
all of the parties that would have the effect of stopping the publication of
one or another parties interpretation of the alleged facts.
“The
contents of the various pleadings that will be filed in this case will suffice
to enlighten the press as to the status of this matter,” the petition
continues.
The
last document filed is one asking the plaintiffs to show cause why the previous
two motions should not be granted in regards to compelling the plaintiffs’
attorneys to amend their petition as well as follow the Louisiana Rule of
Professional Conduct.
That
court date is set for Monday, April 19, at 9:30 a.m., at the Claiborne Parish Courthouse, Second Judicial District.
Colvin
declined comment citing the rule of professional conduct. As of press time, Dees could not be reached for comment.
Hope Youth Ranch closes
JANA RYAN, Special to The
Guardian-Journal
Hope
Youth Ranch (HYR), a residential treatment facility for boys, is closing its
doors after 15 years of service.
Administrator
Roy Martinez said financial difficulties are to blame.
“We
exhausted all of our possible avenues,” said Martinez. “Just like everybody
else, if you could go back and redo it, we’d probably do it different. But at
the same time, we’ve stayed here as long as we can possibly stay and helped as
many kids as we could help and it’s time – the show’s over.”
The
facility opened its doors in 1995, taking its first resident on February 28.
Since that time, approximately 1,300 pre-teen and teenage boys have been housed
at the facility.
Martinez said the boys are being transferred to other agencies –
state and private – throughout the state. The 26 remaining residents should
vacate the facility by 2 p.m. Friday.
“That’s
the bad part about it — these kids have been bumped around from here to there,”
said Martinez. “Some of them have been placed in 20 to 30 homes during their
lifetime and it’s sad to see them have to move again, but it’s out of our
control.”
When
fully staffed, HYR employs 110. Currently, there are 80 employees at the ranch.
“All
80, including myself, will not have a job,” said Martinez.
Martinez said the decision to close came last week.
“We’ve
been sliding down this road for some time, but it all came to a head last
week,” said the director. “We met last Thursday and decided at that point that
we had to make some tough choices. The only choice we had was to somehow,
orderly, get the kids out and make sure they are protected – their welfare
comes first. There are people who might say contrary to that, but I promise
you, we’ve never made a decision where the kids didn’t come first.”
Martinez said the Ranch’s financial woes were not connected to a
recent judgment against the facility for the 2005 death of resident Alex
Harris.
In
January, a civil case filed by the mother of the late Alex Harris was settled
out of court for more than seven figures.
“There
was some minor cost to us there,” said Martinez. “Insurance actually paid for
those judgments.”
The
judgment was awarded following the Sept. 13, 2005, death of Harris, age 12. On that date, he and several other boys deemed in need of punishment were
members of an outdoor workforce who were also made to run a pipeline. The
temperature that day was in the 90s with a heat index of 102-degrees.
An
autopsy report indicated Harris’ death was caused by hyperthermia and blunt
force head trauma.
Three
former Hope Youth Ranch employees were found guilty of negligent homicide and
cruelty to a juvenile in the death of Harris; however, the conviction of
negligent homicide was overturned by the 2nd Circuit Court of Appeals.
On the
conviction of cruelty to a juvenile, Arthur Henderson III, was sentenced to
five years at hard labor at the Louisiana Department of Corrections with all
but one year suspended; Anthony Combs was sentenced to five years at hard labor
with all but two years suspended; and Kelton Greenard was sentenced to five
years at hard labor in the Louisiana Department of Corrections with all but
three suspended.
Martinez did indicate that high insurance rates were a part of
the Ranch’s financial difficulties.
“We pay
a lot of money for insurance out here,” he said. “General liability, property
insurance – you’re talking about better than $200,000 a year just for
insurance.”
Martinez said it is ironic that the facility has to close as it
currently has the best program and staff since its inception.
“We
just had an audit for the state and we had zero deficiencies. We didn’t have
anything they found that they would close us down for,” said Martinez. “It’s
not like we are closing down because we haven’t met standards. I think because
of problems during the last several years, our program has developed into the
best that we have ever had out here. We’ve got the best staff that we’ve ever
had, we’ve got the best program that we’ve ever had, but that doesn’t really
matter. What it boils down to is whether you have the money to operate.”
The
facility informed the state Monday of its decision to close.
“We
called the state and told them our position,” said Martinez, who indicated that
the facility’s contract with the state does not expire for another year and a
half. “We asked them to do some things that would help us to stay here and they
were not in position to do that.”
Martinez said the non-profit organization has not been dismantled
and that it will maintain its license for another year.
“We are
still officially in business,” said Martinez, who added that he hasn’t ruled
out starting up a similar program.
“If you
look back 15 years ago, even the possibility of my wife and I coming down here
and starting this up were probably a million to one. We had no money, we had no
experience as far as background into what we do here (HYR). Anybody would have
said, ‘You are a fool to think you can do that.’ Well, with God everything is
possible.
“I can’t sit here and say God
doesn’t have a plan from today on – I just don’t know what that is,” Martinez continued.
“We
came here with the idea to help kids and that hasn’t changed. Perhaps there is something
else we can do here to help kids, I simply don’t know at this stage.”
This article was reprinted
with permission from the Minden Press-Herald.
Berry Plastics earns certification
Special to The Guardian-Journal
Berry
Plastics Corporation is proud to announce that the Homer plant has earned ISO
9001-2008 certification and will receive the certificate this week. What an
awesome accomplishment!
All
involved have been very focused on implementing the Berry Culture and the ISO
system within a short time frame. Very aggressive goals were set and the team
followed the plan.
The
Homer team was completely committed to improving the effectiveness of their
quality system and teamwork.
They
successfully completed a three-day audit during the week of January and are
now enjoying their “official” certificate.
Berry
Plastics would like to recognize George Puckett, Homer's Plant Manager, Johnny
Whitfield, Homer's ISO Management Representative, and Lee Moseby, Tapes, Bags
and Coatings Continuous Improvement Leader, as well as the entire management
group - Cathy Gill, Ed Jett, Matt Parette and Buddy Sim).
Thanks
also to the dedicated ISO Team Leaders and internal auditors for the hard work
and perseverance required to reach this goal.
This
certification proves that all the hard work and long hours the Homer team put
in was well worth it. James Burns, Diana Canterbury, Sylvia Crumpler, Peggy
Garrett, Christi Holt, Kem Keen, Bill Mclemore, Kristi Pruitt, Ryan Spigener,
Tina Webb and Betty Williams were a huge part of this effort.
As many
of you know, the road to certification is not easy but it is the foundation for
continuous improvements and future success.
Hopefully,
the future will see this team thrive and build from this new foundation.
Congratulations on this
achievement and in the spirit of Mardi Gras a staple of the Louisiana culture, "Laissez
Les Bon Temps Roulez" (Let the Good Times Roll!).
Sheriff warns citizens about
fraud/computer crimes
Sheriff
Ken Bailey would like to inform Claiborne Parish residents of the growing
problem of telephone fraud and computer crimes.
Over
the course of the last couple of weeks, the Claiborne Parish Sheriff’s Office
has received a number of complaints regarding phone solicitation calls.
These
calls may be concerning medical products and/or Medicaid products, or may be
asking to verify personal information.
Callers
generally are asking for your bank account information and social security
number. Please be aware that if the Social Security Office or Medicaid Office
is truly calling, they will not ask for your bank account information.
To
protect yourself, do not give this information to anyone over the telephone. Be
cautious of including personal information when using the computer.
If
paying bills online, please make sure an anti-virus program has been installed
on the computer.
If you
feel that you have been a victim of identity theft, please contact Detective
Ben Booth with the Sheriff’s Office at (318) 927-9800.
Remember,
protect yourself and your identity.
Claiborne Boys and Girls club goes green
Claiborne
Boys and Girls club has spent the week ‘going green.’
Members
of the club have spent the week collecting recyclables for Trailblazers as part
of a community service project during Boys and Girls Club Week March 22-26.
Each
child was encouraged to bring recyclables to the club for the whole week.
Prizes
were offered to the children for participating in the project.
The
Girls and Boys Club will be accepting recyclables through the end of the week.
Some of the items that can be received are newspapers, telephone books, office
paper and aluminum cans.
Each
day of the week, participants were able to enjoy a special activity. On Monday,
the event was Go Green Jump Start, and on Tuesday the members visiting area
nursing homes. Wednesday was parent appreciation day in which a speaker and
refreshments were provided and finishing up the special activities will be fun
day on Thursday.
