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Letters to the Editor
Letter to the Editor from Tony Falterman - see below
From his luxurious camp on Grand Isle or from his CPA offices in
Napoleonville or Thibodaux or from his Mortgage Company offices in
Paincourtville or Thibodaux, or even in New York City when he’s putting
together a business deal, Mike Waguespack can see what is going on in
the sheriff’s office in Napoleonville. He has a high tech security system
(very expensive) where he can monitor in and around the office from
literally anywhere, this I was told. Too bad it wasn’t installed in the
Labadieville office where all of the evidence is stored! It seems that
some evidence has turned up “misplaced” or “mishandled”; however,
the person in charge was, I am told, brought to Mississippi to a detox
facility by sheriff’s office personnel. A former employee of the sheriff’s
office told me that this officer has had prior substance abuse problems.
Now, what is the job of the evidence officer? Well, there is what is
known as a “chain” of custody of evidence and in all court proceedings
this officer has to detail the “chain” so that it can be admitted into
evidence. If the “chain” is broken, or if the evidence is unavailable, the
defendant WALKS. Also, if you have an evidence officer that has been
sent to detox (and supposedly abusing drugs for quite some time), the
question of admissibility becomes all too relevant. What if he was
abusing the drugs in prior cases where a defendant was convicted?
Well, any defense attorney worth his salt will file for post conviction
relief. The evidence officer, of course, would be asked if he was “under
the influence” when he handled the evidence and does he know for a
fact that this is the correct amount and type of evidence. I foresee
many problems! Future cases are all jeopardized! It makes no
difference whether the case is a drug case or a murder case! Should a
drug abuser (evidence officer) using the evidence (drugs) be believed
by a jury? REASONABLE DOUBT—the defendant walks—NOT GUILTY!
Several MONTHS ago, a drug prosecution had to be dropped,
dismissed, because the evidence was “not available” – BIG RED FLAG!
If Assumption Parish had a full-time law enforcement officer as Sheriff,
this would have been an excellent opportunity to end the pilfering of
evidence and creating a defense for all criminal defendants where
evidence has to be admitted at trial. The cameras may catch someone
using the Sheriff’s parking spot or show an employee of the sheriff’s
office talking to someone that they are not allowed to talk to, but they
don’t show the EVIDENCE ROOM!
But there is more...over a YEAR ago, the highest paid member of his
staff was sent to the Labadieville office to create a tracking system for
the evidence officer. It seems that narcotics sent to the crime lab for
analysis often were returned from State Police with amounts weighing
less than what were seized and submitted by the arresting officers.
Two CPA’s in the office, obviously no working tracking system, and an
outside agency must be hired to do an audit and accounting! Bet on
the sheriff again rolling forward his tax millage and having the
taxpayers foot the bill for his expensive, allowed “mistakes”, and the
problems just continue.
I feel that none of this would have come to light because of the actions
of the sheriff and the way he initially handled this latest incident. The
evidence custodian was brought to an out-of-state facility by the
sheriff’s office without an arrest or any public notice as to what had
happened. Then, days later, when disgruntled employees of the sheriff
began making the incident public, the sheriff had no choice but to
confirm the breech and to make a statement. Law enforcement in this
parish has taken another “black eye”. There are many dedicated and
honest employees; however, residents no longer have any trust in or
respect for the people who are sworn “to serve and protect”… and it all
starts at the top! You can watch all of the cameras you want, but if you
are not there to discipline and command, there is no office!
Jail inmate pregnancies, undisclosed and disclosed escapes, trustees
(state prison felons) allowed to roam at will, a chief deputy resigning,
missing “mishandled” evidence, a narcotics officer forced to resign,
three officers terminated without just cause (in my opinion) with
lawsuits filed against the sheriff, deputies ordered to lie under oath to
receive search warrants, deputies ordered to sign reports of arrests
that they had no participation in, trustees provided alcohol and
conjugal visits, and many more incidents either hidden from the public
by the sheriff or a public relations “spin” and the media used to keep
him above the fray. No one should be above the law. Maybe even his
status as a sheriff intimidates those who could step up and do
something about it. What is more important, the politics and petty
personal differences or the Criminal Justice System? Money spent on
investigations will be lost. Now, someone has to be hired to do an
inventory of the evidence. Criminals pending trial in some cases will
have to be freed and will be back on our streets…some convictions will
probably be overturned…ARE YOU FEELING OUTRAGE?…ARE YOU Feeling Safe?
Anthony G. "Tony" Falterman
23rdd Judical District Attorney, Retired
Assumption Parish Sheriff, Retired
Napoleonville, Louisiana
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