2013 Optional Outcomes:Nature of the Beast Saturday, Dec 22 2012 

A War on Two Fronts: for national success, Jindal needs to protect his flank

By Lauren McGaughy and Bruce Alpert

If this year’s presidential campaign taught Americans anything, it’s that a strong start does not always denote a strong finish. “Time off” for those with national aspirations also does not exist, with candidates for 2016 already emerging.

Arguably, one of the first horses out of the gate is Louisiana Gov. Bobby Jindal, who, after Nov. 6, came out more strongly than any other possible 2016 Republican nominee in advocating for a major shift in party messaging, whether it’s touting his education overhaul at the Brookings Institution, shifting his stance on oral contraception or pushing a more moderate view of immigration policy than some of his GOP counterparts.

While the Republican loss may have dashed any hopes of a Jindal cabinet position — although he has said he was not interested in a cabinet position — in a Mitt Romney- Paul Ryan administration, Jindal’s pivot away from the GOP candidate and highly-calculated thrust into the national conversation has at least one outlet calling him “the truth teller.”

But as his national stature rises, Jindal must also contend with increasing public policy problems and political dissatisfaction at home. This includes a looming debt crisis and a Legislature increasingly upset over last-minute policies pushed through the 2012 legislative session.obamalandrieujindal

With three years for these problems to fester, many analysts and officials say that perhaps the best strategy for Jindal to follow is to get back home and shore up his defenses.

“I would rather him focus the next three years getting Louisiana back on track,” State Rep. Cameron Henry, R-Metairie said. “I think that would do his national image a greater justice. There’s no better way to prove what you can do on the national level than doing it on the local level.”

It will be this challenge — framing his national persona while quashing increasing dissatisfaction with his policies at home — that will become his biggest challenge in the next four years.

The governor, who got his start in state politics early when he was appointed as head of hospitals at the age of 24, continues to deny his national ambitions.

In a recent telephone interview with NOLA.com, Jindal said, “Anybody that’s even talking about or thinking about running for president in 2016 should have their heads examined.”

Yet just recently, Jindal was among five Republican governors who approached billionaire casino magnate and top GOP financier Sheldon Adelson about possible financial backing — an unlikely move unless he was contemplating a national campaign.

Jindal’s possible candidacy comes as the GOP launches a soul-searching effort to figure out why the Romney-Ryan ticket was handily defeated by a Democratic incumbent amid a halting economic recovery.

A critical question for Republicans is how to win a bigger share of Hispanic, women and minority voters. Some believe Jindal, who was born to immigrant parents and went on to become a Rhodes Scholar before becoming governor of a highly conservative state, could provide a winning vision.

Jindal said the challenge facing the GOP is more than one of just style.

“This has to be more than just marketing or PR; this is not simply the same policies that got us to where we are today,” Jindal told NOLA.com.

At the same time, many of Jindal’s proposals will not exactly shock the party faithful. One that he cited specifically, school vouchers, has been a longtime conservative goal. Another, eliminating loopholes in the tax code as a means of lowering overall rates, has been supported by various groups over the years and was a prominent, if non-specific, part of the budget proposed by Ryan last year.

Notably, the governor is likely to still be able to point to accomplishments in both those areas if he does make a run for the White House as the legal battle over vouchers continues and the administration plans to attempt to overhaul the state’s tax code during the next legislative session.

Pressed about the difference between changes in rhetoric vs. changes in policy, Jindal Communications Director Kyle Plotkin suggested two additional areas where there may be some distance between the governor and mainstream conservatism: immigration and energy policy.

Jindal has publicly stated that the United States should increase legal immigration, a position that could put him at odds with some factions within the GOP. In addition, he has argued that energy issues cannot be solved by increased drilling alone.

Taking cues from Bill Clinton

While some think Jindal could take cues from George W. Bush’s successful shift from governor of Texas to president, analysts said he might want to follow the lead of another ex-governor — Bill Clinton.

Clinton’s 1992 move from the Arkansas state house to the White House came as he successfully transformed his Democratic Party from the liberal policies of the doomed 1988 nominee Michael Dukakis to one designed to appeal more to moderate voters.

The trick for Republicans, according to former Louisiana Rep. Billy Tauzin, R-Chackbay, is to become “less threatening” to minorities, women and young voters while retaining many of the party’s conservative elements important to the party base.

Clinton’s strategy — coming after the Democratic Party lost three successive presidential races — was to use his vice chair position on the Democratic Leadership Council in an attempt to reposition his party with more centrist polices.

“I think the Republicans, whether it’s Bobby Jindal or someone else, need to expand the Republican base, much as Clinton expanded the Democratic base,” said former Sen. John Breaux, D-La., who served in the DLC leadership with Clinton.

Jindal, with his strong conservative credentials, could also pull his party away from the right, where Romney, with his moderate background as governor of Massachusetts, was forced to take it.

“The (conservative) base will trust Jindal more because he has governed as a conservative in Louisiana,” said Tauzin, who helped advise both the George W. Bush and Rick Perry presidential campaigns.

That said, the path to the nomination isn’t going to be easy. In the seemingly never-ending 2012 GOP presidential race, there was a new front-runner every few weeks.

And with about three years left until the campaigns ratchet up for election season, Jindal has ample time to further build — or lose — his lead in the national narrative.

During that time, the Baton Rouge native will face multiple challenges at home, including a less amenable electorate and Legislature.

A Southern Media and Opinion Research poll released in October showed Jindal’s approval rating has plummeted since fall 2011, from 64 to 51 percent. The issues that engendered the most anger among those polled were those also causing grief among lawmakers — recent deep budget cuts.

Steep budget cuts, especially in the hospital and prison systems, and an education overhaul rammed through the Legislature, worried those polled as well as lawmakers.

And despite facing little successful opposition from legislators during his first years in office, all indications point toward a heated 2013 Legislative session, slated to begin in early April.

Larry Sabato, the director of the Center for Politics at the University of Virginia, said Jindal needs to worry how this local disaffection could affect his national image.

“Everything you do at home is seen in the context of your presidential candidacy,” Sabato said. “The usual criticism is amplified because the home folks feel neglected, and the national media picks up the noise and broadcasts it across the nation.”

The 2013 session will deal almost exclusively with fiscal policy. During the session, the two most pressing issues addressed will be the debt and tax reform.

Challenging the budgeting process

“We feel that this budget, the budget practices of the last several years, have run afoul of the Constitution. And not only that, it’s just bad fiscal policy,” said Rep. Kirk Talbot, R-River Ridge.

Talbot and 18 other members of the Louisiana House sent a letter to Attorney General Buddy Caldwell on Nov. 19, questioning the constitutionality of last year’s budget.

The issue will most likely go all the way to the state’s Supreme Court. The group who issues the complaint, who call themselves the Louisiana Budget Reform Campaign, are not the only legislators angry with the state’s debt.

Rep. Katrina Jackson, D-Monroe, said she and other Democrats will also be outspoken on this issue, which she repeatedly called “the Gov. Jindal-created deficit.” She also said she’s been shocked by recent statements by Jindal that he’s a “man of the people” after tax cuts and exemptions have fueled the state’s current fiscal crisis.

Jindal’s top legislative agenda item next year, sweeping state tax reform, could also meet with opposition. But as details are scarce on actual policy, it’s hard to predict how the legislature will react.

But there are still large swaths of the legislature in support of Jindal. While fiscal-hawk conservatives and Democrats have made clear their displeasure, other Republicans say the problem is less with policy and more with procedure.

“They are unhappy with the methodology under which they do the budgeting process,” said state Sen. Conrad Appel, R-Metairie. “It’s really a battle of principle. I don’t think they’re mad at Jindal. They think [the administration’s] doing it in an improper way,”

Nonetheless, procedural problems could still plague Jindal next session, especially after an aspect of his much touted education overhaul was ruled unconstitutional earlier this month by a district judge. The Jindal administration has indicated it will appeal the ruling.

“I think the majority of the body going into this [legislative] session … is going to be a lot different,” said Stephen Ortego, D-Carencro, the youngest member at 28. “The one big thing is we’re not coming off of an election and we’re coming off a lack of trust, a lack of transparency. That’s become the white elephant in the room.”

Rep. John Bel Edwards echoed this sentiment, adding, “the problem is the vast majority of people in the Legislature believe that he is principally motivated by his own self ambition. That colors the prism through which we see all of his initiatives.”

He added many in Jindal’s own party “have grown weary of his extremism, grown wearing of the dictatorial manner in which he runs the governor’s office.”

Texas Gov. Rick Perry, once a front-runner among Republicans, also came under fire at home for being away from home during his ill-fated presidential run this season, but has now more or less returned to his previous popularity among Texas voters.

Perry also shared more power with other state elected officials, thus relieving him of some of the burden if policies fail.

“Neither he nor Bush ran while confronted by big problems of wide concern, like your budget shortfall,” said Bruce Buchanan, a political scientist at the University of Texas at Austin.

Breaux added both Clinton and Bush were popular at home before deciding to run for president. Although Jindal remains a formidable political force in Louisiana, any increasing challenges to his power could have national consequences.



To Be Continued:Unequal Justice & Indigent Defense in Louisiana Monday, Dec 6 2010 

The CONTINUED: UnEqual Justice in Louisiana.  Indigent Defense Case in 4th JDC-OCC maxed with pre-trial detainees-OPSO to sue police Jury. INJUSTICE-no end in sight. 

In the federal scheme of things.

June 05, 2011

Trial opens for ex-La. mayor snared in FBI sting

Michael KunzelmanA trial is scheduled to open Monday for a former Louisiana mayor charged with taking bribes from undercover FBI agents and a government operative who were posing as businessmen hawking a fictitious trash can cleaning product.

Former New Roads Mayor Tommy Nelson Jr., who lost his re-election bid last year, is one of several elected officials caught up in the sting operation. The first trial spawned by “Operation Blighted Officials” ended in March with a split verdict. Jurors convicted former White Castle Mayor Maurice Brown of corruption charges but acquitted his brother, Mario, the town’s police chief.

A key government witness for both trials is William Myles, a businessman who was hired by the FBI five years ago to work as an undercover operative.

During the Browns’ trial, Myles said he started working for the FBI in Connecticut in 2005 while he was working on a school contract and ran into corrupt local officials. Myles said his primary motivation for reporting the alleged corruption to the FBI was his hope that agents would help win leniency for his son, who was facing felony drug charges.

But the FBI ultimately recruited him to work full-time on other cases, including probes of Ponzi schemes and “national security matters,” Myles testified.

In Louisiana, the FBI enlisted him to portray a corrupt businessman promoting “Cifer 5000,” which was billed as a “conceptual product” that municipalities could use to clean residents’ trash cans. Although it was modeled after an existing product, the FBI invented Cifer 5000 as an excuse for Myles and undercover agents to approach elected officials suspected of being corrupt.

The agents went to elaborate lengths to back up Myles’ cover story: FBI Special Agent Maurice Hattier testified that agents created an electronic paper trail for a bogus government contract in Myles’ name and even encouraged a Connecticut newspaper called Inquiring News to publish a glowing profile of Myles.

The FBI also has spent more than $500,000 since 2006 to pay Myles’ $2,000 weekly salary and cover his expenses, including monthly $2,900 rent for a New Orleans condominium, lease payments for a BMW, a maid service, dry cleaning, meals and flights home to visit his family members, who weren’t allowed to visit him while he was undercover.

Prosecutors have said Myles needed the money to maintain his cover as a successful businessman, but the Browns’ attorneys tried to portray him as a greedy opportunist.

Mario Brown’s lawyer, John McLindon, said his client was accused of taking about $3,400 in cash and tickets to sporting events, while the government spent $5,000 on Myles’ dry cleaning alone.

“It just got a little carried away,” McLindon said in an interview Friday. “It’s an awful lot of money.”

The government’s initial target was St. Gabriel Mayor George Grace. The FBI launched its undercover prove in late 2007 or early 2008 after hearing allegations that Grace had solicited bribes from Houston and Baton Rouge businessmen.

The FBI dispatched Myles to introduce himself to Grace and pitch him on Cifer 5000. The undercover probe expanded to other targets when Grace identified other officials in his inner circle who may be willing to take payoffs in exchange for their support of the product, according to prosecutors.

“We felt that the undercover operation provided a means to fully explore Mayor Grace’s corruption and that of others around him,” Hattier testified.

Lawyers for the officials charged in the FBI probe have accused the government of selectively targeting black politicians, an allegation denied by prosecutors. Nelson, Grace, the Browns and others charged in Operation Blighted Officials are all black.

In a court filing, Nelson said he first met Myles at a golf outing connected to the National Conference of Black Mayors in June 2008. Several months later, Grace arranged for Myles and an undercover agent to meet him and other members of Grace’s “A team” in New Orleans so they could discuss Cifer 5000, prosecutors said.

Myles and the agent gave them free tickets to a Saints game, paid for their hotel rooms and gave Grace a $2,000 cash bribe to split with the other mayors, according to prosecutors. Nelson allegedly received $300 from Grace that night and subsequently took four cash bribes totaling $20,000 from Myles and an undercover agent.

Page Pate, one of Nelson’s attorneys, wouldn’t comment on the allegations against his client. But a court filing Friday by Nelson’s lawyers says they may employ an entrapment defense. The Browns’ attorneys also argued that the FBI entrapped their clients, a claim Myles rejected.

“We don’t go after somebody to make them commit a crime,” he testified. “The plan was, let’s see what he wants. Let’s see what he wants to do. And from that it evolves on its own.”

Darin McAllister, an undercover FBI agent who posed as a venture capitalist involved in the Cifer 5000 project, was convicted last year of unrelated wire fraud charges in Nashville, Tenn., and no longer works for the FBI. He isn’t expected to testify at Nelson’s trial.

Grace is scheduled to be tried in January 2012. A trial for two others, Port Allen Mayor Derek Lewis and Port Allen Police Chief Fred Smith, is scheduled to start July 25. Former Port Allen City Councilman Johnny L. Johnson Sr. pleaded guilty last year to racketeering and bribery charges.

The Associated Press

3:10-cr-00099-RET-SCR USA v. Nelson Jury Trial for defendant Nelson

Trial in Courtroom 3 before Chief Judge Tyson
Mon Jun 6 9am – 10am Central Time
Russell B. Long Federal Courthouse, Courtroom 3, 777 Florida Street, Baton Rouge, Louisiana

The Trial for New Roads former Mayor Tommy Nelson begins this day June 6, 2011. Nelson Memorandum Motion on Selective Prosecution of Black Elected Officials & the governments response LAMD. And, the Lousiana State NAACP September 2010 Resolution on Targetting Black Elected Officials.

Not only Nelson in New Roads, but Leslie Thomspon in Jonesboro on the stateside.  Add the recent conviction of two black city Councilmen in Monroe.  Plus the, focus being the Monroe Mayor in it’s originality and considering the federal systems imprisoning of former Senator Jones, on the “final basis” of a threat to society, based on a DWI arrest. Jones’ appeal-bond denied in part on DWI-Threat to Society, scenario!

All the while, Victoria Gosserand of New Roads is still free on the vehicular homicide of a young black woman 2 years ago.  Yet, the same US Atty in the Nelson affair has not sought to investigate his friends in Pointe Coupee, who originally suspiciously released Gosserand; of which matter Nelson spoke out on, and in after which an indictment was handed down!

FBI agent indicted in wire fraud scheme

Thursday, May 20, 2010 at 10:32am

An FBI special agent based in Nashville faces a 19–count grand jury indictment filled with charges of wire fraud, bank fraud and swearing a false oath in bankruptcy.

A Davidson County grand jury indicted Special Agent Darin Lee McAllister, 44, of Brentwood on Wednesday, alleging that he devised a wire fraud scheme to bilk SunTrust Mortgage Co. Inc. out of $1.25 million connected to the purchase of rental properties in May and July 2006, according to a news release from the U.S. Attorney’s office in East Tennessee.

The indictment also alleges McAllister schemed to defraud SunTrust Bank out of a $100,000 line of credit and made false statements regarding his bankruptcy petition.

In the indictment filed Wednesday in U.S. District Court, McAllister is accused of falsely representing himself as the president of Judah Music and claiming he made $500,000 annually as such.

McAllister is credited as executive producer or production coordinator on a few of his wife’s — Judith Christie McAllister — gospel albums, including In His Presence: Live!, Raise the Praise, and Send Judah First.

Darin McAllister allegedly wired money from Atlanta, Ga., to an escrow account in Brentwood 15 times on May 26, 31 and July 27. The least amount of money transferred was $22,349.18 and the most was $123,117.54.

If convicted on all counts, Darin McAllister faces a total of 345 years in prison and $6.5 million in fines, as well as any court-ordered restitution, according to the release.

McAllister is set to appear June 9 in the U.S. District Court in Nashville, where he will be allowed to turn himself in to U.S. Marshals.

Assistant U.S. Attorney Gary S. Humble represents the United States

There is no choice about going to court on June 13, 2011 in the 4th JDC. If justice was truly, to be done, the District Attorney would have discussed this by now!

While the OPSO, is posturingly pimping impoverished prisoners for their own prosperity, the Federal prosecutors turn a blind eye to the continued “under the color-of-law” operations, in lieu of Justice.

Certain Negroes, have to be handled succinctly to make the others, understand. Full steam ahead, you un-chastisable illegitimate denigrates.  We hollering at the pain of your afflicting Oppression. God, hear in heaven!  Deal justly with these unsavory un-American Christians.

Aw-ite, SOMEBODY GON’ GET TIRED. No Justice! Justice is when the “wrongs” are balanced out by acts of God!! And YOU wonder.

We was always treated as an underclass. Now, America has to deal with an under-underclass.  Under the guise of  freedom, the closets have swung wide open and the depravity is prevalently predatory.

Mr. Boehner knows, he will need an encampment to protect, his grands from the present attacks on morality. WRONG is right!!  So, the racism of the RIGHT has assailed for so long, that God in Heaven has given us all, a lowdown dirty vulgar under-underclass to contend with.

As June 13 approaches, the judicial process in Louisiana is still abyssmal. Somebody might say, -it is all we got. Some say is better and improved. Where? Political prisoners in a defacto race-war, vis-a-vis the GOP, the Black Man and the Dixie-crats don’t still have a snowball chance in July in the nightmare called Louisiana. The Louisiana Governor and two other GOP governors, refuse to have anything to do with the Federal Healthcare offered by the current administration. It is in this climate the a Rep. Labruzzo of NOLA, introduced drug-testing legislation for FITAP recipients. It should be remembered that, the basis of the Palinist factionnistas is TAXES – The revolt is about paying taxes to help the coons.

THE EPITOME OF AN UNJUST NATION-Louisiana John Thompson and The United States Supreme Court Connick v. Thompson ~|~Ginsburg-JohnThompson

As preparations are ongoing to go to court in the 4th JDC in the criminal matter involving, Lee; the attorney for his alledged accomplice is about to be reported to the state bar & the disciplinary board. Whether something occurs to correct him is uncertain. As in other cases -Michael Cobb- attorneys and prosecutors have been reported to the appropriate agency in the state supreme court, yet nothing happened! ~We Shall See~

Post Civil Rights Traumatic Stress Syndrome:Jonesboro, Louisiana & New Roads!

BATTLE LINES BEING DRAWN in Jonesboro & New Roads, Louisiana

2011 March 28 – Come-ing up on the evolution of the factual trial in 4thJDC.
The unequal justice of the entire Louisiana Criminal & Civil Justice System is evidenced and played out in the 4th JDC. The first, PDO Attorney, was just a “stand-in” just to meet the requirement of the Law. Now, WE WILL NOT STAND FOR THE 4thJDC-IDB to lay this at the feet of the CURRENT ATTORNEY; who, at the last court date, still hadn’t recieve absolute documents of the former “stand-ins” non-assistance. Mr. Oliveaux is a mere cog in the wheel of injustice.

You got to know, that Ouachita Parish Sheriff Royce Toney is darn near under indictment.  But the biggest fiasco has yet to surface.  Quietly swept – in Richwood’s S. Monroe – a family was under attack by gangers.  Major Jason Pleasant had a prominent role in the ensuing occurences.  In fact, the fallout led to LSP being contacted & DOJ being advised.
A perps Uncle, took him in , in a central-Louisiana hub-city; and immediately the Uncle began to be repeatedly pull Over!!
After all this is STILL, America; we’re black and this just the way it goes? Evoluion of A Breakdown
The Post-trial Conviction of the Black Man-Barack Obama

The post-Trial conviction of black-folk and the Black Man in general is encroaching upon white-folk.  See, y’all don’t know this, but back yonder, a white-woman was seen as a minority.  In order to ex-out the black man, the dixiecrats made sure minorities were inserted.

So, that when the CongressWoman spoke spectacularly for the lumpen proletariat; hierarchy of the ‘RIGHT-WING NEO-CON KLANISH OATHKEEPER-BIRTHER aka Tpartier’s sent out one of its lower echelon minions to extract blood.

Rep. Jones tapped to chair La. House Judiciary Committee

December 22, 2010

Gannett Capital Bureau

BATON ROUGE — State Rep. Rosalind Jones, D-Monroe, has been selected to chair the House Judiciary Committee.

The Samone Effect – D’Adria left here the other day.  The same day an 87 year old departed in another rural area of northeast Louisiana. But the thing about the Samone Effect is that, enablers participated in her demise.  The systems, which are suppose to deal with these matters, have not; in this case.

The state of Louisiana is prosecuting two twenty year-old, defendants in an armed robbery of a convenience store, on US 165 South in S. Monroe, Louisiana. Unequaled Justice is allowing defendant Benjamin Ware to consistently, manipulate the system to his advantage.  And while trial testimony in New Orleans steadily indicts the inefficiency of a rabid Law Enforcement apparatus,  in North Louisiana the “law” is flexing its proverbial muscle to consistently maintain the darkness.  I thought it strange, when the Sheriff leaned into his conversation with his weapon on his hip, while speaking to two middled-aged american born women.

It was obvious, the women were thoroughly intimidated.   It is a further shame, when the D.A., refuses to talk to relatives of defendants  concerning, intervention.

However, every form of ‘break’, ‘intervening’ and exception will be afforded the Ouachita Sheriff.  And we have the nerve to be disturbed, when the lumpen proletariat have no respect for the law, the courts or this present world system.  We shall, indeed reap what we have sown!

Factually stated the law enforcement hierarchy in Monroe, Louisiana and Ouachita Parish is in crisis.  The Police Chief retired under pressure from “secretly recording” conversations with the Mayor.

Now, the Ouachita Parish Sheriff is under less than auspicious consternation after a divorce suit was filed, nameing him as the cause of a marital breakup.  Previously, upheaval was causing concern as a new facility in W. Monroe, was to be started involving inmates being housed in the former school.  The Sheriff bought the facility without proper procedure.

In an earlier incident, the building of housing for inmates, was suspect because of bid law; of which may or may not have been violated.  Yet there was no formal investigation or public inquiry.  Because of prior events, we expect not that the La. AG will intervene, request a grand jury or otherwise seek to judiciously excise the matter.

An Now comes, to bear the United States Western District, US Attorney’s Office.  Which, itself has not pursued or opted to investigate, or contacted and called in the DOJ’s public integrity division of  DOJ’s Civil Rights Section, Criminal Division.  At such is to be expected, considering the ongoing federal-state case involving Benjamin Ware, a felon convicted prior to his current status, and who plead guilty on the charges of “possession of a firearm while in commission of a robbery”.

Since, the plea Ware has opted for Sanity evaluation, and of this date has been given an order to avoid his Dec 6, 2010 [Today] sentencing.

Upon consideration,
IT IS ORDERED that Defendant’s Motion to Continue Sentencing Hearing [Doc. No. 50]
is GRANTED. Defendant’s sentencing hearing is RE-SET for February 7, 2011, at 1:30 P.M.
Monroe, Louisiana, this 29th day of November, 2010.


NOW INTO COURT, through undersigned counsel, comes BENJAMIN WARE, made defendant herein, who respectfully represents:
Defendant is set for sentencing on December 6, 2010.
Counsel for the Defendant has been evaluated as previously ordered by the Court and a report has been prepared. A copy of the report has been provided to Counsel and he has spoken to the parties who evaluated the Defendant.
Nonetheless, Defendant has not yet returned to the custody of the Monroe Division and Counsel has been advised by the Marshall’s Office that no such firm date can be provided.
Counsel and Defendant have not yet had an opportunity to meet and discuss the outcome of the report and what motions may be appropriate, if any, in regard to the results thereof.
Counsel for the Defendant has NOT spoken with AUSA Walker regarding this measure, and Case 3:09-cr-00200-RGJ-KLH Document 50 Filed 11/24/10

must therefore assume she has opposition to continue the sentencing.
WHEREFORE, BENJAMIN WARE, prays that the sentencing in this matter be continued.
Respectfully submitted by:
CJA PANEL; Appointed Counsel for BENJAMIN WARE
4007 White’s Ferry Road, Suite B
West Monroe, Louisiana 71291
(318) 396-0540 FAX : (318) 396-0292
s/ Walter M. Caldwell, IV
BY: Walter M. Caldwell, IV, LSBA NO. 22289
I HEREBY CERTIFY that a copy of the foregoing motion has been forwarded by electronic notice to CRISTINA WALKER, Assistant U.S. Attorney, 300 Fannin Street, 3rd Floor, Shreveport, Louisiana 71101, this August 25, 2010.
s/ Walter M. Caldwell, IV
Case 3:09-cr-00200-RGJ-KLH Document 50 Filed 11/24/10 Page 2 of 2 PageID #: 139

Upon consideration,
IT IS ORDERED that Defendant’s Motion to Continue Sentencing Date [Doc. No. 126] is
GRANTED. The sentencing hearing, currently set on December 6, 2010, is CONTINUE AND RESET
on January 5, 2011, at 1:30 P.M. Sentencing memoranda must be filed no later than December
22, 2010. Any responses to the opposing party’s sentencing memorandum are due no later than
December 29, 2010.
MONROE, LOUISIANA, this 19th day of November, 2010

JAPA Initiative IAM,Inc.

Praise Pathway Project


Sheriff’s office investigating death of young woman

By Zack Southwell • zsouthwell@monroe.gannett.com • December 6, 2010

Ouachita Parish Sheriff’s deputies are investigating the death of a young woman whose body was found in a Ouachita Parish home on Monday.

Ouachita Parish Sheriff’s Maj. Jason Pleasant said investigators were called to a residence on Love Drive about a body inside a home.

“We went out and took some statements,” Pleasant said. “We plan on going back out in the morning and get some more information.”

Pleasant said the woman, whose identity was not given, appeared to be around 23 years old. He said her body was sent to Little Rock, Ark., for an autopsy.

“We look forward to getting back the preliminary results of the autopsy to help with our investigation,” Pleasant said.

No other information was available late Monday.

Ongoing investigation into woman’s death

By Zack Southwell • zsouthwell@monroe.gannett.com • December 10, 2010

Ouachita Parish deputies continue to investigate the discovery of a woman’s body in a house on Love Drive.

Maj. Jason Pleasant said the woman, whose identity has not been released, was found dead in the home this Monday. He said Tuesday there was nothing to indicate foul play was involved in the death of the woman.

The body of the woman, 23, was sent to Little Rock, Ark., for an autopsy.

“We will need those (autopsy) results before we can continue,” Pleasant said. “The results give us critical information that will help with our investigation.”

Pleasant said investigators need legitimate physical evidence to confirm the testimony of witnesses.

Sheriff’s office investigating death of young woman

By Zack Southwell • zsouthwell@monroe.gannett.com • December 7, 2010

Ouachita Parish Sheriff’s deputies are investigating the death of a young woman whose body was found in a Ouachita Parish home on Monday.

Ouachita Parish Sheriff’s Maj. Jason Pleasant said investigators were called to a residence on Love Drive about a body inside a home.

“We went out and took some statements,” Pleasant said. “We plan on going back out in the morning and get some more information.”

Pleasant said the woman, whose identity was not given, appeared to be around 23 years old. He said her body was sent to Little Rock, Ark., for an autopsy.

“We look forward to getting back the preliminary results of the autopsy to help with our investigation,” Pleasant said.

No other information was available late Monday.

Why Lee must be freed! Thursday, Jun 4 2009 

22 October 2010

Who will stand up for justice & righteousness? This Report elucidates the problems of the Public Defender Office in Calcasieu Parish’s 14th JDC outlines similar problems in the 4th JDC and no doubt in many more, statewide.

As we await justice being served, it is strange that in the Winn Parish instance & the Ouachita instance, federal cases are predominantly in the mix.  Ware in 4th JDC is utilizing the federal system to his delaying advantage.  Nugent in 8thJDC has effectively nuance himself into an advantgeous position with Taser International’s Attorney Glass.   However, again; the LAWD US Atty Stephanie Finley is in a position in both cases to act decisively in the truer interest of Justice.   Whatever, these outcomes may be, at some point justice advocates will speak, publicly & vociferously about these matters.   The civil rights in the 4th JDC are being violated.  It is no doubt, criminal Civil Rights violations took place in death of Pikes (Collins). But it always is so that, the system has to be pushed in to doing what it should as a matter of course.


Testimony begins in trial of officer accused of Tasing a handcuffed inmate to death

Associated Press – October 21, 2010 10:24 PM ET

WINNFIELD, La. (AP) – In afternoon testimony at the manslaughter trial of a former Winnfield Police officer accused of shocking a handcuffed prisoner to death, prosecutors played a recording of the officer’s statement given to state police investigators.

In Scott Nugent’s statement, he says he warned 21-year-old Baron Pikes Jr. repeatedly before he actually used his Taser. Prosecutors say Pikes was shocked nine times in 14 minutes, nine seconds. The defense says Pikes was shocked eight times with a voltage that was not enough to kill Pikes.

Nugent says Pikes did not talk of pain or complain about any condition until he suddenly told the officers he had taken illegal drugs and had asthma. An autopsy later found no trace of drugs in Pikes’ system.

Nugent says his police training indicated that shocking with a Taser was the proper response to a prisoner who wouldn’t comply with orders. Earlier prosecutors said Pikes used what was described as “passive resistance,” refusing to get off the ground and into the police car, and later to get out of the car. District Attorney Chris Nevils says Nugent would then stun Pikes using a technique called “drive stun,” in which the probes from the Taser are not discharged, but the gun instead is pressed against the person “to drive someone somewhere.”

Copyright 2010 The Associated Press. All rights reserved.

Who can make a difference

21 October 2010

An indictment on the efficacy of Judicial Process in Louisiana.

Well, the Conclusion to this journal of events involving the jurisprudence of the Indigent Defense system, the federal system, the state and its efficacy in the case of Lee is just about to turn a corner, so to speak.  Where really is Benjamin B. Ware?  Why has the Western District yet to sentence him? In the interest of Justice, will justice be served?  When the Defender Office is using “place holder defenders” as it did with Attorney Oliveaux is this judicial process in its most efficient state?

The federal offender Benjamin Ware was scheduled to be sentenced October 4, 2010.  No record of sentencing is on the Western District’s site for Press Releases.  However, the prosecution is attempting to get the state defendants to roll-over on one another.

Ben Ware used the boys, he manipulated and catapulted them into some thing they had no idea, about. Yet continually, the government has allowed this assailant to “frustrate justice” at the expense of the unlearned.

In the matter of Why Lee Must Be Freed?! The federal client is scheduled to appear on 7Sept in Western District.  The state defendant Lee is scheduled to appear in state court Sept 8, 2010.

31 August 2010
It is without doubt, the ramifications of the judicial process which is causing the delay in Winnfield’s Taser trial.  An attorney with Taser International is a counsel of record in the criminal case.  There is a federal civil case ongoing, also.  It is peculiarly so, much so; that the state has had to intervene in the discovery of the federal civil suit.
Enemies of the State!

17August 2010

It has become increasingly evident, that the real enemies of the state are those who are supposed to be the protectors of the ideals and doctrines that make our society a cohesed unit.  But in fact, when the state in its many forms orchestrate’s upheaval and discord on every level as a “general order” standing in all facets of governance.  In the legislative sectors – both nationally & state, are consistently debating issues of division and derision.

It has come to the attention of activist, in some locales and possibly in others across the country that gang-related retributions & retaliations have been orchestrated by law-enforcement themselves.

*–* In no way does Commonwealth condone illegal acts of any kind, perpetrated  on any of the World’s Citizens. Whether it is robbery, murder, burglary, mayhem or any other crime against an individual as in assault of any kind, and of any age or gender.*_*

When locally, law-enforcement, situates there reports in such a manner that retaliations against “criminal-partner’s” families are accomplished and no public service is given to the “perpertrators of crime” families; a further decrease in confidence in the state is evolved; steadily.  When, state legislatures, commit to surveil the justice system and does not; it becomes an enemy to the state.  Because, it will not do its job, the legislature of a state in effect, becomes an enemy of the state.  When Attorney’s Generals cease to clarify actions on issues involving the security of a state’s citizenry, it becomes an enemy of the state.

When police officers kill citizenry and local jurisdictions settle with families for any sum, let lone a mere 150k; and no criminal action is taken; especially so when the federal arm of justice, the state arm of justice & any other arm of justice: delay, forego, refuse to litigate & thusly inform the public of it’s legal intent; they themselves become enemies of the state.  Why?  Because the methods applied cause mistrust & distrust to increase.   And then, who do the masses apply to for assistance in their plight?  Fear ensues.  Death leads to death.

20 July 2010::Preparing to post “Enemies of the State”; a strong message exposing the powers that be, at work, right in the open; & in your face.

18 June 2010June 2010 Effective Assistance of Counsel 15th JDC Report

| Amended Lake Charles [State] Complaint
This is Why. The entire system needs to be shutdown. Every one is “smoked over” by the oil on the gulf. Louisiana especially, with efforts on to call an Article 5 US Constitutional Convention; which is conservative backlash against the POTUS.   Lee’s next court date is on 19 July 2010.  If the defender system is in such “near collapse”, an intervening apparatus should be put in effect ending all proceedings and releasing all defendants, presently awaiting trial.  It is a fact, that as in the La.15th IDO this defendant had “a place holder” defender.  Motions were not filed expeditiously and on several occasions he [the public defender] was not in court, when he should have been.

About Janell Monae: This artist begins the current generation’s push for change in the system.  The theme of her music is, the ruling class subjugating the masses. The “ArchAndroid” seeks the “freedom” of the underclass.  Set, to the 1927 silent film “Metropolis” a refrain declares “. ..‘your freedom is in a bind’.

16June2010 –So ultra-‘Melancholy’. 7.0 in Indonesia with 6.4 aftershock; oil on the Gulf. Change is relative. Judicial Process still heaving as lightning strikes ‘horizon-containment vessel’-began oil burn! Intervention Needed!!

4 March 2010-A new attorney has been placed on Lee’s case.  A new court date of March 22nd has been scheduled.  The last time Lee was in court, was March 1st.  Federal charges against a co-defendant has be-labored the states prosecution.  The victim in the armed robbery identified the federal defendant as the shooter in the incident.  A witness, and surveillance video identify the two individuals, that entered the store.  Lee is not identified as entering the store.

9 Nov 2009 – A preliminary examination was re-scheduled for 4 Jan 2010. The prosecutor was recovering from giving birth. The detective was involved in an accident that required hospitalization. Lee turned 20-yoa in OCC in late October.

Where do we go from here?! -Email- – relative to intervening on the present system. Someone has to make the sacrifice on behalf of the speechless.  This is Louisiana.

The lawsuit that changed it all-REOPENED in 19thJDC
3rd official admits guilt
Advocate staff writer
Published: Nov 3, 2009
The longtime chief investigator for the local Public Defender’s Office admitted Monday to bribing a senior city prosecutor and other court officials to fix criminal and traffic cases in City Court and state District Court in Baton Rouge. Public Defense statewide should go on alert.  Especially so, since Jean Faria has admitted state public defense is still under-funded.  *Since, the La. AG is the de-facto defense attorney for state agencies, intervention is necessitated in the federal level.

3Nov2009-Several Court appearances have been docketed for Lee, since the 2Aug post. On August 19th from the OCC @ 9am via closed circuit.  On October 12th @ 9am, which was put-off to November 9th.  The attorney-of-record, a public defender, was in 4th District Court in Morehouse. In late October Lee was re-booked on a battery charge.  *Whatever the outcome of the original charges, now additional charges must be dealt with.

Lee was attacked the last week of July by an inmate who has been incarcerated since January 2008, according to the inmate’s affadavit of pc. As of then, Lee had spoke with the court-appointed attorney only once- July 8th.

At the end of last week, Assistant District Attorney Mike Ruddick, who keeps up with the numbers, said pretrial detainees numbered 541. Of that number, only 51 inmates had been there for 11 months or more. Of that number, 36 are awaiting trials while the remainder have been found incompetent to proceed and are awaiting open beds at East Feliciana Forensic facility at Jackson.

Lee is held currently in Ouachita Correctional Center, near Monroe, Louisiana.

A Public Defender has been assigned to Lee. However, as of today’s date June 16th 2009, that person assigned to assist Lee in his defense, has not talked with Lee. This is the norm! It was the norm in 2001 and it is the norm in 2009. Since the alledged reforms of the indigent defense apparatus in Louisiana; still, defendants wait. Lee’s next court date is 1 July 2009.  “What avenues must be pursued to access justice. Is it justice in play, when such a scenario as this can occur at this day and time. Still there must be a ‘revamping of the judicial process’ in Louisiana & America. How is ‘justice prevailing’ in a system such as this?” We shall see who will step in.

Will Lee receive ADEQUATE ASSISTANCE OF COUNSEL in the Criminal Justice System? Was there a set-up involved, seeing that the forty-two year-old suspect is attempting to lessen his penalty? Federal agents have questioned 19 year-old Lee!

Media intensity?-Why?

Media intensity?-Why?

Lee was apprehended on the morning of May 8, 2009 with two individuals at a convenience store on US 165 South/MLK,Jr. Blvd in South Monroe. The affadavit of pc concerning Lee declares to the police, that he knew nothing of what the other two men with him had in mind.

Lee was the driver of the vehicle. The affadavit of probable cause cites video surveillance of the two suspects in the store. That video does not include Lee.

Was Lee a victim of circumstance? Did Lee drive away from the scene in fear of his life? Lee states under Miranda his not taking part in the robbery.

Lee, did not conspire with the other two men to commit armed robbery or any other crime. Lee went to S. Monroe to go clubbing. The nightclub FACES is directly across the four lane from the convenience store.

Will Lee be afforded – equal protection under the law – in the Indigent Defense System of Louisiana. Oh yes, the look on Lee’s face? The camera was hounding for his mug. Why?

Lee may be guilty of something, but it is not armed robbery -use of a firearm; or criminal conspiracy. And that’s final.
News Story update June 23, 2009 | By Matthew Hamilton • mhamilton@monroe.gannett.com • May 14, 2009
A Bastrop man charged with the armed robbery of a Shell gas station last week is a suspect in a string of armed robberies from Louisiana to the Arkansas line.

Maj. Don Bartley said Monroe police charged 43-year-old Benjamin B. Ware on Wednesday with the armed robbery of the Circle K convenience store at 1407 Sterlington Road. Bartley said a man came into the store May 5 with his face covered with a towel and brandished a black pistol. He demanded money and took an undetermined amount of cash.

The robbery victim later identified Ware in a photo lineup, and a search of Ware’s house revealed clothing identical to the suspect’s clothes in the store’s video surveillance, Bartley said.

Ware was already booked into the Ouachita Correctional Center in connection with an armed robbery that occurred at a Shell gas station near Wossman on Friday. He was charged with attempted first-degree murder, possession of a firearm by a convicted felon, armed robbery and criminal conspiracy to commit armed robbery when he was taken into custody.

Two other suspects were charged in the Friday robbery.

Ware may face still more charges as police departments in Bastrop and Crossett, Ark. investigate his involvement in other robberies.
Capt. Curtis Stephenson with the Bastrop police confirmed Ware is a person of interest in two armed robberies and a failed armed robbery that occurred last week.

On May 6, an armed robber struck the Check Into Cash payday loan center on 933 E Madison Ave., in Bastrop. On the same day, an armed robber took an undetermined amount of money from the EZ Mart convenience store on 1231 N. Washington St., Bastrop.

The day before, a gunman walked into the Shoe Show store at 2031 E. Madison Ave., Bastrop, but the store clerk left before the gunman could demand money, according to Stephenson.

He said the spate of robberies was unprecedented during his time with Bastrop police.

“We’ve never had anything like that happen here in that short a period of time,” Stephenson said.
Crossett Police Investigator Shelbi Hughes said Ware is the lead suspect in an armed robbery in the southern Arkansas town.
Hughes said an armed robber took money from the Factory Connection around 5:42 p.m. on May 7.
She said she soon expects to charge Ware with the armed robbery.
“We still have to do a few more things, but that’s where we’re headed,” Hughes said.

May 8, 2009
Three from Bastrop arrested in connection with armed robbery at Wossman Shell
By Johnny Gunter
Three Bastrop residents were arrested in connection with an armed robbery early Friday morning.

One of them is accused of attempted first-degree murder after the convenience store attendant was shot in the leg because he couldn’t open the store’s safe.

Benjamin B. Ware, 43, was booked into Ouachita Correctional Center on charges of attempted first-degree murder, possession of a firearm by a convicted felon, armed robbery and criminal conspiracy to commit armed robbery.

Two others arrested for armed robbery and criminal conspiracy are Lee A. XXXXXXX, 19, and XXXXXXX E. XXXXXXXXX, 22. No bond had been set Friday.

Police received a call at 3:45 a.m. from the Wossman Shell convenience store at 1601 U.S. 165 South and a witness provided a description of the suspects and the pickup truck they were using that had temporary tags.

Maj. Don Bartley said the vehicle was stopped on U.S. 165 North headed toward Bastrop at the Brookshire’s grocery store where the three were apprehended. “Two guns and the money were recovered and other items tying them to the robbery,” Bartley said.

Bartley said the victim was carried to St. Francis Medical Center “where he appeared to be OK.” The victim’s name was not released.

The Travesty that is Mychal Bell Friday, Dec 14 2007 

Everyone must understand,  it wasn’t Mychal’s ultimate decision to take the plea.  It was evident that Mychal was in rough waters, when he in open court asked Judge J.P. Mauffray to explain the plea (deal) to him step by step.  This was, resignation by design.

Some of those who don’t understand, I pray they are in Mychal’s shoes real soon.  Court,  when you are the target; is a living, nightmarish hell.   Ask,  Robert Bailey, Jr.’s  former attorney  Sam Thomas of Tallulah; who recently received his own conviction in Donald Washington’s Western District of Louisiana Court in Monroe, Louisiana.

And this is the insanity of the Travesty.  The final road to Mychal’s plea begins with the dismissal of Sam Thomas by Caseptla Bailey the “Jena Six Parent” of Robert Bailey, Jr.   A grouped effort of the Color of Change, Friends of Justice,  ACLU & Left Turn.Org aided & abetted in the “intrusion of  Justice”,  that we have now.   Sam Thomas had the change of venue motion on the table in the 3rd Circuit.  But, on one hot “autumn dog’s day”  an injustice rebirth,  Caseptla Bailey was taken to New Orleans to meet a high powered lawyer, who turned out to be Attorney Jim Boren; of which lawyer the Sothern Poverty Law Center  described him as an,  SPLC retained lawyer of  Baton Rouge “as a cooperating SPLC attorney to assist the defense. ”   Splc goes on to say it is “working with other advocates at the grassroots and national levels that are deeply involved in the fight  and share a commitment to racial justice.”  

A commitment to racial justice.?  How Such?news_saldana_jena_law_01_ms.jpg  The Travesty of injustice for Mychal Bell was in its infancy when Caseptla was escorted to meet Boren.  The week of November 4th, saw the plots and plans begin to play-out.  The families and there lawyers were duped, in some instances, while others were in secret collaboration with the forces (SPLC & Walters/Mauffray) of LaSalle court system to derail equal justice & maintain un-equal justice.  

The fact that Mychal took a plea deal is evident of the corrupt system that exist pervasively in Louisiana,  The poor huddled masses are browbeat & legally out maneuvered until they are so wearied, that they just give in.   This is “classic un-equal justice” in its bestest exhibition by a judicary and prosecution run amuck  in its own quest for power and avarice.   

Now comes the real test.  Will the powers that be, influence the truth of this matter.  Laws were violated by the dispensers and administrators of  criminal justice.  Judge Yeager let slide a clerk of court malfeasanace, in relations to the media litigants.  The actual filing of the Barker et al suit is suspect because of the actual & perceived dates.    Eventhough Mychal took a plea deal,  he was under duress & subtile coercion.  The outcomes were so well manaaged that the U S  Department of Justice held a  forum at 1st Baptist Church in Jena.  U S Attorney Donald Washington was in attendance.  It was December 6th 2007,  the day which would have been Mychal’s date for trial!  This Travesty is not over.  Open the Court’s Records, we pray,  so the light of Justice can shine through and through!             

In light of Jena & Beyond Saturday, Jul 7 2007 

Racism at root of segregated worship

The late Rev. Dr. Martin Luther King Jr. once said, “Eleven o’clock on Sunday morning is the most segregated hour in America.”If Dr. King were to ask today if Sunday were still segregated, our answer to that question would be yes because nothing has really changed, and Sunday morning still remains the most segregated time in America. We can work together, play together, shop together, eat together; but why can’t we worship the same God together?

The reason is racism, which is attributed to segregated Sunday and is a sin, and it is still very prevalent in the church today. Racism is a spiritual problem that has always thrived in the church for centuries, yet it is very important to remember that the founder of Christianity, Jesus Christ, never once advocated it. As a matter of fact, His summary of the Ten Commandments broke down very simply to love God with all your heart and soul and strength, and then to love your neighbor as yourself. He gave a perfect example about who is your neighbor in the parable of the Good Samaritan in St. Luke 10:30-37; Jesus showed beyond a shadow of a doubt that loving your neighbor is to transcend racial, social and status barriers. Jesus said in Matthew 7: 12, “Whatsoever you would that men should do unto you, even so do you also unto them: for this is the law and the prophets.” This rule was not given for the Jewish people alone but for all people of all races and nations. It is the perfect end toward which all the law and the teaching of the Lord are directed.

It requires that each one put himself in the place of the other. We do not want others to be prejudiced against us; we want them to understand us. Hence we are not to be prejudiced against others, but to try to understand them. No matter what position we may find ourselves, we want to be treated with consideration, fairness, kindness, love, sympathy and sometimes with compassion and mercy.

We are, therefore, to treat others in the same manner. This is a very simple principle and easy to understand. When Christians sincerely pray about this, we will see a difference.

This is where reconciliation begins in the heart of mankind and with people working together in an environment in which everyone has pledged their allegiance to Jesus Christ and allowing Him to speak to their hearts. If the church is going to provide a picture of reconciliation for the world to see, Christians of all colors have to be pro-active. It isn’t enough to walk one mile, however; it will take walking two miles to make a difference in this world of ours.

Jesus created the church out of love for us and it’s up to us to reach out with love to others. Moving forward means understanding that reconciliation stretches beyond integration or equality to a unity of spirit and purpose. Reconciliation begins with removing the “dividing wall of hostility” in one-on-one relationships.

We must be Christ-like by viewing the other person as one whom God loves dearly. The time has come for the Church (meaning us the believers) to strive to be a model of reconciliation in a world of bitterness and hatred between the different racial groups.

This world is big enough for all of us. God is big enough for all of us and God created diversity. If we can learn from nature about life, then we can learn from each other the importance of diversity. We as Christians, whether black or white, are to unite with one another, and we are to live in harmony with one another because of the fellowship we have in Christ.

The Rev. Christopher D. Handy is a pastor in Monroe.

Home-The Place we’re headed Saturday, Jul 7 2007 


Commonwealth for a Free Moral Society began in 2002 in rural east central Louisiana.  The concept is first century in its conceptual origin.  In order to continue an existing freedom from the corruption of this present world and the present world system; 

An ideal was formulated in the mind of the author.

Some Folks are tired of the shenanigans that ruling archetypes manipulate us with.  It is always about appearance and perceived notions given by those appearances.

But we say, “being aliens from the commonwealth of Israel, and strangers from the covenants of promise, and having no hope, and without God in the world.”

“Now therefore ye are no more strangers and foreigners, but fellowcitizens with the saints, and of the household of God.” 

In recent days, Spring 2008; society is concerned with a series of events that only reiterate the depravity that exists.  No one will face the facts and we find ourselves going in the same ring around the truth.  No one wants to get down to the truth.  In time we will find out the truth of our world, accept the fact of our deficiencies and come into the commonwealth.