BREAKING: Judge Patrick McCabe issues a court order for Sissy Roberts barring Tim Baudier from mailing more fliers on Robert’s place in the Jefferson Parish organized crime family.

Of course we’re media here at Slabbed so with due respect Judge Patrick McCabe can kiss my ass as this is news so we’ll be covering this subject in depth. Our readers can make up their own minds on the veracity of Robert’s defamation claim against Tim Baudier. Hat Tip Paul Rioux. As always Slabebd reports, you decide. ~ sop

43 thoughts on “BREAKING: Judge Patrick McCabe issues a court order for Sissy Roberts barring Tim Baudier from mailing more fliers on Robert’s place in the Jefferson Parish organized crime family.”

  1. I imagine Mr Baudier would find no shortage of lawyers willing to help him with discovery in this lawsuit. McCabe’s ruling is a trampling of free speech and it is my hope writs are immediately filed to the 5th circuit by Team Baudier.

    sop

  2. Shocker.

    Really.

    I don’t blame him for not showing up; McCabe would have done this anyway, a la LaDart.

    The accusation: “distributing fliers linking Roberts to an ‘organized crime’ family headed by former Parish President Aaron Broussard. … the fliers falsely imply he is ‘involved in the mafia or mob’ and is a target of the federal investigation that brought down the Broussard administration.” Yeah, how could he.

    Baudier is proving to be a genius at free advertising.

  3. McCabe, Porteous, Marcotte, Machine, and Repeat:

    “As Thomas Porteous, the impeached federal judge from Metairie, prepares his defense before the U.S. Senate, he is alleging that 10 other judges received money from the bail bonds company at the center of the expansive federal investigation into corruption at the Jefferson Parish Courthouse.

    In a “proposed stipulation of facts,” Porteous’ attorneys allege that these judges received money from Louis and Lori Marcotte, siblings who pleaded guilty in 2006 in a racketeering and mail fraud conspiracy connected to their business, Bail Bonds Unlimited. His attorneys don’t describe the intent of the payments nor do they mention Porteous ever receiving money from the Marcottes. But by suggesting that other judges were more susceptible than Porteous to the wiles of the Marcottes, the defense hopes to keep Porteous on the bench of the U.S. District Court in New Orleans. … Of the 10 judges who reportedly received money from the Marcottes, Porteous’ defense names only four: Patrick McCabe and Stephen Windhorst of the 24th Judicial District Court in Gretna, George Giacobbe of Jefferson’s 1st Parish Court in Metairie and Roy Cascio of the 2nd Parish Court in Gretna. This is the first time these specific accusations, attributed to the Marcottes’ depositions, have surfaced publicly in the aftermath of the Wrinkled Robe investigation.” – 8.26.10 TP.

    “But former Parish President Aaron Broussard raked in tens of thousands of dollars annually to his private law firm from legal appointments made by Jefferson Parish judges with political connections to him.

    That raises questions as to whether Mr. Broussard was more concerned with serving his constituents or himself — and about the influence of politics in the curatorship appointments in Jefferson. Mr. Broussard resigned his office last month amid an unrelated scandal involving conflicts of interest and apparent insider deals that prompted a federal investigation. But even days before his resignation he was still being named as curator to represent absent defendants in civil cases. Records show Mr. Broussard received more than 500 curatorships over the past decade, which includes all of his tenure as parish president. He received more appointments than any other lawyer listed for curatorships in the parish court. Last year, most of Mr. Broussard’s appointments came from 24th Judicial District Judges Robert Murphy, Glenn Ansardi and Patrick McCabe, all of whom have political connections to Mr. Broussard.” – 2.23.10 TP

    “Despite holding what purports to be a full-time government post, Broussard in 2009 received at least 68 appointments from 24th Judicial District Judges Robert Murphy, Patrick McCabe and Glenn Ansardi, potentially netting him more than $32,000 during his final year as parish president, records show. Last year, Broussard was paid $124,100 as parish president.” – 2.14.10 TP

    McCabe was the judge who supported the Kenner Civil Service rulings in favor of Louie Congemi and McCabe is the judge who famously threw out an election challenge in Grand Isle.

    *************************************

    And then there is this:

    “Outside the Westwego Civic Auditorium in April, Michael O’Brien was shaking hands with the steady stream of patrons who had just satisfied their appetites on a healthy helping of wild deer and politics. One man pulled his friend over to the tall, burly O’Brien, dressed all in black, and introduced them. “So you’re Mike O’Brien,” the friend said, his eyes widening as he pumped O’Brien’s hand. “That’s all I’ve been hearing all night: Mike O’Brien this and Mike O’Brien that. I’ve been wondering who in the world this Mike O’Brien was.” So have a lot of people. …

    Financial success in the trucking and container business and his fancy for helping candidates have made O’Brien well known in Jefferson political circles as an insider with a big checkbook. His collection of influential associates includes area judges, district attorneys and sheriffs.

    He has participated in a real estate deal with Jefferson District Attorney John Mamoulides, managed the successful judgeship campaign of his former lawyer, Calvin Hotard, and become one of the staunchest, most-trusted political backers of Jefferson Sheriff Harry Lee.

    Indeed, Michael O’Brien has emerged as a man everybody wants to know.

    Still, the man some longtime friends call “Mad Dog” remains an enigma, preferring to keep behind the scenes his intense efforts to influence local political races.

    In fact, O’Brien filed a $50 million lawsuit against The Times-Picayune and asked a judge to stop the newspaper from asking questions about him. In the suit, O’Brien contends that the newspaper conducted interviews “designed to embarrass, defame, slander and demean” him, but didn’t give any specifics. Before stepping aside from the case because he had been interviewed for this article, state Judge Joseph Grefer denied the request to stop the questions.

    On May 31, Judge Walter Kollin, to whom the case was reassigned, gave O’Brien 15 days to provide details of his complaint or have it dismissed. Kollin also postponed a deposition O’Brien scheduled to question a reporter before publication.

    In any case, there is no doubt that in the past decade the once obscure O’Brien has moved steadily – and with the tenacity of his two pet tigers, Cocaine and Sheeba – toward the center of power and politics in Jefferson Parish. …

    … *** Real estate deals ***

    Whatever O’Brien’s reasons for getting involved in politics, at least one major Jefferson political personality has figured into O’Brien’s pursuit of fortune – ***********John Mamoulides.

    Beginning in mid-1990, Mamoulides entered into a real estate venture with O’Brien to borrow money and buy property in St. Tammany’s Lake Ramsey subdivision.

    Mamoulides’ company, *******Lake Lots Inc., bought property in the subdivision in 1988 for $3 million. In May 1990, O’Brien’s name appears in real estate records as president of Lake Lots.

    On May 18, 1990, Lake Lots, with O’Brien signing as president, borrowed $820,000 from Midwest Life Insurance and loaned Mamoulides the same sum.

    *** Supports other candidates ***

    Lee may be O’Brien’s first love in politics, but O’Brien does not exclude others.

    Supporters of political candidates often take out ads or appear on television to tout their favorites. The measure of O’Brien’s approval seems to be whether he will paint a candidate ‘s name on one of his hundreds of truck-sized cargo containers and station it prominently in the parish.

    He has posted the mobile billboards for ***********Judge Patrick McCabe, Judge Jo Ellen Grant, Hotard and unsuccessful judge candidate Joseph Tosh. …”

    {Note: Former Judge Hotard was/is apparently related to current JP CAO Christopher Cox, either as uncle or great-uncle}

    {Illustration:

    Michael O’Brien

    Shipyard laborer to political insider

    Some say he helped save Sheriff Lee’s political life in 1987

    An eighth-grade dropout with a Rolls, a Mercedes, and two tigers named Cocaine and Sheeba

    Sheriffs, politicians, district attorneys attend his Tuesday lunches

    PHOTO

    Michael O’Brien, left, stands with his daughters, Michelle and Tammy Dee, and Sheriff Harry Lee in April at the Cotillion at the Pavilion in Lafreniere Park.

    Michael O’Brien’s company, Avondale Container Yard Storage and Repair Inc., contributed $40,000 to Harry Lee’s 1987 campaign, helping salvage Lee’s career.}

    According to one luncher, who didn’t want to be identified, the “why” question came up at the container yard one afternoon. O’Brien was asked why he didn’t run for sheriff himself.

    O’Brien replied, the man recalled several months later, by touting his access to the sheriff. He said, ” ‘Why should I run for sheriff when I can just pick up the phone and get him?’ ”

    The things one finds…. that’s a helluva article. I may repost the whole thing in Open Thread if that’s ok.

  4. Let me say this. It’s very rare that I disagree with Sop, but I don’t think Judge McCabe is in the can, nor do I think he made a bad ruling, even though I don’t know the particulars. McCabe is a straight-shooter despite some of the people from his past (Broussard, Porteous, etc.).

    I love the Baudier mail-out, but I thought is might have exposed him on 2 levels. First, it’s not time just yet to use the term “organized crime” relative to Sissy. He has not been accused, indicted, targeted, or convicted of anything . . . YET. Second, I thought the use of the DOJ logo was pretty stupid. I’m surprised the DOJ has not ordered Baudier to cease.

    Other than that, it’s a brilliant move (as Telemachus opined on another thread) because it calls attention to the underlying facts.

    1. Given recent history over at the 24th JDC my own attitude is to look for the conflicts of interest first and then examine the ruling on its merits second.

      I’ve seen far worse ads in Louisiana political races. Bottom line is I’m not big on any judge that tramples free speech rights and I think that is exactly what Judge McCabe did today injecting himself into a partisan political race.

      The mookie stink of Broussard curatorships that attaches to McCabe certainly colors my thoughts here.

      sop

  5. Ok, let me step away from McCabe’s connections.

    Just for a second:

    Is the Michael O’Brien mentioned in the above, which I also just posted in entirety in the Open Thread, THIS MICHAEL O’BRIEN?

    http://www.jpclerkofcourt.us/24thJDC/Judges.asp

    Michael O’Brien who was (is?) in business with John Mamoulides???

    The O’Brien in the article “Deadbeat D.A” from 5/12/96?

    http://slabbed.wordpress.com/2011/03/16/the-slab-nation-literally-stretches-from-coast-to-coast/

    Actually, maybe I am talking about McCabe, because if THIS guy O’Brien *is* JUDICIAL ADMINISTRATOR at 24th is anyone taking on the system REALLY supposed to get any justice in that crooked roundhouse????

  6. I don’t think it’s the same Mike O’Brien.

    Sop, we agree fundamentally, but like I said, I think lifting the DOJ logo was unwise. Also, I think the point could have been made without coming out and calling Fat Boy a criminal. Otherwise, I agree with what you said. Higher burden on defamation cases for public officials.

  7. If anyone doubts that Jefferson council crime is not ” organized” including dishonorable Judge McCabe, who took money from the Marcotte’s ” family” bondsman scandal as per testimony of Porteous, please comment here immediately as to exactly when was the last time the Jefferson Council didn’t vote 7-0 on any issue before them. Even in the third world republic of New Orleans there are constant surprise issue discussions and disagreements among the councilmen resulting in 4-3, 5-2 votes, etc..

    Everything voted on by this Jefferson Council has been “organized” and discussed behind closed doors just like the mafia “families” do and everything worked out prior to the televised council meeting. Prime example is the council’s unified selection of interim president Theriot over a weekend.

    The parish contracts and other goodies are discussed behind closed doors and decisions made with or without opposition just like the mafia does as to territories and drug dealers do the hoods.Just like every mafia member understood what he was and was not entitled to these council whores understand that they can only survive standing together in an “organized” manner without external arguments and opposing votes at the official council meetings.

    McCabe please give us written reasons why the words “organized” and “family”
    do not characterize this current Jefferson Council. But first you hypocritical political slut tell us about your relationship with another federally proven “organized crime family “, the Marcotte family of felons.

    Tim get your butt to Federal Court and defend your right to free speech and keep this issue before the media and public as long as possible because your allegations are the TRUTH. If you could only obtain the video of the Jefferson Council meeting on a 25 YEAR RIVER BIRCH CONTRACT where no questions, discussions , arguments occurred nor experts appeared before all the council whores voted as an “organized family” 7-0.

    And McCabe you go sit on your terlit tomorrow morning at 5 and have a good chat with your suck buddy and maybe he’ll give your crony ass some brown written reasons for your terlit paper to wipe your hypocritical face with.

    Any of the Council sluts have any questions for me ? ” Hearing none so ORDERED on March 24, 2011 in the freedom forum of the Slabbed Nation.

  8. Sock, you must be right, must not be the same guy but JP has a lot of similar names bounce around and so many times the Magic-8 balls turns up it’s the same dude….

    Back to the point:

    I actually i agree with the DOJ logo item but…. I wonder if McCabe even mentioned that.

    Then I thought, well what else to expect when one party does not show, this is inevitable.

    But then I notiecd this comment in the TP story: “The court records show that Baudier was never served about the hearing, so how could he possibly know to show up? …”

    Was Baudier not served? If that’s TRUE, then Baudier did the right thing while McCabe has a major problem on his hands.

    1. I think we need the case docs in order to more fully flesh out these issues. I saw that same comment on NOLA but have not not verified its authenticity.

      sop

  9. Service? We don’t need no stinking service.

    Patrick McCabe a straight-shooter. OMG you can hear the guffaws through the closed windows of the Government Building in Gretna.

    Sock you really are a dear but sometimes I gotta wonda…

    From one who teethed on the bar at the same time as Patrick let me assure you even he might bridle at being called a straight-shooter…hopefully he has had an epiphany but from the sounds of the Porteous papers and the Marcotte depositions that leopard has not changed his spots from years gone by.

    But I respect your right to free speech, the use of your government’s logo ( my belief that every US Citizen paid , some more dearly than others , for that DOJ logo ergo we the people own it and everything that goes with it) , and a level playing field.

    Wish even half of those things meant anything to Patrick McCabe.

  10. Freakin Roberts you did the wrong thing man this time by denying your focker river birch family. the public will get a good close up of you at your best on all the news channels. the east bank is going to hand you a big losing margin of votes for you to make up with your favorite grand isle perverts. better call out cry baby Broussard if he’s not indicted by then.

  11. Too late, the bell has been rung.

    Mr Roberts, as C B Forgotston says, “If things are so tough, JUST QUIT. People will be standing in line to replace you.”

    And that person right now is Tim Baudier.

  12. Oh and a couple of other things:

    1. Is Judge Patrick McCabe related to the New Orleans Policeman named McCabe who was recently involved/indicted/I forget what exactly?

    2. This ‘battle’ strikes me as the classic David ( Baudier) versus Goliath ( Roberts) except that I see it more as David ( Baudier) versus PeeWee Herman ( Roberts).

    3. Note from Judge Patrick McCabe to Sissyfras Roberts: Thanks A_ _ hole for dragging me into your f_ _ _ _ _ _ _ mess. Now MY name is out there again , dredging up all the old s_ _ _! Tell your handlers thanks too. And ps: I don’t think it is working to distract people from the Capella / Leone race…and it certainly didn’t distract your opponent Tim Baudier since he didn’t show up and is probably out knocking doors and getting votes. Not to mention even more press coverage…

  13. McCabe is not a personal friend of mine, but I respect the guy. I can’t think of a ruling he’s made that he did not think was the right ruling. He quit drinking after he took the bench and supposedly has not had a drink in @ 25 years. I don’t think there is a single judge in the 24th JDC who does not have some questionable connections; even Henry Sullivan. Unslabbed, you have admitted to certain missteps in your past. I’ve seen no proof that McCabe has done anything illegal or unethical. If I am not mistaken, this is his last term. So, what would he have to gain by cheating for Sissy?

    I’m not saying it was the right or wrong ruling, but I am familiar with all of the judges in that courthouse and McCabe is among the best and fairest.

  14. McCabe is a GretnaMentality whore from the old Gauthier, Murphy and Broussard days on Florida Ave in Kenner, just like Robert Burns.

    He was a constant companion of Porteous as they drank their way through Whiteside

  15. When I first started posting on this site, I made mention about O’brien’s A-1 storage on Avondale Garden Rd. I know he gave Harry Lee the land in front of the storage facility to build a truck stop with 50 video poker machines. Guess who is part owner now? Yep, Cynthia.

    In return, every seized movable in Jefferson (mostly repo cars and traffic stop cars) are stored in a fenced in lot there. They accrue about $12/day storage fees. There is usually at least 100 there at all times. The individual or the bank holding the note must pay to get the car out, or it is sold at sherriff sale to satisfy the fees. Thats $1200/day 24/7/365. Over $400K per year for as long as I can remember. Nice work if you can get it.

    O’brien’s quote about running for sherriff reminds me of the old saying you can have money or power but not both. The wise man said I’ll take money b/c money can always rent power.

    Also,it has also been a long standing rumor that A-1 was used as a distibution pt. for his tiger’s namesake.

  16. I just wonder if Baudier ever was served with written Notice of the hearing (for a Temporary Restraining Order?) before Judge McCabe (an “insider” who has sucked on the “teat” of Jefferson Parish politics for YEARS) ruled that Baudier’s flyer should be “pulled”. Maybe this was all done on a “summary” basis, because “the fix was in” as soon as Sissy filed his pleadings. Ashton O’Dwyer.

  17. Pat mccabe got his start working for wendell gauthier. I believe pat and Pete breslin started together working for wendell.

    I’m sure randy RAM blow will exorciate me, but I like pat mcabe as a judge and I definitely like Pete breslin as a lawyer and person.

  18. After seeing communications between Nowdy and a source close to the Baudier campaign I now think Judge McCabe had no choice but to issue this ruling as Baudier was indeed served and did not show, leaving McCabe little choice but to issue the injunction. This bears out what Sock and NRB are saying about McCabe being a straight shooter in the courtroom. I’ll add that someone from what I’ll term the insurance defense bar mentioned to me yesterday evening that Judge McCabe’s courtroom was one of 3 in the 24th JDC where he felt like the playing field was even.

    sop

  19. Have the feds “formally” stated that it was River Birch who allegedly bribed Mouton? If not, can we expect River Birch to be all over this flier as well (for the comment below the Mouton image)?

  20. The flyer dropped. By Roberts filing suit, he just gave a ton of free publicity to Baudier. Nobody knew who Baudier was before. Many more do now. A huge mistake by Roberts.

  21. Conpound the Roberts gift by taking an appeal on thei service of proces issue. More free press! Baudier could win and rub it in Roberts face again. Next stupid thing Roberts will do is sew Baudier. Discovery will follow. Another huge gift to Baudier.

  22. SOP, Moved, just a follow up thought.

    Sock’s points are good ones.

    I think the question here is whether it is [ever] appropriate to compare government officials to the mafia or the mob. The flier does not allege they ARE in “the mob.” I think this is indeed an extremely undemocratic ruling considering this is what it really means, a citizen CANNOT say this, period, in the Parish of Jefferson.

    And is it wrong to literally connect Mouton, Heebe, Broussard, Wilkinson and Whitmer to Roberts? Let me ask, if not in a campaign just when exactly and by whom should such an argument be made? Solely by Richard Rainey after an indictment? This is exactly the reason freedom of speech exists, to produce argument and eventually elicit facts about their government, and to let the people decide.

    Otherwise where is there truly a false statement? The DOJ seal is a problem but the DOJ has standing to raise that, not Roberts, and sure enough it was the DOJ that subpoenaed Roberts, that is quite accurate.

    Finally, I will point out that there have been other rulings like this in 24th JDC. McCabe himself stopped a campaign flier by Villio against Steib: “Judge Patrick McCabe of the 24th Judicial District ruled in favor of Steib only on the allegation that the state Supreme Court is investigating Steib, because that court does not investigate. …McCabe issued a temporary restraining order on the Supreme Court claim. The Supreme Court claim apparently stems from a complaint that Metairie lawyer Don Klotz said he filed against Steib last month with the court’s Judiciary Commission. Klotz, who placed third in last month’s judicial primary, announced Thursday he is endorsing Villio.”

    That’s enough for McCabe. McCabe may be a straight enough shooter but when it comes to this issue I think his vision is crooked. If he is not truly biased towards Roberts – and that may be – his mentality reflects that of other JP politicos.

    I will say that failing to show makes a huge difference in every situation (90% chance of losing off the bat), but even so the issue could be dealt with straight up without opposition present, a judge does not *have to rule in default, and I am not in fact sure that Baudier would have had a chance of winning. Based on the Steib/Villio ruling I would have bet not. And McCabe *does* know the players on that flier, especially Broussard, that’s his milieu, internally I would not be surprised if he was either offended or offended for them.

  23. SOP, are you sure about the service?

    Rioux has it as: “Baudier, who did not attend a court hearing on the matter Thursday morning, had not been served with the petition, according to court records.”

    If that were true that seems like a pretty wild ruling to me.

    1. My opinion on the ruling turns on the issue of service. Someone could be blowing smoke up our rear ends on the service issue for certain. We’ll all find out soon enough.

      Agree the case facts strongly favor Baudier and free speech.

      sop

  24. O.K. Just as I suspected. Paul Rioux has an article in this morning’s Times Picayune (Metro Section, page 3) which says that Baudier was NOT served. But it gets “better”. Sissy’s suit was filed on Wednesday (that’s day before yesterday) and McCabe hel the “hearing” (with Baudier in abstensia) on Thursday (yesterday). And Sissy’s lawyer was: WILEY BEEVERS. So, what must have happened (I don’t have a transcript) is that Sissy petitioned for a “Temporary Restraining Order”, the standard for the granting of which is the usually (unless “the fix is in”) IRREPARABLE HARM. But this time McCabe bought it. I wonder how many times since he’s been on the Bench that he’s bought that argument in less than 24 hours and with the party opponent ABSENT, because he wasn’t served? Ashton O’Dwyer.

  25. I saw the story, but I’m asking if anyone confirmed that there was no service. I find it impossible to believe that McCabe, or any other judge, would rule on a matter in which a party had not been served. I understand that there appeared to be an argument that Baudier was ducking service, but unless there is some special election-oriented or TRO rule of which I’m unaware, the ruling is a nullity if Baudier was not served.

  26. Freakin Roberts gave an interview to Fox tv today in which he all but kicked the focker river birch family out of his bed. Baudier ‘s flyer plus 2 subpoenas got Sissy singing a different tune like, ‘…I believe you’re going to see the parish president along with the council taking steps to cancel the contract ‘. too little too late Sissy you flushed your terlit too many times in the face of taxpayers. Now your terlit is backing up on you and all your toys. freakin trade your big balloon in on a john plunger and get to work like common folk do everyday.

  27. I just watched the “early” 10:00 P.M. News on WWL-TV, Channel 54 Cox Orleans, and “punditto” reported what Sissy said 100% accurately. It was REALLY disgusting. Ashton O’Dwyer.

  28. Was it a TRO that was issued? Is there going to be a hearing on an injunction within the next 10 days?

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