It took days to seat a jury in the Broussard Katrina pump flood case…..

Shazam! Team Nagin managed to do the same task in a higher profile case in a day and then off we zoom to opening arguments. Here is the takeaway the lawyers are talking about from NOLA.com’s live coverage:

3:27 p.m.: Jenkins’ presentation is scattershot. It doesn’t even sound like he made an outline. Prosecuors on the other hand laid everything out in a highly detailed and organized presentation, illustrated with PowerPoint slides.

3:35 p.m.: Jenkins just wrapped up. He free-styled the entire thing. Didn’t even have notes. Coman, meanwhile, had his prewritten, it seems.

The entire Team Nagin extravaganza took 12 minutes. My mind is open to the possibility Ray Ray gets over 20.

18 thoughts on “It took days to seat a jury in the Broussard Katrina pump flood case…..”

  1. If the reporting of the content of opening statements and the testimony of the first witness, Mr. Williams, is correct, then Jenkins is incompetent and totally out of his element OR “The fix is in”. Opening statements are supposed to give each side the opportunity to establish “credibility” with the jurors, and to tell them precisely what the evidence is going to prove. Coman sees to have “delivered” with his first witness. Although, technically, Jenkins didn’t have to tell jurors that he’d “prove” anything, since the prosecution bears the burden of proof in a criminal trial, throwing out accusations like “misleading” and “credibility” just doesn’t “do” it, in my opinion, although the fact that NaGOON seems to have reported all of his illicit income on his Federal Income Tax Returns is commendable. The “worse” thing I have read about “Day-1” is the CORRUPTION of NaGOON’s sons, who appear to have been willing participants in their Father’s felonious activities. I am looking forward to hearing PRECISELY what went on aboard the Yacht on Lake Pontchatrain, crewed by “exotic dancers”. Hope springs eternal. Ashton O’Dwyer.

  2. The offered plea deal must have been bad and it seems like legal suicide is about to occur.

    With one black juror the other 15 white jurors must really be showing some outstanding favorable background to the defense team. Or done maybe dat one black juror be the Anointed One to deliver Ray Ray from 10-20 in his predestined Razor-wire City.

    With a twelve minute opening statement Team Nagin doesn’t seem to want to bore the jury right out da’ box and I suspect they have an Ace up the sleeve they are going to play down the road – the black juror or a surprise witness to deflate the reputation of the prosecution Team.

  3. And we don’t know if the Negro is an “alternate” or a “real” juror. Ditto for the “GOOKS”, who on balance shouldn’t sympathize with a crooked Negro (unless they married one). AROD.

  4. Sending this Friday music out to Ray and his crew.

    Pearl Jam – Even Flow

    Home Solutions of America, Inc. Announces Forbearance Agreement With Lenders That Will Retire Bank Debt Entity Controlled by Company’s Chairman to Provide New Equity

    June 10, 2008 08:10 | Source: Home Solutions of America, Inc.

    DALLAS, June 10, 2008 (PRIME NEWSWIRE) — Home Solutions of America, Inc. (Pink Sheets:HSOA), a provider of restoration, construction and interior services to commercial and residential customers, announced today that it has entered into a forbearance agreement with its lenders that will enable the company to retire, through a series of payments, all of its current bank debt with Texas Capital Bank and its syndicate members by August 1, 2008.

    Frank Fradella?

    The forbearance agreement calls for a series of payments cumulatively totaling $10.5 million — of which $1.729 million has already been paid. In addition, the company will issue to the lenders 700,000 warrants with an exercise price of $1.00, 700,000 warrants with an exercise price of $1.50 and 700,000 warrants with an exercise price of $2.25.

    Mr. McGrath, who recently acquired a 5.7% ownership position in HSOA, became Chairman of the Board in March. Mr. McGrath, who is also founder, Chairman and CEO of U.S. Mortgage Corporation, said he sees a significant potential market for HSOA’s services and is committed to creating a culture of transparency in the company’s operations and finances, along with rebuilding shareholder confidence. He also noted that the company is working on bringing up to date its 10Q and 10K filings and expects to have them completed and filed in the near future.

    The company also recently announced that its management team, led by President and CEO Frank J. Fradella, had been joined by James M. Grady, a Senior Director with Alvarez & Marsal (A&M), who is serving as Interim Chief Financial Officer.

    1. Don’t bother to click through to hsoacorp.com for the financials, they are hard to understand.

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      1. Two links on Frank Fradella’s previous rodeos. Lie down with dogs…

        https://www.sec.gov/litigation/litreleases/2009/lr21314.htm

        “U.S. SECURITIES AND EXCHANGE COMMISSION
        Litigation Release No. 21314 / November 30, 2009
        Accounting and Auditing Enforcement Release No. 3071 / November 30, 2009
        SEC v. Home Solutions of America, Inc., Frank J. Fradella, Brian M. Marshall, Jeffrey M. Mattich, Rick J. O’Brien, Stephen C. Gingrich, Thomas L. Davis and Jeffrey T. Craft, Civil Action No. 3:09-cv-02269 (DCG) (N.D. Tx. Nov. 30, 2009)
        SEC Charges Hurricane Restoration Company and Executives In Post-Katrina Accounting Fraud; Four Individuals Settle

        On November 30, 2009, the Securities and Exchange Commission filed a civil injunctive action in the U.S. District Court for the Northern District of Texas charging a Dallas and New Orleans-based hurricane restoration company and several executives for lying about non-existent business deals in the wake of Hurricane Katrina, and fraudulently inflating the company’s stock price before the company’s CEO sold millions of dollars in company shares.

        The SEC alleges that Home Solutions of America, Inc. recorded millions of dollars in bogus revenue and issued a series of materially false press releases boasting robust financial results following Katrina and other weather-related disasters, thus inflating the company’s stock price. The stock price later plummeted after large insider stock sales, the filing of private securities lawsuits alleging fraud, and the company’s public announcement that it would restate its financial statements. Home Solutions then-CEO Frank Fradella, who is among seven individuals charged by the SEC in the scheme, dumped approximately $6.8 million worth of stock into the inflated market.

        According to the SEC’s complaint, several different illicit maneuvers were used by Home Solutions at various times between 2004 to 2007 at the direction of Fradella and other executives in order to mislead the public about the company’s true financial condition. The SEC alleges that Fradella initiated an expense-deferral scheme to inflate earnings by expensing year-end bonuses when paid rather than when earned. Fradella, Home Solutions CFO Jeff Mattich, and Brian Marshall (who became a Home Solutions director and president of its largest subsidiary, Fireline Restoration Inc., after its acquisition by Home Solutions) together engaged in a series of revenue-inflation schemes, booking millions of dollars of bogus revenue by invoicing and recording receivables on work that never occurred. They also improperly caused millions of dollars of revenue from another public company to be booked as Home Solutions revenue.

        <a href="http://seekingalpha.com/article/60510-is-this-the-end-of-the-road-for-home-solutions-of-americaseekingalpha.com/article/60510-is-this-the-end-of-the-road-for-home-solutions-of-america


        Is This the End of the Road for Home Solutions of America?
        Jan. 17, 2008 6:17 AM ET | About: HSOA

        With apologies to Charles Trenet, Home Solutions of America (HSOA) just went

  5. Meanwhile, in the Jefferson Flooding case:

    astute members of the Slabbed Nation will find the jury charges rather puzzling and so worded as to invite jury confusion and appellate review, beyond the appeals which will ensue.

    No statement whatsoever to the jury that the jury was to conclude gross negligence if found that Jefferson Parish Government was required by law and contract to comply with federal regulations, and failed to do so, rather significant given reckless disregard/indifference/conduct is equivalent to disregarding controlling law.

  6. Earlier, I “stuck my neck out” and predicted that the CORRUPT Peytavin was going to direct a verdict for “GOVERNMENT”. He didn’t, so I have to eat crow. But the Jury Charge and the Jury Interrogatories were so inartfully drafted that they, in effect, resulted in directed verdict for “GOVERNMENT, which won’t have to pay one sou to the 40,000 people or so whose lives “GOVERNMENT” ruined. Such a result benefits the “main client” of the Judge’s son and his law partners, namely Jefferson Parish, a political subdivision of the State of Louisiana. THIS ENTIRE LITIGATION WAS CROOKED FROM THE “GET-GO”. And the Plaintiffs’ Liason Committee was INCOMPETENT. Not only was 33 C.F.R. Section 208.10 kept “hidden” from the jury, but the requirement of “check valves”, back-flow valves” and “cut-off valves” was kept hidden as well. The jury apparently BOUGHT “hook, line and sinker” the DISHONEST argument by a Parish Official (JUST WHERE THE FUCK WAS HIS “EXPERT” REPORT? WHY DIDN’T THE PLC OBJECT TO HIS TESTIMONY?) that the Parish would have flooded ANYWAY, even if the pumps had been working. THIS IS A LIE! Sign me: “SICK TO MY STOMACH”. Ashton O’Dwyer.

  7. I think the Judge charged the jury wrongly and erred when he failed to apply applicable Parish and federal laws. Such errors whether intentional or ignorance forces appeal questions resulting in more jefferson Parish money spent needlessly in appeal work and more money in the defense counsels’ pockets (one employee of such defense corporations has been rumored to be related to the Judge as reported here on Slabbed). If all this is true, it fits like a glove and makes sense.

    What doesn’t make sense is the plaintiffs’ attorneys throwing more good money and further legal work after a judgment in further appeals, them not calling for the Judge’s recusal due to appearance of impropriety and further pursuing appeals when the handwriting ” CAN’T WIN” has been written on the unethical judicial mirror.

    The only possible explanations I have would be are the plaintiffs’ attorneys hoping for an out of court settlement in lieu of pushing further appeals which would produce peanuts for the 40,000 claimants but pay them for their futile case legal work? Are they doing all these appeals as a colleague favor to produce a bigger, automatic legal payday for defense counsels and if so, will they expect similar favors in return from said defense counsels in the future? Are they just legally stubborn or lastly, are they doing all this as a PR ploy to shed good civic light on their legal practices before the Jefferson Parish public ?

    1. Darlene Jacobs only works for one person Lockie, Darlene Jacobs. She a mean streak and may be indulging it. There is much analysis that goes into going for recusal. I’d not second guess for its own sake.

      The worst part is the Parish’s defense worked for Aaron Broussard but not the Parish.

  8. Doug: “… the Parish’s defense worked for Aaron Broussard but not the Parish” is pure SOPHISTRY. Neither Broussard nor the Parish will pay one red cent, to anyone, under this verdict. And THINK ABOUT IT: The Parish IS the State of Louisiana. Does the State have enough money to make everyone who suffered loss whole? ANSWER: “NO WAY, JOSE!” Which leads me to the NEXT question: If the Parish had “lost”, who would have paid the Judgment? ANSWER: “Uncle Sugar”, which is why the people LOST, just as they have LOST EVERYTHING ELSE since 8/29/05. I wouldn’t be at all surprised if “UNCLE” didn’t have a “mole” on the TOTALLY INCOMPETENT Plaintiffs’ Liason Committee, in addition to “owning” the CORRUPT Judge Peytavin. Ashton O’Dwyer.

    1. Dwyer, you do recall Article 12, Section 10 C of the Louisiana Constitution. And given there is no federal issue involved on which a plaintiff can sue, there was never federal jurisdiction. You also have the fact that the violations of federal law are subject to challenge only by an agent of the federal government, no “private attorney” suits to enforce law except when Congress enacts law, given federal jurisdiction is limited to that which is authorized by constitution or statute.
      The Slabbed Nation ought to realize by now that state kleptocrats whine about damage awards, lying through their teeth knowing full well that under Article 12, Section 10 C a government entity cannot be compelled to pay, you can’t engage in seizure of assets, you have to wait on the good graces of the local government to appropriate funds. Good luck with that.

  9. Maybe the jury just disliked the plaintiff lawyers so much that they found a way to find fault, but not award damages; not the first time this has been done to plaintiffs in JP by a jury. And did anyone notice the article yesterday about Delesdenier getting into another screaming match at a school board meeting? Was this coincidence? Also, as a JP school board member, doesn’t he get a salary from the Parish? He must have had a written conflict waiver to be able to sue his employer in the flood trial.

  10. To EMPIRE: I don’t have the time right now to “educate” you. Let’s just say that the two of us “agree to disagree” about this one. And as for executing a Judgment, at least there was a “chance” that a Federal court Judgment could be enforced, especially in a case in which there was an “overriding Federal interest” , ie. State Sponsors following Federal law, namely 33 C.F.R. Section 208.10 and Corps of Engineers’ Engineering Regulations, which the Local Sponsors AGREED to follow in consideration for receiving Federal money. But in State Court, particularly with this CROOKED and CONFLICTED Judge, whose son and his law partners have collected MILLIONS from Jefferson Parish, the plaintiffs didn’t have a chance. Ashton O’Dwyer.

    1. Glad you don’t have time, because I don’t have time to waste, either, Dwyer. Going up the hill to federal court on dubious jurisdictional grounds and getting tossed out, as you recall, will not prevent running of prescription on a state court claim, and given a malpractice E&O is claims-made, you are liable to face one whopping malpractice exposure w/o wherewithal – and man, I don’t intend cutting grass for someone else the rest of my life.

  11. AROD and EMPIRE: Do I remember correctly that the original Katrina case against Jefferson Parish and Broussard was filed in U.S. District Court first and was kicked back into state court? If so, there would be reasons for judgment to analyze and debate.

    If the plaintiffs’ attorneys didn’t first file in U.S. District Court it seems to me they missed a chance of receiving a collectable judgment as AROD opines.

    Finally, do either of you have a theory as to why the plaintiffs’ attorneys have spent their good money and legal time filing an ” iffy” case in an attempt to secure a judgment which ultimately couldn’t be executed upon. Smart attorneys don’t spent THEIR money and time without a good chance of return.Could they have picked up some pathogenic brain eating Giardia while flushing their legal sinuses with a Netty pot? Could there be some conspiracy/scam between the plaintiffs’ and defense attorneys? This question begs for an answer.

  12. LOCK: Ashton O’Dwyer filed FIRST against Broussard and the Parish in Federal Court. While I was fighting disbarment issues, and DISMISSALS against all claims I filed against the State (the Parish of Jefferson IS “the State”), my “Broussard Flood” case was “hijacked by Darleen Jacobs, et al, and with a little “help” from The “DisHomnorable” Duval-Daley-Fayard, and legal malpractice by Ms. Jacobs, et al, the case was “sent” to State Court and its inevitable result. I recently commented on SLABBED that I firmly believe that one or more “MOLES” inhabited the Broussard Flood case Plaintiffs’ Liason Committee. So many lawyers could NOT BE THAT INCOMPETENT, collectively. As to why they elected to throw their money down a “rathole”, ask THEM. Maybe they’re smart enough to give you a correct answer. Ashton O’Dwyer.

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