Slabbed updates Louisiana v Gates as the day of reckoning draws near

Anyone that has kept up with the saga of vexatious litigant Shane Gates and his crusade against the St Tammany Parish legal system to avoid standing trial for his DWI arrest understand the multitude of lawsuits Gates has filed against the Judges in St Tammany Parish as well as the Sheriff, DA and State Attorney General represent abuses of process that will end badly for both the boy and his Daddy/Lawyer Daniel “Danny” Abel. The latest twist occurred last August when Gates and Abel sued St Tammany Parish Judge Richard Swartz to conflict him out of the Gates criminal case and derail the scheduled prosecution. With every judge in the 22nd JDC conflicted out due to civil lawsuits filed by Gates against them, Ad Hoc Judge Walter Rothschild was brought in to hear the case. The Advocate covered the series of hearings held last November and in a story published on November 16, 2013 well conveyed the jackassery:

Three times this week defense attorney Danny Abel tried to get St. Tammany Parish District Attorney Walter Reed recused from cases Abel is defending, and three times Ad Hoc Judge Walter Rothschild denied the motions.

Abel – who has filed a long and eye-popping list of legal claims alleging shenanigans in the St. Tammany justice system – was in court for hearings on two misdemeanor cases and one felony trial he is defending. In each case, Abel has alleged that Reed’s office is pursuing the prosecution either out of racism or despite conflicts of interest.

Rothschild wasn’t buying any of Abel’s claims, however, repeatedly telling the pugnacious lawyer that nothing he presented backed up his claims. At one point, Rothschild admonished Abel for repeatedly accusing the District Attorney’s Office of fraud, saying that making the allegation in the absence of any evidence was irresponsible.

Rothschild – who was hearing the various matters because all of the judges in the 22nd Judicial District have recused themselves – also refused to compel Reed to testify in response to subpoenas issued by Abel. He told Abel that he couldn’t subpoena Reed until he had given Reed a hearing to fight the subpoena’s issuance.

“You can’t put the cart before the horse.” the increasingly exasperated Rothschild said. He also denied a motion to change the venue of one of the misdemeanor trials, which will be tried without a jury. “I am trying this case; it doesn’t matter where I am trying it. Your client will get a fair trial,” Rothschild said.

In August, a federal judge ordered Abel to pay the legal expenses for St. Tammany Parish Sheriff Jack Strain, whom Abel had sued on behalf of a woman who claimed the Sheriff’s Office had kept religious items it seized from her home in a 2008 raid. The suit was very similar to a second one, and U.S. District Judge Sarah Vance ruled that the woman’s lawyers “unreasonably and vexatiously multiplied the proceedings.”

My review of the docket in Gates last suit filed against St Tammany Parish Judge Richard Swartz revealed that Team Gates belatedly began serving process in the suit, filed in the Middle District of Louisiana, in late November just days before the 120 deadline for serving process expired and that a return was never filed for Judge Swartz, who had previously moved to dismiss the case due to a failure of Abel to serve process and/or to have it consolidated with the lawsuits filed by Gates in the Louisiana Eastern District against Sheriff Strain and St Tammany Parish officialdom. Continue reading “Slabbed updates Louisiana v Gates as the day of reckoning draws near”

Slabbed Investigates: Continued bad times at the Legal Department at the Super 8 Motel on Clearview

Vaughn Perret, Daniel G. “Danny” Abel and Charles Leary posing for the business media in Nova Scotia at Trout Point Lodge

Are we noticing a trend with the Legal Department at the Super 8 Motel on Clearview Parkway and the media yet folks? It is all here on these pages:

The last bullet point brings me back to 2010 and a family on the Northshore that found themselves in a legal pickle involving the ownership of the lot upon which their house sat as Channel 4’s Dennis Woltering explains:

Butch and Nicole Martin say their home here in Abita Springs is in many ways everything they have always wanted.

“The house is beautiful,” Butch Martin said. “We absolutely love it.”

Trouble is, when they had some financial troubles and were forced to try to sell it, they discovered they probably don’t own the lot where the house sits.

“We own the house, but not the yard,” Nicole Martin said.

A buyer was ready to purchase their home more than a year ago, but then two days before closing the buyer’s title, the insurance company notified the Martins that the sale could not go through.

“We got a phone call to notify us that we had a bad title, and we actually didn’t even own the property,” Butch Martin said.

The Martins say they now believe that the property under their house was taken from the heirs of the original landowner, William Nill.

“The property was basically stolen,” Butch Martin said.

But this short snippet from Woltering’s story does not do the story justice so I feel compelled to embed the link to Woltering’s report on the fleecing of the Martins and their title insurance carrier Fidelity National because the Martin’s were hosed as it is clear Northshore lawyer Bill Magee engaged in specious land transactions around a decade ago. Continue reading “Slabbed Investigates: Continued bad times at the Legal Department at the Super 8 Motel on Clearview”

In this episode of Magnum J.D.: Honest journalism or a friends and family promotion program at WWL TeeVee? (Part 3)

My last post on this topic of the recent WWL TeeVee profile of Shane Gates spurred a reader to do a bit of docket diving on PACER on the civil case Gates v Strain and what we found raises even more questions about Mike Perlstein’s 2 part made for TeeVee News special report on the arrest of Shane Gates in November 2006 and injuries he sustained in the incident.  You see folks, part of what made Part 2 of Perlstein’s report ring so hollow was that all the legal experts Perlstein quotes, including WWL’s own in house expert Chick Foret, presented a version of the related civil case that did not compare with the court record itself.  No court document illustrates the disconnect better than Gates v Strain document #196, order and opinion by Judge Stanwood Duval.  Before I quote from that document, let’s visit with Part 2 of Mike Perlstein’s report on the arrest of Goatherder Shane Gates titled Attorney says justice intentionally stalled in deputy beating case:

Gates’ lawyers got a speedy acquittal by presenting a very different picture. An expert witness said the chase actually lasted for only six-tenths of a mile and 80 seconds. The DWI allegations were contradicted by the fact that Gates was pulled over just minutes after leaving a car dealership finance office after buying a new Pontiac.

“The jury in St. Tammany Parish did not buy the DA’s theory of his case when it was tried,” Williams said. “They came back in almost record time as to a not guilty verdict.”

Did you get the message folks? You know, the one where Gates was acquitted on his felony DWI charge? Not so fast as it turns out the only Felony charge Gates faced was Unlawful flight but let’s circle that for now as we continue:

“The district attorney should not be prosecuting the victim,” Williams said. “The district attorney should be prosecuting the perpetrators.”

Williams is representing Gates in a civil rights lawsuit in federal court. That lawsuit was filed in October 2007, 11 months after the fateful traffic stop. But that suit has been put on hold because the St. Tammany District Attorney’s Office continues to prosecute Gates.

Gates’ attorneys believe St. Tammany authorities are intentionally stalling justice. One of those attorneys is the retired chief justice of the Louisiana Supreme Court, Pascal Calogero.

In the immortal words of AMV politely telling TheRiot to go to hell.

You’re entitled to your opinion but not your facts. Continue reading “In this episode of Magnum J.D.: Honest journalism or a friends and family promotion program at WWL TeeVee? (Part 3)”

About all this brouhaha surrounding Jerl Kershenstine’s arrest warrant: They call me quashed

Folks do you get the feeling the Aaron Broussard cronies at Coastal Shoring are feeling a bit paranoid these days? Before we get to the latest jackassery from Danny Abel let’s review:

Did I say there was a warrant issued for Jerl Kershenstine’s arrest? Actually I did and it is true as it is alleged Kershenstine’s company, Coastal Shoring, helped itself to money that it was not entitled from a grant recipient. Now we’ve covered Coastal Shoring some here on Slabbed and it was in fact this post which contained a good bit on Coastal Shoring that finally pushed the Goatherders to SLAPP sue me in Nova Scotia. And that doesn’t count Lockem’s guest post on the topic.

As the above links indicate, Coastal Shoring has a few management problems to go along with the psychological ones and those would certainly Continue reading “About all this brouhaha surrounding Jerl Kershenstine’s arrest warrant: They call me quashed”

The problem with the media coverage of Tourism Libelists Charles Leary and Vaughn Perret in Canada is it is built upon a foundation of straw.

Folks I warned Toronto Star reporter Richard J. Brennan this story was far more complicated and nuanced than he was lead to believe and I encouraged him to contact media outlets and the local authorities before wielding the hatchet to us.  Unfortunately he had his mind made up when he called me how he was going to frame his story and my mind is open to the possibility he stepped out big for suggesting I was a homophobe.  Hopefully they have proof to back that claim up.  After all, they now have readers agitating for my arrest and extradition to Canada because I dared to assert my free speech rights as an American Citizen and that comment passed through their moderation que.. Of course any action I take will be here in the US where the Star could enjoy the same legal rights as their brother journalists do here at Slabbed.

With that said I welcome intelligent discourse on this topic from both sides of the border that considers all the blogging we’ve done.  Our readers may remember Leary asserted to the Times Picayune certain things about his, Perret’s and Trout Point Lodge’s association with Aaron Broussard, the guy who helped peddle minority ownership of the Lodge to certain connected area residents. Let’s start there:

Broussard, “does not and has never had any ownership or management involvement with Trout Point Lodge, Limited.” The message went on to say Broussard owns a “vacation home on the same road.”

Now we all understand that all the T-P’s reporting on Trout Point has been retracted and they repeated Leary’s meme in their retraction. Of course when the backtracking at the Times Picayune began we discovered that on a website controlled by the girls, Broussard’s name popped up along side Charles Leary’s as board members of the Billy’s Hill Trail Society. Just as quickly as I posted the link the girls took the web page down though it remains online at Archive.org to this day.  Now why is this important?  Actually it was a question that Richard Brennan asked me yesterday in a different way when said something along the lines of so what if they (the girls) handled  Broussard’s rentals. There is nothing wrong in them conducting business correct?  My answer was if  it were arms length absolutely nothing is wrong.  The better question is why did Leary insist that Broussard was completely unconnected to the Lodge, especially when it was not true.  After all the Mille Ball piece from 2001 featured the Aaron Broussard connection and clearly the girls were heavily involved with Ball in developing it. Funny how they had no objection to Broussard’s name being mentioned in connection with a travel piece on the Lodge back in 2001. Continue reading “The problem with the media coverage of Tourism Libelists Charles Leary and Vaughn Perret in Canada is it is built upon a foundation of straw.”

Poor Roy D’Aquila got butterflies on his tummy tum tum when he saw Val Bracy’s reports on the Trout Point Development

Roy D’Aquila

And I verily bet poor ol’ Roy crapped his pants when he saw the other media reports on the Broussard curatorships considering he was telling Charlie and Vaughn, on Broussard’s behalf, to put Riverbend on the Lodge’s main insurance policy. Of course you say that and they will sue.

And this fixation they have with Anne Marie Vandenweghe is unhealthy IMHO.  In fact it appears to be the same fixation TheRiot had for AMV considering the Fox 8 case has really been all about trying to get information on blog commenters, whether with the T-P or Slabbed.  In the case of Fox 8 the girls goatherders wanted a log of every IP address that visited the story and video on Broussard. I’ll be rolling that out in due course. Click the pic to get the 4 page pdf of Charles Leary being Charles Leary. If you want to see the exhibits, where the best dirt is I need your help.~ sop

Update: In light of the newest revelations about Nova Scotia Enterprises being a conduit to pay bribes to Aaron Broussard, the affidavit posted late last January is well worth the read. ~ sop 9/13/12

Danny Abel, Shane Gates aka Shane D’Antoni, Charles Leary & Vaughn Perret Come on Down!

Feeling blue that Aaron Broussard shook you down for money to build vacation hotels and lodges overseas?

Well folks all you gotta do is make one call thats all.

I mention this because of an excellent column written last week by the T-P’s Stephanie Grace about all the Parish venders/contractors whose names have popped up in the ongoing federal investigation into Aaron Broussard’s shithouse business dealings. Slabbed of course has been on the cutting edge mentioning names such as Ralph Fontcuberta Jr. that are connected to Broussard’s land and business dealings at the Trout Point Development near East Kempt Nova Scotia. Grace made some very insightful points including this one:

Among the facts that the document claims “the Government would have proven” beyond a reasonable doubt, are these: That throughout his nearly two terms as parish president, Broussard pocketed hundreds of thousands of dollars from contractors and vendors, under the guise of “retainers,” “consulting fees” or “finder’s fees.” And that Broussard was majority owner in a holding company that owned income-generating property in Canada, which was partially funded by people who did business with the parish.

So what does Broussard’s appetite for other people’s money have to do with Parker’s confession?

Not a lot, in a legal sense, anyway. Parker admitted only to knowing about the felony in which she’s the central figure, not any alleged misdeeds that stem from a much broader and deeper pattern of corruption on her then-husband’s watch. You could argue that the additional allegations don’t belong in this document at all, since Broussard has not been formally accused, let alone convicted, of the other offenses.

Yet U.S. Attorney Jim Letten and his prosecutors included it for a reason. More likely, many reasons.

The passage serves as a warning to Broussard and Wilkinson on two fronts: They now know that Parker, who has agreed to cooperate in exchange for a vastly reduced charge that shortens her potential prison time from nearly 600 years to three, is telling the feds everything she knows about Broussard’s relationships with all those parish businesspeople. And Broussard in particular knows that he’s got to worry about a lot more than the payroll fraud charges if he doesn’t cut his own deal. Continue reading “Feeling blue that Aaron Broussard shook you down for money to build vacation hotels and lodges overseas?”

Its the Slabbed question of the day……????

Why would Shane D’Antoni aka Shane Gates drive crawfish all the way from Louisiana to Nova Scotia on occasion?  I have a friend in DC (Louisiana expat) that works a very large non-profit crawfish boil every year up there.  They fly their fresh Louisiana crawfish to DC. Yeah air freight sucks but they get them fast, fresh and alive, which is very important as every crawfish enthusiast knows.

I am certain Car 54 is chasing every lead they get that way as Stephanie Grace intimates in her column today on the topic of Aaron Broussard, Nova Scotia and the Trout Point Development.

sop

The SouthCoast Today picks up more coverage of the unfolding Money Laundering Scandal involving the Trout Point development.

Two Nova Scotia firms are being named in news stories about the new fraud allegations which surfaced Tuesday regarding former Jefferson Parish (Louisiana) president Aaron Broussard’s growing problems with investigations and indictments for his actions while in office.

The allegation that parish contractors were paying Broussard retainers, consulting fees or finder’s fees is the first direct public mention of such conduct in the multifaceted, multi-year federal investigation of Jefferson’s government under Broussard’s tenure. Head Assistant U.S. Attorney Brian Klebba told reporters that it was a “distinct possibility” that there could be additional defendants in the case and that a decision could be made as soon as mid-February.

Continue Reading at the SouthCoast Today.