Mark Titus gets his day at the Fifth Circuit Court of Appeals…..

And there are two ways you can see / hear the action. The first way is to head over to the oral arguments page at the Fifth Circuit Court of Appeals website and download the audio file of yesterday’s oral arguments. The second and less time consuming way is to read the story Juliet Linderman did on this topic. It is clear the appellate panel harbored great dubiety on Titus’ appeal on the withdrawal of his guilty plea.

This topic is another good example of a news story Slabbed had a big part in telling including Mark Titus himself stopping by to tell some of his side of things before he headed off to Oakdale. It is a tragic tale indeed.

Monday Links

I was floored to the response to my vague post on DMR’s Phil Bass and I’m gratified I have so many readers here in Mississippi that took time to introduce themselves over the weekend.  Time is short for me so here are a boatload of links:

Expert: State Farm failed to follow fair claims practices for Biloxi home ~ Anita Lee

What can I say folks but ‘Gate had S.H. Anthony called back in 2011.

Jefferson Parish contracting overhaul proposals delayed for six months ~ Manuel Torres

Watching all the contortions involved with the Jefferson Parish council trying to wish this issue away is amusing.  Now supposedly it is the Black Chamber of Commerce who is worried that instituting professional procurement practices in Louisiana second largest Parish and the end of pay to play style procurement will somehow hurt them. Chris Robert’s briefcase boy Mark Spears has point on this one folks.

Biloxi’s own Russell Moore will be Southern Baptists’ voice. ~ Tammy Smith

Russell is both a Tweep and a member of the Slabbed Nation.  I could not be more delighted that a homie has done well.

Four lawyers vie to fill judicial seat at Jefferson Parish state court ~ Paul Purpura

Paul covers the 24th JDC Division D race in depth.

DHH Secretary Bruce Greenstein resigns in wake of federal investigation ~ Lauren McGaughy

Piyush’s second term is unraveling quickly it appears. Jeffrey over at Yellow Blog has been all over this story.

Mark Titus’ son asking court to allow claim on property targeted by River Birch probe ~ Manuel Torres

Hearing will be next week for Miller’s confirmation as DMR chief ~ Michael Newsom

In horsemen’s association case, the legislative auditor is the one still smiling ~ James Gill

Legion: Stop-work order planned on Bay St. Louis comfort station ~ Donna Harris

So it turns out the lease on the Legion property was not expired as previously claimed by American Legion post Commander Clayton Thompson. Something tells me the bathrooms are gonna be built lawsuit or not. And in a blast from the past for that particular intersection I conclude with the following:

Carrigee quits as DH building chief, claims ‘lies and politics running wild’ ~ Dwayne Bremer

The first substantive rumor on the crash and burn of the River Birch Investigation has arrived on the Slabb

I’m not going to repeat it but I will say it points the finger at the FBI. Meantime Manuel Torres over at NOLA has a good story on the aftermath of said crash and burn on Mark Titus, Hank Ton and Henry Mouton.

BREAKING: River Birch probe ended

River Birch probe coming to an end without more charges, sources say ~ Manuel Torres

Thanks Sal, Jan. Big D now has something for his scrapbook.

There is an unmistakable buzz in the air……

There are a few of you guys that date back with me all the way to Yahoo Finance that read this including occasional commenters Steve and Russell, who also now runs his own  blog plus many more that have been with me here on Slabbed for a bit over 3 years. Post by post and comment by comment we’ve built the very case that Jim Letten’s office did not want laid at its doorstep via relentless search for the truth. People with ties to this area have discovered us in the aftermath of the meltdown at Team Letten and are now relentlessly searching for that truth for themselves on these pages. I like that because I think we’ve laid out a compelling case on many levels and that does not count the human drama that accompanied the events, also told on these pages.  As Incroyable has noted, in respects it is better than a John Grisham novel because the community here is watching and experiencing it first hand.

As moderator I get a view of these events at a differing level.  Tom, for instance is crawling my post archives on one of the major subplots in the ongoing retaliation against those commenting on the scandal. Get with ‘Gate Tom, because he has the rest of the story and how it fits with the Mark Titus saga.  Others have a broader interest in the whole US Attorney commenting scandal such as Muspench, who left an insightful comment on Manuel Torres excellent piece yesterday on the Titus prosecution and forfeiture. Manuel lays it all out including this:

The government sees Fazzio as a key to making a case against River Birch landfill co-owners Fred Heebe and Jim Ward, who have not been charged and have denied wrongdoing.

Why is Big D so important? I know the answer but am sworn to secrecy.  I think Manuel and Krewe at NOLA know the answer and they aren’t saying either. The answer is key to understanding how the prosecution is trying to build its case against Heebe for presentation in the courtroom.

Back to Tom and commenter retaliation. I’ll lay down a time stamp and say that I know the cyber identity of the International House commenter with 99% certainty and am 90% certain I know the guy’s real name.  Same is true for NolaCat, one of the 11 names subpoenaed by DOJ OIG from the Times Picayune/NOLA Media Group. I am not saying a word because I believe both to be private citizens.

But that isn’t stopping informed readers from speculating and engaging me with that speculation.  And the communiques that I think advance the search for the truth need to be shared with everyone. I have a series coming courtesy of a reader that I’ll simply call RICO. Slabbed has high quality readers so in this post I will introduce the person, well actually I’ll introduce the life experience behind the person before I begin rolling out the material: Continue reading “There is an unmistakable buzz in the air……”

Throw me something Mister: Friday links

Bacchus rider banned after allegedly throwing jug of urine at a family on the parade route ~ Nola.com

Brother charged with murder in sister’s death ~ Christina Seube

More dead baby Dolphins in South Mississippi waters ~ Melissa Scallan

OIG Audit: Mississippi improperly diverted dollars meant to prevent alcohol-related crashes ~ Greg Gordon

River Birch prosecutors ask judge to dismiss Valerie Titus’ property claims ~ Manuel Torres

Tulane University hires former U.S. Attorney Jim Letten ~ John Pope

Senator Landrieu recommends Kenneth Polite as new chief federal prosecutor ~ Laura Maggi

Friday Jefferson Parish Omnibus: Mark Titus, Aaron Broussard and the 24th JDC

I do not have much time this morning so here is a quick rundown of three stories I followed over the past week or so:

Mark Titus’ wife claims most of the assets government plans to seize ~ Manuel Torres

Run “Mark Titus” through the search box on the right sidebar to find Slabbed’s previous coverage of USA v Titus. Manuel posted a comprehensive update to the forfeiture portion of the prosecution and Mrs Titus has changed lawyers and is fighting for her share of the property subject to Judge Lemelle’s forfeiture order. I recall getting a bat signal from Team Titus before Christmas that went something along the lines that NOLA commenter JPChirper was an idiot. I’ll continue to keep an eye on this case.

Aaron Broussard’s prosecutors dismiss his attack as ‘fishing expedition’ ~ Drew Broach

I’ve gotten some reader email on this story. It is a complicated critter as Judge Head just may hold an evidentiary hearing to DQ the local US Attorney’s office from his case due to press leaks and Sal Perricone / Jan Mann playing on the internet. I’d be dishonest if I did not say this latest turn of events has continued to fuel speculation that Slabbed will be subpoenaed by John Horn’s folks at DoJ but I have no indication such is forthcoming.  If something does happen you guys know the drill by now.

Finally Paul Purpura checked in with the social promotion revolving door that exists between the 24th JDC and the Louisiana 5th Circuit Court of Appeals. The bottom line is despite several openings on both courts there is only one opposed seat up for grabs as all the other judges get a freebie pass to their new jobs.

I am hearing word that Mark Titus’ motion to have the additional charges against him dismissed has been denied (Updated)

We await the court order or Manuel’s reporting on same, whichever comes first.  You newbies that want to know what the heck I am talking about should run “Titus” through the search box on the right.

Update:

We’re going to nickname Manuel, Johnny on the spot as he has put out two stories on this topic, the last one being a comprehensive update that is well worth the read.

Chilling Effects: “In case you were thinking of leaking to the press, think again”

In another stroke of irony, an article relating the events resulting in the dismissal of charges in the Ruehle matter was circulated by email to the attorneys in the United States Attorney’s Office on December 15, 2009, by First AUSA Mann with the notation: “In case you were thinking of leaking to the press, think again . . . A case in California was dismissed for prosecutorial misconduct after the AUSA admitted leaking among other problems.” ~ US District Court Judge Kurt Engelhardt

Well folks, being in Team Unwashed Masses has its benefits as Jan Mann and Sal Perricone evidently preferred Legitimate Media™ types for their leaking, not that there is anything wrong with that as rumors are swirling and the Wino, in a drunken stupor mentioned “the chilling effects” Kurt Engelhardt’s order is having on the discussion, even in the depths of the gutters at Lafayette Square. In fact, observing the social chatter in the local media congroovancy bears out that fact, due to the new 500 pound gorilla in the room.  Judge Engelhardt explains:

With regard to the Rule 6(e) issue presented in this matter, the Court has reviewed the Fifth Circuit’s guidance set forth in In Re Grand Jury Investigation (Lance), 610 F.2d 202 (5th Cir. 1980). In Lance, the Fifth Circuit discussed the analysis required when a district court considers an allegation of a violation of Rule 6(e) based upon news media reports. First, there must be a clear indication that the media reports disclose information about “matters occurring before the grand jury.” Secondly, the article or articles must indicate the source of the information revealed to be one of those prescribed by Rule 6(e), which prohibits disclosure by attorneys for the government. Third, the Court must assume that all statements in such news report are correct. Fourth, the Court considers the nature of the relief requested and the extent to which it interferes with the grand jury process. Fifth, the Court must weigh any evidence presented by the government to rebut the assumed truthfulness of reports which otherwise make a prima facie case of misconduct.

In this case, the Court finds that the first factor is satisfied, and the second factor has been met pursuant to Lance, which referred to the phrase “sources close to the investigation” to find an inference that the source of the information disclosed is the Justice Department, or the attorneys conducting the grand jury investigation, since they are the persons most likely to know when the presentation of evidence will be completed, and when a proposed indictment might be voted upon by the grand jurors. As to the third factor, the undersigned assumes that all statements in the news reports cited by defendants are correct. The fourth factor, which requires the Court to consider the nature of the relief requested and the extent to which it interferes with the grand jury process, is practically moot. In this case, the grand jury has completed its work and returned an indictment against these defendants (and those that entered guilty pleas to lesser charges), such that any relief granted herein would not interfere with the grand jury process at all. As to the fifth factor, the Court has not been provided with any affidavits or acceptable rebuttal evidence other than the tainted June 27, 2012 Report of Inquiry from former First AUSA Mann. The Report, however, does not contain sworn denials set forth in an affidavit, or any other testimonial refutations to contradict the prima facie case of misconduct. See Lance, 610 F.2d at 219-220.

Under these circumstances, the Court cannot rule on the defendants’ motion for new trial until the DOJ rectifies the present inadequacies. Prosecutorial misconduct in this case is a very near and present thing; however, the possibility of it ripening into grounds for relief remain somewhat distant. At this juncture, the Court is unwilling to find that Defendants have met their burden; but it is also unwilling to find that Defendants will not be able to meet that burden. In the meantime, the Court intends to follow the advice of Washington himself: “There is but one straight course, and that is to seek truth and pursue it steadily.”

And this is why I happily get all my leaks from the gutter because we’re truth seekers here at Slabbed too and if we were seeking the truth in this matter, a good way to get to the bottom of things would be to ask the media where they got their information.  Even better, if you are an inquisitive type that sports a badge…..Judge Engelhardt explains: Continue reading “Chilling Effects: “In case you were thinking of leaking to the press, think again””

Perricone disaster overnight miscellany: The heat is on

Indeed it is folks as we start with Times Picayune Editor Gordon Russell:

At this point I’d like to say it was not a very bold prediction to say the Fazzio prosecution is very much endangered by the unfolding scandal at the US Attorney’s office as the dominoes continue to fall.

Jim Letten’s last prosecutor in River Birch landfill probe should be removed, Fazzio argues ~ Manuel Torres

But there is mucho downside risk for Heebe in using the courts as a means to unmask internet commenters via SLAPP suits as there are two issues in play that I can see, though only the one that benefits Fred Heebe has become manifest to this point.  I mention this because there is no way in hell his defamation suits against Jan Mann and Sal Perricone are going back to state court and when these suits proceed he best have his lap dog Garland(fill) Robinette ready to ‘splain things. I mention this because:

Sal Perricone’s ‘online sniping’ is a matter for state court, Fred Heebe argues ~ Manuel Torres

Finally I’ll add there are two angles here that have popped up a time or two in comments at either NOLA or Slabbed, one involving whistleblower Anne Marie Vandenweghe and another involving Gidget aka the Canal Street Madam aka Jeanette Maier.  AMV gets a separate post later but Patricia left a link and comment yesterday those catching up may wish to consider:

In November 2002, government and defense lawyers met in Judge Lemelle’s chambers and squared off over the secret customer list. Defense lawyers, convinced the government was treating their female clients unfairly, threatened to go public with the men’s names. According to one of the lawyers in the judge’s chambers, the one name that kept popping up during the tense meeting was that of the son of the former head of the Louisiana Republican Party. Continue reading “Perricone disaster overnight miscellany: The heat is on”