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Closing Argument in Post-Conviction Hearing

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Closing Argument in Post-Conviction Hearing 1 The exhibits, I believe, have all been 2 admitted and received, and, urn, to the extent that, 3 ah, you know, I may not have officially ruled, they 4 are now admitted and received subject to objections 5 that were stated at the time. 6 Do you have a rebuttal case or anything you 7 wish to put on to rebut anything they've argued or 8 submitted? 9 MS. TAPLIN: 10 No, your Honor. 11 THE COURT: 12 All right. Do you want to make an argument? 13 MS. TAPLIN: 14 Sorry. One clarification. Did you just 15 submit S-14 or 16 MR. PICKETT: 17 S-14 was re-numbered. It's not the conduct 18 report. 19 MS. TAPLIN: 20 Okay. Thank you. 21 MR. PICKETT: 22 There's a new S-14, which is the FAX 23 transmittal sheet. 24 THE COURT: 25 All right. Now, do you want to make an 26 argument? 27 MS. TAPLIN: 28 Yes, your Honor. 29 THE COURT: 30 All right. 31 MS. TAPLIN: 32 In a first-degree murder case involving the 53 1 execution of a New Orleans police officer and two 2 other individuals in which a young African-American 3 man is accused possibly in a notorious case in a 4 notorious decade, this teenager was represented by 5 a lawyer who didn't even know how to pick a fair 6 and impartial jury. He admitted as much in court 7 when he allowed someone not even connected with 8 this case to take over voir dire for him. That 9 lawyer, arriving late that day, clearly did not 10 know how to voir dire a jury either. 11 The length of time that we've spent hearing 12 the testimony of three jurors on their bias or 13 presumed bias is essentially the length of time it 14 took to voir dire and select this entire jury in 15 Mr. Lacaze's capital trial. 16 Your Honor has asked us to address the issue 17 of ineffective assistance of counsel that was 18 raised on appeal, and I'd like to note here that 19 ineffective assistance of counsel in voir dire was 20 raised on appeal. Our claims of jury misconduct 21 were not, and there is a reason for that. The 22 misconduct was unknown at the time of the appeal, 23 and there was no evidence of the prejudice that 24 your Honor has seen. 25 On appeal when this claim was raised, the 26 Supreme Court stated, quote, "While Caulfield's 27 performance may have been less than stellar and the 28 speed of voir dire may give pause, on the balance 29 and particularly on this record, it cannot be 30 concluded that jurors were misinformed about any 31 single issue with respect to the guilt phase of 32 trial." The Court further said, "Even if counsel's 54 1 conduct at voir dire amounted to professional 2 dereliction, the lack of apparent prejudice dooms 3 claims of ineffectiveness." 4 The prejudice, which is what your Honor heard 5 from three individuals on Monday, is exactly what 6 the Supreme Court did not know. Mr. Caulfield and 7 Mr. Turk ended up with a jury that included a 8 member of the Louisiana State Police with a 20-year 9 history in law enforcement. Mr. Settle was asked 10 during voir dire about his connections to law 11 enforcement, and he failed to reveal anything about 12 his work history. Mr. Settle got up on the 13 stand -- 14 THE COURT: 15 Clarify for me with respect to Settle. 16 MS. TAPLIN: 17 Yes. 18 THE COURT: 19 I understood he was a driver's license officer 20 or something of that nature. 21 MS. TAPLIN: 22 No, your Honor. Mr. Settle got up on the 23 stand and claimed to have never worked for the 24 State police, yet records presented to this Court 25 make very clear that at the time of Mr. Lacaze's 26 trial, he did work for the State police. And there 27 is a reason why business records are hearsay 28 exception because the records regularly maintained 29 for business and employment don't lie. Mr. Settle 30 did admit on the stand that he was a former police 31 officer, that he had a history as being a police 32 officer on the railroad, and Mr. Settle was clearly 55 1 asked during the voir dire about his ties to law 2 enforcement, and he remained completely silent 3 despite the fact that other members of this panel 4 volunteered their connections to law enforcement. 5 THE COURT: 6 What did he do for the State police? 7 MS. TAPLIN: 8 I believe he was a motor vehicles officer for 9 the State police. He was a field officer according 10 to his employment records. 11 THE COURT: 12 What does that mean? 13 MS. TAPLIN: 14 My understanding. of being a field officer is 15 that you are a police officer who is in the field, 16 urn, assessing tickets, essentially. I believe, urn, 17 vehicle violations, those sorts of things. 18 THE COURT: 19 You're suggesting that he was a -- what -- if 20 he were a deputy sheriff, you would say road 21 deputy? 22 MS. TAPLIN: 23 Essentially. 24 THE COURT: 25 You're saying he's a street trooper? 26 MS. TAPLIN: 27 No, your Honor. I'm not quite clear if it 28 would go that far to say street trooper. I would- 29 point out though that when we were able to obtain 30 the jury list that was not provided, we believe, to 31 Mr. Turk, Mr. Settle was listed as law enforcement. 32 Ah, Mr. Settle has also testified that he was a 56 1 police officer for 20 years, which clearly suggests 2 a connection to law enforcement r and yet he said 3 nothing. 4 THE COURT: 5 Now r at this point -- it's out of my head. If 6 it comes to mer then I'll interrupt you again. 7 MS. TAPLIN: 8 Okay. Mr. Settle's failure to be forthright 9 with this Court on Monday is really only additional 10 evidence pointing to his -misconduct. 11 And Mr. Caulfield and Mr. Turk ended up with a 12 jury that included a woman whose brother was 13 murdered only a few years before. This again is 14 prejudice that was completely unknown to the 15 Louisiana Supreme Court. Ms. Garrett was asked 16 during voir dire if her family or friends had ever 17 been the victims of crime. She said nothing, 18 despite the fact that again other members of the 19 panel had volunteered information. Ms. Garrett 20 never revealed that her brother had been murdered 21 only a few years before. 22 But I think the most shocking example to 23 everyone in the court was that of Ms. Mushatt. 24 Mr. Caulfield and Mr. Turk ended up with a jury 25 that included a NOPD dispatcher who remained 26 unchallenged. This r again r was not known to the 27 Louisiana Supreme Court at the time of Mr. Lacaze's 28 direct appeal. Louisiana Supreme Court 29 specifically said that there were only hints that 30 act- -- in the record before them that active duty 31 officers or their spouses may have served r and that 32 does not provide a basis for reversal. 57 1 But Ms. Mushatt was not simply a member of the 2 New Orleans Police Department. Ms. Mushatt was a 3 dispatcher who was in the room when the 9-1-1 call 4 came in relating to this homicide. Ms. Mushatt 5 specifically testified about the call that came in. 6 She specifically testified about how she and other 7 dispatchers were searching to try to find out 8 who Antoinette was, when the calls came in. 9 Ms. Mushatt testified that her husband was a 10 veteran police officer with the New Orleans Police 11 Department; Ms. Mushatt testified that she 12 attended Ronald Williams· funeral. And I just want 13 to pause there so that we can all think about how 14 much it affected this entire case to have someone 15 who attended the victim's funeral sit in judgment 16 against Mr. Lacaze and determine if he was guilty 17 of first-degree murder and if they should sentence 18 him to life or to death. This was completely 19 unknown to trial counsel, and this was unknown to 20 the Loui~iana Supreme Court on appeal. 21 The combination of Ms. Mushatt, of 22 David Settle, and Ms. Garrett on this jury is what 23 affected this case from the very start. The State 24 does not contest, or has not contested, any of the 25 facts that we've presented about these jurors· 26 backgrounds. They couldn't -- certainly could not 27 contest any of the facts about Ms. Mushatt, as it 28 comes out of her very mouth, and we've also 29 provided you with her employment records. 30 The State on cross-examine simply asked these 31 jurors or individuals if it would have affected 32 their jury service. When asked by the State if 58 1 being a police officer affected you as a juror, 2 Ms. Mushatt answered, "I don't think so." Even if 3 Ms. Mushatt had wholeheartedly endorsed her 4 impartiality, the case law makes abundantly clear 5 that a jurors' assurance that they are up to the 6 task is absolutely irrelevant to this Court's 7 inquiry.
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