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DECONSTRUCTING CONNICK V. THOMPSON in November 2011

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DECONSTRUCTING CONNICK V. THOMPSON in November 2011 TRANSCRIPT-THOMPSON.FORMATTED (DO NOT DELETE) 5/16/2012 1:37 PM PRESENTATION BY JOHN THOMPSON1 – PROSECUTORIAL IMMUNITY: DECONSTRUCTING CONNICK V. THOMPSON In November 2011, the Journal hosted a symposium on Prosecutorial Immunity at Loyola University New Orleans College of Law. The symposium included an in depth analysis of Connick v. Thompson. The following transcript consists of John Thompson’s presentation. The Journal has attempted to preserve the character and substance of the discussion. While this is not a traditional Article, the Journal felt that it would be fitting to include it in its Spring volume. JOHN THOMPSON: Thank you, I wish I could say that I deserve that. Thank you for coming out tonight and hearing my side of the story. Everybody wants to know my side. I had a different seat in this whole ordeal. I had a unique seat, and I heard so many different things just from the few hours I’ve been here. I could imagine what [. .] they were saying from their perspective. I feel like I’m sharing this because this is not John Thompson, it seems like it’s John Thompson right now, because this is my case, but it’s a lot of John Thompsons out there and I believe that’s what gets lost in this whole ordeal. How many more innocent men are in prison? I believe we never think about that. We never think about death row. They tried to kill me, you know. It’s not any malfeasance or nothing, it’s attempted murder, if you look at what the definition of murder is it is premeditated too, because they had a choice. Once they had a conviction, it became a choice to decide whether to go for the death penalty or not. So 1. John Thompson was convicted of armed robbery and murder and sentenced to death by a Louisiana court. His convictions were subsequently overturned after the discovery of exculpatory evidence that the District Attorney’s Office knowingly withheld. After his release from prision, John Thompson sued the Orleans Parish District Attorney’s Office. Although he won at the district and appellate court levels, the Supreme Court reversed the award of $14 million. See Connick v. Thompson, 131 S. Ct. 1350 (2011). John Thompson founded and currently serves as director of Resurrection After Exoneration. See RESURRECTION AFTER EXONERATION, http://www.r-a-e.org/home (last visitied May 15, 2012). 401 TRANSCRIPT-THOMPSON.FORMATTED (DO NOT DELETE) 5/16/2012 1:37 PM 402 Loyola Journal of Public Interest Law [Vol. 13 let’s break this down and let’s start breaking this down right, because I don’t know if I’m the only one who see things this way. You know, I dropped out of high school and I went to death row for crimes I didn’t do; or put in the system, and for whatever reason, look like I am the only one who could see something that you know, we crying about a system that is broke; but we know what is wrong with it. So how can something be broke if we know what’s wrong with it? I get confused at some of the things I hear and especially from our leaders; the people that we trust, judges, prosecutors. We got to realize that what we put in their hands, our life and liberty, something that we claim [to] cherish, but yet you just stand by and allow behavior such as this to go, and say well this is an X problem or this is that problem, no, this is our problem and we got to learn how to address our problems. I’m going to show you what happened to me from my perspective. They got their stories, but to be honest with you, I believe all of them were involved. If you ask me, I think it was a conspiracy. I don’t think it was just the prosecutors. I believe everybody was involved, the judge and all, the way this turned out to me. So, let me just go through this lecture quickly. I do have a serious issue with why we are accepting this type of behavior from these people. Certain judges, I go back there and watch them in district court; the lawyers scared to death to open their mouths, because those judges sitting up there are playing God. How could you represent anyone, if that’s how you feel? If you’re going into a courtroom already defeated because you are afraid of what these judges are going to say or do, that’s ridiculous to me. Yet, we call ourselves professionals, so I’m not going to go there with y’all right now. Let’s try to go through this system. In 1984, the World’s Fair2 was here, you could imagine what all was going on here in the city; it was crazy at that time. We had the World’s Fair, and the Mardi Gras, [all occurring at the same time]. What they didn’t pay attention to was [how] high crime was this time in the city; crime went crazy.3 We had to call 2. Officially known as the Louisiana World Exhibition, the 1984 World’s Fair was hosted by New Orleans to celebrate the 100th Anniversary of the 1884 New Orleans Cotton Exposition. Sadly, the 1984 event is best known as the only World’s Fair ever forced into bankruptcy during its operating season. It was the last World’s Fair held to date in the United States. Nonetheless, New Orleans was left with a new convention center, and many fairgoers remember the event with fondness. Bill Cotter, The 1984 World’s Fair: Louisiana World Exhibition (Mar. 14, 2011), http://www.worldsfairphotos.com/neworleans84/index.htm. 3. During 1984, major offenses reported to the police increased by 6.4 percent TRANSCRIPT-THOMPSON.FORMATTED (DO NOT DELETE) 5/16/2012 1:37 PM 2012] Thompson Transcript 403 on the National Guard during this time to try to slow down crime, because crime was so bad here. And just so happens that Mr. Liuzza was getting out his car and was gunned down five times while he was leaving his car.4 This made Crimestoppers5 go crazy; they started doing things that we never seen before; started putting posters up in the neighborhoods and grocery stores looking for anyone and everyone who had anything to do with this; I’m not saying that Crimestoppers never existed before; I’m just saying how far they went for this particular murder; this particular crime, because the family had money;6 they decided to go this route. There were combinations of things that were transpiring. Now you have a family that has money, forcing the police to do their job, telling them they [were] not doing it fast enough. The murder happened on Dec. 6th,7 and Jan. 17th they still had not made an arrest on the crime, so they raised the money.8 When they raised the money, they got a suspect; a suspect that they were looking for all the while. They were looking [for] one person: six-feet tall, medium built, and a bald head.9 They were looking for that individual and people started and arrests increased by 5.1 percent. In approximately 91 percent of the 6,200 cases accepted for prosecution, the defendant either pled guilty or was found guilty by a judge or jury. New crime prevention programs were created including 41 new neighborhood watch programs. S.P. Caroll & L. Marye, New Orleans Criminal Justice System, 1984, NEW ORLEANS OFFICE OF CRIMINAL JUSTICE COORDINATION UNITED STATES, https://www.ncjrs.gov/App/Publications/abstract.aspx?ID=107657 (last visited Mar. 30, 2012). 4. Mr. Raymond Liuzza Jr. was murdered during an armed robbery on December 6, 1984. Mr. Liuzza was the son of a prominent New Orleans business executive. Nina Totenberg, Man Wrongly Convicted: Are Prosecutors Liable? (Apr. 2, 2011), http://m.npr.org/news/front/135053529. 5. Crimestoppers is a non-profit, citizen-run organization that offers rewards and promises of anonymity to any person providing information regarding local murders. All fifty of the United States and nearly twenty-five countries throughout the world have a Crimestoppers organization. The New Orleans chapter was formed in 1981 and has helped solve more than 12,000 felony crimes with individual rewards exceeding $1,750,000. CRIMESTOPPERS GREATER NEW ORLEANS, http://www.crime stoppersgno.org/about.php (last visited Mar. 30, 2012). 6. “Because Liuzza was the son of a prominent executive, the murder received a lot of attention in the community.” Thompson v. Connick, 07–30443 (La. App. 5 Cir. 53 12/19/08); 578 F.3d 836, rev’d, 131 S. Ct. 1350 (2011). 7. Transcript of Record at 24, Thompson v. Connick, 07–30443 (La. App. 5 Cir. 53 12/19/08); 578 F.3d 836, rev’d, 131 S. Ct. 1350 (2011). 8. A public announcement was made that a reward of $15,000 would be paid for information leading to the arrest and conviction of the murderer of Mr. Liuzza. Joint Appendix at 12B, Connick v. Thompson, 131 S.Ct. 1350 (2011). 9. An eyewitness described the perpetrator to police as 6 feet tall with close-cut hair, a description that was included in police reports. Id. at 12D. TRANSCRIPT-THOMPSON.FORMATTED (DO NOT DELETE) 5/16/2012 1:37 PM 404 Loyola Journal of Public Interest Law [Vol. 13 going to Crimestoppers. There were about sixty-six calls [that] went in to Crimestoppers.
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