Judge has enough of 'pig in a python' approach to St. Landry pre-trial bargaining

Methvin

Interim Judge Mildred Methvin says she’ll have nothing more to do with the St. Landry Parish DA Office’s “pig in a python” approach to pre-trial bargaining between the prosecution and the defense.
Her came last Thursday in response to a motion to dismiss five-year-old narcotics charges against an Opelousas man.
John Richard, Jr. allegedly had more than 80 pounds of marijuana in his Chevy pickup when stopped near the former Skateland on U.S. 190 outside Eunice on July 27, 2009.
In the ensuing five years, the matter did not go to trial and Richard moved last week for dismissal.
According to minutes of the Oct. 23 session, Judge Methvin, an Alexandria attorney and former federal magistrate appointed to serve out the late Judge Donald Hebert’s unexpired term, evidently had had enough of the pre-trial palavering.
“While we still have everybody here, I wanted to get something on the record. I was waiting until later in the day, but, I wanna make this clear because it’s gonna impact future proceedings, may or may not because I may be outta here in two weeks. (The race to fill the term could end with the Nov. 4 primary, or it could require a run-off in December).
“ I may be outta here January the first but it is the, and Ms. Gotreaux (an assistant DA), I’m not looking at you necessarily. I’m talking about the District Attorney’s Office.
“It’s the DA Office’s responsibility to represent the State of Louisiana and particularly the people of St. Landry Parish in connection with prosecutions.
“And I know that you and your fellow assistants are not given authority to do plea bargains. When I came on here in July, I went with the flow and I was told the DA’s office has nothing to do with plea bargains.
“But they sanction the court meeting in ex parte meetings with defense counsel to work out pleas and so. I went with the flow and I participated with that process.
“It is clear to me now that that process is broken, it doesn’t work. It’s the DA’s responsibility to exercise that discretion. We needed a full chair at the hearing and also we need all the assistant DAs to be involved in this so that there’s not this pig in a python effect where we’re have 200 or 300 people sitting in here all waiting; they can’t come up with a plea until they meet with the judge.
“It is not the judge’s responsibility to meet and decide what sentence is appropriate before, without any investigative reports, no familiarity with the witnesses, no pre-sentence report because I’m informed that the probation office doesn’t like to be asked to do that.
“So the Court is really not a representative of the people. I’m here to preside over an adversarial system. And the way the system is supposed to work is to have the District Attorney fulfill that responsibility of representing the people, and defense attorney representing the defendant.
“And the system is not working that way here, and I’m putting everybody on notice now that I am not gonna be part of that system anymore.
“If there’s gonna be plea bargains, it’s gonna with the DAs office involvement. If, cases are not gonna be pled, then they’re gonna go to trial.
“If they’re not tried within the requirements of the Speedy Trial Act, there’ll be motions filed. That’s just the way I’m gonna handle it and I know I’m a short timer; it’s not gonna have any effect whatsoever. But I’m just telling you the way I see it and what I’m gonna do for as long as I’m here.
“We’re not gonna have any more. I’m not participating in ex parte meetings with counsel anymore. If there are gonna be pleas it’s gonna be the District Attorney doing it and I understand that’s not gonna happen, but I’m putting that on the record.”
Because of the rotation system used in 27th Judicial District Court, Methvin’s division will not be back on the criminal bench until after the first of the year, when Hebert’s successor will have been elected.
Her remarks are the second time within the past few months that a judge has been critical of the St. Landry system.
Judge Marion Edwards, also an interim appointment, in late summer dismissed an old case and chastised the prosecution for delay that left him what he called no choice.
Issues arising from alleged delays in cases are the subject of back-and-forth campaigning between DA Earl Taylor and challenger Ellis Daigle as the Nov. 4 primary approaches.

Comments

The local judges have been saying this for years but no one acted on it. It has taken two outstanding Judges from out of town to come in and see for themselves what occurs on a daily basis in each division. They have nothing to gain from this... They are temporarily placed here by the Supreme Court to fill two vacant positions. If the people of this parish still doesn't believe, come sit in the audience the first two weeks of every month. You can see for yourself.

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