The gist: Embattled City Marshal Brian Pope argued that emails which led to his indictment on seven felony charges were not public record and should not be admitted as evidence in his trial for those crimes. The district court denied Pope’s motion to suppress the emails. They will be used in his trial.
Some background: The emails in question were obtained by defunct news outlet The Independent in a public records dispute that arose during the 2015 sheriff’s election. That year, Pope staged an official marshal’s press conference to attack Mark Garber, then a candidate for Lafayette Parish sheriff. The email records later proved the press conference was scripted by Joe Castille, a shadowy political consultant who ran the campaign of Garber’s opponent, Chad Leger.
Pope himself did not give up all the emails requested. The Independent made parallel requests to the marshal’s office and to Lafayette Consolidated Government, which maintains the marshal’s email server. LCG’s cache of emails included records of Castille’s involvement in the press conference, indicating that Pope had illegally deleted or omitted the emails in his own production of records.
Pope’s attorneys argued that LCG unlawfully seized the records.
District Judge Jules Edwards III, who presided over the civil dispute between The Independent and Pope, held Pope in contempt for failing to turn over the records, ruling that the emails were indeed public record. Edwards later threw Pope in jail for violating his probation.
"They’re public records because Judge Edwards says they are," responded prosecutor Alan Haney. “You can’t suppress a public record. He wants you to use the law to hide what he was doing.” Clearly, District Judge David Smith agreed with him.
The trial will likely take place in Lafayette Parish. At least that’s the early indication. Pope’s attorneys sought to move the trial out of the area on the grounds that Pope couldn’t get a fair trial in light of “mountainous” negative press.
Again, ADA Haney: "If they can try [serial killer] Derrick Todd Lee in East Baton Rouge Parish, they can try Brian Pope in Lafayette Parish.”
Haney argued Pope brought the press on himself by virtue of his own misbehavior. Most stories in the mountain of clippings, he said, were factual.