The gist: An organizer of the effort to recall City Marshal Brian Pope has settled the federal lawsuit he filed against Pope late last year for retaliating against him just hours after the recall effort failed.
Brian Pope, the first-term Lafayette city marshal who was suspended from office in October after being convicted by a Lafayette Parish jury on four felonies, was sentenced Wednesday to three years in the parish jail for each of three malfeasance convictions with all but one year suspended. It’s unclear whether Pope will serve that one year in Sheriff Mark Garber’s jail or under home confinement.
The gist: Lafayette City Marshal Mike Hill has winnowed down the number of his office’s reserve deputies — which had swelled to about 60 under his predecessor — to but a handful. Hill has called in the commissions of nearly 50 reserves who appear to have been deputized for no other reason than political patronage.
The gist: District Judge David Smith granted suspended City Marshal Brian Pope’s request for a delay in his sentencing until a full transcript of the marshal’s 2018 trial can be obtained. The embattled marshal returns to court Thursday to face 17 more felony charges.
City-Parish Councilman Bruce Conque says the appointment of former federal Magistrate C. Michael Hill as interim city marshal is a temporary replacement pending final action by the Lafayette City-Parish Council.
The characters in the trial are a reminder of just how zany the Pope saga has been over the past three years. Here’s a refresher on some of the role players.
▸ The gist: In other words, Lafayette City Marshal Brian Pope is not going back to jail — not yet anyway. And he gets two more years to serve a 2-year-old community service order.
▸ Here’s what happened: District Judge Jules Edwards apologized to Pope in court Wednesday morning. The judge explained that he had mistakenly continued to treat the case — which started out in 2015 as a civil public records lawsuit filed against Pope by The Independent (RIP) — as a civil matter rather than the criminal one it became after Pope defied the judge’s order to turn the records over to the paper. At that time, Edwards held the marshal in criminal contempt of court, an unprecedented finding in a public records case that included more than $100,000 in attorneys fees, court costs and penalties, 30 days in jail (with all but seven suspended) and 173 hours of community service (one for every day Pope withheld the records).
▸ When Pope failed to perform the community service (after repeated second chances), Edwards sent him to jail in February, where he served seven days before appealing the sentence. Earlier this month, the Third Circuit Court of Appeal remanded the case to Edwards to correct the mistake, noting community service can’t be a penalty for criminal contempt of court. So Edwards simply reimposed the original 30-day sentence and suspended it, giving Pope credit for time served. Community service is now a condition of his unsupervised probation — he has to teach 173 hours of public records courses or pick up trash for that many hours — and Pope has another two years to complete it. If he doesn’t, it’s back to the slammer.
▸ Pope’s legal woes are far from over, although he can breathe a sigh of relief for a short spell. The city marshal’s criminal trial on charges of malfeasance in office and perjury, a total of seven counts stemming from the public records dispute, begins Sept. 24.