Court of Appeal of Louisiana, Fourth Circuit. Connick, District Attorney, Donna R. Some counts were severed. Defendant was tried and acquitted on one count of extortion, and a mistrial was declared as to one count of sexual battery and two counts of kidnapping, after the jury was unable to reach verdicts on those counts.
Trial was reset and, on February 24, , the State nolle prosequied the charges. On the same date, February 24, , in case , the State reinstituted the remaining charges and added more, charging defendant with six counts of forcible rape and four counts of second degree kidnapping. The court severed some of the counts. On April 3, , at the start of trial, the trial court denied another motion to sever filed by defendant. On April 5, , the trial court declared a mistrial, finding that the State had concealed Brady material.
The State applied for supervisory review. On May 18, , the State nolle prosequied the charges in case On the same date, May 18, , in case , the instant case, the State charged defendant with seven counts of forcible rape, violations of La. Defendant pleaded not guilty at his May 19, arraignment. The trial court denied defendant's motion to suppress the identification on May 25, The State applied to this court for supervisory review.
On November 30, , the State filed a motion to invoke the firearm sentencing provision. At that time the trial court also granted defendant's motion to suppress the napkins and, on its own motion, found Assistant District Attorney Lionel "Lon" Burns in contempt. The State sought supervisory review of the contempt matter. This court denied the State's writ application as to the suppression of the napkins in State v.
Burns' writ application as to the trial court's denial of his motion to recuse. On January 9, , the trial court denied defendant's motion to quash based on double jeopardy due to ADA Lon Burns' misconduct. The trial court also denied defendant's motion for a stay order. This court denied defendant's subsequent application for supervisory writs as to the denial of his motion for stay in State v.
On January 25, , the trial court conducted a lunacy hearing, finding defendant competent to proceed. On Tuesday, March 13, , the trial court denied defendant's motion for new trial and sentenced him to thirty years on count five; ten years on count six; thirty years on count seven; ten years on count eight; thirty years on count nine; ten years on count ten; twenty-five years on count eleven; and five years on count twelve, all sentences at hard labor and without benefit of probation, parole or suspension of sentence.
In addition, the trial court sentenced defendant to two years at hard labor, without benefit of probation, parole or suspension of sentence, under La. All sentences were to run concurrently. The detective took T. Marvin Pepp was with T. Crime lab personnel collected some napkins at the scene of the crime.
Ronald Ray, assigned to PID, investigated the case because a police officer was involved. Ray identified the scene of the alleged attack as along Wisner Blvd.
Ray said at the time there were only six New Orleans police officers with the last name Lee. An Officer Lee with a first initial of C. Only one other officer had a first initial similar to C. Pepp was unable to make an identification; he said he had not seen the face of the attacker.
Ray secured search warrants for defendant's person, for defendant's unmarked police vehicle, for his mother's residence and for defendant's residence. Ray identified numerous items seized during the searches, including a man's plain gold wedding band and a baby seat seized from the rear seat of Officer Lee's unmarked police car.
Three condoms were seized from a shotgun case in defendant's vehicle. Ray took a taped statement from defendant. The tape was played for the jury. Defendant claimed to have had consensual sex with T. Officer Lee mentioned napkins in his statement. No napkins were found at the location where Officer Lee said the sexual relations occurred, but napkins were found at the location where T.
Those napkins tested negative for sperm, and therefore no DNA testing was conducted. New Orleans Police Sergeant James Gallager, supervisor of computer operations with the police department, identified a computer printout showing that defendant had accessed the criminal history of Marvin Pepp during the period of January 24, through February 1, Gallager admitted on cross-examination that every New Orleans police officer has access to the criminal history database.
Felicia Moran testified that she worked as a cashier at the Winn-Dixie supermarket on North Carrollton Avenue from Defendant worked a security detail at the store that night wearing a regular New Orleans Police Department uniform. She recalled seeing defendant at approximately midnight. He told her he had sex with a "freak" on the bayou, and that he had to give her three hundred dollars. Moran happened to know T.
Several days later, Ms. Moran was talking to Ms. Cotton, who put T. Gail Cotton essentially confirmed Ms. She claimed defendant said that the night before he "had a freak" on Wisner Blvd. Cotton had known T. Cotton admitted on cross-examination that she believed defendant was talking about having consensual sex.
She knew that there supposedly was a three hundred dollar price that was involved. Wanda Cotton testified that T. She got off work at Marvin Pepp, a self-employed auto mechanic, testified that on the night in question T. As they drove up Wisner Blvd. They pulled over, and Mr. Pepp got out to look under the hood. Defendant approached and asked him if he was wanted, and for identification. Pepp said he recognized defendant, who had graduated from the police academy with his cousin. He told defendant he knew him, and defendant replied that no, he did not.
Defendant handcuffed him and walked him to a car hidden behind some bushes about fifty feet away. A van was parked behind the car, and defendant ran off the van. Pepp that he had a warrant out for him, that he was going to jail, and that he was going to call a cruiser to get T. Defendant went back to T. He was nervous and sweating, and was fixing his pants and "stuff" his gun belt. Defendant said something about chasing someone, and that he had to take that person to jail.
Defendant unlocked the handcuffs on Mr. Pepp and told him to walk away and not turn around. Defendant's car had a baby seat in it. Pepp said he thought defendant's name tag read "C. Pepp said he did not identify defendant's photograph in the photo lineup presented to him by police, although he recognized him, because he wanted to talk to his attorney first.
However, he identified defendant in court. Pepp admitted on cross-examination that police told him he was a suspect in a kidnapping. This was the reason he told police he was not identifying anyone in defendant's photo lineup and that he wanted to talk to an attorney. Ronald Ray was recalled as a witness. He identified a tape recording of a second statement given by defendant. Defendant was arrested on August 24, , the day after he gave his second statement. Ray testified that D.
Claiborne and Montegut Street. Ray recorded her statement. She related that defendant picked her up the first time at Louisa and N. Dorgenois Streets, and took her to a location under the bridge at N.
Claiborne and Montegut where he raped her. Ray admitted on cross-examination that he did not take D. Zachary Turrell, who appeared as a witness with both his hands and feet shackled, admitted that he was serving a sentence on a conviction for possession of crack cocaine, his first conviction.
She worked for his mother. Turrell worked for his mother also, as a maintenance person for her health care business on Chef Menteur Highway. In the summer of , he saw D. He had seen the vehicle, a new car, pass by twice before, and warned D. It was occupied by one male.