1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA UNITED STATES OF AMERICA, * * Plaintiff, * * v. * * BRANDON LICCIARDI, * * Defendant. * * * * * * * * * * * * * * * * * Criminal Action No. 14-284 Section “H”(1) New Orleans, Louisiana December 18, 2014 DETENTION HEARING, BEFORE THE HONORABLE SALLY SHUSHAN, UNITED STATES MAGISTRATE JUDGE APPEARANCES: For the Government: U.S. Attorney’s Office By: MICHAEL E. McMAHON, ESQ. By: MARK A. MILLER, ESQ. 650 Poydras Street, Suite 1600 New Orleans, Louisiana 70130 For the Defendant: Capitelli & Wicker By: BRIAN J. CAPITELLI, ESQ. By: RALPH CAPITELLI, ESQ. Energy Centre 1100 Poydras Street, Suite 2950 New Orleans, Louisiana 70163 Court Audio Operator: (Magistrate Clerical) Transcriptionist: Sherryl Robinson c/o U.S. District Court 500 Poydras Street, Room C151 New Orleans, Louisiana 70130 (504) 589-7721 Proceedings recorded by electronic sound recording, transcript produced by transcription service. 2 I N D E X WITNESSES: Direct Cross James Lamy 4 14 29 -- Robert Blythe 31 42 51 53 DeWayne Horner 57 64 68 -- Paula Licciardi 74 79 -- -- Robert Blythe 83 90 91 -- GOVERNMENT EXHIBITS: Redirect Marked Recross Received (None offered in this proceeding) DEFENSE EXHIBITS: Marked Received D-1 Federal Indictment 92 92 D-2 State Indictment 92 92 Marked Received 90 90 DEFENSE PROFFER(UNDER SEAL): No. 1 Text Messages from Alleged Rape Victim (ADMITTED UNDER SEAL) 3 1 P R O C E E D I N G S 2 (Thursday, December 18, 2014) 3 (Court is in Session) 4 * * * * * 5 TRANSCRIPTIONIST NOTE: 6 MALFUNCTION AND THE AUDIO RECORDER WAS NOT 7 RECORDING AT THE VERY BEGINNING OF THIS HEARING. 8 9 * THE COURT: * THERE WAS A MACHINE * * Are you recording? 10 THE COURT RECORDER: 11 THE COURT: 12 David, she is recording now. 13 THE CLERK: 14 THE COURT RECORDER: 15 THE COURT: 16 MR. McMAHON: 17 * Okay. Okay. We’re okay now. Yes, ma’am. Yes. Okay. For the record, Your Honor, does the record reflect, Ms. Bush, that the witness was sworn in? 18 THE CLERK: Yes. 19 THE COURT RECORDER: 20 THE CLERK: 21 MR. McMAHON: 22 THE CLERK: Okay. 23 THE COURT: I wasn’t sure either. 24 MR. McMAHON: 25 THE COURT: Yes, sir. I’ll swear him again. Can we re-swear him? I wasn’t sure. All right. 4 1 * 2 * * * * JAMES LAMY, GOVERNMENT’S WITNESS, SWORN 3 * 4 THE CLERK: 5 THE WITNESS: * * * Please state your name for the record. James Lamy. 6 * 7 * * * * * DIRECT EXAMINATION 8 BY MR. McMAHON: 9 Q. Officer Lamy, are you familiar with the Pretrial Services 10 report in this case? 11 A. Yes. 12 Q. Who actually prepared it? 13 A. It was Officer Tara Sawicki. 14 Q. Have you consulted with Officer Sawicki regarding the 15 contents of the report? 16 A. I have. 17 Q. Are you familiar with the report? 18 A. Yes. 19 Q. Have you also done independent investigation and query? 20 A. Yes. 21 Q. Okay. 22 unit regarding Licciardi? 23 A. 24 combination of conditions that would reasonably assure his 25 appearance in court or the safety of the community. What is the recommendation of the Pretrial Services Yes, our office finds that there is no condition or Therefore, 5 1 we respectfully recommend that he be detained. 2 Q. Do you consider him a flight risk? 3 A. Yes. 4 Q. Do you consider him a danger to the community? 5 A. Yes. 6 Q. Now, let me go -- are you familiar with the indictment 7 handed down last week in the Criminal District Court for the 8 Parish of Orleans? 9 A. Yes. 10 Q. Can you enumerate for the Court those charges? 11 A. Yes. 12 Mr. Licciardi was charged in five of those counts. 13 a charge of battery with a dangerous weapon, three counts of 14 knowingly recruiting, providing or obtaining the use of another 15 person through fraud, force or coercion to provide sexual 16 contact conduct, and aggravated rape. 17 Q. 18 battery? 19 A. Yes. 20 Q. Can you explain those to Magistrate Shushan? 21 A. Well, I was you know, it’s a little unusual, I’m not 22 familiar with this type of offense being charged as -- 23 That indictment was a nine count indictment and It included Do you know generally the facts regarding the charge, the MR. B. CAPITELLI: Judge, I would just object to a 24 foundation. I’d like to know the basis for Mr. Lamy’s 25 understanding of the state charge. 6 1 THE COURT: 2 Mr. Lamy, why don’t you lay the foundation? 3 THE WITNESS: 4 I was apprised of the nature of the charge by the 5 case agent in this case and also by Assistant United States 6 Attorney Mark Miller. 7 BY MR. McMAHON: 8 Q. Okay. 9 A. I did read the indictment, yes. 10 Q. And did we discuss like myself, Mr. Miller and the case 11 agents; did we apprise you of a general outline of the facts 12 surrounding that battery? 13 A. Correct. 14 Q. Okay. 15 A. Yes. 16 Q. Go ahead, explain it to the Court. 17 A. I was told that the battery involved a -- the victim of 18 the battery was a female who met the Defendant at a bar in 19 New Orleans, and that it’s alleged that the Defendant placed a, 20 some sort of drug in her drink that caused her to get sick. 21 And the circumstances of that were apparently where there was 22 some video involved as far as the evidence there. 23 Okay. Go ahead and let -- Yes, thank you. Did you read the indictment? And that the lady went into the bathroom, became ill, 24 passed out vomiting, that she remained in the bathroom and was 25 awoke later after the club had closed and was locked down and 7 1 she was the only one in the bathroom, I was told, in the bar at 2 that point. She was locked into the bar. 3 And so, I’m assuming that you know, well, that the 4 battery had to do with using the -- the weapon was the drugs 5 used against the woman that caused her to become violently ill. 6 Q. 7 were they, besides the battery? 8 A. 9 rape, and then three other counts of recruiting other people to And other counts in the state indictment regarding -- what The other charges, there was one count of aggravated 10 be forced or coerced to provide sexual contact. I understand 11 it to be that women were brought in and that they also were 12 drugged is the allegation, so that they essentially could be 13 defenseless to a rape, and that they were indeed sexually 14 assaulted. 15 Q. 16 aggravated rape? 17 A. 18 life in prison. 19 Q. 20 did you become familiar with the financial resources available 21 to this Defendant? 22 A. 23 our other officer, in interviewing his father, was made aware 24 of his father’s substantial assets, as well. 25 Q. What is the penalty for a conviction in state court for I was told that the penalty, possible penalty is up to Now, let’s talk about risk of flight. Are you familiar -- Yes, I have his financial statement and also Ms. Sawicki, Did this factor into your assessment of flight risk? 8 1 A. 2 ability to effect any possible plan of attempting to flee, or 3 even flee the country. 4 consider. 5 Yes, that’s always a factor to consider somebody’s Those are always factors that we would Also, in this particular case, you know, having assets to 6 perhaps you know, influence others, that sort of thing. 7 is a factor. 8 Q. 9 indicted last week? So, it It certainly is a factor that we consider. What was Licciardi’s occupation up until the day he was 10 A. He worked for the St. Bernard Parish Sheriff’s Office. 11 Q. What was his rank, do you know? 12 A. I was told that he was a sergeant. 13 Q. Okay. 14 connected with the St. Bernard Parish Sheriff? 15 A. 16 officer with the St. Bernard Parish Sheriff’s Department for 35 17 years. 18 Mr. Licciardi was second in command to the Sheriff of 19 St. Bernard Parish at one time. 20 Q. Is that office an elected office? 21 A. Yes, I believe so, yes, the Sheriff. 22 Q. Does the political factor in any way inform your 23 recommendation? 24 A. 25 possibilities and certainly in a very serious type of case such Yes. And his father; was his father also at one point I’m told that he was a police officer or a Sheriff’s I was told by your office, actually, that the elder I think to a degree. Again, if we were considering 9 1 as this, you know, someone has attained a certain status in the 2 community, that how they react to a very serious charge that 3 carries such serious penalties, and therefore again, their 4 ability to bring pressure to bear or to effect a plan that 5 would be adverse to the Court’s interests; that certainly is 6 increased by their position and perhaps connections to the law 7 enforcement community and to the political community. 8 are factors to be considered, yes. 9 Q. And now, turning to the instant indictment: Those What are the 10 first three charges alleged? 11 A. 12 well, two counts of witness tampering, trying to get a witness 13 to not testify to authorities about certain facts of the case. 14 And then the third is about obstructing on basically an 15 investigation. 16 The first three charges involve attempts of witness -- My understanding is that it was involving his own 17 statements to law enforcement and other authorities. 18 Q. 19 this Defendant’s status as a sergeant with the Sheriff’s 20 Department; did that influence your recommendation? 21 A. 22 among many. 23 the charges, you know, this is certainly not the first law 24 enforcement officer that we have had to consider these types of 25 factors and that have been charged before. Okay. Now, let’s talk about danger to the community. I’d say that yes, it did. Did You know it’s one factor again, But taking it in conjunction with the nature of 10 1 And so, some of the things that we always consider is 2 again, the ability to when we’re talking about witness 3 tampering or obstructing, and those in the -- with the 4 specialized knowledge of the law enforcement community and 5 their experience, and also perhaps pressure that they could 6 potentially bring to bear through their connections and 7 experience all -- 8 Q. 9 weaponry; did that factor in? And would his access to -- inherently as a cop, access to 10 A. Yes, all part of that role, yes. 11 Q. How about the fact that a cop would have street 12 informants? 13 14 MR. B. CAPITELLI: Objection. What is the relevance and the foundation for any of this, Judge? 15 THE COURT: I’m going to allow it. 16 THE WITNESS: I believe that yes, I mean that 17 certainly has been a factor. 18 charges that you’re dealing with, it becomes even more of a 19 factor. 20 talking about victimization of women. 21 Again, based on the types of If you’re talking about crimes of violence, if you’re There are some allegations in this case that involve 22 you know, some known and unknown to the Defendant. Also, you 23 know -- 24 Q. Well, how about this -- 25 A. -- accessing drugs, accessing that community where 11 1 certain, I don’t know how it’s alleged that any of these 2 substances were obtained. 3 enhanced by somebody who has the experience of a law 4 enforcement officer. 5 Q. 6 the first three counts allege witness tampering, intimidation, 7 and obstruction of justice. 8 informants on the street employed as agents to go out and 9 further intimidate witnesses and victims; did that factor in? But all of that certainly is And to elaborate on that, with the fact that inherently, 10 MR. R. CAPITELLI: 11 It’s a -- 12 BY MR. McMAHON: 13 Q. THE COURT: 15 MR. R. CAPITELLI: Let him get it in. He has already resigned, so he’s referring to him as a cop. He is not an officer any more. 19 THE COURT: 20 MR. R. CAPITELLI: 21 That’s right. THE COURT: 23 MR. R. CAPITELLI: 25 So, that is an inaccurate premise to begin with, because he’s not a police officer. 22 24 I’d like to be able to speak first, please. 17 18 I’d like to object to that also. That’s a consideration? 14 16 The fact that a cop would have Okay. officer. THE COURT: Okay. And he has resigned as a police 12 1 2 MR. B. CAPITELLI: lay a predicate foundation -- 3 THE COURT: 4 MR. McMAHON: 5 THE COURT: 6 And Your Honor, just to further Well, one objection per -I’m sorry. Yes, exactly. What is this, a tag team? One objection per question, per counsel. 7 MR. B. CAPITELLI: I just would like a foundation for 8 it, the fact that there was a street informant involved in this 9 case in any way, shape or form, Your Honor, and if the 10 Government has any basis to be asking these questions. 11 12 THE COURT: Why don’t you rephrase it, with the qualification -- 13 MR. McMAHON: 14 THE COURT: 15 Sure. -- that the Defendant has resigned from the Sheriff’s Department. 16 MR. McMAHON: 17 THE COURT: Oh, sure, sure. Et cetera. 18 BY MR. McMAHON: 19 Q. 20 sergeant in the St. Bernard Sheriff’s Office; would you say 21 using common sense in your experience, he wouldn’t abandon all 22 of his contacts, the mere fact that he resigned last week, 23 would he? 24 A. I would think not. 25 Q. Right. Well, as an ex-Sheriff in the St. Bernard Sheriff, an ex- The Defendant? And did that fact that -- I mean being specific to 13 1 the Court, would the fact that officers that cops do have these 2 kind of contacts on the street, okay, and with his political 3 connections, did that give an especial consideration in 4 assessing his continuing danger to the community? 5 A. 6 and their interactions with informants and that sort of thing 7 is probably -- I’m less familiar with that. 8 am aware of it, you know, being in the court community and 9 seeing these types of cases. 10 I have to say that some of the role of a police officer Well, I certainly But I would say that you know, bringing that up in the 11 question that you asked, I would agree that it certainly does 12 play a factor. 13 strong of a factor that is. 14 In my experience, I couldn’t say whether -- how I just couldn’t say. But I would put it in terms of what I do know to be an 15 officer’s specialized knowledge, training and dealing with 16 witnesses, training and dealing with you know, the connections 17 with other officers’ access to information that others might 18 not have that didn’t have ties to the community. 19 definitely would enable an individual who is so inclined to 20 access witnesses, to influence them, to bring pressure to bear, 21 absolutely I think that that creates a special issue that 22 should be -- that is a consideration in terms of whether -- 23 Q. Right. 24 A. -- a continuing threat exists, yes. 25 Q. Now, you’ve been around a while like some of us around All of that 14 1 here, and were you familiar with the number of New Orleans 2 police officers indicated for less serious offenses relatively 3 speaking? Are you aware of those cases? 4 MR. B. CAPITELLI: 5 relevance of this line of questioning. 6 Mr. Licciardi and his individualized potential danger to the 7 community or risk for flight. 8 9 10 Judge, I’m going to object to the We’re dealing with Now, Mr. McMahon wants to go in and go into other cases that have no relevance as Your Honor well knows, and this line of questioning is completely inappropriate. 11 MR. McMAHON: Well, it does have relevance and this 12 is for Your Honor, for comparative purposes where these NOPD 13 officers, virtually all of whom were detained and these were 14 street cops, with a lot less access to resources. 15 THE COURT: Yes. 16 MR. McMAHON: But the same logic; access to weaponry, 17 street informants, and people who could act as their agents to 18 intimidate witnesses. 19 THE COURT: Yes. 20 MR. McMAHON: 21 THE COURT: I’m going to sustain the objection. Tender. Okay. 22 * 23 CROSS-EXAMINATION 24 BY MR. B. CAPITELLI: 25 Q. Mr. Lamy? * * * * 15 1 A. Yes, sir. 2 Q. I want to ask your first question: 3 You noted to Mr. McMahon that in addition to reviewing 4 the indictment, you conducted, and in your words, one 5 independent investigation and inquiry. 6 Mr. McMahon? 7 A. I answered affirmative to that, yes. 8 Q. Now, just so the Court is aware, you met with my father 9 and I about fifteen minutes before coming to court? That’s what you told 10 A. Yes. 11 Q. And the report was already done, the conclusion was 12 already in; isn’t that accurate? 13 A. Yes. 14 Q. And that independent investigation and inquiry is talking 15 to Mr. Miller and talking to the case agent; isn’t that 16 correct? 17 A. 18 know, pretrial process. 19 and -- 20 Q. Well, Mr. -- 21 A. -- and I say I did, our office and Ms. Sawicki did, and 22 also his father. 23 Q. 24 you? 25 A. I guess we consider it all part of the standard, you I certainly interviewed the Defendant But you haven’t reviewed the evidence in this case, have No, I have not. 16 1 Q. Okay. 2 A. I have not. 3 Q. And following up on Mr. McMahon’s last question about 4 street informants and weaponry; are you aware that 5 Mr. Licciardi, for the last four years, has been in the Traffic 6 Division of the St. Bernard Sheriff’s Office? 7 A. I believe that was stated, yes. 8 Q. And for the last four to five months, he has been in the 9 IT Department with the St. Bernard Sheriff’s Office; are you 10 aware of that? 11 A. 12 desk duty, I think, yes. 13 Q. So, he was no longer on the street? 14 A. That’s my understanding. 15 Q. And he has been also -- 16 A. It was for some amount of time. 17 for some amount of time. 18 Q. 19 told you that that was for several months, that he was 20 designated and relegated to desk duty? 21 A. That’s right. 22 Q. You don’t have any evidence? 23 A. -- reason to doubt that, no. 24 Q. You don’t have any evidence to the contrary? 25 A. Correct. Not specifically that. I knew that he was on some sort of I didn’t know how long, Would it be fair to say that you have no evidence if I I don’t have any -- 17 1 Q. 2 recommendation, Mr. Lamy, there are several factors that are 3 involved here under 3142; isn’t that correct? 4 A. Yes. 5 Q. And the two factors that you’re looking at, as you note in 6 your report, are risk of flight and danger to the community, 7 correct? 8 A. Yes. 9 Q. And we’ll go into those in a minute. 10 Now, going back through with respect to your But with respect to risk of flight: One of the things 11 that you look into is the person’s ties to the community; isn’t 12 that correct? 13 A. Yes. 14 Q. And you’re aware that Mr. Licciardi, who is 29 years old, 15 has never lived anywhere else but St. Bernard Parish; are you 16 aware of that? 17 A. Yes. 18 Q. And that he graduated from Chalmette High School and 19 immediately went to work for the St. Bernard Sheriff’s Office 20 following his graduation from Chalmette High School; are you 21 aware of that? 22 A. 23 that he has been working at the -- yes, he’s at the St. Bernard 24 Sheriff’s Office since June of 2004. 25 Q. Let’s see. Yes, that he went to Chalmette High School and And that, who they are all present in court, his father 18 1 and stepmother also live in St. Bernard? 2 A. Yes. 3 Q. And his mother and stepfather also live in the Greater 4 New Orleans area? 5 A. Yes. 6 Q. His sister lives in St. Bernard Parish? 7 A. Yes. 8 Q. It’s fair to say he has some pretty deep ties to 9 St. Bernard Parish -- 10 A. Yes. 11 Q. -- is that not accurate? 12 A. Absolutely. 13 Q. So I mean as far as an individual having strong ties to 14 the community; you don’t deny that Mr. Licciardi has strong 15 ties to St. Bernard Parish? 16 A. Very, very strong. 17 Q. And going back to what Mr. McMahon touched upon with 18 political connections: 19 official? 20 A. No. 21 Q. He resigned -- but he was a sergeant, he was a police 22 officer? 23 A. That’s right. 24 Q. He never held an elected position? 25 A. That’s right. Mr. Licciardi is not a public 19 1 Q. His father never held an elected position? 2 A. None that I’m aware of. 3 Q. And his grandfather was also a police officer, and never 4 held an elected position? 5 A. I don’t know that. 6 Q. If he was a police officer, he didn’t hold an elected 7 position; isn’t that accurate? 8 A. At the stage that he was -- I don’t have any -- 9 Q. You don’t have any information? 10 A. I don’t have any information about his grandfather. 11 Q. And you don’t have any information that while 12 Mr. Licciardi was a police officer, he ever received a single 13 complaint? 14 A. I don’t have that information. 15 Q. You don’t have any information that there was a complaint 16 lodged against him at any point in time during his over ten 17 years with the St. Bernard Sheriff’s Office? 18 A. No, I don’t have that information. 19 Q. Now, going back again with respect to the evidence; you 20 mentioned something about a video. 21 video? 22 A. I have not seen that, no. 23 Q. And going through the charges, you’ve had the opportunity 24 to review the charges in both the state and federal court; 25 isn’t that accurate? I’ll take your word for it. You didn’t review that 20 1 A. Yes. 2 Q. And wouldn’t it be fair to say that the charges in state 3 and federal court are substantially similar? 4 A. Yes. 5 Q. And in fact, there are two charges in the federal 6 indictment, Count 5 and Count 6. 7 Count 5 relates to the distribution of narcotics with 8 intent to commit a crime of violence on February 2nd, 2013. 9 Do you see that -- 10 A. Yes. 11 Q. -- Mr. Lamy? 12 A. I’m sorry? 13 Q. It’s Count 5 of the federal indictment. 14 A. September -- oh, I’m sorry. 15 indictment. 16 in front of me. 17 Q. Count 5? I’m looking at the wrong You know what, I don’t have the actual indictment Let me -- I can give you a copy. 18 MR. B. CAPITELLI: 19 THE COURT: 20 THE WITNESS: Your Honor, may I approach? Yes. I mean it’s in the text of our 21 narrative, but I have to look to see as far as the date, and 22 all. 23 MR. B. CAPITELLI: 24 MR. McMAHON: 25 MR. B. CAPITELLI: You don’t want to see it? No, I don’t. Okay. 21 1 BY MR. B. CAPITELLI: 2 Q. This is the federal indictment? 3 A. Yes. 4 Q. Let me hand you that. 5 A. Thank you. 6 MR. B. CAPITELLI: Your Honor, I just handed the 7 witness what I’m going to mark as Defense Exhibit 1. 8 BY MR. B. CAPITELLI: 9 Q. Mr. Lamy, I would ask you to look at Count 5 of the 10 federal indictment. 11 A. 12 (Witness examines document.) Yes. 13 Q. And do you need a copy of the state indictment? 14 A. No, I have that. 15 Q. You have that? 16 A. Yes. 17 Q. I would ask you to look at Count 2 of the state 18 indictment. 19 A. 20 (Witness examines document.) Yes. 21 Q. Which is the most serious charge that Mr. McMahon referred 22 to, the aggravated rape? 23 A. Right. 24 Q. Now, isn’t it true that the date in Count 5 is February 25 2nd? 22 1 A. Yes. 2 Q. Isn’t it true that the date in Count 2 of the state 3 indictment is also February 2nd? 4 A. Yes. 5 Q. Now, I’d like you to look at Count 6 of the federal 6 indictment. 7 A. (Witness examines document.) 8 Q. And that again charges the distribution of a controlled 9 dangerous substance -- 10 A. Yes. 11 Q. -- with the intent to commit a crime of violence. 12 A. Yes, yes. 13 Q. And the date on that is September 23rd? 14 A. Yes. 15 Q. I would like you to look at Count 5 of the state 16 indictment. 17 A. 18 (Witness examines document.) Yes. 19 Q. The date in that count is also September 23rd, 2013? 20 A. Yes. 21 Q. Now Mr. Lamy, Mr. McMahon asked have you been around this 22 courthouse for a while. 23 federal government indict an individual on almost substantially 24 the same charges two days apart? 25 MR. McMAHON: Have you ever seen the state and Objection, relevance. 23 1 THE COURT: Relevance? 2 MR. B. CAPITELLI: Your Honor, the state and federal 3 government are trying to use both charges which are 4 substantially similar -- 5 THE COURT: Uh-huh. 6 MR. B. CAPITELLI: -- for the purpose of detaining my 7 client. 8 trying to show Your Honor that they are the same charges. 9 THE COURT: 10 11 It’s in his report, he notes the state case. Okay. MR. McMAHON: He may argue that, but whether or not he knows that is something entirely different. 12 THE COURT: 13 If you know it, Mr. Lamy, answer it. 14 THE WITNESS: 15 Yes, I’m going to overrule it. Could you repeat the question? I’m sorry. 16 THE COURT: 17 BY MR. B. CAPITELLI: 18 Q. 19 20 I’m Yes. I’m asking -MR. B. CAPITELLI: Don’t worry, I forgot the question at this point. 21 THE COURT: There you go. 22 BY MR. B. CAPITELLI: 23 Q. 24 federal government indict an individual for the same almost 25 substantially similar charges two days apart, in all of the Wouldn’t you agree, have you ever seen the state and 24 1 years you’ve been here? 2 A. 3 No, I don’t think. It’s rare. I can’t -- nothing comes to mind. Yeah, it’s rare that they would have you know, 4 certainly the two days apart thing, that’s sort of an 5 arbitrary, I’d say no to that. 6 As far as, there’s been a few cases where there is 7 overlapping types of charges that I can recall, but the 8 circumstances are always sort of unique. 9 Q. Well -- 10 A. But it’s relatively rare, I will say that. 11 Q. And the reason I ask that, Mr. Lamy, is because in your 12 reasons, and we’ll go through your assessment of non- 13 appearance, and you state three reasons: 14 15 Offense charged, substance abuse history, and pending charge in Orleans Parish. 16 So, offense charged and pending charge in Orleans Parish, 17 as we just went through; those charges are substantially 18 similar? 19 A. 20 are substantial. 21 substantially similar, but also have uniqueness. 22 that, you know, the -- and of course Ms. Sawicki prepared the 23 report. 24 25 I note that there are significant differences, but they So yes, it’s both true that they are And I think Sometimes you know, we in the amount of time we have to prepare this, you know they meet sort of a certain checkbox on 25 1 our assessment section. And that statement about the pending 2 charges is you know, and basically what I took that to mean is 3 that she’s referring to the fact that there are additional 4 charges besides the federal charge in the state indictment, as 5 well. 6 Q. The -- 7 A. Yes, I see -- I don’t see that as it’s really separate you 8 know, like a -- 9 Q. It’s the same conduct? 10 A. -- like a prior charge. 11 alleged conduct, I would think, over a period of time. 12 MR. B. CAPITELLI: 13 THE WITNESS: No, this is all part of the same Thank you, Mr. Lamy. Yes. 14 BY MR. B. CAPITELLI: 15 Q. 16 that Mr. Licciardi drinks too much on occasion; isn’t that 17 accurate? 18 A. Yes. 19 Q. But he doesn’t have any arrests for DUI or public 20 intoxication or disturbing the peace, or anything along those 21 lines, does he? 22 A. No, none that we’re aware of. 23 Q. And the information you have related to his drinking came 24 directly from him, when he was interviewed; isn’t that 25 accurate? And going to the substance abuse history, there’s noted 26 1 A. That’s -- yes, that’s where it initiated, that information 2 was initiated there. 3 think if that was corroborated in any way. 4 Q. Mr. Lamy -- 5 A. No I, you know, and I think that’s really, yes, I’d say 6 that that was from his own statements and nothing was 7 contradicted by any person that we spoke to about that. 8 Q. He acknowledged his drinking? 9 A. Correct. 10 Q. Is my point? 11 A. Yes, he did. 12 Q. Now, the last question I have is: 13 asked you about Mr. Licciardi’s family and his father’s assets 14 and financial means? 15 A. Yes. 16 Q. And you indicated that that potentially had some effect on 17 your decision to recommend detention? 18 A. 19 case because of the nature of the charge, it does add an added 20 concern that there is the ability that some people do not have 21 to effect a plan, if they were so inclined, to try to non- 22 appear, to not appear in court, that there is a better ability 23 to accomplish that, than someone who does not have the same 24 type of resources. 25 Q. Some of that was later -- I’m trying to Well, it effects our assessment. Mr. McMahon noted and So you know, in this I would just like you to look on Page 2 of your report. 27 1 A. (Witness complies.) 2 Q. Where it notes, and just correct me if I say this, if I 3 read this incorrectly: 4 “He,” referring to Mr. Joe Licciardi, “and his wife” -- 5 A. Which paragraph are we talking about? 6 Q. It’s the last line on Page 2 of the report, Mr. Lamy. 7 A. Okay, I’ve got you. 8 Q. “He and his wife are willing to post $500,000 cash and any 9 and all of their sixteen properties for bond purposes.” 10 A. That’s right. 11 Q. So, he’s willing to put up literally all of his assets? 12 A. That’s what he said. 13 Q. So, even with those conditions and electronic monitoring, 14 there are ways that the Judge could keep him confined to their 15 home, which they agree to; isn’t that correct? 16 A. Yes. 17 Q. And tie up a substantial amount of assets of his family; 18 isn’t that also correct? 19 A. That’s right. 20 Q. Okay. 21 A. And just so to be clear; you know when we’re talking about 22 assessment, if we were to make a recommendation about a bond, 23 part of our assessment of the financial ability goes into the 24 number that we would choose. 25 I mean you may have seen earlier a family, you know, of 28 1 much more modest means, we’re able to make an adjustment based 2 on what we believe. 3 number is chosen based on the seriousness of the crime, we try 4 to pick a number that would be, if bond is appropriate, that 5 would be a significant amount that would make a difference in 6 terms of the Defendant’s likelihood of appearance. 7 Q. And -- 8 A. And of course that changes, depending on it. 9 that’s, when I talk about how that, how his assets affect our So, different than in the state where a And so 10 recommendation; that’s part of what I’m talking about in terms 11 of deciding what would be an appropriate bond amount, if we 12 were to choose that. 13 Q. 14 would, considering especially in light of the things that we 15 just saw -- And so, Judge Shushan could pick a bond amount that 16 MR. McMAHON: 17 going to be up to you. I’m going to object to that. That’s a hypothetical question, Judge. 18 THE COURT: 19 If you can answer the question -- 20 Go ahead and finish it. 21 BY MR. B. CAPITELLI: 22 Q. 23 Mr. Lamy? 24 A. 25 That’s I’m going to overrule it. She could pick a high bond amount; isn’t that correct, Yes. MR. B. CAPITELLI: Thank you. 29 1 MR. McMAHON: 2 Redirect. * 3 * * * * REDIRECT EXAMINATION 4 BY MR. McMAHON: 5 Q. 6 bond from Tulane and Broad? 7 A. Yes. 8 Q. How much? 9 A. $2.9 million. 10 Q. Do you know how much of his father’s assets have been put 11 up to satisfy that bond? 12 A. Are you aware of the bond that was set? Does he have a Well, none yet, but -- 13 MR. B. CAPITELLI: Your Honor, I would object. He 14 hasn’t even been arraigned in state court yet, so we haven’t 15 had an opportunity to do -- 16 17 MR. McMAHON: He opened the door, talking about assets. 18 THE COURT: Yes. Go ahead. 19 BY MR. McMAHON: 20 Q. Go ahead. 21 A. Well, they haven’t made -- posted a bond yet. 22 he had the federal hold, so I don’t know if there has been an 23 attempt to perfect bond in state court or not. 24 that. 25 Q. Of course I don’t know And I think the Court can take judicial notice of the fact 30 1 that there’s no federal equivalent to an aggravated rape 2 charge. 3 Now Mr. Lamy, going back and following up on one of his 4 questions: 5 are you familiar with any other case where a sergeant in a 6 law enforcement agency was indicted for drugging and raping 7 women? 8 A. 9 In your years of experience here, have you ever -- No. MR. McMAHON: 10 THE COURT: 11 THE WITNESS: Thank you. Okay, thank you. Thank you. 12 (Witness is excused) 13 (Pause.) 14 15 THE COURT: Okay. We are going to break for just a minute and take Ms. Riley. 16 * * * * * 17 WHEREUPON, WAS A BREAK IN THE 18 PROCEEDINGS TO CALL ANOTHER CASE AT THIS TIME, 19 WHICH WAS NOT TRANSCRIBED. 20 * * * * * 21 THE COURT: You may proceed. 22 THE CLERK: Recall Criminal Action 2014-284, United 23 24 25 States of America vs. Brandon Licciardi. MR. MILLER: Robert Blythe. The Government calls Special Agent 31 1 * 2 * 4 THE CLERK: * * * * * * Please state your name and spelling for the record. 6 7 * SPECIAL AGENT ROBERT BLYTHE, GOVERNMENT’S WITNESS, SWORN 3 5 * THE WITNESS: Robert Blythe, R-O-B-E-R-T, last name Blythe, B-L-Y-T-H-E. 8 * 9 * * * * DIRECT EXAMINATION 10 BY MR. MILLER: 11 Q. Again, your name for the record, please? 12 A. Robert Blythe. 13 Q. All right. 14 Bureau of Investigation; is that correct? 15 A. That’s correct. 16 Q. And what is your present assignment? 17 A. I’m currently assigned to one of two Public Corruption 18 Squads here in New Orleans, Louisiana field office. 19 Q. And how long have you been with the FBI? 20 A. Approximately six years. 21 Q. What are your duties and responsibilities, Agent? 22 A. As a special agent, my duties and responsibilities are to 23 investigate allegations of criminal conduct by appointed 24 government officials, elected public officials, as well as 25 federal public officials when allegations are made. And you are a special agent with the Federal 32 1 Q. Did you become the case agent in the Brandon Licciardi 2 investigation? 3 A. That’s correct. 4 Q. And as the case agent, did you have occasion to interview 5 or come to know a person by the name of Taryn Parker? 6 A. Yes, briefly. 7 Q. And how do you know her? 8 A. Taryn Parker is Brandon Licciardi’s girlfriend, who I 9 understand still to this time lives with him. 10 Q. All right. 11 A. And we, based on information we gathered in our 12 investigation sought to interview her. 13 Q. 14 violence committed on her by the Defendant? 15 A. Yes, I do. 16 Q. All right. 17 is you were able to find out? 18 A. 19 information provided to the FBI by the Orleans District 20 Attorney’s Office, we were able to see text messages where 21 Brandon Licciardi himself sent text messages to another person, 22 talking about a battery or assault on Taryn Parker. 23 Q. Specifically, what did those text messages say? 24 A. On December 30th, 2013 Brandon Licciardi wrote -- 25 And do you have any information regarding any acts of And could you describe to the Court, what it Based on a search of Brandon Licciardi’s cell phone or MR. R. CAPITELLI: Your Honor, I would like if he’s 33 1 going to read from a specific text that we be provided with a 2 copy of what he’s reading from. 3 MR. MILLER: 4 MR. R. CAPITELLI: 5 MR. MILLER: 6 testifying. 7 I believe those are his notes. But -- You can get them when he is done That’s when they are discoverable. MR. B. CAPITELLI: Judge, I think we’re entitled to 8 -- if he’s going to read from text messages, we’re entitled to 9 the text messages. 10 MR. MILLER: They will get those -- Judge, those in 11 that form are Jencks material. 12 after the witness testifies. 13 14 THE COURT: MR. MILLER: 16 THE COURT: 17 MR. MILLER: 19 I don’t disagree. Do we have copies of the -- 15 18 So, they are entitled to those No. -- text messages? No, he does not have copies. He is writing -- he is testifying from notes that he has. THE COURT: Okay. I can’t give you the text 20 messages, but we will give you what he is reading from as soon 21 as he has testified. 22 23 24 25 If you need a few minutes to review it, I’ll give it to you, okay? MR. MILLER: But I want to be clear. I don’t want to -- there is an agent that does have them, all right. But he 34 1 does not have them, all right? 2 THE COURT: 3 MR. MILLER: 4 Okay. So I don’t want to mince words; one of the agents does. 5 THE COURT: 6 MR. R. CAPITELLI: 7 THE COURT: 8 MR. MILLER: 9 THE COURT: 10 I think that’s right. All right. Let’s go ahead and give them a copy of MR. MILLER: We only have one, so at the end of the hearing, we would like them back. 13 THE COURT: 14 MR. MILLER: 15 THE COURT: 16 MR. MILLER: 17 THE COURT: 18 MR. MILLER: 19 MR. R. CAPITELLI: 20 21 22 23 We renew our request. the text messages. 11 12 Okay. Oh sure, no problem. All right. Okay. Can we continue with the testimony? Yes. Thank you, Your Honor. We would like to have a copy for -THE COURT: When we are finished you can go to my office and make as many copies as you want. MR. MILLER: Well Judge, there’s all kinds of things 24 on there that have nothing to do with this, so we would like to 25 be able to redact them. 35 1 2 THE COURT: Yes. We’ll just give them the text message to which we are referring. 3 MR. MILLER: 4 THE WITNESS: All right, thank you. Would you like me to continue reading? 5 BY MR. MILLER: 6 Q. Yes, if you could. 7 A. Just to preface, there’s a series of text messages with 8 this other individual, basically trying to explain why Taryn 9 Parker did not show up for work the next day or that day. 10 Brandon Licciardi wrote, quote: 11 “She can’t walk.” 12 He later wrote, “She got wasted and I beat the fuck out of 13 her.” 14 15 He later wrote, “I’m probably will go to jail if she wants me to. She has black eye.” 16 He later wrote, “Her legs are all bruised up.” 17 He later wrote, “I hit her in the legs.” 18 Taryn Parker also wrote a text message at a later date. 19 Q. And what did her text message say? 20 A. It reads: 21 “Honestly, I disagree with you in a lot of ways. You are 22 totally cool with all Darren was doing and you are a cop. It 23 wasn’t until you started dating me that you looked at things 24 he’s done differently. 25 matter. You used to talk about it in a laughing Then after you beating me, you are supposed to serve 36 1 and protect and I never felt the condolence of your apologies. 2 Pretty crazy if you ask me and the rest of the world if your 3 actions are okay. 4 “At least in my past, I never hurt anybody but myself. 5 You need to get your life right and ask the Man Above for 6 forgiveness. 7 Q. 8 not he had in fact beaten her? 9 A. I’m not the judge here, I just have thoughts.” And were you able to confirm with Ms. Parker whether or Yes, she acknowledged to myself and another agent when we 10 served her with a subpoena and attempted to interview her, that 11 this, incidences like this had occurred. 12 Q. All right. 13 THE COURT: Is that more than one, Agent? 14 THE WITNESS: She specifically, as best I recall, 15 said something to the effect of that she had -- things had 16 gotten better now when I asked her about him hitting her. 17 BY MR. MILLER: 18 Q. 19 how he treated women or what he thought of women? 20 A. I think so. 21 me. I can’t specifically recall what my understanding of that, 22 that statement was. 23 Did she also make any indication as to what he said, or I don’t have her -- my 302 of her in front of MR. R. CAPITELLI: Your Honor, I’m also going to 24 request the text messages of -- 25 THE COURT: Any text messages that have been referred 37 1 to, those individual messages, you may see. 2 MR. R. CAPITELLI: 3 THE WITNESS: Okay. Parker said to myself and the other 4 agent that, “Licciardi treats women as if they are nothing or 5 of no value.” 6 BY MR. MILLER: 7 Q. 8 pursuant to your duties, to interview a woman by the name of 9 Jeanette Mocklin? All right. Subsequently, did you have occasion to, 10 A. I did. 11 Q. And who is Jeanette Mocklin? 12 A. Jeanette Mocklin is Brandon Licciardi’s natural mother. 13 Q. All right. 14 Ms. Mocklin? 15 A. 16 FBI, in a satellite office of the FBI that used to work in 17 New Orleans, that Ms. Mocklin had related information to her 18 about Brandon Licciardi. 19 Q. So this was another special agent? 20 A. Yes. 21 Q. And that would have been Special Agent Sandra Zulli, 22 correct? 23 A. That’s correct. 24 Q. And what did Ms. Zulli tell you? 25 A. She said that Jeanette Mocklin had told her that, you And what caused you to go speak with I was given information by another special agent with the 38 1 know -- 2 Q. 3 Ms. Mocklin? 4 A. 5 grew up in St. Bernard or has family connections there, and so 6 has known Ms. Mocklin for a long time. 7 Q. 8 Brandon Licciardi? 9 A. Correct. 10 Q. All right. 11 Zulli? 12 A. 13 they had raised a monster, referring to herself and Joe 14 Licciardi. 15 Q. 16 importance to you, that you can recall? 17 A. 18 specific to different allegations that had been made in this 19 case about her concerns about those things, you know, to Sandra 20 Zulli and you know, basically grappling with the fact well, 21 what if these things are true? 22 Q. Did you then go speak with Ms. Mocklin or Mocklin? 23 A. Yes, I did. 24 Q. All right. 25 Taryn Parker? Well first of all, did she indicate how she knew Yes. Okay. Ms. Sandra Zulli, the agent, my understanding is And she had occasion to speak with her about So what did Ms. Mocklin tell Special Agent Ms. Sandra Zulli told me that Ms. Mocklin said that All right. Did she say anything else that was of Yes, she did. She relayed information that was, you know, And did you speak with her about first off, 39 1 A. I did. 2 Q. All right. 3 Parker? 4 A. 5 had you know, redness in one of her eyes, and that she had 6 occasion to speak with Taryn Parker about her being hit or 7 assaulted by Brandon Licciardi. 8 Q. 9 instances of abuse? And what did she indicate to you about Taryn She indicated to me that she had seen, that Taryn Parker Did she indicate whether or not there had been multiple 10 A. Her response to me seemed to imply that, yes. 11 Q. Did they talk to her, or did you talk to her about an 12 incident involving a woman who had run out of a house? 13 A. Yes. 14 Q. Could you describe for the Court what Ms. Mocklin told 15 you? 16 A. 17 number of years ago, that she received a call from Joe 18 Licciardi, who said that you know, she and Rick needed to -- 19 Rick Mocklin -- needed to come speak with them, that Brandon 20 Licciardi had something that he wanted to tell them. 21 Ms. Mocklin told me that some years ago, not a specific And she recalled that at that meeting, Brandon recounted a 22 situation involving another white male who we have interviewed 23 in this investigation, met a young lady at a bar, and that she 24 was asking for a ride basically, and that she rode with them 25 back to this other white male’s house, and that some time later 40 1 that night, she not once but twice ran out of the residence, 2 half naked and the second time, no one was able to find her, 3 and that later she was -- actually, I think Rick Mocklin told 4 us that later, Brandon said that an NOPD officer -- she had 5 made it to an NOPD officer’s car and that’s about the gist of 6 it. 7 Q. 8 out of the house two times; that was information that Brandon 9 Licciardi gave to Mocklin? All right. And the information about the woman running 10 A. Yes, that was Ms. Mocklin’s recollection of what was told 11 to her at that time, at that meeting. 12 Q. Did Ms. Mocklin indicate why Licciardi told her that? 13 A. Well, he was concerned about whether he could be 14 implicated if any charges were made regarding this incident 15 with the other white male at his residence, at the other white 16 male’s residence. 17 Q. 18 regarding Parker and Licciardi talking about Erik Nunez? 19 A. 20 As best I recall, Ms. Mocklin said that herself and Rick said 21 that they weren’t aware of Erik Nunez until Taryn Parker 22 mentioned her name, that I think he had been around in one of 23 the incidences, is as best I recall without having the report 24 in front of me. 25 Q. Did Ms. Mocklin also talk to you about an incident Yes. Okay. Basically, I don’t have the report in front of me. If this refreshes your recollection, what she 41 1 said? 2 A. 3 (Witness examines document.) Yes, Ms. Mocklin told me that Taryn Parker -- that 4 Licciardi asked Taryn Parker in front of Ms. Mocklin: 5 tell her about Erik? 6 7 Did you In Mocklin’s presence Parker responded and shook her head no. 8 Licciardi was mad at Parker, because Parker had been 9 telling Mocklin things about what had happened related to these 10 allegations with Darren Sharper. 11 Q. 12 e-mail or a text message about which Mr. Licciardi was 13 worried? 14 A. Yes. 15 Q. And could you relate that to the Court, please? 16 A. Ms. Mocklin told us that Taryn Parker told her that 17 Brandon Licciardi was concerned about a text message he sent to 18 Darren Sharper which said -- which read, “She’s ready.” 19 Q. And was that significant to you? 20 A. Yes. 21 Q. Why? 22 A. Well, because in other incidences involved in this case, 23 Darren Sharper told another witness in this case, “She’s on the 24 potion. 25 And did Parker also tell Ms. Mocklin about a certain She’s ready.” MR. MILLER: I have nothing further, Your Honor. 42 1 * * * * * 2 CROSS-EXAMINATION 3 BY MR. R. CAPITELLI: 4 Q. Agent Blythe, my name is Ralph Capitelli. 5 A. We have met before. 6 Q. Okay. 7 involved in this investigation? 8 A. I’ve been involved since the end of March, 2014. 9 Q. 2014; was that the beginning of the investigation? 10 A. That was the beginning of the FBI’s involvement in the 11 investigation, yes. 12 Q. 13 prior to March of 2014? 14 A. No. 15 Q. Okay. 16 A. Other than that the FBI laboratory handled some samples 17 from other jurisdictions. 18 Q. 19 today? 20 A. 21 reports that have been written, many of the interviews that 22 have been conducted were conducted when I was present. 23 very familiar with the investigation. 24 Q. 25 in the Brandon Licciardi investigation; are you also the case Good afternoon. Let me ask you this: How long have you been So the FBI was not involved in it, to your knowledge, And -- And what have you reviewed prior to your testimony Well, I’m the case agent on the case, so many of the Okay. So, I’m And certainly, I know you say you’re the case agent 43 1 agent in the Darren Sharper investigation? 2 A. 3 with the Orleans Parish District Attorney’s Office. 4 Q. 5 then you’re aware that Darren Sharper is charged with similar 6 conduct in other jurisdictions, correct? 7 A. Yes, I am. 8 Q. Okay. 9 some of those other jurisdictions? That’s correct. Okay. 10 We have conducted a joint investigation And in connection with that joint investigation; And have you exchanged information or talked to MR. MILLER: Judge, relevance. 11 Mr. Sharper, but about Mr. Licciardi. 12 MR. R. CAPITELLI: We’re here not about Your Honor, it’s relevant because 13 at this point my client is accused of activity with Darren 14 Sharper that he is accused of committing in various cities 15 around the country. 16 THE COURT: Uh-huh. 17 MR. R. CAPITELLI: And what I’m going to draw from 18 the witness is my client, and I want it to be on the record for 19 further, had absolutely no link of any kind to any of these 20 other cities, and I think I’m entitled to put that on the 21 record. 22 THE COURT: I think that’s fine. 23 Do you want to stipulate to that? 24 MR. MILLER: 25 MR. R. CAPITELLI: No, I don’t. Okay. 44 1 BY MR. R. CAPITELLI: 2 Q. Okay. 3 A. I have talked to Investigator Jim O’Hearn, with the 4 Orleans Parish District Attorney’s Office. 5 occasional contact with the authorities in Los Angeles, and I 6 have received documents and information from him. 7 Q. 8 Mr. O’Hearn and from the information he’s received from LA; 9 it’s accurate to say that there is no warrant out for my client Now, you talked to the people in Los Angeles? He has been in From all of the information you’ve received from 10 in connection with anything in LA; is that not accurate? 11 A. 12 of Los Angeles that I’m aware of, no. 13 Q. 14 to do with the charges that Darren Sharper faces in LA; is that 15 not accurate? 16 A. 17 information that indicates that Brandon Licciardi was directly 18 involved in the incidences in the other jurisdiction. 19 my current knowledge. 20 There is not a warrant for Brandon Licciardi’s arrest out And that you -- there’s no knowledge that he had anything My understanding is that I don’t currently have any That’s The investigation could reveal information in the future. 21 Q. But I want to be really clear for this: You have nothing 22 to link Brandon Licciardi to the Los Angeles charges against 23 Darren Sharper; is that correct? 24 A. 25 Brandon Licciardi’s having involvement with those incidences at I don’t have any information that would directly link 45 1 this time. 2 Q. 3 Okay, thank you. THE COURT: Agent, let me ask you: Do you have any 4 information that the Defendant was linked to any incidences in 5 any other jurisdictions besides Los Angeles? 6 THE WITNESS: 7 THE COURT: 8 MR. R. CAPITELLI: 9 Not at this time. Thank you. Thank you, Judge. BY MR. R. CAPITELLI: 10 Q. And in connection with this joint investigation that you 11 conducted with the DA’s Office; there came -- a state 12 indictment came down on last week, on Wednesday, and then the 13 federal indictment came down on Friday, correct? 14 A. That’s correct. 15 Q. And you were aware of the state indictment when it came 16 down, correct? 17 A. Yes, I was. 18 Q. And it was intentional that no one went and picked up our 19 client from Wednesday to Friday when the federal government 20 came and picked him up, even though he had been indicted by the 21 state authorities; is that not correct? 22 A. 23 until Friday morning, in the state indictment. 24 Q. Have you seen the indictment? 25 A. I have. My understanding is that the indictment was not returned 46 1 MR. R. CAPITELLI: I’m going to mark it as Exhibit 1, 2 Your Honor. 3 indictment. 4 BY MR. R. CAPITELLI: 5 Q. I’m going to ask you to look at the state indictment. 6 A. (Witness complies.) 7 Q. And look at Page 2 of that indictment. 8 A. (Witness examines document.) 9 But this is -- Excuse me, Exhibit 2, the state The signature -- 10 Q. 11 jury. 12 A. 13 Okay, and you go down under the foreman of the grand (Witness complies.) Yes, sir. And it’s signed by the foreman on December the 10th of 14 Q. 15 2014, correct? 16 A. Yes. 17 Q. Okay. 18 grand jury indictment on December the 10th? 19 A. Yes, sir. 20 Q. And then you waited for the federal grand jury to return 21 its indictment on Friday before executing and arresting him, 22 and putting him in federal custody, correct? 23 A. 24 Brandon into custody. 25 you know, it was voted on I guess on Wednesday, December the And so the foreman of the grand jury signed this Well, the FBI was the law enforcement entity that took But correct, the state indictment was 47 1 10th. 2 Q. 3 federal charge second. 4 A. 5 understand. 6 Q. 7 federal charge was second? 8 A. Yes, sir. 9 Q. And you heard the probation officer testify that there So, you had a state charge first, and then you had the Are you aware -- But the grand juries meet on different dates is what I Well I know, but the state charge was first and the 10 were similarities, and you would agree that some of the 11 similarities that he talked about between the state charges and 12 the federal charges; is that not correct? 13 A. 14 I -MR. MILLER: Well Judge, this is going way beyond 15 what the direct testimony was. If he wants to call him, and 16 they can meet the Touhy regulations; and they can call him in 17 their case-in-chief. 18 But I think this is -- they have gone way beyond. 19 MR. R. CAPITELLI: Your Honor, this is under cross- 20 examination of the whole thing. He brought -- they brought up 21 the state versus federal indictments. 22 MR. MILLER: No, I didn’t -- 23 MR. R. CAPITELLI: I didn’t bring them up. 24 THE COURT: I think -- 25 MR. MILLER: Okay. I didn’t bring up anything about 48 1 the -- 2 MR. R. CAPITELLI: I didn’t, they did. 3 THE COURT: But -- 4 MR. MILLER: 5 Okay. But on this witness -- when I’m finished, Mr. Capitelli. 6 I didn’t bring up anything about that. 7 about Taryn Parker getting beaten by his client. 8 asked about. 9 THE COURT: Okay. I asked him That’s all I So we have established that the 10 state indictment took place first, probably two days prior, and 11 that the FBI picked up the Defendant two days after? 12 MR. R. CAPITELLI: 13 Okay. Yes, that’s correct. Now, in connection with the federal 14 indictment, and I’ve got that and I believe I marked that as 15 Defense Exhibit 1. 16 BY MR. R. CAPITELLI: 17 Q. 18 Count 5 of the state indictment. 19 A. 20 indictment? 21 Q. Count 5 of the state indictment. 22 A. (Witness complies.) 23 Q. Which is providing -- recruiting and obtaining the use of 24 another person, “DD” through fraud/coercion to provide sexual 25 conduct, correct? In looking at the indictment, I had asked you to look at Count 5 of the state indictment, or the federal 49 1 A. That’s how it reads, correct. 2 Q. Okay. 3 indictment; it’s the same date. 4 person, correct? 5 A. Count 5 in the federal indictment? 6 Q. Yes. 7 A. No, those are involving different circumstances. 8 9 And comparing that to Count 5 of the federal MR. MILLER: That is in fact the same Well Judge, not only is it way beyond the scope of the direct testimony, we’re plowing the same 10 ground. And the Court can certainly draw its own 11 conclusions. 12 MR. R. CAPITELLI: 13 THE COURT: 14 MR. R. CAPITELLI: Okay. I think that’s right. Will the Court let me recall him 15 then? 16 to Mr. Miller and said I’d like to subpoena him, and he said he 17 wouldn’t accept the subpoena. 18 19 Because I can tell you prior to this, I sent a message So since he’s on for this, I would like to be able to recall him, so. 20 MR. MILLER: 21 MR. R. CAPITELLI: 22 23 Okay. He’ll be here, Your Honor. Okay. I’ll recall him. I’ll recall him on that. THE COURT: And are you recalling him just to -- not 24 just to, to establish the fact that Count 5 and Count 6 of the 25 state -- I’m sorry, of the federal indictment are similar to 50 1 two charges of the state indictment? 2 3 MR. R. CAPITELLI: Well, that is a point, Judge. That is a starting point for some other questions. 4 THE COURT: 5 MR. R. CAPITELLI: 6 THE COURT: 7 BY MR. R. CAPITELLI: 8 Q. 9 and Erik Nunez, correct? Okay? Uh-huh. And the rape charge on that “DD” is against Darren Sharper 10 indictment? 11 A. 12 Okay. Do you see Count 6 of the state (Witness examines document.) Yes. 13 Q. 14 against “DD”; is that not correct? 15 A. 16 that rape related to that incident. 17 Q. 18 “DD” and providing narcotics, correct? 19 20 And Mr. Licciardi is not charged with any rape indictment No, he’s not charged in the state indictment related to But you do have him charged in the federal indictment with MR. MILLER: Judge, didn’t we just get a ruling on this? 21 THE COURT: I thought so. 22 MR. R. CAPITELLI: 23 THE COURT: 24 MR. R. CAPITELLI: 25 Your Honor, then most of my other questions I’m going Okay. You’re going to recall him for this. I’ll recall him. 51 1 to leave it to -- I’m going to recall him. 2 THE COURT: 3 MR. R. CAPITELLI: 4 THE COURT: 5 THE WITNESS: 6 Good, okay. All right. Thank you, Agent. Mr. Capitelli, would you like your exhibits back? 7 MR. R. CAPITELLI: 8 MR. MILLER: 9 THE COURT: 10 Just a couple of questions. Uh-huh. * 11 Yes. * * * * REDIRECT EXAMINATION 12 BY MR. MILLER: 13 Q. 14 regarding his involvement of the rapes, correct? 15 A. Or other jurisdictions. 16 Q. Or other jurisdictions, excuse me. 17 jurisdictions. 18 You were asked whether or not you had any evidence Or other Now, when you spoke with Ms. Mocklin, did she indicate to 19 you who may have been a source of Ambien in this case? 20 A. Yes, she did. 21 Q. What did she indicate? 22 A. She told us that she heard that Brandon Licciardi’s 23 stepmother had given him a prescription for Ambien. 24 Q. 25 cases; was Ambien one of the drugs that was used to drug these All right. And did she -- and your knowledge of the other 52 1 other women by Darren Sharper? 2 A. Yes. 3 Q. All right. 4 may have had any involvement outside this jurisdiction. 5 you aware of any instances in Las Vegas, Nevada where he may 6 have been around persons who were putting drugs in people’s 7 drinks? 8 A. 9 the Orleans District Attorney’s Office stated that he was with Correct. You were also asked about whether or not he Are Mr. Licciardi in one of his own statements to 10 another football player who warned him that they were putting a 11 substance in the champagne, and so to be -- to consider that 12 and to be warned. 13 Q. 14 drinks? 15 A. I think Mr. Licciardi called it Horny Juice. 16 Q. All right. 17 police officer reported that to the authorities in Las Vegas, 18 Nevada? 19 A. No, he didn’t indicate that he reported that, no. 20 Q. All right. 21 was informed that they were spiking women’s drinks at a 22 conference, and he didn’t report it to the authorities? 23 A. What sort of substances were they putting in the Correct. And did he indicate whether or not he as a So as a sworn police officer, he watched or He was at least informed of it. 24 MR. MILLER: All right, thank you. 25 I have nothing further, Your Honor. 53 1 MR. R. CAPITELLI: 2 * 3 I’d like to just -* * * * RECROSS-EXAMINATION 4 BY MR. R. CAPITELLI: 5 Q. 6 another football player he observed this, not that he was 7 involved in; is that what you’re saying he said? 8 A. 9 this other football player -- You’re saying that, not nothing to do with Darren Sharper, In his interview with the DA’s Office he indicated that 10 Q. Uh-huh. 11 A. -- told him that this activity was going on and had 12 occurred, and you know, was giving him notice of that. 13 Q. 14 saying? 15 A. Correct. 16 Q. Who was the football player? 17 A. Um -- And that football player just told him is what you’re 18 MR. MILLER: 19 THE WITNESS: I don’t know what the relevance is. I’d like to look at my report. I may 20 -- it’s possible I could mix it up with a couple, 21 unfortunately. 22 BY MR. R. CAPITELLI: 23 Q. Well, so you’re not covering up for anybody, are you? 24 A. Absolutely not. 25 MR. MILLER: Well, what -- 54 1 BY MR. R. CAPITELLI: 2 Q. 3 question? Would you like to look at your report and answer the Or when I put you back on direct? 4 MR. MILLER: Number one, Your Honor, that was 5 uncalled for, “covering up for anybody.” 6 no reason to believe that this agent is covering up for 7 anybody. 8 9 THE COURT: I think that’s right. I do think that’s a little over the top. 10 11 There is absolutely Agent, do you feel as though you can reveal this information? 12 THE WITNESS: There could be investigations going 13 forward. There’s not currently, but there could be going 14 forward, related to the other persons involved in that 15 incident. 16 And so, the media is in this courtroom, so -- 17 BY MR. R. CAPITELLI: 18 Q. Are you aware of any other investigations going on? 19 A. Um -- 20 MR. MILLER: 21 THE COURT: 22 MR. R. CAPITELLI: 23 Again, relevance. I’m going to allow -You asked him, Judge. him. 24 THE COURT: Go ahead. 25 Are you aware of any others? You asked 55 1 BY MR. R. CAPITELLI: 2 Q. Are you aware of any? 3 A. I’m not currently conducting the other investigations. 4 This investigation is taking up a significant portion of my 5 time. 6 Q. 7 Thank you, sir. I asked you a question: Are you aware of any pending ongoing investigations about 8 this incident that you just talked about? 9 A. If given time, I intend to look further into those 10 allegations, yes. 11 Q. 12 since you heard about this; what have you all done about it? 13 Have you all contacted the Las Vegas Sheriff’s Office? 14 you all done that? 15 A. 16 Like I said, there’s not currently another investigation 17 ongoing. 18 Q. 19 March, correct? 20 A. Um -- 21 Q. March of this year? 22 A. No, they took place -- 23 Q. But -- 24 A. There’s three separate statements he made to law 25 enforcement. And let me ask you: What have you and the DA’s Office, Have We haven’t been able to get that far in an investigation. But these statements we’re talking about took place in 56 1 Q. The last one was in March, correct? 2 A. No, it was actually in February. 3 Q. Oh, February? 4 A. Yes. 5 Q. Okay. 6 do it. 7 Anyway, but since that time you’ve been not able to Also, you went personally and met with my client’s 8 stepmother and asked her about that Ambien. Tell us what she 9 said when you asked her about the Ambien on the interview, 10 when you showed up and served her the subpoena? What did she 11 say? 12 A. 13 she denied providing him care because of her familiar 14 relationship with him. 15 Q. She said he wasn’t a patient of hers; did she not? 16 A. Correct. 17 Q. And she wouldn’t have a stepson as a patient of hers; did 18 she not say that? 19 A. Correct. 20 Q. And you said that’s a good policy; didn’t you say that? 21 A. I did. 22 Q. Okay. She denied having given him a prescription for Ambien, and 23 MR. R. CAPITELLI: Thank you. 24 THE COURT: Thank you. 25 THE WITNESS: Okay. Thank you. 57 1 (Witness is excused) 2 3 MR. MILLER: The Government calls Special Agent DeWayne Horner. 4 5 * * 7 THE CLERK: * * * * * * Please state your name and spelling for the record. 9 10 * SPECIAL AGENT DeWAYNE J. HORNER, GOVERNMENT’S WITNESS, SWORN 6 8 * THE WITNESS: It’s DeWayne, D-E-W-A-Y-N-E, middle initial “J”, Horner, H-O-R-N-E-R. 11 * 12 * * * * DIRECT EXAMINATION 13 BY MR. MILLER: 14 Q. Again, just state your name for the record, please? 15 A. It’s DeWayne, D-E-W-A-Y-N-E, middle initial “J”, Horner, 16 H-O-R-N-E-R. 17 Q. And your occupation, sir? 18 A. I’m a special agent with the Federal Bureau of 19 Investigation. 20 Q. And how long have you been with the FBI? 21 A. A little over 19 years. 22 Q. All right. 23 field office? 24 A. It has. 25 Q. And your present assignment is? Has it been entirely here in the New Orleans 58 1 A. I’m on one of the Public Corruption Squads. We 2 investigate violations involving law enforcement officers, 3 judges, and government fraud. 4 Q. 5 to assist Special Agent Blythe in the interview of an 6 individual known as Chris Kent? 7 A. I did. 8 Q. All right. 9 A. Mr. Kent is a bookie. In your capacity as a special agent, did you have occasion And who is Mr. Kent? He’s also a part-time gambler and 10 he has a tax service in St. Bernard Parish. 11 Q. 12 for the record, so the record is clear, what do you mean by a 13 bookie? 14 A. 15 sporting events, primarily, and there’s a spread that’s put out 16 by usually Las Vegas and I think some place in New Jersey. 17 bets are placed, and depending upon you know, the point 18 spreads; people either win or lose. 19 Q. All right. 20 A. I did. 21 Q. Did he indicate what kind of, just generally, what kind of 22 operation he had? 23 A. 24 it’s called BetBanks dot com. 25 is kind of the new way that bookies are operating. All right. Now when you say he’s a “bookie,” could you A bookie is a person who takes bets for individuals on And And you spoke with Mr. Kent, is that correct? He had a bookmaking operation which used an offshore book, And basically what happens, this BetBanks is 59 1 located in Costa Rica and the customers or the bettors are 2 given an account and a log in number. 3 They log in, they place their bets online, BetBanks dot 4 com manages the bets, so that means they keep track of who 5 wins, who loses, and then they provide the winning and losing 6 information to the bookie, and then the bookie uses that 7 information to make his payouts or collect his money. 8 Q. 9 is that correct? All right. Obviously, this is a violation of federal law, 10 A. Yes. 11 Q. Now, when you spoke to Mr. Kent, did he indicate whether 12 or not he knew a person, Brandon Licciardi? 13 A. He did. 14 Q. And did he describe his relationship with him? 15 A. He said that he was a friend of the family. 16 when Brandon turned 21, his father Joe Licciardi asked him to 17 kind of look out for Brandon, and he said that he would. 18 Q. 19 better term, a gambling relationship? 20 A. 21 extra money, so he said that he asked Brandon to recruit new 22 bettors for him; and Brandon did that. 23 Q. All right. 24 A. For about a year. 25 Q. All right. All right. Yes. He said that And did they develop a -- well, for lack of a Mr. Kent started a new business and he needed some And did he indicate how long this occurred? Was Mr. Licciardi a police officer while this 60 1 was occurring? 2 A. Yes. 3 Q. All right. 4 worked? 5 did he pay Licciardi? 6 work? 7 A. 8 and then he would pass the person’s name on to Mr. Kent. 9 then Mr. Kent would go in, set up an account, get a password, And did Mr. Kent indicate how the relationship Did Brandon bring him the bets, or did Licciardi -How did it just physically, mechanically Well, what happened is Brandon would find an individual 10 and then he would give the password and account name to 11 Brandon. 12 bettor. 13 And Brandon would then pass that information on to the Bets were placed, and if there was money to be collected, 14 Brandon would go out and collect the money. 15 to be paid, Brandon would go pay the money. 16 Q. 17 St. Bernard Parish was collecting money for him? 18 A. Yes. 19 Q. Collecting money for a bookie? 20 A. Yes. 21 Q. All right. 22 have been making with Darren Sharper? 23 A. Yes, he did. 24 Q. Could you relate to the Court, please, what he told you? 25 A. Well first of all, Darren Sharper placed I believe five Okay. If there was money So Mr. Kent indicated that a Deputy Sheriff of Did he discuss with you any larger bets he may 61 1 bets with Mr. Kent, and Mr. Sharper placed bets larger than 2 what Mr. Kent wanted him to. 3 about paying Mr. Sharper, because Mr. Sharper won more money 4 than I think Mr. Kent could pay. 5 $5,000. 6 Q. 7 making with other bookies? 8 A. 9 described as a group of Russians that were running a larger And there were some discussions So, they settled on I believe Did he indicate about any larger bets that Sharper was Yes. There was a group in California that Mr. Kent 10 book, and they took bigger bets, and that Brandon Licciardi was 11 placing bets for Darren Sharper with the Russians in 12 California. 13 I think Mr. Kent said that they took up to a $25,000 bet, 14 and that Mr. Sharper lost a significant amount of money with 15 the Russians. 16 Q. 17 discussions with Licciardi about these losses? 18 A. 19 said that Mr. Sharper was not going to pay the Russians. 20 And did he indicate whether or not he had any further He did. He asked Brandon about the losses and Brandon And Mr. Kent told Mr. Licciardi that, “If you’re placing 21 those bets from your home computer, those people, the Russians 22 can get your IP address, they’ll get your address and they will 23 come kill you.” 24 Q. And what did Licciardi respond to Mr. Kent? 25 A. He didn’t seem to care. 62 1 Q. Now, did you have occasion to speak recently with a 2 special agent or a task force agent with HSI named Kurt 3 Ziegler? 4 A. Yes. 5 Q. All right. 6 investigator; is that correct? 7 A. That’s correct, with the Department of Homeland Security. 8 Q. All right. 9 interview he had conducted pursuant to a conspiracy to And Mr. Ziegler is a narcotics trafficking And did he tell you -- did he relate to you an 10 distribute methaqualone that he had -- 11 A. Yes. 12 Q. -- conducted? 13 A. Yes. 14 Q. Did he indicate to you that he had a confidential source? 15 A. Yes. 16 Q. Did he indicate to you that that source was reliable? 17 A. Yes. 18 Q. And did that source indicate to Special Agent Ziegler 19 whether or not he knew Brandon Licciardi? 20 A. He did. 21 Q. And what did the source say? 22 A. He said that he had sold Molly to Brandon Licciardi. 23 Q. And by “Molly;” what did he mean by “Molly”? 24 A. Molly -- is it methadone? 25 Q. Methaqualone? 63 1 A. Methaqualone. 2 Q. All right. 3 A. And also known as Bath Salts? 4 Q. Okay. 5 A. I’m not a drug agent, so. 6 Q. All right. 7 A. I think it was Bath Salts. 8 Q. All right. 9 A. He said that he met him in the clubs, he called it the Did he indicate how he had met Mr. Licciardi? 10 club scene; Bourbon Heat, Jax Brewery. 11 Q. All right. 12 A. That Brandon -- 13 Q. -- of importance in this particular investigation? 14 A. That Brandon -- Brandon Licciardi frequented those bars. 15 Q. Did you get how long he had supplied him with these 16 Molly’s? 17 A. Not how long, but it was within the last year. 18 Q. All right. 19 Licciardi tried to contact him after he had been interviewed by 20 you? 21 A. 22 tried to contact him about 30 times. 23 Q. 24 with Mr. Licciardi? 25 A. Yes. And you know those to be places -- Did Mr. Kent indicate to you whether or not He said that after we interviewed him, Mr. Licciardi All right. Did he indicate whether or not he ever spoke He said he did not. 64 1 Q. All right. 2 MR. MILLER: I have nothing further. 3 Thank you, Your Honor. 4 THE COURT: Thank you. 5 * * * * * 6 CROSS-EXAMINATION 7 BY MR. R. CAPITELLI: 8 Q. 9 Homeland Security officer Ziegler; you say he had a Agent Horner, in connection with this last thing about the 10 confidential informant? 11 A. Right. 12 Q. Have you met with that confidential informant? 13 A. No. 14 Q. Has -- 15 A. No, I haven’t. 16 Q. Has anybody from the FBI interviewed that confidential 17 informant? 18 A. Not that I know of. 19 Q. So you have -- you’re telling us you have someone who 20 tells you about a witness giving these kind of drugs to my 21 client, and in connection with this grand jury, nobody 22 interviewed that witness? 23 A. Well, we just found out about this last night. 24 Q. Well, when did you find out about it? 25 A. Last night. Is that what you’re saying? 65 1 Q. Last -- 2 A. Well, he found out about it last night and we found out 3 about it today. 4 Q. 5 jury indictment? 6 A. Yes. 7 Q. Has this person come forward and did they get him on some 8 kind of deal or something that you’re aware of? 9 A. Not that I know of. 10 Q. But the first time you got this information was last 11 night? 12 A. 13 night. 14 Q. 15 Oh, so this is just something you found out post grand I didn’t get it last night. Homeland Security got it last Last night. But prior to that on the case, do you have any other 16 information of people selling -- prior to what you got last 17 night; do you have information of people selling Molly’s to my 18 client? 19 A. 20 because I only helped on certain parts. 21 Q. Okay. 22 A. But I don’t have anything. 23 Q. Okay. 24 A. He would know more about that than I would. 25 Q. Now, in connection with the bets, when the year -- you I don’t, but I’m not familiar with everything in the case, Would Agent Blythe know that? 66 1 talked about what this bookie told you. 2 in when? 3 A. In 2013, probably football 2013. 4 Q. In 2013, it was football bets? 5 A. Mostly football, a couple of baseball bets, and I think he 6 said Brandon bet on some MMA fights. 7 Q. 8 with you? 9 A. No. 10 Q. Does he have any kind of deal with the FBI? 11 A. No, not that I know of. 12 Q. Has he been promised anything in connection with his 13 testimony, if you know? 14 A. No. 15 Q. Did he testify before the grand jury? 16 A. No. 17 Q. And when did you find out about this information, from 18 Kent? 19 A. Do you have the 302? 20 Q. No. 21 A. I think it was June. 22 think? 23 something like that. Okay, okay. He said this occurred Is this Kent; is he a confidential informant Did we interview him in June, I It was June of 2014? 24 MR. R. CAPITELLI: 25 MR. MILLER: It was like June 23rd or Have you got the 302? The 302 indicates August the 19th of 67 1 2014, Your Honor. 2 THE WITNESS: 3 MR. R. CAPITELLI: Are you going to provide the 302? 4 MR. McMAHON: I think that’s Kent’s statement, 5 August. No. not his. 6 MR. R. CAPITELLI: 7 MR. McMAHON: 8 MR. R. CAPITELLI: 9 What’s that? That’s Kent’s statement, not his. Okay. So, they’re not providing the 302. 10 BY MR. R. CAPITELLI: 11 Q. 12 participated in that arrest, correct? 13 A. I did. 14 Q. And he did not try to flee or run, or anything like that; 15 is that not correct? 16 A. No. 17 Q. He went very peaceably? 18 A. Yes. 19 Q. To the point where you let him ride in the car with his 20 father to the FBI headquarters, didn’t you? 21 A. Well, that was a negotiation. 22 Q. That was a negotiation? 23 A. Yes. 24 Q. But he was allowed to ride with his father to the FBI 25 headquarters un-handcuffed; is that not correct? In connection with the arrest of my client; you 68 1 A. 2 three cars behind him, and we had an airplane flying overhead. 3 Q. Wait, you put a car in front of him, a car behind him -- 4 A. Just to make sure he wouldn’t take off. 5 Q. And an airplane, but you let him ride in the car un- 6 handcuffed? 7 A. Right. 8 Q. Okay. 9 But what we did was we put a car in front of him, we had MR. R. CAPITELLI: 10 * 11 Nothing further. * * * * REDIRECT EXAMINATION 12 BY MR. MILLER: 13 Q. 14 he came to be in your custody? 15 A. 16 indicted and which I’m assuming Brandon heard that on the news, 17 and then he made one of our surveillance units outside the 18 house and then the father showed up. 19 If you could just for the Court, describe how it was that Well, what happened was WWL reported that he had been And I received several phone calls from the Sheriff of 20 St. Bernard Parish telling me that we need to be very careful 21 of Mr. Licciardi, and that it could be a very dangerous 22 situation, because he didn’t know how his father would react to 23 his son being indicted. 24 25 So, another agent other than me made contact with Mr. Licciardi and -- 69 1 THE COURT: Which Mr. Licciardi? 2 THE WITNESS: 3 THE COURT: 4 THE WITNESS: The father. Thank you. The father. And then the father called 5 Brian Capitelli, because they wanted to surrender at 6 Mr. Capitelli’s office. 7 So then I had called -- I talked to Brian and I said, 8 “It doesn’t make any sense for us to drive all the way over to 9 your office. Why don’t we just drive to our office, because 10 we’re just going to pick him up at your office and take him 11 back to our office.” 12 13 And Brian agreed, he said, “Yeah, just go to the FBI office.” 14 So we put him in a convoy and we went to our office. 15 BY MR. MILLER: 16 Q. 17 wasn’t like he just showed up in your office and said, “Here I 18 am”? 19 A. 20 assets available that if he tried to take off. 21 Q. 22 Kent? 23 A. Yes. 24 Q. Did he ever indicate to you whether or not he had spoken 25 with Licciardi about the beating? Okay. Right. So there’s really no place for him to go. It No, we had a convoy and like I said, we had other Just one other question: Did Taryn Parker work for Chris 70 1 A. Yes. 2 Q. What did he say? 3 A. He said that one -- Taryn Parker was missing a lot of 4 work, and that one day she called -- 5 6 MR. R. CAPITELLI: This is not appropriate for redirect. 7 8 I’m going to object. MR. MILLER: Well then I’ll recall him, if I have to. 9 THE COURT: Okay. Okay. 10 MR. MILLER: Do you want me to recall him? 11 THE COURT: Do you want him to recall him? 12 MR. R. CAPITELLI: 13 No, let him go ahead. He can go ahead. 14 THE COURT: 15 MR. R. CAPITELLI: 16 MR. MILLER: 17 THE COURT: 18 THE WITNESS: 19 missing a lot of work. 20 particular that she missed, and Brandon sent the text 21 messages about beating her in the legs and giving her a black 22 eye. 23 All right. I won’t do what he did to me. All right. Okay. Okay. He said that Taryn Parker was She missed a day, there was one day in And then Mr. Kent confronted Mr. Licciardi about 24 beating Taryn Parker, and he admitted to Mr. Kent that he had 25 beat her. 71 1 BY MR. MILLER: 2 Q. All right. 3 A. And that he was sorry for it. 4 Q. All right. 5 MR. MILLER: Thank you. 6 Nothing further. 7 MR. R. CAPITELLI: 8 THE COURT: 9 MR. R. CAPITELLI: Anything else? 10 THE COURT: 11 (Witness is excused) 12 THE COURT: 13 Just a minute. Nothing further. Okay. I’d like to take a five minute break and come back. 14 MR. R. CAPITELLI: 15 MR. MILLER: 16 THE COURT: All right. 17 THE CLERK: All rise. 18 Thank you. Thank you, Your Honor. (Recess from 4:32 p.m. to 4:41 p.m.) 19 THE CLERK: All rise. 20 THE COURT: Okay. 21 THE CLERK: Court is back in session. 22 THE COURT: Thank you. 23 THE CLERK: You can be seated. 24 MR. McMAHON: 25 Judge, at this time we would move for the admission of Mr. Lamy’s report, for the Court’s 72 1 consideration. 2 THE COURT: 3 MR. McMAHON: 4 That will be fine. Other than that, the Government has no further evidence. 5 THE COURT: Okay. That will be admitted. 6 THE CLERK: Do you have a copy of that? 7 THE COURT: I do have a copy. 8 MR. McMAHON: 9 THE CLERK: 10 are we numbering it? All right. Thank you, Your Honor. Whose copy am I going to take? 11 MR. McMAHON: 12 PRETRIAL SERVICE OFFICER LAMY: 13 THE COURT: 14 PRETRIAL SERVICE OFFICER LAMY: And what Let’s name it Government’s 1. Your Honor? Do you want me to -I don’t know -- I’m 15 not sure if the statute allows this to be made a part of the 16 public record. 17 18 THE COURT: We could do it under seal. That’s the only way I can see doing it. 19 PRETRIAL SERVICE OFFICER LAMY: 20 never been done before, the bond report. 21 MR. McMAHON: Right. I mean that’s Well the easier way to do it, unless we 22 want to stipulate that had you been called you would testify 23 consistent with the report, in addition to your other 24 testimony. 25 THE COURT: Well -- 73 1 MR. B. CAPITELLI: 2 testified. 3 to the report is. 4 what it says. Judge, I would just object. I don’t know really what the purpose of stipulating I mean we’ll stipulate that the report says 5 MR. McMAHON: 6 MR. B. CAPITELLI: 7 made an exhibit and he has testified. 8 9 MR. McMAHON: consider it. 10 11 Okay. Thank you, Your Honor. THE CLERK: Services report? So, you’ve stipulated to the Pretrial I just need to be clear, what I put. THE COURT: 13 MR. R. CAPITELLI: 14 MR. McMAHON: 15 THE CLERK: 16 MR. R. CAPITELLI: Yes. Okay. 19 THE COURT: 20 MR. B. CAPITELLI: Thank you, Your Honor. Okay. Your Honor, at this time the -- can we move forward, Your Honor? 22 THE COURT: 23 MR. B. CAPITELLI: 25 I mean because he has testified and -MR. McMAHON: 24 Yeah, yeah. All right. 18 21 I don’t know if it needs to be All right, as long as the Court can 12 17 He Uh-huh. The Defense calls Paula Licciardi, Your Honor. THE CLERK: Raise your right hand, please. 74 1 * 2 * * * PAULA LICCIARDI, DEFENDANT’S WITNESS, SWORN 3 * 4 THE CLERK: 5 THE WITNESS: 6 THE COURT: 7 * * * * Please state your name for the record. Paula Licciardi. Okay. * 8 9 * Have a seat, please. * * * * DIRECT EXAMINATION BY MR. B. CAPITELLI: 10 Q. Ms. Licciardi, what is your relationship to Brandon? 11 A. I’m his stepmother. 12 Q. And how long has he been in your life? 13 A. Since he was eight months old. 14 Q. Can you tell the Court of the circumstances that led to 15 him coming into your life? 16 A. 17 And when my husband and I reconciled I knew that Brandon would 18 be part of our family, with my three daughters. 19 Q. And -- 20 A. And so, I got to meet Brandon when he was about eight 21 months old. 22 he was around two and a half, and it was the day before 23 Christmas Eve, my husband was at work at the Sheriff’s Office, 24 and she brought him to me and said that -- she had married by 25 this time and she said, “Either you take him, my mother takes Brandon was the product of an affair, and I knew about it. And then he lived with his mom at that time until 75 1 him, or he goes to a foster home, because I can’t handle it.” 2 Q. And have you helped raise him since that time? 3 A. Yes. 4 Q. What was Brandon like as a child? 5 A. Typical boy, very active, on the go, but nothing out of 6 the ordinary. 7 repeated kindergarten, went through school, had no problem, got 8 special help for learning problems, graduated from high school, 9 played football. 10 Diagnosed at the age of five with ADHD, he He was on the All District winning team, Chalmette High, 2005. 11 And then he got a job at the Sheriff’s Office, first 12 working in the gym room cleaning up and doing things like that. 13 And then he was old enough and able to go to POST training and 14 he went and he became a police officer. 15 Q. Are you still close to Brandon to this day? 16 A. Yes. 17 Q. How often do you see him? 18 A. Two or three times a week. 19 Q. Have you ever known Brandon to be violent? 20 A. Never. 21 Q. How about drug use? 22 A. Never. 23 Q. And you heard some testimony earlier today about you 24 potentially providing your son prescription medication? 25 A. I would never do that. I would never do that to anybody’s 76 1 child, much less my own stepson. 2 give anybody anything. 3 And I always -- I would not And when they approached me in my office, it was full of 4 patients in the waiting room and I had to hurry up and see 5 patients so they could come back and interview me, to ask me, 6 because they heard that I had given Brandon Ambien or samples. 7 First of all, I have never given Brandon any kind of 8 controlled substance. 9 10 Second of all, when something is a controlled substance, you don’t get samples. 11 And third, Ambien is a generic drug. You don’t get 12 samples when something goes generic. 13 Q. So, you have never given Brandon Ambien? 14 A. I have never given him Ambien. 15 kind of sleep aid, or anything like that. 16 I have never given him any I have given him, once, when my partner in my practice was 17 out of town and Brandon came in, he had 102 fever and his 18 throat was fire engine red and I swabbed his throat and he had 19 streptococcus pharyngitis; and I gave him Zithromax, which is 20 an antibiotic for five days, because he is allergic to 21 penicillin. 22 Q. You heard about his girlfriend Taryn Parker? 23 A. Yes. 24 Q. You know Taryn Parker? 25 A. Yes. And that’s the only thing I have ever given him. 77 1 Q. Does Taryn Parker have a son? 2 A. Yes, she does. 3 Q. Is that a child that she has with Brandon? 4 A. No. 5 Q. Have you seen Brandon interact with Ms. Parker’s son? 6 A. Yes. 7 Q. Can you tell the Judge a little bit about his interactions 8 with Taryn’s son? 9 A. Brandon is very patient, very good with him. Brandon 10 brings him to school in the morning. We pick him up in the 11 evening. 12 homework with Bracyn, and brought him to football, brought him 13 to football games, took him jogging in the evening with him. 14 He did everything with this child. 15 Q. 16 with the probation officer? 17 A. Yes. 18 Q. We spent -- how long do you think you spent with the 19 probation officer? 20 A. Maybe 30 minutes. 21 Q. Okay. 22 substantial stuff that you and your husband own, if the Judge 23 was to issue a bond? 24 A. Yes. 25 Q. Are you still willing to do that? We make sure he ate dinner. I have witnessed him do Now, after court on Monday you and your husband Joe met And at that time you agreed to put up assets and 78 1 A. Yes. 2 Q. And would you allow Brandon to live with you? 3 A. Yes. 4 Q. And I explained to you what a third party custodian is; do 5 you understand what that means? 6 A. Yes. 7 Q. That means that you would have to take care and control of 8 him and basically oversee his movements? 9 A. Yes. 10 Q. And if the Judge was to issue a bond and made you third 11 party custodian; would you be willing to do that? 12 A. Yes. 13 Q. Even if that meant that if Brandon violated the Judge’s 14 orders, it would be your responsibility to turn him in, and 15 that would mean that he would go to jail? 16 A. Yes, I would. 17 Q. You would be willing -- 18 A. If he would disrespect me after I put everything up, to 19 try not to show up; and my husband and I married young. 20 didn’t have anything, and we worked hard for everything we 21 have. 22 I’ll put up everything I have. We Nobody gave us anything. I would put it all up. And I know that he would not do 23 that to us. But just in the rare circumstance that he might 24 would, I would turn him in, because I would not let him 25 disrespect his daddy or me like that, for everything that we 79 1 have worked for. 2 We were not born into this world rich. 3 rich parents. 4 that. My husband had no father. We didn’t have And I would not allow I would turn him in. 5 MR. B. CAPITELLI: Thank you, Ms. Licciardi. 6 I don’t have any further questions. 7 * 8 CROSS-EXAMINATION 9 * * * * BY MR. MILLER: 10 Q. Ms. Licciardi, did you know about the beatings of Taryn 11 Parker? 12 A. No, I did not. 13 Q. Would you agree with me that people who beat women are 14 violent? 15 A. Yes, I do. 16 Q. All right. 17 person, wouldn’t it? 18 A. 19 Parker with any marks on her. 20 Q. 21 admitted to doing it? 22 A. That’s what you say. 23 Q. All right. 24 A. Yes, I did. 25 Q. All right. So that would make Brandon Licciardi a violent No, I did not witness the beating and I did not see Taryn And you heard the testimony in here in court today; he I did not read that. You heard the testimony? If in fact he beat that woman, that would make 80 1 him a violent person; would it not? 2 A. That would be a violent temper, yes. 3 Q. Yes. 4 A. Oh, not always. 5 Q. You don’t think men that beat women aren’t dangerous? 6 A. I think there’s certain circumstances, and I also think 7 that when you’re in a personal relationship, that sometimes 8 when it’s not right and it’s not done but you know, there is 9 two sides to every story. And that would make him dangerous? 10 Q. So, it’s okay sometimes to beat a woman? 11 A. No, I have not seen the evidence. 12 Q. All right. 13 A. I did not see bruises on Taryn Parker. 14 Q. All right. 15 your opinion of him? 16 A. Probably. 17 Q. All right. 18 A. No, I did not. 19 Q. Did you know about the methaqualone? 20 A. Could you give me a prescription name for methaqualone? 21 Q. It’s called Cat. 22 If he had in fact beaten her, would it change Did you know about the gambling? It’s also called -- it’s called Cat. You heard the testimony about the informant? 23 A. I don’t know what methaqualone is. 24 Q. All right, okay. 25 A. What is the -- 81 1 Q. 2 testimony. 3 A. No, I did not. 4 Q. All right. 5 incidents? 6 A. For? 7 Q. Involving Darren Sharper? 8 A. Was I present? 9 Q. Were you present? 10 A. Did I -- I don’t understand what you’re trying to ask me. 11 Q. I guess my question is, is you have no idea what happened 12 when he was with Darren Sharper? 13 A. No, I do not. 14 Q. All right. 15 you don’t know anything about the gambling; you don’t know 16 anything about the club drugs; and you don’t know anything 17 about Darren Sharper. 18 The club drugs that he was getting. You heard the Did you know anything about that? Were you present during any of these alleged I’m sorry. So you don’t know anything about the beatings; Do you really know whose bond you’re willing to accept? 19 A. Yes, I do. 20 Q. All right. 21 A. My son Brandon, who is not a drug addict and does not 22 give out drugs, and he does not sedate women to have sex with 23 them. 24 Q. 25 Drug Task Force at one time, correct? All right. Now, you understand that he was a member of a 82 1 A. Yes. 2 Q. All right. 3 correct? 4 A. Yes. 5 Q. All right. 6 A. He went to POST school. And he is trained in the use of weapons, 7 MR. MILLER: Thank you. 8 I have nothing further. 9 MR. B. CAPITELLI: 10 THE COURT: 11 THE WITNESS: 12 Okay, thank you. Okay. (Witness is excused) 13 14 No redirect, Your Honor. MR. R. CAPITELLI: Let me put Agent Blythe back on the stand. 15 MR. MILLER: Your Honor, pursuant to Touhy, we were 16 supposed to be given notice of what areas we were going to ask, 17 that he was going to question the agent about and we would like 18 for him to be required to meet the Touhy requirements. 19 20 The Touhy requirements require some sort of notice to the Government, not one hour before in an e-mail. 21 MR. R. CAPITELLI: Your Honor, you know, but in 22 fairness if we could say, Your Honor, they have been working on 23 this case for over a year. 24 had a conflict right at the time these two indictments were 25 coming on. They advised Mr. Fanning that he 83 1 My son had gotten, and I have been on this for less 2 than a week. 3 soon as we were able to see we needed Agent Blythe, we sent it 4 to him. 5 We’re trying to put this thing together and as We’re talking about what was on the stand before, 6 where he stopped me, because I want to go into the different 7 charges, state and federal, and just get some clarification for 8 the Court, Your Honor. 9 10 THE COURT: Okay. I’m going to go ahead and allow it. 11 MR. MILLER: 12 Thank you, Your Honor. * * * * * 13 SPECIAL AGENT ROBERT BLYTHE, GOVERNMENT’S WITNESS, 14 PREVIOUSLY SWORN 15 * 16 * * * DIRECT EXAMINATION 17 BY MR. R. CAPITELLI: 18 Q. 19 that you gave us back. 20 A. Yes, sir. 21 Q. Okay. 22 state indictment. 23 A. 24 25 * Agent Blythe, let me give you back these two indictments Let me direct your attention to Count 5 in the (Witness complies.) Yes, sir. Q. And in that count we would -- when we were in the middle 84 1 of questioning before, we say that that count in the state 2 indictment, which alleges recruiting and providing/obtaining 3 the use of another person “DD.” 4 5 Now, please go to Count 6 in the federal indictment. A. 6 (Witness complies.) Yes, sir. 7 Q. Now, Count 6 is on the same date. That is in fact the 8 same woman that was listed in the state indictment; is it 9 not? 10 A. 11 September 23rd that is common to both counts. 12 Q. Yes. 13 A. And that victim “DD” is common to both counts. 14 Q. Okay, so it’s the same. 15 That, those two counts relate to a series of events on And Nunez and Sharper are charged with the rape of “DD” in 16 the state case; are you aware of that? 17 state case, if you would. 18 A. 19 Look at Count 6 on the (Witness complies.) Yes, that’s correct. 20 Q. And our client is not charged with that, correct? 21 A. He’s not charged with the rape. 22 Q. Okay. 23 worked with the DA’s Office from, I believe you said March of 24 2014, correct? 25 A. And you mentioned before that you had talked -- Yes, sir. 85 1 Q. And in the count, Count 3 of the federal indictment; you 2 say between October 29th and April 1st of 2014, he attempted to 3 influence or impede a federal investigation. 4 And point in fact, you indicated that the federal 5 investigation did not start until March of 2014; is that not 6 correct? 7 A. 8 the investigation did not start until March of 2014, correct. 9 Q. I did indicate that he -- that the FBI’s involvement in Okay. Was the grand jury investigation before March of 10 2014 that you’re aware of? 11 A. There was not a federal -- 12 Q. Grand jury. 13 A. -- grand jury investigation at that time. 14 Q. So anything that he did prior to that March date that you 15 referred to would not have been with an ongoing federal 16 investigation? 17 MR. MILLER: Well Your Honor, actually the law is 18 quite clear, is that a person can impede and obstruct an 19 investigation prior to the opening of a federal grand jury. 20 This is not the individual who should be talking 21 about this. 22 believe it happened, because the grand jury took it. 23 The charge is the charge. It’s probable cause to He is trying to have him make legal conclusions about 24 which he is not an expert. 25 questions in that regard. So I would object to any further 86 1 THE COURT: 2 that that’s a proper objection. 3 Yes, as far as the charges go, I’d find MR. R. CAPITELLI: That’s fine, Your Honor. 4 BY MR. R. CAPITELLI: 5 Q. 6 with the DA’s Office; you listened to the tape recordings of 7 our client, correct? 8 A. 9 that’s correct. All right. In connection with that, you said you worked I listened to the tape recorded interviews of your client, 10 Q. And you also reviewed the text messages from his phone, 11 correct? 12 A. That’s correct. 13 Q. And then you’re aware that text messages on his phone in 14 connection with the “DD” incident; he was telling Darren 15 Sharper, “Don’t do this;” are you not correct? 16 There’s text messages that say, from my client to 17 Darren Sharper, “Don’t do this”? 18 A. I don’t recall a text message that said, “Don’t do this.” 19 Q. But you are aware that my client went with Taryn Parker to 20 the hotel with the intent of trying to get Darren Sharper not 21 to do anything to “DD;” is that not correct? 22 A. 23 condo. 24 was in his mind at the time. 25 Q. What I’m aware of is that he went with Taryn Parker to the I know what he said his intent was. I don’t know what Well, we tried to do that, but he said his intent was to 87 1 go make sure nothing happened to her; is that not correct? 2 A. That’s what he said. 3 Q. And that’s the same count in the federal indictment, “DD” 4 as in the state indictment we talked about? 5 A. 6 September 22nd and continued into September 23rd. 7 Q. 8 letter from the federal government, that he was a target? 9 A. Not that I’m aware of. 10 Q. Okay. 11 testified about from Ziegler’s confidential informant -- have 12 you ever talked to Ziegler’s confidential informant? 13 A. I have not. 14 Q. So, since this happened and even in preparation for this, 15 you didn’t reach out to speak to Ziegler’s confidential 16 informant? 17 A. This happened literally hours before this proceeding. 18 Q. Okay, sir. 19 because that is the only person that is saying that they ever 20 sold Molly’s or any kind of pills to my client; is that not 21 correct? 22 They are about the same series of events that began on Now to your knowledge was my client ever sent a target And in terms of this information that Agent Horner But that, that was so important to bring up You don’t have anything else in your investigation other 23 than what you got last night; is that not correct? 24 A. That’s correct. 25 Q. I’d like you to look at Count 5 of the federal 88 1 indictment. 2 state indictment. 3 A. Count 2 of the state indictment? 4 Q. Yes. 5 February 2nd on “MB,” correct? 6 A. 7 Well, excuse me. First, go to Count 2 of the It was the aggravated rape charge which occurred on (Witness examines document.) Got you. 8 Q. Okay. And then when you look at Count 5, which is 9 February 2nd with -- that is also “MB,” correct? 10 A. Correct. 11 Q. Okay. 12 reviewed text messages, many of them. 13 messages of the alleged victims? 14 A. In some cases, yes. 15 Q. And -- 16 17 And in connection with your investigation, you MR. MILLER: proceeding. Judge, this is turning into a discovery This no longer has anything to do -- 18 MR. R. CAPITELLI: 19 MR. MILLER: 20 Unless. The charges are the charges. You can’t dispute those here, all right? 21 MR. R. CAPITELLI: 22 up one point, Your Honor, if I could. 23 BY MR. R. CAPITELLI: 24 Q. 25 Did you also review text I can dispute -- I’d like to bring In reviewing the text messages -THE COURT: Very limited. 89 1 BY MR. R. CAPITELLI: 2 Q. 3 a text message where she said on the day after the allegations: 4 “Definitely a night I’ll never forget. 5 Too many ladies for picture, Playboy party.” 6 7 In reviewing the text messages with “MB;” did you not see This victim in the rape case, the next day; are you aware -- 8 9 MR. MILLER: Judge, we’re not trying the rape case. We’re not trying the victim. 10 THE COURT: 11 MR. MILLER: 12 Right. As much as they’d like to try to make this into -- 13 MR. R. CAPITELLI: 14 MR. MILLER: 15 17 MR. R. CAPITELLI: Yes, I think that’s right. It’s about the sufficiency of the charge. 19 MR. MILLER: 20 MR. R. CAPITELLI: 21 THE COURT: 22 MR. MILLER: 23 THE COURT: 25 It’s about what -- he’s violent and -THE COURT: 24 Well no, Judge, they can’t -- It’s about him. 16 18 Party of a lifetime. hearing. No, no. And it’s a -- No, we’re here for a detention hearing. Hearing. Yes. No, we’re not here on a preliminary We’re here on a detention hearing. MR. R. CAPITELLI: Well, we would like to proffer 90 1 these texts from this alleged rape victim into the record -- 2 THE COURT: That will be fine. 3 MR. R. CAPITELLI: To show the night after the Super 4 Bowl party she was making comments like that. 5 proffer those and -- 6 7 MR. MILLER: grounds. 8 9 I’d like to I’m going to object on relevance I don’t want a part of the record. THE COURT: I’m going to allow the proffer, under seal. 10 MR. R. CAPITELLI: I’m going to proffer it. If they 11 want to seal it to protect the rape victim, they can, the 12 alleged rape victim. 13 THE COURT: 14 I’m going to allow a proffer, under seal. 15 MR. R. CAPITELLI: 16 THE COURT: 17 We’ll mark it as Defense Proffer Number 1 and it will be under seal. 18 19 The alleged rape victim. MR. R. CAPITELLI: Your Honor, for the record to be clear, just so -- we’re finished. 20 MR. MILLER: I do have one question. 21 * 22 CROSS-EXAMINATION 23 BY MR. MILLER: 24 Q. 25 alleged victim “MB”? * * * * Do you have a recording of the Defendant talking about 91 1 A. Yes, I do. 2 Q. And was he talking to another individual, a friend of 3 his? 4 A. He was. 5 Q. And did he have a recording? 6 A. I’m sorry? 7 Q. And was it recorded? 8 A. It was recorded. 9 Q. And what did the Defendant say about “MB”? 10 A. He said that if she got a rape kit done, among other 11 things, that he was, quote, “fucked.” 12 Q. 13 not find her? 14 A. 15 talk to her. 16 Q. And did they say what would happen when we found her? 17 A. Then that’s a serious problem for him. 18 Q. All right. 19 All right. Yes. And was he hopeful that the authorities would He said, “They’re not going to get me until they She’s the one.” MR. MILLER: 20 Nothing further, Your Honor. * 21 * * * * REDIRECT EXAMINATION 22 BY MR. R. CAPITELLI: 23 Q. 24 numerous occasions after that incident? 25 A. Did he also say that he had consensual sex with her on The recording is -- there’s a loud noise in the 92 1 background. 2 Q. Oh, so you couldn’t hear that part; is that correct? 3 A. I’m saying he says -- he claimed it was at some point 4 consensual. 5 was spoken on the recording. 6 Q. 7 consensual? 8 A. 9 However, I can’t say in totality every word that Okay, sir. Are you picking and choosing which are Absolutely not. MR. R. CAPITELLI: Thank you. 10 No further questions. 11 THE COURT: 12 MR. MILLER: 13 THE COURT: 14 MR. R. CAPITELLI: 15 Okay. Nothing by way of rebuttal, Your Honor. Thank you. just offer for the record so it will be clear. 16 THE COURT: 17 MR. R. CAPITELLI: 18 Your Honor, at this time we would Uh-huh. Exhibit 1 and Exhibit 2, which are the two indictments. 19 And also, we would file these Exhibits 3, 4 and 5 and 20 I’ll provide an envelope that we can put those in. 21 no objection to those being filed under seal. 22 THE COURT: 23 Yes, that’s the Proffer Number 1. (Pause.) 24 25 And we have THE COURT: you. Okay, those will be admitted. Thank 93 1 Any other witnesses? 2 MR. R. CAPITELLI: No, Your Honor. 3 THE COURT: Do you want closing argument? 4 MR. MILLER: 5 THE COURT: 6 MR. MILLER: Okay. Yes, briefly, Your Honor. Uh-huh. In a case like this it is the 7 Government’s burden of persuasion; however, there is a 8 rebuttable presumption because this is a case that involves a 9 crime of violence, but it also involves a narcotics offense 10 11 with a term of imprisonment that exceeds twenty years. What you have before you is a now former police 12 officer, somebody who was trained in the use of weapons, and 13 whose prior position, father’s position gives him a sort of 14 special position and maybe you’d call it some sort of nobility 15 in that particular area; but he has the, obviously, the ability 16 to intimidate because of their positions. 17 More importantly, what we have here are charges, 18 serious charges that were brought against him not by one grand 19 jury, but two grand juries. 20 this individual was involved in serious, violent behavior. 21 fact, violent behavior involving the rape of several women. 22 So two bodies have determined that In There are significant punishments, and this goes to 23 the issue of flight risk. The mandatory, I believe it’s life 24 imprisonment in the state charges. 25 20 year maximum. The federal charges are a 94 1 We have also a documented propensity or evidence has 2 been shown that he has a propensity for violence and an 3 incredible disregard for all rule of law issues and the 4 administration of justice. 5 Now, recall that while a police officer, he was 6 actively involved in a gambling operation, so he’s helping a 7 bookmaker. 8 Bourbon Street, the Bourbon Street clubs. 9 girlfriend viciously. 10 He’s purchasing club drugs up and down, then He beat his He spoke with Mr. Kent or tried to attempt to with 11 Mr. Kent. 12 FBI had talked to him? 13 other instances, to intimidate or influence somebody’s 14 testimony. 15 And why is that important after the fact that the Because he was attempting as in the Remember too, that Ms. Parker could not go to work, 16 that he -- and I use his language, beat the fuck out of her. 17 That’s a police officer talking about that. 18 And we know that while he was in Las Vegas, Nevada he 19 allowed other people to put drugs in people’s drinks. 20 is that a callous disregard for the women who are taking or 21 imbibing those substances, it’s a disregard of his office. 22 Not only Again, if somebody wants to be put on bond, you have 23 to have evidence and you have to have a belief that they follow 24 the rules. 25 case. This man in many ways is sort of a one man RICO There isn’t anything that he is unwilling to do. He is 95 1 a person with no boundaries, and a person with an obvious sort 2 of amorality. 3 As to his community ties; while he may have lived 4 in Meraux all of his life, he has no job, he has no children, 5 and he has no wife. 6 Meraux, nothing keeping him there, as would be if somebody had 7 a house, a family, or something of that nature. 8 predator. 9 So there’s really no reason to stay in He is a I believe that the Government has shown by clear and 10 convincing evidence that he is a danger to the community, and 11 he’s also a threat to the administration of justice. 12 jury has determined and this Court is bound to honor the 13 finding that he not only tampered with a witness, but he also 14 attempted to obstruct the ability of the grand jury to consider 15 the charges. 16 17 The grand And those would be the Government’s remarks, Your Honor. Thank you. 18 THE COURT: Okay, thank you. 19 MR. R. CAPITELLI: Your Honor, just briefly. You 20 know, just as I stated we just got into this case and we tried 21 to put this together, and I see many flaws in the case and I 22 think we tried to point some of those out. 23 One of the things about the detention statute is it 24 says that finally at the end, “Presumption of innocence: 25 Nothing in this section shall be construed as modifying or 96 1 limiting the presumption of innocence, including the fact that 2 the U.S. Government wants to give less of a standard to police 3 officers. 4 I mean it was clear from the -- I’ve never seen -- I 5 would hope the U.S. Attorney’s Office would have more respect 6 for police officers, but they took the position because you are 7 a police officer, you’re more guilty and you’re not entitled, 8 which isn’t true. 9 Here is a man who has lived here his whole life, 10 whose family is standing by him and tried him in implications 11 of that and couldn’t; and they had -- it was so important to 12 them, Judge, so important that they had to get a confidential 13 informant who they haven’t talked to, to say, “Oh, I sold him 14 Molly’s,” after he saw it on TV. 15 What’s he trying to do? 16 something? 17 seen. 18 Buy his way out of That is the least credible information I have ever But when Blythe got on the stand, they don’t have a 19 single other witness to say my client ever bought any of those 20 narcotics. 21 And what I tried to show with Darren Sharper is 22 Darren Sharper has done these things in other jurisdictions, 23 allegedly, without my client’s knowledge, involvement or 24 participation. 25 knew Darren Sharper, that doesn’t make him guilty. So, if there was something he did and my client 97 1 And because of another football player out in Vegas 2 may have done something, they chose not to report it either at 3 this point, for whatever reason. 4 All I can say is that in this case, where you have A, 5 a $2.9 million bond, all right. 6 publicized where -- and the offenses are accused of being 7 social date-related offenses. 8 into places. 9 B, offenses that have been He’s not accused of breaking He’s not accused of -- So, it isn’t a clear case where home arrest and 10 detention would not allow for the commission of the offenses. 11 He’s -- they have shown nothing where he’s got any ability to 12 go out of the country or desire to go out of the country. 13 never left St. Bernard almost, Judge. 14 He’s And all we’re saying is that this collaborative 15 effort which was a joint investigation that came together to 16 put this kind of heat on him, the purpose to keep him in jail. 17 I mean that was the clear purpose. 18 And I hope the Court independently looks at it and 19 says there are conditions that he can, which there are many. 20 And we’ll do anything to be able to do that, Judge, because 21 obviously another problem is handicapping the defense in trying 22 to defend the case like this, while he’s in jail, which is 23 which the Government well knows. 24 Thank you. 25 THE COURT: Okay, thank you. 98 1 Mr. Capitelli, I agree with you that there is a 2 presumption of innocence, and I certainly do not believe 3 otherwise. 4 And so you are correct in that regard. In this case though, there is a rebuttable 5 presumption of detention. 6 342(e)(2) provides for the rebuttable presumption and the 7 charges in this case are presumption charges. 8 question about that. 9 18 United States Code, Section There’s no So, what I need to decide is whether or not there are 10 any conditions of release that would lead me to believe that 11 the Defendant is not a risk of flight, and that the Defendant 12 will not obstruct or attempt to obstruct justice. 13 And I don’t think that presumption has -- that 14 rebuttal has been made in this particular case. 15 particularly concerned about the fact that he’s charged with 16 three counts of attempting to influence -- well I’m sorry, two 17 counts of attempting to influence witnesses and one count of 18 impeding official proceedings. 19 I’m This is a former law enforcement officer and while I 20 don’t hold that against him, he certainly is aware of the law 21 and he’s aware of the duty to act truthfully and not impede a 22 law enforcement investigation. 23 He also is, as a former law enforcement officer, well 24 aware of the fact that he is under no circumstances to 25 intimidate, threaten or in any way try to influence witnesses 99 1 to such an investigation. 2 crimes. 3 And he’s charged with both of those In addition, you’re right, he is not charged with 4 buying drugs, but he is charged with two counts in the federal 5 court indictment which is what I’m concerned with, of knowingly 6 and intentionally combining and agreeing with others to 7 distribute three substances with the intent to commit a crime 8 of violence, that is rape, and aiding and abetting those 9 activities. 10 So, those charges are extremely serious in my view. 11 The testimony today indicates that the Defendant has at least 12 on one occasion and probably on more than one occasion, beaten 13 his girlfriend to the point where she could not walk, she 14 couldn’t go to work, and the quote was that he beat the “F” 15 out of her. 16 can’t overlook that as far as being violent in his 17 propensities. 18 He admitted to that, and I can’t excuse that. I He went to Las Vegas and was told that women were 19 being given those drugs. 20 and again I’m not holding it against him, but as a law 21 enforcement officer, knew well that that was a crime and 22 probably had an obligation to call Las Vegas Police Department 23 and report it. 24 25 And he, as a law enforcement officer, He didn’t do so. That leads me to believe that he’s all right with these kinds of activities. That’s not okay. 100 1 Relative to the flight risk, you’re right, we could 2 do home detention with monitoring, but you and I both know that 3 there are ways around that. 4 If the Defendant is intent on getting out of the 5 house, there are ways to get the monitor off, and there’s ways 6 to get two witnesses who he may want to influence, threaten or 7 intimidate. 8 monitoring would preclude his ability from continuing to 9 obstruct justice and threaten or injure or intimidate others. 10 And so I don’t find that home detention with So, I do find that he is a serious risk of flight, 11 and I do find that he is a risk to obstructing justice and 12 threatening others; and therefore, I do order that he be 13 remanded at this time. 14 MR. R. CAPITELLI: 15 MR. MILLER: 16 THE COURT: 17 MR. McMAHON: 18 MR. F. CAPITELLI: 19 20 21 22 23 24 25 Note our objection, Your Honor. Thank you, Your Honor. So noted. Thank you, Your Honor. * Thank you, Judge. * * * * (Hearing is Concluded) 101 C E R T I F I C A T E I certify that the foregoing is a correct transcript from the electronic sound recording of the proceeding in the above-entitled matter. S/Sherryl P. Robinson Sherryl P. Robinson _1/16/15_ Date