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CRIMINAL DISTRICT COURT

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FOR THE PARISH OF ORLEANS

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STATE OF LOUISIANA

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STATE OF LOUISIANA

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CASE NO.525-332
VERSUS

TRAVIS LEONARD

SECTION “A”

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PROCEEDINGS

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APRIL 25, 2017

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HON. LAURIE A. WHITE, JUDGE PRESIDING

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APPEARANCES:

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JASON NAPOLI

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ATTORNEY

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DAVID CAPASSO

ASSISTANT DISTRICT

REPRESENTING THE DEFENDANT

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THE COURT:

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 Alright, Mr. capasso, are you able to bring

your client in? who are we talking about,_.

MR. NAPOLI:

Judge, --was notified to be in
court today, or I'm sorry, yesterday. I was told by Mr.
capasso he would be in court for 9 a.m. tomorrow. we
would ask for a warrant for his arrest, given that we've
had to essentially -- well, not be able to proceed on
half of the counts in his indictment because he failed
to show up yesterday.

THE COURT:

So what are we arresting him for? To appear

in this case or the next case?
MR. NAPOLI:

It's the same case number, but the next date

THE COURT:
I know, but I mean these are the Counts that
have already been, you're not going forward on?

MR. NAPOLI:

Right, we couldn't because he didn't show up.
THE COURT:

Ah.
MR. CAPASSO:

Your Honor, David capassothe deceased, and the

grandson of, well, his grandmother is here as well. I
THE COURT:

And he's a victim in this case?

MR. CAPASSO:

 

 

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He was shot.
shooting.

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THE COURT:

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He’s been the victim of a

I know, his case was for trial.

We picked a

jury yesterday.

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MR. CAPASSO:

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So, Judge, last week.

About a week ago, I

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believe it was on a Tuesday night, as I was getting

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ready to travel to New York for my family wedding, I got

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a text from my client that he stated, stated, that he

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was being threatened and harassed.

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THE COURT:

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I'm threatening him now.

I'm going to arrest

him.
MR. CAPASSO:

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Okay, Judge, I would appreciate if I'm going

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to put this on Record.

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you want to because I think that would be helpful.

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We can talk in your office if

THE COURT:

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Here’s my problem.

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down, your client’s not here.

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I need to bring a jury

MR. CAPASSO:

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Judge, I need to make sure the Court, as an

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officer of the court, knows the actual facts of being

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misled.

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for the last seven years.

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You have been misled by the District Attorney

THE COURT:
It was the last time, by anyone.
MR. CAPASSO:
Great.

Well, Judge, when you hear my

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statement after I finish, then you can give me

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instructions on what you want me to do.

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Number one,

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I've spoken to my client several times over the last

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twelve hours.

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Court’s orders.

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order ever.

My client is very available for the

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THE COURT:

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Okay.

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MR. CAPASSO:

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He is not going to disobey this Court’s

He’s not going to disobey my order.

What

he's not going to be doing is being threatened by this

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man ever again, and on Wednesday or Tuesday, and I'm not

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sure he can check his phone, I texted Mr. Napoli.

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said, “Mr. Napoli, why don't you just let me speak to

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him and you can communicate through me.”

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needs to be, I served him a subpoena for Monday the 24th

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at 8:30.

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the case?

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and then I said to my client, you have to go to work

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just come in on Monday, get a subpoena --

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And

He says he

I said what’s the section of court?

What’s

He sends me that after a couple more text,

THE COURT:
He didn't come in.
MR. CAPASSO:
At 9 o'clock and be here.
THE COURT:
That’s the concern.
MR. CAPASSO:
Okay, I was out of town.

I didn't know any

of that, and then when he -THE COURT:
You did know it.

You just repeated it to me.

MR. CAPASSO:
No, I told him that I didn't know if it was a
DA subpoena, I didn't know if it was a Court subpoena.

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THE COURT:

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The point is he didn't listen to anybody
apparently, and didn't come in for whatever reasons.
MR. CAPASSO:

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Now, are you saying that this Court issued

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him a subpoena?

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THE COURT:

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This Court?

I don’t know.

Court’s don’t issue, the Clerk

of Court -- all right.
MR. CAPASSO:

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See I don’t think this Court -- this whole

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issue of the DA subpoena as opposed to the Court

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subpoena.

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subpoena from this Court.

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available to cooperate with you.

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I’m not sure my client ever got a court

THE COURT:
Here’s what I want.
MR. CAPASSO:

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Yeah.

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THE COURT:

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I want you to bring him in immediately.
MR. CAPASSO:

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Okay.

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THE COURT:

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We’re going to give him a subpoena for the
next court date.
MR. CAPASSO:

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Okay.

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THE COURT:

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But my client is very

Because based on his not appearing, the State
severed the counts, so I get to try this case twice.
MR. CAPASSO:

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Okay.

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THE COURT:

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Half of the case will be tried after we were
here until about 9 o’clock last night picking a jury.

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MR. CAPASSO:

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Right.

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THE COURT:

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So, now whatever we’re talking about because
he didn’t show up, they didn’t think they had him so

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they severed it out.

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So, get him here, let’s pick a date for him to come in

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for trial.

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So, now I have to try it again.

Pick a date now.

MR. CAPASSO:

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My client, my client is very concerned about

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number one, his safety.

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all about him going to Orleans Parish Jail.

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most important thing that, he cannot be in that jail.

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I don’t want anymore talk at
That is the

THE COURT:

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Let me tell you.

If he shows up and gets a

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subpoena, then I will not issue a material witness bond

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today.

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or whatever time today, then I’m going to issue a

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warrant.

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If he’s not here before 1 o’clock or 2 o’clock

MR. CAPASSO:

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I will get him here, and he will get a
subpoena.

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THE COURT:

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And he will sit in jail until the next trial
date.
MR. CAPASSO:
But you should also know that if God forbid
that that happens, or in any situations like this, there

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are other jails that he can be placed in.
THE COURT:

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I understand that, and I would be very
conscious of that.
MR. CAPASSO:

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Okay.

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THE COURT:

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I don’t like to put victims in jail because
they don’t come.

When I’m pushing to get to a trial and

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everybody’s here, and I have a hundred and fifty

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potential jurors sitting here, and they’ve got to go

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forward, they had to make a decision.

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MR. CAPASSO:

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Right.
THE COURT:

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And I actually didn’t realize he was the one

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that was severed out.

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MR. NAPOLI:

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Yes.
THE COURT:

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That’s fine.
forward.

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MR. NAPOLI:

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Right.

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MR. CAPASSO:

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We’re going to keep moving

And this doesn’t have to be on the Record at
all -THE COURT:
But you are.
MR. CAPASSO:
I’m just stating that in the future for these
kinds of cases whether it’s the St. Charles Avenue

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victim, or whether it’s a Hollygrove victim, is that

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there are ways to meet with the family, meet with the

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victim’s family and ask them what they think.

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wasn’t done in this case at all.

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MR. NAPOLI:

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I met with them numerous times.
THE COURT:

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And this

Can I just tell you I’ve been informed -- Oh,
no, no, no, stop.

The problem we’re having right now is

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there are so many deaths in this case from all different

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aspects of problems in our community that people are

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either afraid to either come because of their own fear

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of, I don’t know, the State.

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Maybe the Court.

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to Court.

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and they have suffered quite a bit of additional death

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in their family.

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trouble getting here.

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I know that.
MR. CAPASSO:
He also is on parole.

There are other ways

that this could be done.
THE COURT:
If I would have known that, I would have
brought him in.
MR. CAPASSO:

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My client

THE COURT:

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So, even the live people were having

is one of the victim’s family.

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So, in this case the victim’s family is here,

My client is the victim’s family.

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I don’t know, but they are not coming

MR. CAPASSO:

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Maybe the defendant?

But what I’m saying is to threaten the parole
officer.

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MR. NAPOLI:

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Threaten the parole officer?

I don’t know

what he’s talking about at all.
MR. CAPASSO:

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To threaten to put him in jail for parole

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violations.

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earlier in terms of he’s cooperating on parole.

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doing great.

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He’s

THE COURT:

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All these things could have been avoided

Let me just tell you.
himself.

He brought all this on

Get him here by 1:30, okay?

MR. CAPASSO:
Judge, I’m going to go make a call and tell
him to be here immediately.
THE COURT:
Thank you.

I’ll give him a subpoena.

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Lawyers, check a date for when he comes in.

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bring the jury down?

Can we

Are the doctors out yet?

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CERTIFICATE

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This certificate is valid only for a transcript

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accompanied by my original signature and original

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required seal on this page.

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I, MARLENE C. RODRIGUEZ, Official Court Reporter in

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and for the State of Louisiana, employed as an official

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court reporter by the Criminal District Court, Orleans

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Parish, for the State of Louisiana, as the officer

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before whom this testimony was taken, do hereby certify

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that this testimony was reported by me in the stenotype

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reporting method, was prepared and transcribed by me or

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under my direction and supervision, and is a true and

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correct transcript to the best of my ability and

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understanding;

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The transcript has been prepared in compliance with

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transcript format guidelines required by statute or by

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rules of the board or the Supreme Court of Louisiana.

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I am not related to counsel or to the parties herein nor

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am I otherwise interested in the outcome of this matter.

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__________________________

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MARLENE C. RODRIGUEZ

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Official Court Reporter

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Criminal District Court

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Section "A"

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