Free Speech in Louisiana?

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March 13, 2008 12:16 PM

Member Since:
February 12, 2008

I'm a published photojournalist working for the most part on environmental issues in Louisiana and Arkansas. My most recent victory was against the city of ElDorado Arkansas which had proposed a 36 inch pipeline that would dump waste from the city and three "private industries" at a rate of 20 million gallons of effluent per day into the Ouachita River just north of the Louisiana state line. Due to the many articles I had published this project was stopped and the Ouachita River has been spared from a certain destructive cycle that would have caused many of the towns that the river meanders through serious concerns downriver of the projects proposed entry point.

Late 2006 I was approached by a current LEO in my area that reveled to me documents that were very disturbing concerning our local Sheriff and a Narcotics Agent. After looking the material over I wanted to do some fact checking to confirm that these papers were legitimate.During the course of my investigation I found even more damning evidence that directly involved the Metro Narcotics Unit and proved that the officer’s papers were very valid.

I set out to compile a story to shop to a publisher and continued to dig. What I found was that the good old boy network in the Ouachita Parish Sheriff's Office was alive and well!There were eventually three LEO's fired over this, and another who resigned after the six page handwritten confession of the Narcotics officer found it's way to the internet. The LEO's had brought the situation to our local media and they were so deep in the Sheriff's pocket that they would not report the facts concerning this. They opted to take up sides with the Sheriff and did a real smear campaign on the officers who shined the spotlight on this.

Being a freelance I had no backing from any media outlet and was doing this because I believed the LEO's and they had stellar records as being honest hard working officers - which was a very refreshing in this area.

I left my home one afternoon and within a mile was pulled by a marked patrol car. When the officer came to the window he ask for my DL and vehicle paperwork. While I was retrieving this information I asked him politely what his probable cause for the stop was. He was alone but replied "we have reason to believe your DL is expired" an odd statement I thought, but I complied with the officers request. He then walked to his patrol car and opened the trunk and retrieved something out of it I could not tell what it was as I was viewing this in the rear view mirror.Within a minute of the stop two unmarked units arrived and one undercover officer ask me if I was a certain poster on a website forum - I would not offer any answers.

He then made me follow him to a location in front of the other unmarked unit and advised me at that time I was under arrest. I immediately questioned what charge he was holding me on and requested a lawyer. He then mirandized me and explained they only wanted to talk to me. I explained to him that generally the talking came before an arrest and that I wanted a lawyer.I was told that I would be taken to the Narcotics Office to be questioned. My paperwork remained with the officer that made the stop and he parted ways. I was not frisked or cuffed and was told to get in the vehicle; I complied as I was under arrest and knew any action in opposition would result in charges of some kind and maybe even a physical altercation.

There was a 10-15 code aired over the radio to dispatch which means a prisoner in custody. Yet they maintain I was never arrested! If I was not arrested then I was kidnapped!I was held for over two hours and not one question was asked concerning any illegal activity or drugs. They wanted to know who was using certain screen names and where I was getting my information from. We have very strict Shield Laws in Louisiana so the questioning was a direct conflict with the law, both Federal and State. I played their game and after two hours I was released and made them believe I would assist them to gain my freedom. After I was taken to my home I realized they were still in possession of my paperwork - so by law from the time they took my paperwork (within one minute of my stop) I was never free to walk away - therefore under arrest and complete control of the officers.

I now have a Federal Civil Rights case and during discovery have found they went to my landlord and informed him I was under investigation for meth. They ask him to draw a diagram of the floor plan to my house and if he had ever seen any drugs or had any information that would suggest I was doing or selling drugs. He told them the only drugs he had ever seen in my home was prescription medication that was prescribed due to a recent major surgery I had.I filed a formal criminal complaint with the FBI, the DOJ, Louisiana State Police and Louisiana AG office. The Louisiana State police would not investigate - the DOJ sent a form letter 9 months later declining an investigation - the Louisiana AG Office referred me to the FBI.The FBI never contacted me after the initial complaint was filed. I recently found that they claim they did an in depth investigation and found many improprieties but nothing that rose to the level of Federal Criminal charges. I have documents that prove the officers lied to the FBI which is a Federal crime (ask Martha Stewart) and they refuse to do anything in the matter.

Does anyone know who I may contact to investigate this? I have about tapped out my ideas. I have a trial date and do not intend to settle this out of court or with any non disclosure agreement. My other question is - if the federal judge determines there were criminal acts can these officers be bound by the court to answer criminal charges?

Free Speech in Louisiana?

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