Court Finalizes Consent Decree to Transform the New Orleans Police Department

Today, U.S. District Court for the Eastern District of Louisiana entered an order granting the joint motion of the United States and the city of New Orleans to enter the consent decree regarding the New Orleans Police Department (NOPD).   This order is a critical milestone in reforming the long-troubled NOPD and is an important step in dealing with the public safety crisis in New Orleans and in restoring community confidence in the New Orleans criminal justice system.   The court’s order ensures critical changes to policy and practices, oversight by a federal monitor and transparency so that the community can continue to participate in and track the reform process.   The order finalizes this binding agreement that was extensively negotiated between the department and the city, and allows for that agreement’s immediate implementation. The department and the city signed the agreement in July 2012.    

 

“The Department of Justice appreciates the court’s careful attention to this matter,” said Thomas E. Perez, Assistant Attorney General for Civil Rights.   “The court’s action today ensures that the people of New Orleans will have a police department that respects the Constitution, ensures public safety and earns the confidence of the community.   This decree will provide the city with important tools to reduce crime, ensure effective, constitutional policing and restore public confidence in NOPD.”

 

As outlined in the court’s order, approval of the consent decree comes after thorough review of the consent decree to determine if it is fair, reasonable and adequate to address the long-standing constitutional deficiencies within NOPD.   The review included hearing extensive testimony from the United States, the city, the Office of the Independent Police Monitor, the Fraternal Order of Police and the Police Association of New Orleans and many other New Orleans stakeholders and residents.   The testimony reaffirmed both that NOPD engages in unconstitutional conduct, and that there is a public safety crisis in New Orleans that the NOPD can only address by implementing the reforms required by the decree.    

 

 The court’s approval of the consent decree comes at a time of continuing and serious public safety challenges in New Orleans.  

 

“The deficiencies within NOPD that the Department of Justice identified during its extensive investigation continue to plague New Orleans,” said Assistant Attorney General Perez. “Time is of the essence.   We look forward to the immediate implementation of the agreement, and stand ready to work with all stakeholders in New Orleans to continue the reform process.”

 

The department opened an investigation into NOPD in May 2010 after Mayor Landrieu asked for the department’s help with a complete transformation of NOPD. After a thorough investigation of NOPD’s policies and practices the department issued a letter of findings in March 2011 that outlined a pattern of unconstitutional conduct and violations of federal law that stemmed from entrenched practices within NOPD. These constitutional violations include use of excessive force; unconstitutional stops, searches and arrests, and; discriminatory and biased policing based on gender, race, national origin and sexual orientation.

 

“In his first days in office, Mayor Landrieu called for a comprehensive federal civil rights investigation of NOPD, and said that ‘nothing short of the complete transformation is necessary and essential to ensure safety for the citizens of New Orleans.’ This consent decree provides the roadmap for the complete transformation of NOPD,” said Assistant Attorney General Perez.

 

Houston Man Sentenced for Weapons Violation

NEW ORLEANS, LOUISIANA – KENTRELL WASHINGTON, age 29, a resident of Houston, was sentenced yesterday in federal court by U. S. District Judge Sarah S. Vance to over six years (77 months) in prison for illegally possessing a firearm in New Orleans, announced U. S. Attorney Jim Letten. In addition to the term of imprisonment, Judge Vance ordered that WASHINGTON be placed on 3 years of supervised release following the term of imprisonment, during which time the defendant will be under federal supervision and risks an additional term of imprisonment should he violate any terms of his supervised release.

According to court documents on February 24, 2010, WASHINGTON pled guilty admitting that he was in possession of a loaded 9mm Beretta semi-automatic pistol near the corner of Phillip St. and Claiborne Ave. in New Orleans.

According to the factual basis, on June 16, 2009, NOPD detectives were on patrol when they observed a white Ford truck speeding on Phillip St. in New Orleans. The detectives pulled the truck over on Claiborne Ave. The detectives noticed that the three occupants were moving around erratically inside the truck. The detectives had each of the occupants step out of the truck and, as they stepped out, detectives noticed, in plain view, a plastic bag on the back passenger seat containing what appeared to be marijuana. After the marijuana was retrieved, detectives also noticed the barrel of a gun protruding from underneath the driver's seat on the backseat floorboard. As detectives retrieved the gun, a loaded 9 mm Beretta semi-automatic pistol, WASHINGTON, who had been the sole passenger in the back seat area, stated to the officers "That gun and weed is mine." WASHINGTON was then arrested. WASHINGTON had been convicted in June 2006 for the manufacture/delivery of a controlled dangerous substance in Houston, Texas and as a convicted felon, WASHINGTON was precluded from legally possessing any firearms.

The case was investigated by the New Orleans Police Department along with agents from the Federal ATF. The case was prosecuted by Assistant United States Attorney Rick Veters.

Former Covington Bank CEO Charged with Bank Fraud and False Statements

NEW ORLEANS,—Richard S. Blossman, Jr., age 52, a resident of Covington, Louisiana, was charged today in a one-count bill of information alleging one count of bank fraud and one count of false statements, announced U.S. Attorney Jim Letten.

According to the bill of information, Blossman was the chief executive officer (CEO) of Central Progressive Bank, headquartered in Lacombe, Louisiana in St. Tammany Parish. In December of 2011 Central Progressive Bank (CPB) failed and was taken over by the Federal Deposit Insurance Corporation (FDIC). The assets of Central Progressive Bank were then sold to FNBC Bank.

Count one of the bill of information alleges that Blossman caused Central Progressive Bank to purchase a yacht valued at $200,000 from a distressed property website. Blossman then, through a surrogate, formed a strawman company to purchase the vessel from a subsidiary of Central Progressive Bank for less than $30,000. The strawman company was formed to hide Blossman’s ownership of the yacht. Blossman then subsequently sold the boat for approximately $130,000 in 2005. The bill of information further alleges that Blossman instructed a branch of Central Progressive Bank to cash the $130,000 check and to give the cash to his designee. Blossman ultimately received some of the cash.

Count two of the bill of information alleges that in March of 2007, Blossman, as CEO of Central Progressive Bank, issued a $5,000 bonus to 11 of the members of the board of directors of Central Progressive Bank. Although the bank minutes reflected that the bonus was for the directors’ continued support and hard work for the bank, the $5,000 per director bonus was really an illegal campaign contribution. The next calender day, the bank deposited $5,000 into the 11 directors’ accounts but had each account subsequently debited for $5,000 and a $5,000 bank check in the name of each individual director was sent to a campaign for a total of $55,000 from CPB.

Blossman faces a maximum term of 30 years’ incarceration on each count, a maximum fine of $1,000,000, and a maximum of five years of supervised release.

United States Attorney Letten reiterates that bill of information is merely a charge and that the guilt of the defendant must be proven beyond a reasonable doubt.

The case was investigated by the Federal Deposit Insurance Corporation Office of Inspector General and the Federal Bureau of Investigation and was prosecuted by Assistant U.S. Attorney Carter K. D. Guice, Jr.

Drug Offender Pleads Guilty in Federal Court

NEW ORLEANS—Steve A. White, age 35, a resident of New Orleans, Louisiana, pleaded guilty today in federal court to conspiring to distribute and possession with the intent to distribute 100 grams or more of heroin, announced U.S. Attorney Jim Letten.

White pleaded guilty before U.S. District Judge Lance M. Africk to the offense. The defendant entered into a plea agreement, of which Judge Africk deferred his decision to accept. Should Judge Aftick accept the agreement, White will receive a sentence of between 262 and 300 months’ imprisonment.

According to court documents, the New Orleans Gang Task Force, made up of law enforcement agencies and headed up by the Federal Bureau of Investigation, had been investigating the trafficking of heroin in the New Orleans area. Agents identified White and co-conspirator Jerome Tumblin as suspects. After using a confidential informant to make three purchases of heroin from Tumblin, who obtained the heroin originally from White, agents conducted surveillance of White near his residence at 4926 Arts Street. With knowledge that White was about to distribute more heroin to Tumblin, on September 27, 2011, agents stopped White near his residence while he was en route to meet Tumblin. White had four ounces of heroin on him, which he intended to give to Tumblin.

In addition to pleading guilty to the conspiracy, White admitted that he had previously been convicted in Orleans Parish for possession of crack in 1994 and possession with intent to distribute crack in 2004, as well as two counts of distribution of cocaine in Jefferson Parish in 1996.

White was indicted by a federal grand jury in January 2010, along with co-defendant Tumblin. Tumblin previously pleaded guilty to the conspiracy count as well.

This case was investigated by special agents of the Federal Bureau of Investigation, along with members of the New Orleans Gang Task Force, which includes officers and deputies from the New Orleans Police Department and the Jefferson Parish Sheriff’s Office.

This case was prosecuted by Assistant United States Attorneys Kevin G. Boitmann and Harry W. McSherry.

Metairie Man Pleads Guilty to Bank Robbery

NEW ORLEANS—DAVID DUPLANTIS, age 52, a resident of Metairie, Louisiana, pleaded guilty yesterday to a one-count indictment for bank robbery before U.S. District Judge Jay C. Zainey, announced U.S. Attorney Jim Letten.

According to court documents, DUPLANTIS robbed the Whitney National Bank located in Metairie, Louisiana on November 17, 2011 of an undisclosed sum of United States currency. The deposits of the Whitney National Bank are insured by the Federal Deposit Insurance Corporation (FDIC), an agency of the federal government. DUPLANTIS was later identified by relatives as the robber based upon photos posted on www.nola.com and in other media outlets. He admitted to family members that he was the bank robber before being apprehended.

Sentencing is set for June 19, 2012 and DUPLANTIS faces a maximum term of imprisonment of 20 years, a fine of $250,000.00, and three years of supervised release following any term of imprisonment.

The case was investigated by the Federal Bureau of Investigation, the New Orleans Police Department, and the Jefferson Parish Sheriff’s Office. The prosecutor is Assistant U.S. Attorney Edward J. Rivera of the Violent Crime Unit.

FBI and NOPD Seek Public Assistance in Identifying Bank Robbers

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Today at approximately 12:00 p.m., two slim black males, each brandishing an automatic handgun, entered the Liberty Bank located at 3002 Gentilly Blvd. in New Orleans, Louisiana, demanding money from the bank tellers. Both suspects were wearing all black clothing. One of the suspects was described as approximately 5’8” tall and the other one was about 6’0” tall.

They got away with an undisclosed amount of money and were seen fleeing the parking lot in a tan or beige four-door compact car last seen on Milton Street heading toward Elysian Fields Avenue. Bank surveillance images of the vehicle are below.

Anyone with information about this bank robbery is asked to call the FBI at 504-816-3000. The Metropolitan Orleans Bank Security Association (MOBSA) is offering a reward of up to $5,000. for information leading to the arrest and indictment of these bank robbers.

The public is asked to visit the website www.bandittrackerneworleans.com featuring color photos and descriptions of bank robbers and fugitives throughout the FBI’s New Orleans Division to see if they can assist the FBI in identifying and/or locating the captioned wanted individuals.

Public’s Assistance Sought in Identifying a Trio of Bank Robbers

The FBI and NOPD are releasing additional images in hopes that the public will be able to assist in solving a recent bank robbery. On Wednesday, July 6, 2011 at approximately 11:05 a.m. the Capital One Bank located at 6307 Elysian Fields Avenue, New Orleans, Louisiana was robbed. Three black males in their mid to late 20’s, at least two brazenly brandishing weapons, entered the bank demanding money and fled with an undisclosed amount. The bank surveillance images of the robbers are pasted below.

Robber #1 was described as approximately 5'5”, with a dark complexion, medium build, short hair, and displayed a black pistol. He was wearing a black baseball cap which possibly had an orange logo, a black T-shirt, and a large watch.

Robber #2 was described as 6’-6’1”, with a medium complexion, slim build, about 170-180 pounds, wearing a light colored camouflage baseball cap, a black button-up shirt, and carrying a black pistol. Pasted below is a different image of robber #2 than was previously released.

Robber #3 was described as 6’3”-6’4”, wearing gloves, a white T-shirt, and a black baseball cap.

The robbers were seen fleeing the area in what is believed to be a light colored, possibly grey, 2010-2011 Ford Fusion. An image of this type of vehicle is pasted below.

Anyone with information about this bank robbery is asked to call the FBI at 504-816-3000. The Metropolitan Orleans Bank Security Association (MOBSA) is offering a reward of up to $5,000 for information leading to the arrest and indictment of these bank robbers.

The public is asked to visit the website www.bandittrackerneworleans.com, featuring color photos and descriptions of these bank robbers along with others and fugitives throughout the FBI’s New Orleans Division to see if they can assist the FBI in identifying and/or locating the captioned wanted individuals.

The New Orleans Police Department and Gender-Biased Policing

By Tracy Russo

Last week, the Civil Rights Division released the findings of its comprehensive investigation of the New Orleans Police Department (PDF).  The findings revealed a pattern or practice of unconstitutional conduct or violations of federal law in several areas, including unconstitutional stops, searches and arrests; use of excessive force; discriminatory policing; and others.

Notably, the investigation marked the first time that the Justice Department found reasonable cause to believe that a police department had engaged in a pattern or practice of gender-biased policing.  Department investigators and attorneys found a systemic failure to investigate sexual assaults and domestic violence.  As the report’s executive summary noted, “[NOPD’s] culture tolerates and encourages…under-investigation of violence against women>”

The executive summary (PDF) describes these findings further:

We find that NOPD has systematically misclassified large numbers of possible sexual assaults, resulting in a sweeping failure to properly investigate many potential cases of rape, attempted rape, and other sex crimes. Additionally, we find that in situations where the Department pursues sexual assault complaints, the investigations are seriously deficient, marked by poor victim interviewing skills, missing or inadequate documentation, and minimal efforts to contact witnesses or interrogate suspects. The documentation we reviewed was replete with stereotypical assumptions and judgments about sex crimes and victims of sex crimes, including misguided commentary about the victims’ perceived credibility, sexual history, or delay in contacting the police. NOPD has recently acknowledged its serious deficits in responding to sex crimes, and has taken some significant remedial steps. NOPD and the City will need to build on these efforts to bring about the extensive and sustained change necessary to effectively and appropriately respond to these serious violent crimes.

We also find systemic deficiencies in NOPD’s handling of domestic violence cases. In recent years, the New Orleans Family Justice Center (“NOFJC”), a federally funded center designed to provide comprehensive services to victims of domestic violence by integrating law enforcement, prosecution, civil legal services, and advocacy in one location, has had a salutary effect on NOPD’s handling of domestic violence complaints. Nonetheless, we find significant weaknesses in Department policies and practices in responding to these cases.

Selectively denying the critical protective services of a police department to certain groups, including women, is a violation of federal law, and will not be tolerated.  The Justice Department is now working with the city officials, NOPD and the New Orleans community at large to create a comprehensive blueprint for reform. The ultimate goal is an effective, accountable police department that reduces crime, ensures respect for the Constitution, and earns the trust of the public it is charged with protecting.  This will include ensuring that women receive the protection they deserve from their police department.