Professional Documents
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Heebe V Perricone
Heebe V Perricone
* * * * * * * * * * ***************
NOTICE OF REMOVAL
the above caption, hereby files this notice of removal of the above-described action to the United
States District Court for the Eastern District of Louisiana from the Civil District Court for the
Parish of Orleans where the action is now pending as provided by Title 28 U.S. Code Chapter 89
and states:
1.
The above entitled action was commenced in the Civil District Court for the Parish of
Orleans, State of Louisiana, and is now pending in that court. Process was served on Perricone
pursuant to the original petition. Plaintiff’s petition involves issues of federal law.
2.
This action was commenced against defendant in Civil District Court for the Parish of
Orleans by plaintiff, and is of a civil nature alleging defamatory statements made against plaintiff
by defendant, who, at the time the action was filed in state court, was an Assistant United States
Case 2:12-cv-00922-SSV-ALC Document 1 Filed 04/10/12 Page 2 of 3
Attorney. The United States District Court for the Eastern District has jurisdiction by reason of
28 U.S.C.A. §1331 and §1442(a)(1) in that the action is against an Assistant United States
3.
Defendant further alleges that the petition, the basis for removal, was served less than
thirty (30) days before the filing of this notice of removal, and that the time has not elapsed
within which he is allowed to file this notice of removal of action to this court pursuant to 28
U.S.C.A. §1446.
4.
A copy of all process, pleadings, and orders served upon defendant is filed with this
notice.
5.
Defendant will give written notice of the filing of this notice as required by 28 U.S.C.A. §
1446(d).
6.
A copy of this notice will be filed with the clerk of the Civil District Court of the Parish
WHEREFORE, defendant requests that this action proceed in this honorable court as an
Respectfully submitted,
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing pleading has been served upon all counsel of record
to this proceeding by ECF, facsimile, or mailing the same by first class United States mail,
(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE
LAND INVOLVED.
(c) Attorney’s (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Kyle D. Schonekas - Schonekas, Evans, McGoey & McEachin E. John Litchfield - Berrigan, Litchfield, Schonekas, Mann & Traina
909 Poydras, Suite 1600, New Orleans, LA 70112 201 St. Charles Ave, Suite 4202 New Orleans, LA 70170
504-680-6050 504-568-0541
II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant)
’ 1 U.S. Government ’ 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State ’ 1 ’ 1 Incorporated or Principal Place ’ 4 ’ 4
of Business In This State
’ 2 U.S. Government ’ 4 Diversity Citizen of Another State ’ 2 ’ 2 Incorporated and Principal Place ’ 5 ’ 5
Defendant of Business In Another State
(Indicate Citizenship of Parties in Item III)
Citizen or Subject of a ’ 3 ’ 3 Foreign Nation ’ 6 ’ 6
Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
’ 110 Insurance PERSONAL INJURY PERSONAL INJURY ’ 610 Agriculture ’ 422 Appeal 28 USC 158 ’ 400 State Reapportionment
’ 120 Marine ’ 310 Airplane ’ 362 Personal Injury - ’ 620 Other Food & Drug ’ 423 Withdrawal ’ 410 Antitrust
’ 130 Miller Act ’ 315 Airplane Product Med. Malpractice ’ 625 Drug Related Seizure 28 USC 157 ’ 430 Banks and Banking
’ 140 Negotiable Instrument Liability ’ 365 Personal Injury - of Property 21 USC 881 ’ 450 Commerce
’ 150 Recovery of Overpayment ’ 320 Assault, Libel & Product Liability ’ 630 Liquor Laws PROPERTY RIGHTS ’ 460 Deportation
& Enforcement of Judgment Slander ’ 368 Asbestos Personal ’ 640 R.R. & Truck ’ 820 Copyrights ’ 470 Racketeer Influenced and
’ 151 Medicare Act ’ 330 Federal Employers’ Injury Product ’ 650 Airline Regs. ’ 830 Patent Corrupt Organizations
’ 152 Recovery of Defaulted Liability Liability ’ 660 Occupational ’ 840 Trademark ’ 480 Consumer Credit
Student Loans ’ 340 Marine PERSONAL PROPERTY Safety/Health ’ 490 Cable/Sat TV
(Excl. Veterans) ’ 345 Marine Product ’ 370 Other Fraud ’ 690 Other ’ 810 Selective Service
’ 153 Recovery of Overpayment Liability ’ 371 Truth in Lending LABOR SOCIAL SECURITY ’ 850 Securities/Commodities/
of Veteran’s Benefits ’ 350 Motor Vehicle ’ 380 Other Personal ’ 710 Fair Labor Standards ’ 861 HIA (1395ff) Exchange
’ 160 Stockholders’ Suits ’ 355 Motor Vehicle Property Damage Act ’ 862 Black Lung (923) ’ 875 Customer Challenge
’ 190 Other Contract Product Liability ’ 385 Property Damage ’ 720 Labor/Mgmt. Relations ’ 863 DIWC/DIWW (405(g)) 12 USC 3410
’ 195 Contract Product Liability ’ 360 Other Personal Product Liability ’ 730 Labor/Mgmt.Reporting ’ 864 SSID Title XVI ’ 890 Other Statutory Actions
’ 196 Franchise Injury & Disclosure Act ’ 865 RSI (405(g)) ’ 891 Agricultural Acts
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS ’ 740 Railway Labor Act FEDERAL TAX SUITS ’ 892 Economic Stabilization Act
’ 210 Land Condemnation ’ 441 Voting ’ 510 Motions to Vacate ’ 790 Other Labor Litigation ’ 870 Taxes (U.S. Plaintiff ’ 893 Environmental Matters
’ 220 Foreclosure ’ 442 Employment Sentence ’ 791 Empl. Ret. Inc. or Defendant) ’ 894 Energy Allocation Act
’ 230 Rent Lease & Ejectment ’ 443 Housing/ Habeas Corpus: Security Act ’ 871 IRS—Third Party ’ 895 Freedom of Information
’ 240 Torts to Land Accommodations ’ 530 General 26 USC 7609 Act
’ 245 Tort Product Liability ’ 444 Welfare ’ 535 Death Penalty IMMIGRATION ’ 900Appeal of Fee Determination
’ 290 All Other Real Property ’ 445 Amer. w/Disabilities - ’ 540 Mandamus & Other ’ 462 Naturalization Application Under Equal Access
Employment ’ 550 Civil Rights ’ 463 Habeas Corpus - to Justice
’ 446 Amer. w/Disabilities - ’ 555 Prison Condition Alien Detainee ’ 950 Constitutionality of
Other ’ 465 Other Immigration State Statutes
’ 440 Other Civil Rights Actions
z
m
Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 2 of 55
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Criminal Court: An editorial
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other Tigers implicated in early-morning
costed on LSU quarterback Jordan Jefferson,
Aucus t 19 2011, 1:LPM
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presidenilel elpctIon “ 2
Rep. Steve Scaliso likes the GOP’s chances in 2012
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 7 of 55
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2011, 248PM
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 11 of 55
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 13 of 55
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 15 of 55
Portal m Reader comment: New Orleans needs a larger City Council r A gnat 30, 2211 11:z AM
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 18 of 55
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 20 of 55
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 25 of 55
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Posted on A decade later, we are better prepared: A guest column by Robin Barnes on September
11, 2011, 9:15AM
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Pos’sd or Long-stalled restoration of New Orleans jazz landmark stalls again or Serteme- 11,
2’1I, 2 262M
Massive war oh at clears the way for 4ev Bobby Jirdal’ S0’phan e 4
to ss :-.--
Pc td or Democrats rock star Caroline Fayard, ebo this one out on Septembw- 11 2011 12 1P
Posted on Bill Jefferson still in limbo: James Gill on September 11, 2211, 1:11PM
YotCre not mmotey qu ed to lectoe me n5 uc ohps:st---yoe ml’ noP your FamJy tree.
Posted m Bill Jefferson still in limbo: James Gill or Seot,orber 11, 2011, 2’47PM
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super1ntecoen w drrecty rop to 1:5 own devices, the NO°
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police mon itor wI enfo 2oye ors,
apeonted rre over the past
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°osted on Federal consent 12. 2011, 9 55P4
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P ted cn A senator shouldn’t skip out on work: Stephanie Grace on ptamber 13 2U11, 11 I9PM
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 32 of 55
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Ported on Convicted murderer in Tulane law school welcomes scrutrny Srote brr 16, 2011,
L:SjPM
“Rwlly took up ja house awyar ng. He emerged from pncon wanting to use He uw to improve tfe
cnm nal iust cc system and to curb nv sib’e pnsoner abuses, the stuff no oe sees,” like beati”qs,
unwarranted prot effy cor1scatons, the Excess •je use of stun belts.
:t apoears I-at you, Mr. Rely have acn eded your aoa s, for you nave used tte law to momve
wnatever aouse was nfhcted upon you. Now, if you can only do something about your poor viol
that would be nice, Beatingr Jnwarrmted propetay conliscat or’s? Stun Be ts? It abundant y c ear
that you have fairad better than sour v ohm Jushce is aboat balance, sn’t it?
15, 2211,
Posted on Convicted murderer in Tulane law school welcomes scrutiny on September
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Posted on Medal of Honor is the better Page 1 story: A letter to the editor on September 23, 2011, From Our Advertisers
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I love your th nkng Briarll But I beqr’” og to believe that Tulane sought this story because
a e’otionelly invested in tlat over--ated ins0Lon. Great letter
Posted on Medal of Honor is the better Page 1 story: A letter to the editor on Septembe 23, 0011,
7:51AM
P’ tee on Biomedical economy in New Orleans gets big boost c” ‘ncpter err 23. 201 S
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 39 of 55
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Ill-mannered jurist should judge not: James
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’s confirmation for federal judgeship on Ojcoer
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7:19AM
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MOOD, Ohs Consent Decree can arrive Tho soon
neeterate cc lure of coimpt:on at The Pnning ton’s friend would be the Federal dC ge to
ironies -Iron ies thar
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oversee the failures of the NOPD and by
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r 2011,
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member of the oar to be a judge at
al on October 23.
were living large on taxpayers: An editori
°osted on New Orleans criminal judges
2011, 9:43AM
aily be a tsCow ‘C
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living large on taxpayers: An editorial
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 44 of 55
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plead guilty
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1051. he seccr a ether rra ‘rand Faceral rogrern f-aud, Thc have NO d’scret or n is
prosecute- where° State
ncaoer -it must be efemd L eUee, now. CadweH aii only have to
sckenng.
cout, among other atate ooges. Un.s snoua e’O ano end NOW. tbs om’cg sho- c”
‘ sted on Orleans Parish Oistnct Attorney Leon Cannizzaro presents
case for removing criminal
court judges on ‘lltoOer 27, 2011, ,0:27PM
squandered y’ a bona
Agree. Louisiana just took one big step backwards. Thanks jindal yoi ust
tdes as a reform ocvernor. Remember, you are judge by the comcany you keep.
Couple
Costed cC On Politics: Louisiana governor Bobby Jindal and Sen. John Alarm, the new Odd
on October 27, 2011, 10:31PM
in Old
Jefferson Parish prepares changes on rules for development and cutting trees
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s a flood plane whcb lies betwee n a
your vicnag e vaunt their neighb omood s as being cuoenOr to others. o you gew no in your available
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‘osted on Jefferson Parish prepares changes
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Posted or’ Senate confirms Stephen Higginson for seat on 5th Circuit
October 31, 2013, 11:32PM
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deal,’ or get paid for do no -nosu hog work ‘or his own company, Garner Servces’
ft aopears that ondon just adm tted his cci t .s guilty o’ cospirscy Some awyers Just con’t wten
to shut up
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Posted on Additional federal charges added to River airch landfill executives case on Noember
04,
2011 942PM
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Lcnon doesn’t know wrat day S is. .55K archie Kah’an. Yo,. must cc w1t’ toe
Posted on Additional federal charges added to River Birch landfill executive’s case on Novernper 05,
2011, 8’23AM
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 52 of 55
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‘knera ‘a the Consent Dccree
2
2011, 351PM
0
osted on Mayor announces new crime-fighting program en Noveotber 22,
You can’t
Whie Sheen heroes are makhq prom sea, wnere s he Consent Decree hey prom:sed?
Fy. I f:nanoa y support MPch, but I bemnr ng
have reform wAh out the ]ust cc Department :n th a c
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Case 2:12-cv-00922-SSV-ALC Document 1-3 Filed 04/10/12 Page 54 of 55
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November 29, 2011, 7’ObAM
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Posted or Aaron Broussard, ex-wife, lawyer indicted on payroll fraud charges on December 02,
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Or y a complete d’ot wouic allow hmselt to be pe’suade to oc anythna r’y a othe- diot named
cp B-oussa”d, 4r”N0 vi”” san’d ff c” ‘a: com-act s”_id rena
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Posted 0” Jefferson Parish makes a solid argument on the landfill: An editorial or Decem Dec °3,
2’Il, 1014AM
Aaron Broussard s marriage, enhanced pay for wife, figure into indictment
Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 3 of 51
u a” str
Aaron Brouccard s marnage, enhanced pay for wfe, figure into indictment
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Ha ogoonect was boA r Vb Edwards, 19°1) How do ttat happen You get toe goeorrwnt ou
leserve. Eseryne wh’ voted tat year sbou d tang their heads r
5 Ia. Aol ren ember tow: b
we-it tc re em pr S n. NC one s abso ved ‘mom that ‘ol y. No onw
Po Ld r Even in Austha, David Duke is embarrassing: James Gill to L,cemro r 04, 2011, 10.OOAM
“Barnes, whom former Super ntendert Warren A ley once ca ed one of the NOPD’s best I om ode
detectives, said in her deposibon that detectives do not my ew autopsies for their ‘eports on police
shooti gs because they were used only in court proceed ngs.”
A coupe of points: Remember, this s a Riley assessrnei t. And any o’fhe who doesn’t tow
themselve to all of the facts, should be fired mrnediately. The or y voice victrns of horn ode have
are tne cops. This s sick.
Posted oo Circumstances of death outside Convention Center after Hurricane Katrina are focus of
trial on December 04, 2011, 1013AM
c 1) mally hal eve anybody read t is stosed? Ke s sort -nd pitt y eeze
Pu ted or Even in Austria, David Duke is embarrassing: James Gill or Aece’rO r 04 11 1 32AM
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‘ William Jefferson appeals will be arcued 2 years after corruption trial conviction
ret\ w ra S nt r: r 1, ry d5
Oos’ed or William Jeffersons split personality defense Stephanie Grace cc eer 11 20:1
1041Ar1
Posted on Al Copeland-Robert Guidry fight led to curious FBI memo on De:smoe- 11, 2011, 1052AM
He can accomni sb that ny un invit ng EWE, What a message to send’ Idiots We keen e act ng
idiots.
Posted on All Bobby Jindal’s predecessors invited to inauguration on Cecsmbe- 3, 2011, 500AM
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Posted on River Birch landfill voids its 5160 million Jefferson Parish contract on Decemoer 15, 2011,
7 44PM Advertise With Us e
Agree, but ne flow seems chastened be th’s Cevelopment. He owes tne reds a debt of gratcude, but
alas, ne’s a politic an and will ca rn al the c-eoit. Next you w P near from that puerile little twerp,
Chns R berts- I bet he will fIght Young for the lime gut, Success has many lathers, but failu’e is
an ophan.
rOstrd or River Birch landfill voids its 5160 million Jefferson Parish contract c” ecemoe- 15, 20:1,
ce_er-_ -,a,’o
R vei Birch landfill voids its $160 million Jefferson Parish contract
- Rive’ Bird” la”d’ii’ voids ‘hi 5160 ‘riIil,’.n Jefferson P,”rsh cont’,,ct
Gov Bobby 3 nda wakes carefui cadei ship choic”'s Ste*ha a c Grace
Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 6 of 51
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That says all. Dccc oc: on LSJ. V ‘-e ou’ live one of Vs 3’- sa’ev .oor a c°soa”.
°csteIi on More than half say President Obama should not be re-elected, poll shows or
16, 2911, 5-33m5
Cops shootap people in te back arc toen Ojong t’Ie occy s a nc-voer: cfense. ‘Cr hOw aboct
shoot op a mentally —ha eed mar n ‘be baca wrlh a shr’tun? Non-voer,t° V The FeOs did those
cases, not the Dist’-ict Attorney.
Posted on Federal prosecutor Theodore Carter arrested on suspicion of drunken driving on
December 16, 2011, ii l3P
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- -- 3efferon Paiish Mardi Eras parades get new marching orOers - -‘-, - -
4 a’
Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 7 of 51
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e Previous page 115 16 17 18 119 120 121 Next page > Got a VACANCY?
Tr.
Posted on Jefferson Parish Mardi Gras parades get new marching orders on Deceriber 18, 2011,
9:13AM
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I’ 9eebe had one finr g synanse, he would go speak to Letten’s posse end purge himself of this
sord 3 episode and let them go after tt e council and pubtc cfficials, Why pro ong th S
pain. .,.perbaps Queen Jennifer has something to say about that.
cs:e5 or’ Landfill owner signals he’s got problems: Stephanie Grace on Decerrber 16, 2011. 13:211”' Followers (3)
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In erodrng cwil liberDes Sarack Obama firnehos what George Bush began: )ames GHl
y, •y - F ‘‘ ‘‘1
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cste ci Ray Liuza, force for New Orleans tourism, dies at age S3 c’ Dete cm ‘S
°eope itt New Or ears are sac y moressed. ook a: oar elected officals. ihey co-idnt net elected
anywhere else, but this swamp. Lets drink.
Posted on Patricia Clrkson to reign as ‘EveryMuse’ for krewe’s parade Feb. 16 or December 29,
2911 4:00PM
Yu ar-a va-v correct M’. Man-ic. Exan:in ser/ carefully whe tn-s City has stalieG these cameras
and you wit eas y see toe: ihs at about demograph cs and the abi ty of the targeted drivers to ccv
the tmkets, You find ‘he cameras in neigoorhoods where speeding a chro tic and the dreers are
poor. It d dnt tace some pea brs red c ty off ca with a Nortcn Bomb s,gtt to find who to target For
- mendacious ‘-ap. 5:. Char es Avenue has three
Cana St’t° ; count. Canal Bout ‘var I Go
7 tTh I-st coca on and on,
count. Wisner C tv Pa’k and Ha”son
vaO ccr-mr,’em rf fh CA hut witn r-ea-:y 200 kIl-ics a yea-, cc you may ‘b k t’e dots
2 ‘‘S ‘Ci! care ac’,. : so:;— :‘crn
2
Traffic cameras are placed to fleece cibzens: Letter to the editor D’s’nL— ‘S. 19
Int”r’,tat 10 pifr&ip kept hgbway rinsed m eastern New Orleans for most t the day
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Do yoarself a favor nd take a onq inte Iectua holiday. Don’t read Dowdhm She is an dint and ‘S
actively seeknc converts.
°ostei on Maureen Dowd’s approach too negative: Letter to the editor on December 32. 2011,
7:50AM
Post d en Maureen Dowd’s approach too negative: t.etter to the editor en ece’r her 30 2 11,
2:23PM
Beefed-up omece presence wOl greet vsitors in New Orcans tsr New
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Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 16 of 51
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0-ears. But after the tourist rave ‘eft, the .:te-e ciearnd emporsrily), the steers ered, and
the lights a”d cameras are gone, NOTHING wll have crarped. It happens al the tire.
The city w:ll anrounce, towards the end of the year, that it a facing d thcile bugetary pmblems-- liKe From Our Advertisers
it has every year. So, it leaves ne wonderinp and 0000erii:o. With at these great events, where is
the money going? Who’s really getting rich? Why have these events if they Don’t benefit the city?
We must Face the sad Fact that New Orleans has NOTHING gong for it, other t an tour Sm, i heard
5 Advertise With Us e
people vaunt that over 8 mil ion people visit this sl ver of loam every year. Now analyze that. New
Or ears has about 380,000 residents. Nearly ha F pay near y no taxes annual y, but consume c ty
resources immeasurably. Now, if you aggregate the tax yield from those 8 million and extrapolate
the tax residency from that yield, I submit that New Orleans should be as wealthy a city as any city
with a population of 750,000 with all residents payng their fair share. So, where’s the mor ey? Why
are the streets lunar obsticels? Why ‘s our water system 3ust ahead of the Roman acqueducts’ Why
is tre police depa’tment the worst in the co.n’rv? Why do we nave to sh eld our public snools
behind the aeg:s of a charter sc’moi system’ There are mors o.estioris, buc I think the reader
understands that there is a d somporate amount of pcJeOy in ti s city for me tax money mce,ved
or shouid be received n the c tv.
So, while we reve n the ettent on, rersemher wren ou cues: leave, s.oireme has tc cear uc.
Posted on Sugar Bowl gives city a rush: An editorial on January 03, 2012 10:24AM
M ———.-- . .
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Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 18 of 51
nents en L 1551 crc
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New Orleans City Council poised to move ip curfew for young people in French Quarter
Nst&d co 1992: Rap and bounce music break thiough in New Orleans o’ z. crc 55, 2012 6.C1M
cOsted 00 New Orleans City Council poised to move up curfew for young people in French Quarter
on january 05, 2012, 605AM
Mid night basketbal is insu hog. Should be m:dnit mah, sc,ene, hstov, ENSSH.
Posted on New Orleans City Council poised to move up curfew for young people in French Quarter
on .laiuary 05, 2012, 6:06AM
but that could clangs... The taxnayers ay the te o keco he ncn-tax:a ers awa from our
po
c
tourSt. What a c%yh
Posted on New Orleans City Council poised to move up curfew for young people in French Quarter
on January 05, 2012, 6:05AM
c-c ripht dcc son. tudles ccc hoc ac:’n 5u ll.St Sc 50 n lOd POoP on wo
don: know about or the °P s coo scuod :e c nccstd P ees ot te cohm
:his. PEASS
- -‘ceo c-’ Judge upholds disqualification of River Birch landfill executives attorneys --.
I I 3-.”°
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to the editor
Residents sought Henry Clay traffic camera: A letter
n- 2
- a-- Editoi lal cartoon: Yes and no,,. ,,-
r ,t a, rn;’ no
n r, Cr, 36 22,12, 52t-
tasted a’ Unemployment rate falls, lowest in nearly 3 years
Obama is blamel
2 ess Put the crack pipe aowr.
3 years or January 36, 2312, 7- S7aM
Posted on Unemployment rate falls, lowest in nearly
and the Pirate car sit around all day and muse
You got your hoookah fired up is see. Now soc
Great our countr y s and where its gong -straigO: to nell. The fact remains, that our
abot how ms ana l’be”tit;es, something you, while in
‘ountry s experie nc a compl ete erosion o our freedo
immured in a belief that our nation s
ng
‘s 12 8
Unemployment rate falls lowest in nearly 3 years
‘ i
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-‘
17 18 19 20 21 22 23 Next page ‘s
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Posted on Bobby Jindal hosting fundraiser for Billy Nungesser on JanLary 06, 2012, 138PM
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Thank you Gerry, You get it,
Posted on Unemployment rate falls, lowest in nearly 3 years on January 06, 2012 1 45PM
alWi
.t .5 . ., ‘- 5, ,
LSIJ should be an academic champion, too: A guest column by James Carvdle and
Henson Moore S a I
r a c, r V
a a t th a a t y t ac g 1 a - d. ott.
supr atd.
a— ova ct core- r 5 W taj tapt K
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John Alario gains Jindals backing for top Senate post after switching party allegiances
Go d move by te Arcar-oop
Posted or New seminarian has been asked to leave as he battles fraud accusations on Jr ua’v CS,
2012 7 °7AM
[J Deal slDry.l
Posted on LSUs landscape architecture program shines on national stage on January 09, 2212,
8:00AM
hoy, you see what a Tulane degree can do tor you. not much.
Posted on LSIJs landscape architecture program shines on national stage c Janjay 09 2222.
8:55AM
Great 00s1. Those who real y ave h,s state and ts Nagahip sbool SHOULD DEMAND that LS s
academ a be uS srong, if ‘ot st-onqer, than its at etvs. You can’t be a cerr p on n one to rg
you ias strv t cxcv a aspects ut Li ivursty I ‘e, Is IC is a great tIe ut”ai tea a err q
arJ WILL wine ‘h ase as who are ordent tars, sho sld Jo whareve it takes t rroce LS a gec
a vera y -COhIPREabNSVE Y’ The F OIICI can a I—al ng ahe way... WI 0€ foflaw
0
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- - ‘ . .. -.
John Aiarlo gains Jindal a backing for top Senate post after switching party allegiancee
Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 23 of 51
cared .m John Alario gains Jindal’s backing for top Senate post after switching party allegiances
Posted on NAACP chapter president says group has been barred from Martin Luther King Jr event
on Janua’y 09 2012, 9.49AM
Jinnal tuned a l nh, bct pr’ rca eye to :he past. ‘ia has oaid homaoe at tCe altar 0 h po itcal
corruption to achieve, he beiieves, a measuca of 0000e’ation or his future. whatever they man be,
accomplishments. He has oftered the keys to beckdoor of the Govenors mansion to one of the most
‘endecious, vulpine, s,itherina poiitcel operatives mat evey cast a perditous shadow on th:s state.
Louisiana has taker a 3iant step backwards and jinGaS s wearing Alarios ooo:s. To be sure, nda
S book bnllant, but street stupid. He has been outrnaneuvred by the same forces which have mired
this state in the muck of political corruption or decades, WHV7 Who prevei ed upon him’ Who
corvinced him that this was the only pathway to ache ving what he wanted or needed, St’eet
stupid, indeed,
Jindal’s legacy, and lets be clear he’s, all politicians want a egacy, just behind a corpulent bank
account, will be a casting this state nto a regressive posture. Who are H s advisors’ By cast ng is
support for Aiario, te is admitting that his administration and the other members of the legslature
are incompetent to car”y fort h:s agenda. What an admission
1
CoSted or Alario elected Senate president; Kieckley chosen House speaker on january 39, 2012,
2:13PM
‘Ted on Gov. Bobby Jindal sworn in for second term or in ‘us’-, 09 ,012 2’TPM
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°ostei on New seminarian has been asked to leave as he battles fraud accusations cnc”ua
2012 2. 10PM
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TV, you ‘‘y have a ownS, In 5ny evenS, 1 eBher of us are corcoct,it’s a sad Oay for Louisana, LSU’s
vofory rothwithstand’ng. (‘Ses, I nave fait’n) Tne”e s a oostulate whwh makes bo:h of usco”’ecS,
bich s even worse for Loutsana. Ponds” Shat, I t”uly hope s’eIker survives the “cccii e”tort,
Posted oi Alario elected Senate president; Kieckley chosen House speaker on January 09, 2312,
234PM
or “o”ey Badge” cot BEC’—E2 ,es Miss h’-’ also n sent re 1am a”o fans th ne obcuran”
J spoort of ffe”sa”, Sea. T-. sad.
Pested on Alabama stuns top-ranked LSU 21-0 to win BCS championship on Jar ua-y 10, 2I2,
B 3h’IM
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Michelle Obama says she is tired of angry back woman stereotype - -‘-v 11 z ,
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Micholle Obama says she is tired of angry biack woman stereotype -. t
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Ccstej on Michelle Obama says she is tired of ‘angry black woman’ stereotype on Jonuary 11 2012
9:01AM
Poste on Michelle Obama says she is tired of ‘angry black woman’ stereotype on January ii, z012
9:15AM
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coated or Louis Armstrong International Airport’s restrooms are disgusting: A letter to the editor
:2, :c:2,
I agree. The camera s are NO” a sarety dev ce. Anyore who espouses soco a theory sOt that
bnght. Trace nl pu”ocse a 0 generate MCNEY, while dep” log neccie o d.e crocess, Evr 1 tr’ to
c”’test o”e o rhCSC I,t”e peme
2
Now Ow arthcr of this RIle m salve va.ots that hs g: ded vic “age s safer arch the camera.
while you mignt feel safer Oom ca”s exceedina the speed limit, can you we k down your stree at
night? Whos your real threat? Are you feehng bnghter now°
Posted on Henry Clay Avenue is safer because of traffic cameras: A letter to the editor on
Jsnuar
13, 2012, 8:13aM
E”ocr””rhi” ‘,lir’ea
‘csrcdor Murders are decreasing, just not in New Orleans: Jarvis DeBerry cc ar’a-’. 12,
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Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 29 of 51
r r ‘nts Her’y Me Jten191 NO 4. om
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Henry L. Menckenlg5l’s stats
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Endo’r’orChic chnem
°osted ci’ Murders are decreasing, just not in New Orleans: Jarvis DeBerry on Jar’uar’ 13, 2112.
3:50PM
Looks Ike Fazzio got a emon. That book yoU refer to W, Rioux is about all of his losses, Tte guy is
a clown and Fazzio is going down,
Posted on River Birch landfill executive gets new attorneys in fraud case or’ January 13, 2012,
10:36PM
Looks ike Fazz o got a lemon, That book yu refer to Mr. Pioux is about a of is osses. The guy is
a Jown and Fazzio going down,
Posted on River Birch landfill executive gets new attorneys in fraud case m Jar usrv 13, 212,
1040PM
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u 12 1
o In BP case, legal ties are topsy turvy: James Gill
judge on 2 1 2,
‘osei on 2003: Operation Wrinkled Robe catches Jefferson Parish
S2A’
Vflj arguernart a a be se
Soclenriiemer s’ t BLACK. °onteous ‘ant BLACK. F’aruotte isn’t BLAuK.
YOU a’w a most. ‘-‘aDoy MLA day U
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Crmens m-v -‘“ m1°11 NDLA.ccm
Home News Weather Sports Entertainment Uving ‘ Interact 3obs Autos - Real Estate Rentals I Classified Ads iDeals
1J Contracts should he awarded on merit and me-it aic’e. ANY company which “as mace politc3l
c—s cc the very pecce w”c cdi cacde if they pt te cont”acc ah’d cc d smaihep. :T’s
TH,IT S:sp c Sc why does the council not understand tO s Texas companies ccw who venal
cursaos pal ticians are and they exploit that weakness, America, and the last time I lacked
efe-so’ Parch is part o Aerica, s based on a rertocracy.
1
Posted a” Jefferson Parish gives 3 garbage contracts to Texas company or Janus’v 17, 2312, 72SAM
Posted on In Martin luther King Day speech, Mayor Mitch Landrieu urges citizens to take action,
help fight crime on January 17, 2012, 7 39AM
—a’,,
Followers (4)
Aaron 5ruu’sard used office to secure large sums from Jefferson Parish Contractors,
prosecutors allege ry 1
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Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 34 of 51
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Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 35 of 51
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4 Federal judge wants prosecutors records on fraud case against River Birch executive n
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Posted on New Orleans City Council expected to delay action on citywide curfew on Jsruarv 19
2012, 7 ‘34AM
Well, who a spewing hate° I make it a personal policy to chal enge peoples preJadices,especa Ily
when they are concealed in satire. If you I ued in New Orleans for any per od of time, you know
there are mary concealed prejudices which are manifested n ve-y subie ways, Its not hat’ed, its
challenging hatred and preJud cc wherever I see or find t.
°osted on Editorial cartoon: Scarecrow, Tin Man and on January 19 2012, 7.33PM
4 Tom and Gaiyle Benson receive highest papal honor for their generosity to Catholic
Church ur’/ 4 PM
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o’nrrwts He ry M€’kcnI5I N LA 09
KiDS can
ROCK THE -4/
MAR4 2012
RIJN,too!
:
I
Nome News Weather I Sports Entertainment Living Interact Jobs Autos Real Estate Rentals 1 Classified Ads Deals
Aft activity Pgsty Comments Photos Ydeos inapprpr ate m ‘tart’ Alert us,
Would yci C m a doctor who never en’-med bra r suge’-y to opemte o’ a ‘-aniel t mor
oowed or- In bizarre twist, federal prosecutors invite defendant to withdraw his guilty plea o—
3anay 20, 2012, 942PM
lbs is a disrace to- the L30000Loczana Supreme Coort. How Oo they exect the poLio o’ ‘-ave
ANY confidence r ANY odgment t9ey render if they et a co’victed felon become a as
Incmdibiell Disgsng nCeliavabie and typical of h a haven for criminals
Posrod c” Al Copeland lawyer, disbarred in Wrinkled Robe investigation, regains law license
2 , 2012, 9 48PM
1:9
Foflowers (4)
-. : ‘-Al Copelano lawyer. disbarred in Wrinkled Robe investigation, regains law license
L o d a- o k y y t w y I
123 3T t a S’O dJ AS V I a — 312
W f 12 ‘f I NN
r5r u -r-5
tr d v a it
o ted on Lowsiana ethics panel seeks to tighten campaignspending rules o Ja uary 21 201i
8 3°A8’
Yoi. w nd r ri coort a Je at the H Irnets ames I wonder eho paio tsr be tks? 3?
1
o sted on Al Copeland lawyer, disbarred in Wrinkled Robe investigation, regains law Ocense 01
snuary 21, 2012, 8 55A1
Th £ has all the appearances and oder of a Racketeeng Entepnse and dese-ves the attention o
those who spec al ze n smashing same.
t’osted on Big fish in BP claims reel in suckers: James Gill on Jan ia-y 25, 2012, 802AM
I wi rets comfortab y knowing tnat drug deaiers, ply ng the r Vade on our puc c st-eats, have an
exDectat on of or vacy which a lows them untsttered access to the r ustomars and supphers, ard
that the Fourth Amendment, as recently intarpreted and marg ed bs th s Supreme Court, nas
beome an a y r cc unng their enterprise. These nine indiots are book smart but street crop 1 Do
rtey understand what they wrought upon us° Bestowina privacy rights upon drup traffckirg s
notr ng roe ‘han aid rg and at’trng a c-mina erterprse and vi es it n MCRE naru 5
t king ann uSSOC etch v o ence. The iustices have cnsr r red r tte Cor St t it on the r jht
ta
mnor a cnne o-’ a pun ic street aid thus & ow,ng orm raic to e’i)ov the same rghrc as aw
aLong t.zn
T s Ste ‘Cu or wb t a St Out e a n ‘&S p aD t eciu t ‘se r a ‘tc
v r c stir Jr y ‘e d r V i I c Ic tr , 0
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Mayor Mitch Landrieu asks judges to raise bonds for offenders arrested on illegal gun
charges r 0 31 4..,F
Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 39 of 51
‘“orts ‘—e”-v _. n:J51 NJ,’cr”
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- --: Nw Orleans police release description, sketch of Algiers Pomt murder suspect
‘ en
Orleans Parish jury Convicts NOPO cop for firing gun cc Jar ,a- ::,:o:o
MB. N’E. M,ME,ME ME. ME, That a :he thrust of to’s tte ‘nssve rorr t’ a oncaic of a
enf--cei art. its cry ardea w th selI-assessrr-ent, but g[t or’ data Is, Cr n-a d or S go down or ler
h s watch, It naght haee rrcderaed, but roth ng be d d -ad changed anything. He at te k”ee cahy
student, Se-pas, has apparently failed al the teach ngs his benefactor has tauht b ion Hee a the
r&w test H Pen ngtor’s Pan ad wc’kad V the cony 90’s and Serpas haG neon payn 5 attenton
ond not pst trying to clirub the ranks, don t you think the student would, by now, re-irstitte tonse
wonoerfui precepts? Will surr’eone ask n,’ what ne s oo’ng today that OenOngtu d V in
rrt s’rke c-c —b-o-e° °-ninoton Is ‘rne you lock in the rniror,
Posted on Former New Orleans Police Chief Richard Pennington says his crime strategies worked:
A letter to the editor or anuery 26, 2012, 3 J6AM
eg-ee. Oh sic so tudamentai’ii Toe coos arc the CAs reed crainin3. This s stop oeycnd wods,
Posted on Double-murder trial called off when New Orleans police officer reveals defendant’s
previous arrest on anua-y 26, 2012, 823AM
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Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 41 of 51
Henry Mencke 1951 NDAcmn
KIDS can
I 1G
ROCK THE 42012
All activity posts Comments Photos Videos InaDprog-are cortent Alert us.
carteD-i m::t be fl two Darts. ‘e -st o”—i w-;e -“ow Cesr 5us oceinI at
the car aiready at the bcttow of the chIt. After aS, t was unde his aCIr5tatOn that ou ecoflofly
crashed. Anyone e—ernbe TAPe S
Wnen w Obama and ins soicen acoiytes gong tc run on H:S mcord a-id NO Ousres. Ore more
they advance Bush as their demon, the more they revea they have NO sokitions to the countrys
grnbems. The cartoon was dead-non
Posted on Cartoon had it all wrong: A letter to the editor on January 28, 2012, 9 19AM
What she did didrt amount to a eahd reason to dec’are a mistraL Te Judge should have cave a
curative charge to the Jury. Its that simple. Sometling st iks,
Posted or Danziger Bridge case mistrial attributed to comment by prosecutor on January 28 2u12,
°:25AM
The Supreme Couw reve-sec the Judee at Tolare aid Orca he p-one - did NoTh:Nc wmng, ry
.
the Jera sysem ad the supervrtory writ sysFem ike the siate ne dge iv d b mveme 1 ‘
it’d r Danziger Bridge case mistrial attributed to comment by prosecutor r J very dii.
en
Followers (4)
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°csted on Dansiger Bridge case mistrial attributed to comment by
prosecutor on Jan,iany 28, 2012,
10:18AM
Tycical libera vapid resoonse. Wfat’s w”onc° Can’t address the 2 issues
Posted on Cartoon had it all wrong: A letter to the editor on tancary 29, 2012, 12:O8AN
is a complete absenc
In some neighborhoods of th 5 c ty, them is a total collpase of society. There
of Ife No discipline,
of parenting skills, if not parents, which denies these kds of the fundamentals
No ccnftct
No supevis:on. No eCucatior. No one to fc”ce them to do treir home work.
resoluticns,other than a 9mm,
421 murders, that was
Tb nk back. in 1994 there wem over one thousard shootings r tow cty ard
armed, The value
18 yea-s aao. Fooay, we have the harvest of that year “oaming the st”eets
and spent casinos
system inoulated by the streets and emot homes s manifested by yellow tape
yea-s o’ cnl’’csl ‘o a—:
C ‘ take years, f we “a’c now, to rese-se the Ca’cCa causea oy
comes, w car my coo C
thse n ghborn000s. I do’t oetcve 1 w’ii “appen anc un”,i that cay
“ra’n par’s of New (1-ears and hogs t -emain ro”fn to “hose lost s’r”ets,
ar,,e’-;
Another dead in New Orleans: 7th murder victim in four days o-
,
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Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 43 of 51
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k h&te\-ewrcst5’-Js fr w t
Not too ong ago,( mid 2211) ths newspaper sed that tre NOPO “as lost over toO jt’cers due to
co”v ons, retirements, and rag orations, A well p aced source t id me that the departrner I looses
‘0 poc’ie a mor’th due to the same -eascns. Arc vesterda, I was to d that there are abosO
73 o”:ces runnoc ut thee sos cave. Do the ma:r- Is scary.
Posted or Revealing records, planting questions: Stephanie Grace or Januae 29, 3u12, 12:doAM
Posted on A search for peaceful solutions: An editorial on Jsnjarv 29, 2312, 1101AM
PosI”d on Another dead in New Orleans: 7th murder victim in four days on 3anuay 29, 2°12
11:20AM
t
‘‘‘Ii r’ cw s’ rave pose:’-:’: enf r’’’-” nw-::
. •0
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Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 45 of 51
KiDS can ‘I
ROCK THE
!
RU
0 0N,t
Idolatry’
anuarv 30, 2012, 4:37PM
from Baton Rouge-area hospital on
Posted on Edwin Edwards is released
‘(ooflD’ ke :s rec-danl,
30, 2C12, CC 1901’
from Baton Rouge-area hospital or snim”y
2cctd o- Edwin Edwards is released
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t-ol House ready to consider insider trading
°ostac
to’
s e o”'ce onc” ‘cut t”e great sar-;s
Tfe CCI’ s NI’ nor-oa-t,sa”. Rern””nbe- that 3br oay -
They were wrang then nd wrong now. And tfe -m p rt )L.st rgnt, By
Obama care. end I’a”'a an3 he
et CEO I’ F eve me ui npicyn’e’it ret” oawn
1- at’s ‘ight LA3OR 1CAY--
-
te S 4’ r.”ni the Frst week o’ Nove’—’ner. Thu can fird S
3”
sychop hanhc media nOtiCts 3, II ceiebre
pace S of Obarna’s cisc book. Stay vidi ant.
8:26AM
percent after hiring burst on Febraa’y 03 20tI’,
Posted on Unemployment rate falls to 8.3
dinner
if
office or is appointed to hioh office. They are
not
is they are sworr to serve. A’d that distorted
awashed in an euphona that they are ditrvrent rrori demand, of being treated differently and
plans, exoerse accounts, cars. t-ips to exotic places
s(iunch es,too) and now enrollments ‘r special schools.
Wberv does it end? It probao’y wont.
human being. Whi e we eschew royalty,we want
Our Founding Fathe’s recognized this defect in the
Found ing docum ents have safeguards enshrined to prevent
to be treated royally. That a why our nng d’ves some to conceal their lust ror
pnrnod ial bardwi
any of use to get crown-happy. But, oar And we ‘all for t every election day.
“pubI c service
a crown by claiming the are celled to
correct wo-d, wrrvn watched the news act night and
was amused, and that probably sn’t the to FACT FIND I aughec when I
to the SUPER BOWL
heard how many pubhc officials are going see how they bad e c’owds and
t InJana oo is to
heard that our great police oh ef had to go
special events, Real’y’
Think about t—at 10- C 0 P
s •,ck rg -ness c-a—s ott, t”ev a’s cxpos”c a
apolead the Fecs ‘or w”at t”ey are do “p. 9eside r”p-se ne
and crow’ Ps-naps a” •‘eed
a “v “ad wde cf those amcn’ os w seek the sSpt-
F,- 5 hal a way of “'‘ocarina tae P .‘tt c blc.cd ci
roya ty.
Local NAACP leader says he will accept city appointment with certain conditions
[] More criminal charges for former )efferson Parosh President Aaron Broussard: An
Ho in’
ethtorial u” 4 1? 1 114P
A rme,
Posted .n River Birch landfill owner yet to collect on loan to Garland Robinette or °ebruar, 94,
2012 10 I3AM
Ths sad sad case remirds me of Jo Ellen Smth, For those of you too you’a to remember, she was
nursing student vsiting the poor in the Fsher Housing PROJECT. She was abducted, raped and
murdered. To cal it savage wou!d be an understatement, 1 tbougnt then that New Orleans lost its
soul, nearly 40 years have passed and we hever’t evoieo as a civ Ization, yet. I can almost
understand one drug dealer esling anothe-its ho He, but when sornecne embarks on a Ife a drug
deoing, they have to assume some risks.
Eut when someone is about helping the poor end sice. IOCi eseume NO risk wil, they shoudnt
have to,
Home rjrsing 5 a bessc and those who do 6 am t,’v ainga 5 among .25. And this happens and we
wonder now.
am very critcal of the NOCT, but today, we all sbc..d nweomte ter’ n. 1 cry hoce they dcn’t
cut corners or do slOppy oollcs work, 9’at slot Cese’-;eo O’e Dew
‘ cest c
tio possicie, which
0‘
y.° I a cOr,:chcn.
Three more men arrested in Gert Town gang rape c” °etruw, 94. C2.C,
0 ‘,,
w j t w
“C—”
Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 48 of 51
An editorsal r 2 8 -
New Orleans police reform by decree:
, ‘-
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KIDS can
ROCK THE MAR42012
RUN,
Photos Following 0
r dsester.
O’niy awvrs are benericling fom 1hs dsaster mo mat s m’ctbe
s court case on February 05, 2012, 8 26AM
Posted on Gulf oil spill blame is focus of New Orlean
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Case 2:12-cv-00922-SSV-ALC Document 1-4 Filed 04/10/12 Page 50 of 51
-
New Orleans pohce reform by decree: An edtoral
Louisiana should be shown proof that private school vouchers are worth it: Jurvis
£3ePerry --‘“ :1 .
Pc r a ad’ cv lent Peop a ocr t rut from ca-c a’s th’y er brace it. If ‘he pa-b S a-or a
so great, w w u i’ t ha- taa’rg Vs dscussoru a-u am e duty a proda- ta-F inc offesE b,st rc
a-gher 1cm-i ng.
P ted a Louisiana should be shown proof that private school vouchers are worth it: Jarvis
Deaerry on Feoruary 05, 2012 3 3QPM
‘m-tad or’ New Orleans police reform by decree: An editorial on Fb.Jai “, 2012, 3:a1PM
Thank you for rna<inc my case for me. Like Hemingway cc d, I pity the man who only knows hcw to
spell a word one we’,. Be proud of your culture arc let the world augh up ther seeve at yam-not
rue.
Posted on Louisiana uses popular ‘Swamp People’ show to promote travel to the state or ‘ebrusry
CS, 2012, 35PM
Eras crc ‘e€cs to go’ He wear t aerIal :0 ooul;rate 0c Ce cm-a a CP a -ow S moce to ta a ar-i
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Case 2:12-cv-00922-SSV-ALC Document 1-5 Filed 04/10/12 Page 2 of 10
v. * SECTION: “C”
*
DOMINICK FAZZIO
* * *
The United States of America hereby opposes defendant Fazzio’s motion to allow re
enrollment of counsel who were disqualified by this court because of a conflict of interest. The
United States believes that disqualified counsel has an insurmountable and incurable conflict of
interest that precludes their re-enrollment based upon the reasons below.
This Honorable Court correctly detennined, inter alia, that the River Birch corporate
resolution bestowing a conditional financial benefit upon its employees has created a manifest and
manifold conflict of interest between Fazzio and his anornevs. (Recdoc 104). Most importantly.
because of this thinly veiled effort to silence Fazzio, purchase his alieeance and deny him
represented by disqualified counsel, such representation subverts the interest of justice and creates
More to the point, Fazzio’ s disqualified counsel’s convenient and transparent post-hearing
representations not to partake of the River Birch indemnification resolution should he an affront
to this court. This court has no jurisdiction to force River Birch to rescind or modi’ the
indemnification resolution. Moreover, this court has no jurisdiction to force Fazzio to resign his
position with River Birch or to have River Birch terminate Fazzio’s employment. As of the time
of this filing, River Birch and others enjoy the safe redoubt of the corporate resolution. Indeed, the
River Birch indemnification resolution survives this disqualification order and there is nothing
this Court can do to change that reality, other than to maintain its disqualification order.(Rec Doe.
104). To tangle matters more, the flawed, reconstituted representations by Messrs. London, Cobb
and Haedicke not to accept payment pursuant to the River Birch indemnification resolution does
not preclude Fazzio from availing himself of the benefits provided by the River Birch
indemnification resolution without any limitation. River Birch has coiled Fazzio in the mortal fear
of losing his job and concomitant loss of income and the disqualified counsel are well-placed to
The United States submits that any order of this Honorable Court to enforce present
impractical, tedious. cumbersome and legally impossible. For example, lcw could the Court
prevent Fazzio from securing any benefit of. the River Birch resolution post4riai or posrtappeal of
the Garner Services matter? Indeed, the United States submits Fazzio is already the beneficiar of
the malignant resolution for he is still an employee of Riser BlrLh and subject to its designed
Case 2:12-cv-00922-SSV-ALC Document 1-5 Filed 04/10/12 Page 4 of 10
Case 2:11-cr-00157-HGB-ALC Document 112 Filed 12/27111 Page 3 of 9
benefits. Additionally. how could this Honorable Court effectively regulate Fazzi&s benefits
which could easily be disguised as raises or bonuses. but are actually attorney’s fees?
Most interesting. Mr. London already admitted receiving fees from River Birch and
sharing them with Mr. Haedicke (Rec. Doe 104-Court’s Order p. 2),and Mr. London’ is still
representing Fazzio in the River Birch matter in which he is unquestionably being paid his fees
by River Birch. This situation presents an untenable dilemma because certainly Mr. London
would still be communicating with River Birch due to the joint defense aeement in place.
Ultimately this would result in an ongoing conflict and how could the court adequately regulate
and control this representation. Further, the Court’s order does not require Mr. London to return
all attorney’s fees paid by River Birch and shared with Mr. Haedicke. If it had, it would not have
removed the taint which London, Cobb and Haedicke suffer. The United States submits that
disqualified counsel is unable to purge the taint and has exacerbated the taint by sharing
confidential information with River Birch attorneys as indicated in the Court’s order. This would
be tantamount to trying to put toothpaste back into the tube. Thus, the United States submits the
damage has already been done and no amount of furtive maneuvering by Messrs. London, Cobb
The United States further submits that it is disingenuous for Messrs. London. Cobb and
Haedicke to now agree not to be paid or indemnied by River Birch and they would immediately
cease confidential dscuss,ons with River Birch and their attorneys. This confiict was patent
before tflis Hororahle Court’s Order and wertt ‘ahoil unrecoanized by all three veteran attorneys.
The government advises the court that Mr. London is also representing Fazzios wife in the
River Birch matter. Mr. London has previously contacted the United States on her behalf when she
was subpoenaed for documents. The United States submits this presents a further conflict,
Case 2:12-cv-00922-SSV-ALC Document 1-5 Filed 04/10/12 Page 5 of 10
Case 2:1 1-cr-00157-HGB-ALC Document 112 FUed 12/27/11 Page 4 of 9
Thus. the United States submits that if Messrs. London, Cobb and Haedicke were honestly
representing Fazzio and oniy Fazzio’s interest. they would have advanced this remedy at the time
of the hearing and proposed it as an alternative to the court and not waited for this Honorable
The Supreme Court in Wheat v. United States, 486 U.S. 153 (1988) found that the right of
counsel does not override the broader societal interest in the effective administration ofjustice or
the maintenance of the public confidence in the integrity of our legal system, The Supreme Court
in Wheat said “thus while the right to select to be represented by one’s preferred attorney is
comprehended by the Sixth Amendment, the essential aim of the amendment is to guarantee an
effective advocate for each criminal defendant rather to ensure that a defendant will be inexorably
represented by the lawyer whom he prefers.” See Wheat at 159. The United States submits that
for this court to preserve the appearance of integrity of the judicial process and to further prevent
counsel from tainting the trial with their conflict-ridden representation of Fazzio, it must maintain
its Order disqualifying Messrs. London, Cobb and Haedicke, for to do otherwise would
irreversibly cast doubt upon the integrity of the judicial process, especially after this Honorable
Court has already ruled that Fazzio’s current attorneys have potential conflicts and divided
loyalties. Accordingly, counsel who have either potential or actual conflicts may be disqualified.
United States v, Dockens, 253 R3d 706, 707 (5th Cir, 2001)
While this Honorable Court attempted to remediate the immutable confiicts operating
between Messrs. London. Cobb, l-laedicke and Fazzio by extending an invitation to counsel to
abjure from their compensatory and cozy relationship with River Birch and cease communications
with River Birch’s counsel, this offer truly betrays the consubstantial relationship which exists
Case 2:12-cv-00922-SSV-ALC Document 1-5 Filed 04/10/12 Page 6 of 10
Messrs. London, Cobb and Haedicke and their benefactor, River Birch.
d between
There’s another matter which compounds the irreversible conflict which operate
gency fee in a
Messrs. London, Cobb, Haedicke and the Fazzio; that’s the specter of a contin
2) it is well
criminal case. Pursuant to Louisiana Code of Professional Conduct Rule ,
2
l,5(d)(
collect a c.ontingency
established that a lawyer should not enter into an arrangement or charge. or
this. Honorable Court on
fee for rt.presenting. a defendant in a crim.inai case. In the Order issued by
and Haedicke to make
December 9. 201 l, the Court made an overnire to Messrs. London. Cobb
:
2
Rule 1.5(d) A lawyer shall not enter into an agreement for, charge or collect
(2) a contingent fee for representing a defend ant in a crimin al case.
Case 2:12-cv-00922-SSV-ALC Document 1-5 Filed 04/10/12 Page 7 of 10
avennents which would purge them of their tainted representation of Fazzio. Messrs. London,
Cobb and Haedicke wasted no time and in accepting the Court’s invitation and asserted . .. unless
this court s December 9 order is later vacated or modified they will nor be paid or indemnified
by River Birch Jir work on the defense of Mr. Fazzio. Messrs. London. Cobb and Haedicke
further aver that this is their only option, as the Court’s second overture is violative of Louisiana
Law. Rec. Doe 108, pg 2. Counsel’s assertion is pure illusion, Any attempt to accept
indemnification from any source would be the function of a contingency fee arrangement, as the
services which are to be indemnified would, by virtue of any definition of indemnification, have
to have been rendered before the indemnification. Moreover, the indemnitor would have to agree
to pay for the services if they are rendered and after the fact. Thus, the United States observes
that while this Honorable Court had the best of intentions, it submits there is no way to comply
with the Rules of Professional Conduct by allowing Messrs. London, Cobb and Haedicke to re
enroll as counsel for Fazzio. Whoever is to represent Mr. Fazzio has to be paid in advance,
without any warranty of indemnification from any third party and be unaffihiated with Messrs.
In the final analysis, the United States reminds this Honorable Court that Messrs. London,
Cobb and Haedicke have had confidential communications with their benefactor, River Birch and
or their attorneys about Fazzio’s representation, They have been paid by River Birch for
representing Fa2zio. Fazzio i.s a cu.rrent employee of River Birc.h and enjoys the emoluments of
hi employment, namely the corporate resolution promisine indemnifcaton for his attorney’s
fees. To put it quite plainly, he is gagged and shackled, and Messrs. London, Cobb and
l-laedicke’s alacrity in seeking re-enrollment of this case is a product of not pursuing justice, but
Case 2:12-cv-00922-SSV-ALC Document 1-5 Filed 04/10/12 Page 8 of 10
Case 2:11-cr-00157-HGB-ALC Document 112 FUed 12/27/11 Page 7 of 9
to perpetuate Fazzios subservience to River Birch and its principals. As this Honorable Court
correctly noted, it would not inure to Fazzio’s benefit if he decided to cooperate with the United
States in this case. The colloquy with the court is very revealing and portends the irreparable
damage to the judicial process if Messrs. London, Cobb and Haedicke are allowed to re-enroll in
this case.
The United States submits that the evidence of guilt in this case is overwhelming and
limit his criminal liability. But if Messrs. London, Cobb and Haedicke are allowed to re-enroll,
Fazzio s fate will be decided upon the altar of company loyalty, not the fair, conflict-free
‘
administration ofjustice. A fair trial is Fazzio’s right and the Government welcomes that avenue
as well but only with the assurance that the conviction will not be reversed because the appeals
process exposes the utter inappropriateness of the London Cobb Haedicke relationship.
Accordingly, the United States submits that the only remedy available to Fazzio is for this
Honorable Court to deny Messrs. London, Cobb and Haedicke’s motion to re-enroll and to require
new counsel, whoever Fazzio selects, to be liberated from any Fazzio-related contacts past,-
present or future with Messrs, London. Cobb, Haedicke, River Birch or River Birch’s attorneys.
-
Moreover. new counsel should be required to affirm to this Honorable Court that they have not
and will not have contact with Messrs. London. Cobb. Haedicke. River Birch or River Birch’s
counsel and that whatever attorneys fees he or she charges are to be derived from Fazzio only.
WHEREFORE. the United States of America grays that Messrs, London. Cobb and
Haedicke’s Motion to Re-Enroll as Counsel of Record be DENiED and that this Honorable Court
Case 2:12-cv-00922-SSV-ALC Document 1-5 Filed 04/10/12 Page 9 of 10
direct the appropriate Unites States Magistrate to conduct a hearing to determine conflict-free
Respectfully submitted
HM LETTEN
UNITED STATES ATTORNEY
!slGregory Kennedy
GREGORY KENNEDY (20896)
Assistant United States Attorney
650 Poydras Street, Suite 1600
New Orleans, Louisiana 70130
Telephone: (504) 680-3102
Case 2:12-cv-00922-SSV-ALC Document 1-5 Filed 04/10/12 Page 10 of 10
CERTIFICATE OF SERVICE
I hereby certify that on December 27. 2011. I electronically tiled the foregoing with the
Clerk of Court by using the CWECF system which will send a notice of electronic filing to all
counsel of record. Also. we have mailed a copy postage prepaid to Steve London at his mailing
address of 2950 Energy Center, 1100 Poydras Street 70163-2950.
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Case 2:12-cv-00922-SSV-ALC Document 1-6 Filed 04/10/12 Page 2 of 10
INTR ODUCTION
.
Mr. Fitzgerald began his law enforcement career in Bensalem Township, Pennsylvania, in 1976
and had attained the rank of Sergeant by the time he left in 1987. His first assignment as an FBI
Special Agent was in the New York Field Division working on the Joint Bank Robbery Task
Force where he investigated bank robberies, armored car robberies, kidnapping, threats and
extortion, In 1995, he was promoted to the position of Criminal Profiler at the National Center
for the Analysis of Violent Crime at the FBI Academy in Quantico, Virginia. There, he focused
on the crimes of homicide, serial rape, kidnapping, extortion, product tampering, domestic,
workplace, and school violence, text analysis, and threat assessment. Also during that time, Mr.
Fitzgerald became an integral member of the UNABOM Task Force in San Francisco,
California, where his work proved instrumental in the arrest and successful prosecution of
Theodore Kaczynski, also known as the Unabomber. A fully qualified forensic linguist, he has
testified numerous times as an expert witness in criminal courts throughout the U.S. Mr.
Fitzgerald designed and developed the FBI’s Communicated Threat Assessment Database
(CTAD), a first-of-its-kind fully searchable repository for all threatening and criminally-oriented
communications. He has also published numerous articles. As an AOl practitioner, he offers
operational assistance and expert testimony in areas related to threat assessment, text analysis,
and forensic linguistics. He also provides training in the area of forensic linguistics.
EDUCATION
CAREER SUMMARY
Mr. Fitzgerald’s duties inc.lude, but are not limited to, analyses/assessment of threatening andior
criminally oriented cornmunications within both the cri.rninai and privaIc sec.tor; rendering expert
opinions as to the possible authorship of anonymous. com.rnunications; offering expert testimony
in forensic linguistic related matters; teaching one-day to week-long courses in “Threat
Assessm.e..nt and Text Analysis: From. a Forensic Linguistic Perspective”; offering training and
guidance in matters related to workplace violence.
Case 2:12-cv-00922-SSV-ALC Document 1-6 Filed 04/10/12 Page 3 of 10
sis Unit-i
Supenisorv Special Agent (SSA), 1995 2007: Assigned to the Behavioral Analy
—
ement
(BAT:- 1) whose primary mission is to serve the FBI and local and state law enforc
the areas of crimin al profiling and forensi c
agencies by pros iding advice and support in
matter s relatin g to counte rterrorism.
linguistics, including threat assessment, textual analy sis. and
ctives. Crime s
BAU-1 personnel review crimes from both linguistic and behavioral perspe
product
investigated include homicide, sexual assaults, threats, extortion, stalking. kidnapping.
be involved.
tampering, domestic and international terrorism, and other crimes in which text may
and forensic
Instructional courses offered in areas related to counterterrorism. threat assessment.
ted at the FBI
linguistics both within the US and internationally. These topics were also presen
Academy to New Agent Trainees. National Academy Students, and to other US
and Intemational
students.
Developed and was primary instructor for the “Forensic Linguistic Workshop for Law
its kind
Enforcement Practitioners.” This week-long training course was the first and only of
were four separa te worksh ops offered
offered to law enforcement personnel in the U.S. There
between 2004 and 2007.
ed and
Designated Threat Assessment Textual Analysis Program Manager in 2003. Design
Assess ment Databa se (CTAD ), a softwa re-based
implemented the FBI’s Communicated Threat
commu nications receive d by the
program that is now the primary repository for all threatening
es all threate ning
FBI. Its purpose is to categorize, catalogue, and facilitate adanced search of
communications for purposes of determining threat level and authorship of incoming
communications.
assigned
Special Agent (SA), 1987 —1995: Assigned to the FBI’s New York Di’.ision. Initialh
ies, also
to the Joint Bank Robber’ task Force that, along with bank and armored car robber
and
nestigateJ kidnapping sexual evploitatior f children. extorticns, product tamperina,
wher the same ie’it rime.
n edcra1 ffiers 1 ater trar ered t ttic (jing Suad
Attained rank t detective sergeant in 1982. Duties included ins estigating numcrou, himicides.
rapes. assaults, and other felony cases,
FACULTY APPOINTMENTS
SPECL4LIZED TRAINING
OTHER TRAINING
1 976 Municipal Police Officer Training Course. Pennsylvania State Police Academy
1984 POSIT/POLEX Police Manacement Course. Pennslvania State University
1986 FBI National Academy (l47 Session)
988 New Agent Training Ff31 Academ
Case 2:12-cv-00922-SSV-ALC Document 1-6 Filed 04/10/12 Page 5 of 10
MAJOR INVESTIGATIONS/ASSIGNMENTS
1997 1999
e Hunt
—
INTERNATIONAL LL4ISON
skriminalmt (German
2001 Arranged two-week visit of a forensic linguist from the Bunde
on text analysis, threat
Federal Police) to the BAU for purpose of sharing information
matter s.
assessment, authorial attribution, databases, and other related
Germany, for the purpose of
2002 A weekiong visit to the Bundeskriminalmt in Wiesbaden,
administrative
reviewing their Forensic Linguistic Unit from an operational and
there.
perspective. Training was provided to German investigators while
police psycho logist from the
2006 Co-sponsored. along with other BAU-1 personnel, a
Englan d.
Metropolitan Police Department, New Scotland Yard, London,
Commission. along with a police
2007 Sponsored a psychologist with the Australian Crime B
ustra l
lian
a joint 1
F
A
sergeant from New South Wales Police Department, to undertake
ent.
Crime Commission research project regarding threat assessm
i. g.hai. Englai.d, as a visitin
2011 Sponsored. a foren.sic linguist from Aston. University. Bi.rmi
scholar to rev.iewAGi’s C/I.ARC.
EXPERT TESTIMONY
in sexual assault and
1999 Madison County, West Virginia: qualified in state court as expert
prosecution.
rapist typologies, testified to same in pre-trial hearing in rape
(West Virginia v. Gullet)
court as expert in textual
2000 LS. District Court, Newark, New Jersey: qualified in federal
Case 2:12-cv-00922-SSV-ALC Document 1-6 Filed 04/10/12 Page 6 of 10
2004 Lycoming County. Pennsylvania: qualified in state court as expert in textual analy sis.
testified to same at trial in homicide prosecution. (Penns\ h ania v. Illes)
2005 U.S. District Court. Lubbock. Texas: qualified in federal court as expert in forensic
linguistics, testified to same at trial in child pornography prosecution. (U.S. v. Cole)
2006 York County, Pennsylania: qualified in state court as expert in forensic linguistics.
testified to same in pre-trial hearing in homicide prosecution.
(Pennsylvania v, Hummert)
2007 Middlesex County. New Jersey: qualified in state court as expert in forensic linguistics.
testified to same in grand jury. pre-trial hearing, and trial in homicide prosecution.
(New Jersey v. McGuirel
2009 Peimsyhania Perez: provided expert testimony in forensic linguistics in double-
‘.
homicide trial.
2010 Bedford County, Virginia: provided expert testimony in homicide trial.
(Virginia v. Eamest)
2010 U.S. District Court. District of Utah, Central Division: qualified in federal court
as expert in forensic linguistics. (U.S. v. Zajac)
RESEARCH PROJECTS
and implementation
Language and Gender Research Project Master’s Thesis. Georgetown University
MEDIA INTERVIEWS
PIJBLICATIONS
Case 2:12-cv-00922-SSV-ALC Document 1-6 Filed 04/10/12 Page 10 of 10
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Case 2:12-cv-00922-SSV-ALC Document 1-7 Filed 04/10/12 Page 2 of 13
Curtis 3. Mahoney
Williams & Connolly LLP
725 Twelfth St., N.W.
Washington, D.C. 20005590l
INTRODUCTION
This forensic linguistic/authorial attribution report was prepared by James R. Fitzgerald of the
Academy Group, Inc. (AGI). This analysis and assessment is based upon a review of the various
communications furnished by Williams & Connolly LLP (W&C), Washington, D.C.
The following opinions and conclusions are the result of knowledge gained by investigative and
analytical experience, specialized training and formal academic courses in linguistics, ongoing
consultation with recognized experts in the field of forensic linguistics, and an ongoing review of
the pertinent literature relating to this type of analysis.
This particular analysis is just one component of this case and should not be considered a
substitute for a thorough, welhpiannt..d ii.. vestigation, prosecution, defense, or civil litigation, nor
should it be necessarily considered alhinciusive Lu its scope.
information set forth is valid. This analysis, and any subsequent opinions and conclusions, could
be modified or changed should the investigation in this matter prove to invalidate the original
information or communications upon which this analysis was based, or should the investigation
provide new information or new communications related to the captioned matter.
Case 2:12-cv-00922-SSV-ALC Document 1-7 Filed 04/10/12 Page 3 of 13
This analysis was undertaken for purposes of attempting to determine the provenance of the 550
blog postings. W&C ftn-ther reQuested that AGI attempt to identify authorship indicators in the
550 biog postings and cornnare them to authorship indicaturs in the legal document.
CASE SUMMARY
The specifics and details of the case that potentially link the blog postings and the legal
document are unknown to AGL That information was neither provided by W&C nor requested
by AGI. The matter apparently stems from a federal criminal case in the state of Louisiana.
THE COMMUNICATIONS
Questioned Communications
The Questioned (Q) communications consist of approximately 550 blog entries ostensibly
originating in the comments section of the online edition of the Times-Picayune (New Orleans,
LA) newspaper. Each one is composed under the pseudonym “Henry L. Menckenl95l.” They
are dated August 15, 2011 through February 7, 2012.
AGI did not number these postings individually. Instead, when referencing a specific comment
it will be referred to by the date it was posted
Known Communication
Case 2:12-cv-00922-SSV-ALC Document 1-7 Filed 04/10/12 Page 4 of 13
DOMINICK FAZZIO
Respectfully submitted,
JIM LETTEN
UNITED STATES ATTORNEY
The very last page of K1, page nine, is a “Certificate of ServiceS” It is electronically signed by
James R. Mann on December 27, 2011,
It should be noted, as there are a total of four signatories to Ki, AGI is unaware• at the time of
this report as to who actually authored KU W&C was not asked nor did they provide that
inforrnat.ion. As with many cosigned legal documents, there was most ukely a prim ary author
who wrote most of it. However, others, both listed and not listed, may have contributed to its
e’ cesign arc n be factored ir ec cbceouent feresw izis C
analysis.
AUTHORL4L ATTRIBUTION
To a certain degree, any competent person can disguise his or her linguistic habits. When
1 author al den
a1pL g o concea espec all 1
r c—nv-’al purposes wrcars ra use a
Case 2:12-cv-00922-SSV-ALC Document 1-7 Filed 04/10/12 Page 5 of 13
pseudonym, insert deliberate misspellings, alter punctuation choices, disguise handwriting, use
varied mechanical forms (pen, pencil, crayon, cutand-pasre, typewriter, word
processor computer printer) of transcribing words onto paper or in an electronic format (email.
blogs, social network sites. etcl or plant misinformation or other hints that would divert the
reader’s (or analvst’si attention. However, experience and knowledge in the science of forensic
linauistic analysis clearly shows that it is a much easier task for a pseudonymous writer to insert
mistakes or idiosyncratic textual characteristics that he or she does not ordinarily make, than to
suppress those mistakes or idiosyncratic textual characteristics that are ingrained as a result of
learning and life-long habitual use.
It should be noted that any text analysis for purposes of authorial attribution, and any subsequent
linkage rendered as a result thereof, is only as extensive as the amount of text involved.
Generally speaking, the more text available to review and compare, and the more distinctive and
idiosyncratic linguistic features identified therein, the stronger the resulting rendered opinion as
to authorship will be. Given the presence of a sufficient text sample and ample linguistic
evidence, an opinion of “Consistent” or “Not Consistent” may be rendered as to the fact that one
individual, named or unnamed, is or is not linguistically associated with one or more questioned
articles of text. Fewer text samples, and/or a lack of significant linguistic evidence found
therein, may result in an opinion of”No Decision” being rendered.
In this matter, there is a sufficient amount of text in both the 550 Q communications and the sole
K communication to render a tenable opinion as to authorship as a result of this analysis.
Initial Analysis
It is opined that the approximately 550 Q communications/blog postings were authored by one
and the same person; that is. the person using the pseudonym of Henry L. Menckenl95l. This is
based on various consistent stylistic, lexical, grammatical, topical, thematic, and temporal factors
included or represented in many of them and which, from a common authorship perspective,
serve to link all 550 of the communications.
It is opined that the author of the Q communications did not attempt to disguise his overall
writing style or general linguistic habits. The Q communications are most likely generally
consistent with his everyday personal or professional writing style. The author’s writing style is
reflective of an individual with excellent writing skills. The author most likely writes
extensively in his personal and er professional life.
Desri’e 1 s excC cut writir g ki therc are ererai u tad exarr Ic f r tar ard fcatue
(ir stakes throuF out tie 55() Q o’urrumat r I y inc tly cn t of icluted letten,
etverb c “ccrd isos. and an ccasiondi nisspc, acrd Fhese ncnttandard n,ans
..
be the result of the author being tn a rush. tired. stressed. frustrated, under the influence of
alcoholic beverages, controlled substances. etc,, or any combinations of these at the time of
composing and posting the communications. They do not appear to be the result of the author
attempting to disguise his writing style (he., “dumbingdowrt”) or putposefully attempting to
write as another person.
Case 2:12-cv-00922-SSV-ALC Document 1-7 Filed 04/10/12 Page 6 of 13
Primary Analysis
Each Q corn nunication. and the sole K communication, was carefully reviewed and assessed
during this authorial attribution process. It is opined, like in the Q communications, that the
author of KI possesses excellent writing skills.
In tin. analysis numerous iexcai, stylistic, grammaticaI ..d other ling. istic parameters were
used to assess each separate comrmmication, Words. sentenc.e structure, as well as other features,
including punctuation, all contribute to the process of authorial attribution analysis. Each
parameter can be as important as another in this type of comparison and analysis, depending on
their usage and the level of uncommonness and idiosyncratic nature.
It should be noted, there were no sentences found in the Q communications and the K
communication that matched word-for-word, and no distinctive common misspellings found
between the two sets of communications. Both of these types of findings would potentially
contribute greatly to any opinion regarding common authorship. However, in these
communications, certain specific words, trends and patterns were found in common. Measured
qualitatively and quantitatively, they each contribute greatly to the final opinion as to common
authorship between the 550 Q communications and K 1,
Lastly, it is also noted that the two sets of communications represent two different written genres
intended for different audiences and with different purposes, tone, etc. K 1 is a legal document
written in the formal style and language of the United States criminal justice system and contains
“legalese” that is understood by its primary audience, lawyers and judges. The Q
communications, the 550 blog postings, are written in a less formal style and designed for a more
general, non-legal audience. Despite the difference in genres and styles between them, a careful
and detailed inter-genre analysis of these communications can nonetheless uncover linguistic
indicators that can potentially lead to an opinion regarding authorship.
As the result of a careful and detailed review and assessment of K I, several specific trends and
patterns were identified that, in the experience of AGL are noted as being unusual, uncommon,
and idiosyncratic. The categories in which these features will be listed fall under two headings.
The heading entitled “Linguistic Findings” includes: Lexical Choices, Literary Figures of Speech
Utilized, and Punctuation. The heading entitled “Extra-Linguistic Findings” includes: Thematic
References to River Birch Case, Thematic References to United States Attorney’s Office andJor
“Feds,” and Alleged Autobiographical References Fegarding Henry L. Mencken.I 951..
jnuistic Finding
A. Lex.cal Choices
The author of both the 550 blog postings and KI possesses an excellent vocabulary and is not
reluctant to utillze it in both sets of written communications., Inn virtuaily every iitance the..
.
lexicai choices. be makes are ut.iiized in the proper context, spelled correctly, and enh.ances the
point he is attempting to make fi.r the read.er. However, in. man.y irrsta. .ce.s, the actual words
chosen in and of themselves ai.e not necessary for Ms point to be rna.de, or more commonly used
Case 2:12-cv-00922-SSV-ALC Document 1-7 Filed 04/10/12 Page 7 of 13
words would be just as appropriate. Nonetheess, he chooses to use these somewhat arcane and
less common lexical choices in his writings.
In Ki, four primarily nonlegal words or word phrases were speciflcally noted in this regard.
Usage of these words is found to be less common in Louisiana U.S. federal cou related
documents (see below). Also, none of these four words was found in the legal dictionaries at
law. corn. findlaw. corn. or at iaw-dicr.onaty. org.
1. “altar of’
“...Fazzio’s fate will be decided upon the altar of company loyalty...” (Ki, page 7)
“He has paid homage at the altar of political corruption to achieve...” (Q 01/09112)
2. “coiled/coils”
“...and exemptions from the daily s which wrap the common man.” (Q 08/28/11)
3. “dubiety”
“...River Birch and others enjoy the safe redoubt of the corporate resolution.” (Ki, page
2)
1. “redoubt”20 times
iWhere “coiled” or “colis was, in fact, found in the coun documents, the word referred
to steel coils. IfVAC cois. steam coils. etc. Nowhere was it found in the same context as
inKli
The same site. using the same 15.103 cases, was then searched for combinations of these words.
As a result, there was no legal document within the 15,103 cases in which any pairing or other
combination of these words was found. That is, there was no legal document utilizing “redoubt”
and “dubiety,” or “redoubt” and “altar of” or “dubiety” and “altar of”
As previously referenced, all four of these words are also found within 550 blog postings of
Henry L. Menckenl95l on the same online newspaper site over a six month period. They are
utilized in similar semantic and syntactic fashion as in Ki.
To further quantify the use of these words and their relative uncommonness, and even rarer
usage in combination, other searches were conducted.
One search was of AGI’s proprietary Communicated Threat Assessment Resource Corpus
(CTARC). It presently contains approximately 500 separate threatening, criminally-oriented,
andior problematic communications consisting of approximately 100,000 words. None of the
above four listed words was found within the corpus, either singularly or in combination,
Another search, this a general internet search of the four words used in combination, proved to
provide only a very small sample of these words used in combination,
They include:
T. Baron Russell, A hundred years hence: the expectation of an optimist (1905), contains: altar,
dubiety
Timoth Lee. Wha: chcJd (hrftians do about a harnan-proeen:tori: evargei:cais and ethnic
0U9), contains: altar, redoubt.
nationalism in South Korea i
2
t.
Robert Girardi, The Wrong Doyle (2002), contains: altar. redoub
coil in same story.
Robert Axier, 1-lelibound Fury (1999), contains: altar, redoubt, and
written communication, to
The rarity of the use of these specific words in combination in a
enl95l in an online
include those listed above. Ki. and the postings of Henry L Menck
that very few English language
newspaper blog site, is suggestive, even cross-genre. of the fact
s.
authors have ever utilized these lexical combinations in their writing
c.”...legendandlore...” (Q 08/28/li)
d. “. . .your fabulous fabulist is finished...” (Q 09/08/11)
2, Metaphor In both KI and the 550 blog postings, examples of the literary figure of
—
a. “This would be tantamount to trying to put toothpaste back in the tube.” (KI, page 3)
b. “.. hollow averments will reverse the hands of time and thus ..“ (K 1, page 5)
While examples of metaphors are common in poetry and other forms of stylized prose and
narrative, it is much less common in legal documents. Yet, it is found in Ki two separate times.
The author of the 550 blog postings also utilizes this same literary device numerous times over
six months.
C. Punctuation
The author of Ki has a distinctive habit of comma omission within certain word groupings, as
does the author of the 550 blog postings. Specifically, he chooses stylistically not to include a
cormna before and” or “or” preceding the last of a series of three or more words. In essence, it
is neither standard nor non-standard (i.e.. a mistake) to use a comma at this place in the list or
not. Grammarians, editors, and otherc involved in language debate its usage at this place in a
lis Some choose to utibie a comma n such word licts. whi e ethers d-oose not t use one
1
Howeer S rtaailv eve time one of these 1 s prsents is ± in c th r Kl Cr ‘r tho n’ g
p tmg tie ‘ urrr a bet re t and’ r r’ err tt o
2. . .as River Birch hus many progenitors, progeny and prongs (Ki. page 5
Case 2:12-cv-00922-SSV-ALC Document 1-7 Filed 04/10/12 Page 11 of 13
Extra-Linguistic Findings
c
This section includes categories that are not necessarily related to the science of forensi
teristic s, interes ts, and
linguistics, but nonetheless serve to potentially link or identify charac
lves relate
features of the author of the 550 blog postings to Ki. While the references themse
directly to the Q blog postings, the association with Ki should be readily appare nt.
The author of the Q blog postings chooses to respond to various online newspaper articles
relating to the River Birch case. Of the 550 postings, 45, approximately 8%, related either
l of the
directly or tangentially to the River Birch case, and/or parties involved in it. Severa
postings even seem to relate specifically to the legal issue presen ted in Kl.
e:
In the Q communications, the dates of the River Birch-related postings includ
09/03/11, three times 09/04/Il, four times
09/05/11 09/06/11, four times
09/07/11 09/08/11, three times
09/21/11. two tines 10/12/Il
10/15/11 10/19/11
10/26/11 11/04/11
11/05/i 1. two times iiO9iil
11/10/il 11/12./li
11/17/1 1, three tImes 12/02/li
12/15/11. thur times 12/18/11, two times
01/21/12 01/13/12
01/18/12 01/19/12, two times
02’04/l 2, two times
Case 2:12-cv-00922-SSV-ALC Document 1-7 Filed 04/10/12 Page 12 of 13
In most, if not all, of these postings, the author writes in a generally negative tone toward the
accused, their legal representation. andJor others associated with the non-government side of the
case.
In seven of the 550 blog postings, the author has expressed an interest in the United States
Attorney’s (USA) Office, “Feds,” and/or “agents and assistants,” and has posted accordingly.
In the Q communications, the dates of the USA’s Office and/or “Feds” postings include:
09/04/11
10/15/11
11/01/11
11/09/11
01/19/12
01/20/12
01/21/12
02/14/12
In most, if not all, of these postings, the author writes in a very positive tone toward the USA’s
Office, the “Feds,” and others so associated.
In a very specific posting, Q 09/04/11, the author writes: .the brains of that operation of
“. .
Poydras is Jan Mann. Don ‘t ever underestimate her. Even Letten listens to her... and Heebe ‘s
goose is cooked.”
It is noted that one of the signatories of K1 is Assistant United States Attorney James Mann.
AGI is unaware of the relationship, if any, between James Mann and Jan Mann, the latter also
apparently associated with the USA’s Office. Lastly, in Kl, “Letten” is identified as the United
States Attorney for the Eastern District of Louisiana and “Poydras” is the street upon which the
USA’s Office is located.
Nowhere in the 550 biog postings does the author provide his name, address, or other specific
personal information. He remains anonymous throughout. However, he does include some
imforrration that, while contradictory at times. may be suggestive of some demographic traits
These include:
1. The author claims in several different postings to be an attorney. He does not claim
another profession throughout the postings. Specifically, he refers to himself as a retired
attorney, although his listed age and referenced law school graduation date do not seem
Case 2:12-cv-00922-SSV-ALC Document 1-7 Filed 04/10/12 Page 13 of 13
to match. He claims to have attended law school with a “John Volz.” This person is
unkno to AGI.
2. The author claims to be in his mid-70s. Yet, by his law school graduation year, he would
be closer to 87. He also claims to remember a 1971 fatal car chase involving the police.
As the author of the Q communications/blog postings claims to be an attorney, albeit retired, and
AGI opines that the writing style and the vocabulary of the author are both of excellent quality,
this particular autobiographical statement, as it applies to “Henry L. Menckenl95l,” may be the
most telling and identifring of all he writes.
CONCLUSION
Overall, it is the opinion of AGI that the writing style of the Q communications, when compared
to the writing style of the author of KI, is CONSISTENT to the degree of Highly Distinctive.
1
While there are noted differences in some of the features and lexical choices utilized by the
author of the Q communications and the author of KI, mostly due to the genre differences, they
are greatly outweighed by the use of the unusual, uncommon and idiosyncratic lexical features,
stylistic features, literary, and topical and thematic features found therein.
If there are any questions or comments regarding this report, please feel free to contact James R.
Fitzgerald at 703 330. 0697 or at jitzgera1dacademvgrouprn.
Consistent Outcome Distinctiveness Scale (in descending order); A. Exceptionally distinctive the possibility of
—
—
this combination of features being shared by other speakers is considered to be remote; B. Highly distinctive; C.
Distinctive; D. Moderately distinctive; E. Not distinctive,