New Developments and General Discussion, 08/10/2012

[Crimson clover]

Here's a little example of the accent
Old cajun man explains the scene of a crime - YouTube

For some humor--google Cajun OnStar on youtube

How SO stupid our Cajun language and accent comes across to the outside world! The local media always finds the most unflattering spokespeople to comment news events. Ugggghhhh.

 

[SteveP]

How SO stupid our Cajun language and accent comes across to the outside world! The local media always finds the most unflattering spokespeople to comment news events. Ugggghhhh.

I Live in North Carolina, and find the Cajun accent very pleasant...Used to love to watch Justin Wilson many years ago..I gar on tee it!

ETA... he also gave me my first love for your outstanding food!

 

[FOTOBUG]

This one?

I agree, that's how the cemetery was originally spelled, but cannot remember

verification.

 

[danzn16]

BS Lavergne intentionally set his 2011 Silverado on fire, then purchased a 2009 Silverado...
A search on the price of the 2009 replacement truck would have been approximately $25,000.00. This would have given BSL about $9,000.00 working capital/travel expenses.

Glad they arrested him on July 5, 2012 before he absconded and truly became an everywhere, nowhere man...


http://autos.aol.com/used/kbb/Chevr...+Cab-LT_Pickup_4D_5_3_4_ft/2009/retail-value/

but that was if the truck was completely paid for correct? in most cases of brand new trucks that just pays off the bank since the owner is still making payments on their vehicle.

 

[Kateinfl]

Some info I found on searches about evidentiary hearings:

http://www.legalinfo.com/content/criminal-law/stages-of-a-criminal-case-preliminary-hearing.html

Arraignment - Wikipedia, the free encyclopedia
"If the defendant pleads guilty, an evidentiary hearing usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors, and the defendant's character, and passes sentence. If the defendant pleads not guilty, a date is set for a preliminary hearing or a trial."

He did plead not guilty....so is this hearing to set a date for a trial ...or i wonder if he is going to change his plea to guilty

 

[Kateinfl]

Also..in many cases i have watched...you see the perp in the court room. I'd love to see what BSL looks like with a live shot of him. All they seem to show are mug shots? Does LA have some kind of law where they won't show the perp in court room? Even in Co..they showed the joker ....dyed red headed perp live on tv. I was just wondering why they aren't letting us see him ????

 

[justwannahelp]

"Perpetuation of testimony"
http://www.katc.com/files/evidencedox1.pdf

Could this be a "confession" given by BSL in court while under oath?

OR could the person he confessed to be testifying as to BSL's
admission of guilt ?

I think as far as Priests go testimony and confession go hand in hand...
or not.
:waitasec: color me confused!

I just spoke with an attorney from downtown Baton Rouge. He explained to me what the following means

"the State requests the fixing of an evidentiary hearing,
limited to the perpetuation of testimony"

First he said that in general, an evidentiary hearing is a hearing to see what evidence will be allowed in court and to what extent. He says that evidence consists of 2 things: testimonies and exhibits.

According to the above quote, the state is requesting that the defense present what testimonies they would like to use at trial. The Judge decides what will be allowed before the jury and to what extent.

It's hard to come up with an example of a testimony that the defense may want to use since BSL seems so guilty and since those near and dear to him are suspicious of him - at least according to the Cajunnet.

The atty, not following this case very closely, could only come up with an example of a testimony for the STATE, that the Judge might deny - CH saying how BSL harrassed her etc. The Judge might not allow that testimony in trial. So, that's the purpose of an evidentiary hearing - to decide what evidence will or will not be allowed to be used during the trial before the jury.

THIS particular evidentiary hearing on Friday is for the Defense to show the Judge what TESTIMONIES they want to use in trial before the jury. The hearing on Friday will not include what exhibits they want to use. They will most likely have a separate hearing for exhibits.

FWIW, all of this above is according to a Baton Rouge attorney.

It makes sense to me now, so I hope he's right.

 

[Foxfire]

Arraignment - Wikipedia, the free encyclopedia
"If the defendant pleads guilty, an evidentiary hearing usually follows. The court is not required to accept a guilty plea. During the hearing, the judge assesses the offense, the mitigating factors, and the defendant's character, and passes sentence.

"If BS Lavergne, admits guilt, and is sentenced during this hearing. I sure hope the Shunick & Pate family are allowed to give victim impact statements".

 

[FOTOBUG]

http://www.theadvertiser.com/articl...4022/Hearing-set-Friday-Brandon-Lavergne-case

Hearing set Friday in Brandon Lavergne case

"Fifteenth Judicial District Court Judge Herman Clause set an evidentiary hearing for 10 a.m. Friday in the case of Brandon Scott Lavergne, the man accused of killing Mickey Shunick and Lisa Pate.

Assistant District Attorney Keith Stutes, lead prosecutor in the case, requested the hearing this morning.

The request states that the evidentiary hearing be "limited to the perpetuation of testimony."

Lavergne was indicted July 18 by a Lafayette grand jury for the first-degree murder of Shunick and Pate."


Does anyone understand what this hearing will be about or for? I thought because he already was indicted by the grand jury this wasn't neccessary? Here is what I could find about this kind of hearing: Preliminary hearing - Wikipedia, the free encyclopedia

I believe the hearing is to give BSL an opportunity to plead guilty, if this is what he choses to do, since the discovery of MS's body. So the landscape changes and goes into a different mode, however I do not know what the next step is. But we shall find out soon enough.

 

[Simply Caustic]

Hiya! I've been following this thread from the beginning, and appreciate all the hard work youse guyse put in.

I'd like to share some information re: the evidentiary hearing. I know nothing about LA law - (hey wasn't that a TV show in the 80s?) - but I do know about criminal law in Illinois (Specifically Cook and Will County). That being said, herrrrre goes.

What I glean from a cursory glance at this Motion to Fix Evidentiary Hearing, and researching the applicable law - by going to the Grand Jury to obtain the indictment, the prosecutor's office was able to avoid the requirement of a preliminary hearing (which by definition gives up waaaaay more to the defense than is required at a GJ.)
I'm sure we've all heard that joke.. "a GJ will indict a ham sandwich"..i.e., it's easy to get an indictment.
That's why they are preferable - You are not tipping your hand to the defense.

HOWEVER, they (PROSECUTION) have now requested the Preliminary Hearing (which is not a requirement when indicted by a GJ).

I'll avoid any conjecture as to what conclusions could be drawn from the Prosecutor's office's decision to request the Evidentiary Hearing, and instead just state that I think this is, clearly, an excellent decision on behalf of the Prosecutor.

Thank ya!

 

[justwannahelp]

Also..in many cases i have watched...you see the perp in the court room. I'd love to see what BSL looks like with a live shot of him. All they seem to show are mug shots? Does LA have some kind of law where they won't show the perp in court room? Even in Co..they showed the joker ....dyed red headed perp live on tv. I was just wondering why they aren't letting us see him ????

They didn't allow the reporters in the actual room for his arraignment. They had to watch over video in a completely different building next to the jail. This was all said to be done for "security" purposes. I found it a little ridiculous. No one was rioting or picketing in any way. They may have had other reasons that we don't know about.

I'm guessing they will bring him to the "real" courtroom Friday since there wasn't a big fuss of angry crowds for the arraignment. Just a guess

 

[FOTOBUG]

I would imagine bsl could make more $$$$ from the insurance company claim than trading the truck + probably too much evidence to try to clean up. Taking no chances.

 

[justwannahelp]

Hiya! I've been following this thread from the beginning, and appreciate all the hard work youse guyse put in.

I'd like to share some information re: the evidentiary hearing. I know nothing about LA law - (hey wasn't that a TV show in the 80s?) - but I do know about criminal law in Illinois (Specifically Cook and Will County). That being said, herrrrre goes.

What I glean from a cursory glance at this Motion to Fix Evidentiary Hearing, and researching the applicable law - by going to the Grand Jury to obtain the indictment, the prosecutor's office was able to avoid the requirement of a preliminary hearing (which by definition gives up waaaaay more to the defense than is required at a GJ.)
I'm sure we've all heard that joke.. "a GJ will indict a ham sandwich"..i.e., it's easy to get an indictment.
That's why they are preferable - You are not tipping your hand to the defense.

HOWEVER, they (PROSECUTION) have now requested the Preliminary Hearing (which is not a requirement when indicted by a GJ).

I'll avoid any conjecture as to what conclusions could be drawn from the Prosecutor's office's decision to request the Evidentiary Hearing, and instead just state that I think this is, clearly, an excellent decision on behalf of the Prosecutor.

Thank ya!

sooooo, since the prosecution requested the hearing, only the defense has to "show their hand" and not the prosecution?? i feel like the prosecution kind of already did with that disclosure statement released a little over a week ago, but does that excuse them from "showing their cards" in court on Friday

 

[HouDat]

I Live in North Carolina, and find the Cajun accent very pleasant...Used to love to watch Justin Wilson many years ago..I gar on tee it!

ETA... he also gave me my first love for your outstanding food!

No disrespect intended, but Justin Wilson was not Cajun. His accent was not Cajun. His attire was not Cajun.

His cooking was not true Cajun, though he did have some recipes (tasty ones, I might add) which were pretty close. His work-related travels often placed him in Cajun Country, where he picked up some of his ideas and inspiration.

I enjoyed his show, as a kid. But later, when it dawned on me that no Cajun I grew up with/around ever says "un-yawns" and "gar-awn-tee", etc., I researched and discovered that it's an act and nothing more.

 

[Simply Caustic]

sooooo, since the prosecution requested the hearing, only the defense has to "show their hand" and not the prosecution?? i feel like the prosecution kind of already did with that disclosure statement released a little over a week ago, but does that excuse them from "showing their cards" in court on Friday

No..regardless of who requested it, the prosecution has to 'show their hand' tomorrow (in respect to the particular piece of evidence - likely, testimony, in question). This is not a mandatory hearing - they requested it. To me, that shows that their 'hand', as it were...is damned good. There are a plethora of potential reasons for the request for this hearing - none of which, IMO, is bad for the prosecution - many of which, IMO, are very good.

 

[K.jill]

No..regardless of who requested it, the prosecution has to 'show their hand' tomorrow (in respect to the particular piece of evidence - likely, testimony, in question). This is not a mandatory hearing - they requested it. To me, that shows that their 'hand', as it were...is damned . There are a plethora of potential reasons for the request for this hearing - none of which, IMO, is bad for the prosecution - many of which, IMO, are very good.

Does the prosecution's request for this hearing give us any indication if there has been a plea bargain made?

 

[Fishin'chick]

For some reason, the burned truck on Hues Rd. is bothering me so much. That road is out in the middle of nowhere, with so few residences even around it. I'm just thinking 'out loud' but for it to have been found at 4 a.m., I would think he would have had to park it somewhere near the intersection of either Stringtown Rd. or FM 223. My bets would be the farm to market road. I just don't see how anyone could have seen it, unless it was close to one of the few houses out there. All JMO.

The police report has the name of the person that reported the burning truck. I checked SanJacCAD for the name and discovered that person lives in the middle part of Hues Road where it appears to dead end and then start again on the other side of property.

MOO but I would think that a burning truck in the middle of nowhere while still dark outside was pretty noticible to people who lived there or maybe there was a loud noise from gas tanks exploding.

I also have no clue how he would get back to Conroe as there really isn't much in Shepard, esp at that time of day.


Different topic -- if he keeps a shaving kit in his truck for offshore purposes, maybe this is where Mickey could have gotten a weapon. MOO and just a thought.

 

[FOTOBUG]

Louisiana law differs from all other states.

 

[justwannahelp]

Does the prosecution's request for this hearing give us any indication if there has been a plea bargain made?

If he confessed, would that "testimony" come out on Friday? That's a pretty pertinent testimony, so I'm guessing it would??

 

[FOTOBUG]

Dog biscuits soaked in milk, lol !!!