‘Liberty, justice and fairness’

Former DA voices support for unanimous jury decisions

A former Grant Parish district attorney said the constitutional amendment that would require Louisiana to have unanimous juries in felony trials is one of the most important voters will consider.

Ed Tarpley told Greater Lake Charles Rotary Club members on Wednesday that he supports amendment No. 2, which goes before voters Nov. 6. It would apply to crimes committed on or after Jan. 1, 2019.

Louisiana and Oregon are the only states that do not require a unanimous jury verdict in felony cases.

“How can you say a person has been convicted beyond a reasonable doubt if one or two people on the jury still have doubt,” he asked. “It simply doesn’t make any sense.”

From 1803 until 1880, Louisiana had unanimous jury trials. The law was changed during the post-Reconstruction era, requiring nine out of 12 jurors to agree on a verdict. It became part of the state’s constitution in 1890 before being changed to 10 jurors during the 1973 constitutional convention.

For juries of six, there must be a unanimous decision, Tarpley said. Unanimous juries are also required for firstdegree murder cases.

Tarpley said the decision in 1880 to take away the unanimous jury law made it easier to convict African Americans under Jim Crow-Era laws. But other southern states, like Texas, Arkansas and Mississippi, kept the law in place.

“It’s a shameful and unfortunate period in history for our state,” he said.

Louisiana has the fastest deliberation time because if 10 jurors agree on a verdict, the case is over. Tarpley said half of the cases where people were exonerated came from nonunanimous jury verdicts.

“This hangs like a cloud over Louisiana,” he said. “It affects how cases are prosecuted and defended.”

Tarpley said he believes district attorneys will support the new amendment, if passed.

State lawmakers approved putting the amendment on the November ballot during the spring legislative session. Calcasieu Parish District Attorney John DeRosier came under fire in April during a House committee meeting after voicing concerns.

DeRosier said on Wednesday that his position on unanimous juries has not changed. He mentioned finding nine out of 12 cases over the last 20 to 30 years that were reversed because of insufficient evidence.

“I’m not saying that’s the gospel, but the empirical data doesn’t support the statement that unanimous verdicts are more reliable than 10 out of 12,” DeRosier said.

Retroactivity is DeRosier’s biggest concern. He said if a federal judge rules that the amendment creates a ‘liberty interest’ and may be held to be retroactive, it could “open the flood gates for new trials for people who have already been convicted by non-unanimous juries.”

DeRosier said his office “can live with unanimous juries.”

“It’ll be more difficult, but we’ll survive,” he said.

Tarpley, who has his own defense law firm in Alexandria, urged Rotarians to encourage residents to vote for the amendment.

“This is a real turning point for Louisiana to send a message to the rest of the nation that we love liberty, justice and fairness,” he said.

‘This hangs like a cloud over Louisiana. It affects how cases are prosecuted and defended.’

Ed Tarpley

Former Grant Parish district attorney

””

Ed Tarpley speaking to the Greater Lake Charles Rotary Club on his support for Amendment No. 2, Wednesday, Oct. 3, 2018. If approved by voters, it would require jurors to reach a unanimous decision for a conviction.

John GuidrozCalcasieu Parish Government and Cameron Parish Reporter
https://www.americanpress.com/content/tncms/avatars/7/a3/7a4/7a37a4a0-3a63-11e7-927b-9ba95362f7b9.0fc7b7e12d3b2e55cd1cef3a44ac29dd.png

SportsPlus

Local News

Cold weather advisory continues in SW La.

Local News

After New Orleans attack, Cassidy urging Americans to ‘not live in fear’

life

PHOTO GALLERY: Mardi Gras is officially underway

Local News

UPDATE: 38 Calcasieu schools affected by Stratigos Dynamics bankruptcy announcement

life

Faith & Family: Three local ministers answer, ‘Why pray?’ 

Crime

Bogalusa mayor arrested on drug, solicitation charges

McNeese Sports

Sharp-shooting Cowboys roll Demons

Local News

New year, new laws on Louisiana books

Local News

Colder temperatures will remain across SW La. this week

McNeese Sports

Cowboys sign 4 on eve of semester

Local News

Second Harvest mobilizes to support South Louisiana during extreme cold 

Local News

SW La. resident — who was nation’s first severe bird flu case — has died

McNeese Sports

Garcia earns SLC honor

Crime

1/6: Calcasieu Parish Sheriff announces arrest list

Local News

Congress certifies Trump’s 2024 win — without the Jan. 6 mob violence of four years ago

Local News

Jeff Davis School Board’s new president explains his vision for new year

Local News

Canadian Prime Minister Justin Trudeau announces his resignation

Local News

Biden traveling to New Orleans following French Quarter attack that killed 14

McNeese Sports

Cowboys set to add trio of FBS players

life

What are your hopes for the new year? We asked readers to share their thoughts

Local News

Trump will be sentenced Jan. 10, but judge indicates no jail time

Local News

Cold front, severe weather expected in SW La. Sunday afternoon

McNeese Sports

Cowboys, Garcia stay hot

Local News

Qualifying opens later this month for March 29 elections