UPDATE: New molestation trial granted not because of deputy, but because of alleged actions by girl’s mother
A motion by the defense for a new trial in the case of Joshua Boyd — convicted of molestation and sexual battery of a juvenile last week — did not site alleged comments by a Calcasieu Parish Sheriff’s Office deputy as the reason for the filing. Instead the defense claims the mother of the child who testified against Boyd was “coaching” her during the trial.
Calcasieu Parish Public Defender King Alexander writes in the motion that the mother was “vigorously shaking her head ‘no’ to certain questions posted by counsel, and vigorously nodding her head ‘yes’ to certain other questions posed by counsel, all while maintaining eye contact with the witness and vice versa.”
King’s motion said he was unaware of the mother’s alleged actions until after the jury had begun deliberations.
The motion claims two courtroom security officers, both employed by CPSO, informed the defense of “the illegal conduct that had occurred” once the jury had been removed from the courtroom.
During a chamber conference immediately thereafter, Judge Joseph Pousson’s bailiff told him he had also noticed inappropriate behavior by the mother the day before her daughter testified and directed the mother to sit against the wall so she would be not be in the line of sight of jurors. He claimed the mother had been “making facial expressions and reactions that were visibly distracting the jury.”
As the jurors continued their deliberations outside of the courtroom, Pousson conducted an on-the-record hearing with the two CPSO deputies — Capt. Todd Ory and Lt. Craig Guillory —and Bailiff Keith DeVillier. Guillory testified he did not see the alleged head movements by the mother because his focus was on the jury but did notice the “jury-districting conduct” by the mother the day prior when she was asked by the bailiff to change seats.
“Capt. Ory and Bailiff DeVillier confirmed that they had seen (the mother) coaching (the child) when to give ‘yes’ and ‘no’ answers by her head movements,” the motion reads.
After the jury returned an unanimous guilty verdict for molestation and sexual battery, King filed the motion for a new trial. Pousson granted the request, but gave the prosecution 30 days to file an appeal to a higher court.
Bethany Bryant, spokesperson for the Calcasieu Parish District Attorney’s Office, said their office has filed a writ — a review of nonappealable judgments — to the Louisiana 3rd Circuit Court of Appeal.
On Thursday, Sheriff Stitch Guillory told the American Press that Ory has been placed on paid administrative leave pending an internal investigation into alleged separate comments he made to Boyd and King while the jury was deliberating. King does not cite any inappropriate comments by Ory in his motion.