Foreword
It’s election week in Louisiana and Caddo Parish. Everything from Louisiana Governor to Caddo Parish District Attorney, Caddo Parish Sheriff, and Caddo Commission seats are up for grabs. You can find the names of all the candidates along with your voting location and a sample ballot on the Louisiana Secretary of State website here: https://voterportal.sos.la.gov/Ballot/Index?uid=781493
First things first, the election is this Saturday, October 24th. Be prepared to get in line and ROCK THE VOTE.
Every single office listed above, among others, has been the subject of debate, scandal, investigation, and public inquiry. This election is not just about who gets elected, but where our city, parish, and state will go for the next term. Do not take this opportunity lightly. We urge you as members of this community and of this state to get out and vote. The vote is the power you wield that is capable of moving mountains, changing the status quo, and making the world a better place. Let’s make our choice for each other, for us!
Heliopolis has spent the last two months searching for the right questions to ask all of the candidates for the Caddo Parish District Attorney’s Office with the aim of informing citizens of Caddo Parish of the professional qualifications, history, and priorities of each individual’s potential service to the community. We came up with twenty questions that address a series of topics we found to be important to the next District Attorney. These questions help us understand the role of DA, and what steps, if any, they believe can be taken to address the topics discussed. The questions are detailed and pointed, but we have made an attempt to include an array of topics which represent the interests of the community which are of concern today or will be in the coming years.
Of the six candidates, four accepted (in alphabetical order): Lee Harville, Mark Rogers, Casey Simpson, and Dhu Thompson. Candidates James Stewart and LaLeshia Walker Alford were contacted and expressed initial interest, but did not return followup emails or complete the questionnaire. The candidates who did respond are a part of this online forum which seeks to gain perspective on each candidate’s stance on issues regarding public safety, the justice system, and the role of district attorney. After a series of twenty questions, we worked to pare down the candidate’s views on a variety of topics for quick reference in an overview table which is immediately below, followed by their complete, unabridged responses to each question. Candidates were not privy to each other’s responses. They were allowed to influence corrections to their section of the overview table by sending clarification to us.
This questionnaire and quick reference table should serve as an accessible and transparent window into the candidates so that you can make a more informed decision before heading to your voting booth this Saturday, Oct. 24.
DISCLOSURE: Chris Lyon, one of the editors of Heliopolis, has consulted and done video work for candidate Lee Harville.
Table of Issues
Lee Harville | Mark Rogers | Casey Simpson | Dhu Thompson | |
leeharvilleforda.com | markrogersforcaddoda.com | jcaseysimpson.com | dhuthompsonforda.com | |
RACE EQUALITY IN JUSTICE (#9, #10) | Believes an unfair justice system and socioeconomic circumstance is the cause of the divide. | Believes that citizens are the forcers of change on this issue. More time will make the difference. | Believes the system is inherently racist and a changing of the guard is the solution. | Believes better education is the key to equality in justice. |
GENDER EQUALITY IN JUSTICE (#15) | Believe gender roles should not have a place in the way justice is delivered. | Believes the changing of related laws will follow national trend. | Believes the old guard is being confronted by younger generations. | Bound by current law, but will be open to applying new laws as they are made or changed. |
THE WAR ON DRUGS (#7) | Would seek to implement alternative treatments options like counseling and education. | Would wage a war on addiction, not addicts. | Would address drugs at the front end through public outreach and awareness. | Would suggest alternate rehab options for first time offenders but retain a zero tolerance policy on violence |
FOR PROFIT PRISONS (#16) | Believes these prisons sacrifice community safety for profit. | Thinks there is no room for prisons based on profits. | Does not support for-profit prisons. | Does not believe that there is a current system in place that proposes unnecessary incarceration. |
CAPITAL PUNISHMENT (#14) | Will seek death penalty only where it is deemed necessary. | Will stop seeking the death penalty, seeking life without parole instead. | Will seek death penalty where it is deemed necessary. | Will seek death penalty where it is deemed necessary. |
FISCAL RESPONSIBILITY (#8) | Use effective pre-trial screening and cooperative efforts to reduce jail time for nonviolent crimes and engage them in diversion programs. | Spend less money on the death penalty, more money on domestic violence. | Try cases of merit, dismiss iffy cases, implement better case management, and accelerate prosecution of cases accepted for prosecution of violent crimes. | Make an initial investment in technology to modernize the office and phase out antiquated measures of presenting a case. |
GREATEST PRIORITY (#3) | “Changing the culture of the office by focusing on accountability, integrity, and transparency.” | “Domestic violence. Most defendants in the criminal justice system come from broken homes and have little education.” | “Attack incarceration by dismissing iffy cases and concentrating on violent criminal prosecutions.” | “Modernize the office, expanding diversion to incorporate business and faith-based initiatives, specialized units for homicide and domestic violence” |
QUALIFICATIONS (#18) | “I have been a prosecutor, a defense attorney, a law clerk in federal court, and a staff attorney for a federal appeals court. I have prosecuted the guilty and defended the innocent. I have successfully started and grown a small business in an economic downturn.” | “I have been neck deep in the carnage of the trial court trenches for seven years. I have reached the pinnacle of efficiency on the defense side, and the only way for me to help make this system work better is to start working on the prosecution side.” | “I developed a professional practice in general law, thousands of cases involving many issues, hundreds of criminal law cases, juvenile delinquent representation, corporate insurance litigation and mediation management, in addition to my personal and spiritual experience and growth.” | “I am a career prosecutor with over a decade experience in trying the spectrum of violent crimes, including death penalty cases. I have the most recent experience, having tried a capital murder case last year and a second degree murder case just two weeks ago.” |
Questionnaire
Jump to a question by clicking the question text or scroll past these questions to see all questions and answers together. We encourage citizens to take the time to read all the questions and responses to gain a more complete picture of each candidate.
3. What would be your area of greatest priority if you were to be elected?
Candidate Answers
1. Explain the job of district attorney. What are the roles and responsibilities required? Which is most important to you? Please keep this answer straightforward and avoid using anecdotes.
(HARVILLE) Among other functions, the District Attorney’s Office decides how those charged with crimes will be treated. In so doing, the District Attorney’s Office decides who gets a second chance, who will be prosecuted, who could be executed, and which cases will be dismissed. The District Attorney’s Office also can investigate conduct that may be criminal when no arrests have been made.
To perform these duties effectively, the District Attorney must be more than a trial attorney. The District Attorney must be a leader, who can (1) train his staff in the culture of the office; (2) supervise them as they work within their discretion to resolve cases; and (3) communicate with law enforcement, defense attorneys, community groups, and others who play direct or indirect roles in the criminal justice system.
(ROGERS) Louisiana Code of Criminal Procedure, article 61 states in its entirety: “Subject to the supervision of the attorney general as provided in Article 62, the district attorney has entire charge and control of every criminal prosecution instituted or pending in his district, and determines whom, when, and how he shall prosecute.”
So, the DA is the chief law enforcement officer in the parish. The DA takes reports from law enforcement and decides what course of action to take in prosecuting, and ultimately disposing of a case through diversion, plea agreement, or trial. I believe the most important function of a DA is to screen cases as to what charge is appropriate to file as to the facts alleged, the strength of the evidence supporting the allegations, and any and all other factors specific to any case to insure that 1. Crimes are prosecuted fairly and efficiently; and 2. That justice is served for all.
(SIMPSON) These words are important: The elected District Attorney is the state’s chief law enforcement elected official of his jurisdiction regarding both legal and geographic boundaries. Felonies committed that violate state law within his judicial district are under his sole discretion whether to file formal charges; whether the case is rejected for prosecution, or dismissed or charge reduced later, his decision is not appealable. Moreover, the DA can re-file a case if additional evidence should be discovered. Should a federal criminal provision of the law be at issue, however, the United States Attorney has power and control of any investigation that might be accepted from the investigating agency, maybe the FBI depending on the issues; one is state, the other is federal. Both are prosecutors in the executive sense, although the President appoints the US Attorney. Louisiana voters in his judicial district elect a DA.
The state’s District Attorney is the official, responsible, accountable, prosecutor in the executive sense. For example, there are 165,000 voters in Caddo Parish. His service is to all those citizens and others residing therein, to provide professional criminal justice administration to the public, as a public service paid for by taxpaying citizens of the jurisdiction, but also by fines and fees in cases. The District Attorney is not a Judge. A judge may dismiss a charge once it is filed in court by the DA’s office by an assistant district attorney who serves at the pleasure of the elected district attorney.
Finally, the Louisiana State Attorney General (AG) defends the state in civil actions, and also has criminal prosecutorial powers over the whole state, overlapping the District Attorney’s jurisdiction. An AG may take over a DA’s criminal case in event of a conflict of interest.
(THOMPSON) As a career prosecutor, I have always lived by the principles found in the case of Berger v. United States, which states in pertinent part:
The prosecutor is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor-indeed – he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one.
2. How much influence on the process of charging an individual does the DA have? How can the DA focus the efforts of the justice system on prosecuting criminals who truly threaten our community?
(HARVILLE) The District Attorney should set the policies and culture of the office: to do justice with accountability, integrity, and transparency. This policy should be at the heart of the charging process in each case. To make the office run effectively, however, individual assistants should have the authority to resolve their assigned cases.
Supervision, regular internal meetings, and an external complaint process will guide this discretion. Effectiveness of the discretion will be discussed at regular meetings with law enforcement, community groups, and other involved in the criminal justice system.
(ROGERS) The DA has full authority subject to the supervision of the attorney general. DA decides what resources go where and how much. The DA discretion ranges from dismissal, diversion, reduction to lower grade charge, recommended probation, charge as billable, recommending hard labor, [offering for the defendant to] plead guilty to all counts as charged with sentence to the court, charge maximum, [the choice to offer] no [plea deal], trial and full sentence hearing to put on all aggravating evidence to seek the maximum sentence, after conviction seek multiple offender sentence enhancement to increase maximum possibly to life, and death.
(SIMPSON) The DA has sole power to charge, or reject, or divert, or even hold in suspense pending any conditions he might wish to have satisfied such as abuse treatment for the arrestee. He has immense power to achieve good. The smart DA can focus the efforts of the justice system like a laser beam on a crime that might be rampantly occurring, a neighborhood or gang criminal conduct, for example, by assisting law enforcement investigations and efforts, by bringing the full weight of state law down on offenders who refuse to correct their conduct, and the full political power of the DA’s office into play in persuading city and state political resources, for the benefit of his constituents.
(THOMPSON) The District Attorney ultimately has the responsibility for charging decisions. It is important that the District Attorney increase and enhance the evaluation skills of the assistant district attorneys in order to have an efficient and just process in charging decisions.
3. What would be your area of greatest priority if you were to be elected?
(HARVILLE) Changing the culture of the office. The criminal justice system should make us safer in an open and transparent manner that protects our constitutional rights. Justice, not winning, is what is paramount. This will be done by focusing on accountability, integrity, and transparency as outlined in my platform.
(ROGERS) Domestic violence. Domestic violence begets additional crime more than any other. Most defendants in the criminal justice system come from broken homes and have little education. We have to fix this, not just by taking a hard stance after an incident has occurred, but by putting resources into education, problem solving, and communication improvement so that when people are frustrated in their relationships, they have tools to deal with the emotions at hand without violence.
(SIMPSON) Burn the candle at both ends; attack incarceration by dismissing iffy cases, and asking courts for lower bonds of many inmates who have yet to plead, or be convicted at trial, while concentrating on boosting the energy behind violent criminal prosecutions, and third, I will work personally in the neighborhoods, homes, and community gathering places as mentor and model. A non-violent offender should not be held but for raising a $500 bail. One man has been awaiting trial, incarcerated, for SEVEN (7) years.
(THOMPSON) My greatest priority would be to modernize the District Attorney’s Office, which includes expanding diversion to incorporate business and faith-based initiatives, specialized units for homicide and domestic violence, and the incorporation of modern technology to trial presentations.
4. What areas of improvement for prosecution, police, and the legal system do you see, if any, in Caddo Parish? If you believe there are areas for improvement, how would you aim to address them? If there are multiple responses, please address each separately.
(HARVILLE) We need to work together, to respect one another’s roles, and to realize that safety and justice require cooperation and candor among all groups involved in criminal justice. In the courtroom, we are adversaries who will try the strength of one another’s case. Outside of the courtroom, we are a team that can make all of Caddo Parish safe, can empower all of Caddo Parish, and can bring justice to us all.
(ROGERS) First, we need to decrease the amount of time needed to screen and to supply discovery and police reports to defense counsel to expedite resolutions in non-violent low risk cases. Next, we need to work with Shreveport Parks and Recreation (SPAR) and their community center service model that they implement to supply education, resources, and counseling to high risk individuals/areas to prevent crime and increase positive relationships with law enforcement and the community. Finally, I need to go to specific problem areas in person, to meet with and team up with high-risk individuals in the community to ask them to help mentor other high risk individuals to become role models.
(SIMPSON) Unprofessional personality conflicts – competing egos or just not caring – are responsible for much of our problems; packed jails and expensive Capital cases. The DA budget now is up to $8,000,000. Capital cases are automatically reviewable by the appeals court. Many are remanded for retrial due to the seriousness of the penalty; death. Therefore the pain and anguish of the victims is aggravated, and closure is stalled. Many reasons suggest looking harder at the death penalty, but to not dismiss the option of using it in pleas in order to avoid costly trials altogether when a life sentence is actually the appropriate penalty. Our goal is rehabilitation, not killing.
(THOMPSON) For prosecutions, I would institute charge conferences for capital murder prosecutions to enhance the credibility in the charging decisions. For police, I would offer joint task force community projects to educate the public on the day to day activities of law enforcement in order to facilitate a better public understanding of the value of our police agencies. For the legal system, I would strive to overhaul the jury system to have a continuous jury pool, which affords the system more opportunities for trials.
5. What responsibility and capacity does the DA carry to encourage peaceful interaction between law enforcement and citizens? Would you consider social functions, new sensitivity and de-escalation techniques along with technology (from social media to body cameras) to foster mutual trust and respect?
(HARVILLE) The district attorney has a responsibility to ensure that the criminal justice system is run in a fair, just, and inclusive manner. This can be done most effectively by including all involved in the criminal justice system: victims, law enforcement, defense attorneys, the accused, community groups, and others. We can address the impact and effectiveness of body cameras, two-man police units, and other policing, community, and legal innovations to address the dynamic and evolving needs and safety of all involved in the criminal justice system. By allowing all to have a voice in the system, complaints can be addressed and policies explained and corrected as necessary. By working with one another (in person at neighborhood association meetings, in private and public meetings, and through social media), common needs and desires can be addressed, respect can be built, and differences worked through in a responsible and respectful manner.
(ROGERS) As a public servant, the DA has a lot of responsibility but little capacity to encourage peaceful interaction between law enforcement and citizens. The ultimate capacity rests upon the sheriff and chiefs of police. I would support any and all measures (especially new technology) to foster mutual trust and respect.
(SIMPSON) You’ve been reading my platform, thank you. Seriously, though, this is my platform. I would make it happen, not just consider all available remedies and contributions to community wellness including those you asked about in this question. I am a professional negotiator. I am trained to forge alliances, to find solutions.
(THOMPSON) While I routinely defer to local policing agencies regarding their policies, I would certainly encourage the use of body cameras, as cameras can prove a defendant’s guilt just as easily as they can exonerate an individual.
6. Louisiana has the highest incarceration of any nation or state in the world. Is this a commentary on the people who live here or the legal system’s approach to justice?
(HARVILLE) The current incarceration rate is a reflection of a flawed legal system. The current focus is on reactive punishment. The focus needs to be on proactively giving non-violent offenders a way to break a potential cycle of crime before it starts. If non-violent defendants want to own their wrongs and better themselves, they should be given the opportunity and the tools to do so, rather than becoming part of an unproductive and expensive cycle of crime.
This will save taxpayer money, reduce court backlogs, decrease pretrial detention rates, decrease prison population, reduce crime, and decrease victimization.
(ROGERS) Both. The people who live here create and endorse the legal system’s approach to justice. Traditionally, that approach has been harsher sentences and “tough” on crime approach. Only recently have we begun to rethink our stance and realize that “tough” on crime doesn’t stop, or even slow down crime. We have to be “smart” on crime. The people who live here are tired of having their family and friends locked up with the criminals they wanted to be tough on.
(SIMPSON) Both. Only 42 percent voted last fall in US Senate and local elections. This apathy was caused by local media ignoring, even being complicit in ignoring reporting on investigations and cases of violations of public trust, corruption, abuse of office, malfeasance, all that went not prosecuted, and to include this: financing of elections; donations by concentrated donors have been controlled by too few not representative of the parish public interest.
Money changers impede the service of criminal justice to the public.
(THOMPSON) There are recent measures being discussed between prosecutors and the Judges’ Association to create alternate courses of punishment to reduce the incarceration rate. From personal experience as a prosecutor, most individuals with lengthy sentences have a history of offenses along with their current charge that mandates incarceration to protect society.
7. What are your opinions on the War on Drugs given recent national opinion shifts, and what are your expectations for the future?
(HARVILLE) We have put too many nonviolent offenders in jail and forced too many (including the innocent) to plead guilty, rather than proceed to trial and risk harsher punishments. Too much money is spent on jailing repeat offenders, who would be better served by being given a chance to receive services, counseling, and education. By allowing community- and faith-based groups to do so, we can save public money while attempting to decrease the number of criminals and crimes. Alternatively, we can stay the course, disrupt families, curtail education, increase job loss, make money for private prison investors, and do nothing to make ourselves safer.
(ROGERS) It’s bullshit. I have seen four different prescription drug ads on TV while answering these questions. Americans love drugs, and we have to admit it, or else we will never be able to treat people who suffer from drug abuse. I expect us to end the war on drugs after having fought and lost for 40 years, and wage a war on addiction, not addicts. We need to focus on treatment after a person has suffered natural consequences of addiction (as opposed to legally created consequences). Unfortunately there appears to be no way to prevent an addict from being an addict. Treatment is only successful once an addict has reached bottom.
(SIMPSON) Illicit drugs are here to stay and we need to get some sense about it. Illicit drugs are not typically the cause of violent crime, but when they are, then that case deserves much focus and energy both in the courtroom and in the public discourse to have more effect at deterring crime. Drugs must be addressed on the front end; the human need to change one’s mood. The DA can, and I will do, much planting of positive energy in our community by asking to be a guest speaker at community clubs, events. A DA can do more than we have seen here in Caddo parish. I expect many changes in thinking and law.
(THOMPSON) Louisiana has recently reduced the penalties on marijuana possession, and I expect that trend to continue. While I am in favor of alternative rehabilitation courses for first time offenders, I maintain my zero tolerance policy for the violence that is associated with drug distribution.
8. What ways do you see to improve the way taxpayer monies are spent while not compromising the ability of the office to protect citizens?
(HARVILLE) We can use effective pre-trial screening and cooperative efforts with the courts, defense counsel, and the sheriff to reduce the time spent in jail by those accused of nonviolent crimes. We can engage community- and faith-based groups in diversion programs to allow those accused of nonviolent crimes to repay society, accept responsibility for their conduct, and better themselves. These individuals would not have to fill jail cells and court dockets. Their involvement in the criminal justice system could end with positive improvements, rather than a crippling record and no efforts to change the causes of their underlying conduct.
(ROGERS) Less money on the death penalty, more money on domestic violence.
(SIMPSON) Stop trying to prosecute felony cases based on evidence that is only sufficient to sustain a charge of a misdemeanor, reject bad cases, dismiss iffy cases, accelerate pre-trial procedure by better case management injected by fresh energy, and accelerate prosecution of cases accepted for prosecution of violent matters. A transparent administration is effective.
(THOMPSON) I plan to make an initial investment in technology to modernize the office. This one time expenditure will save tax dollars by phasing out antiquated measures of presenting a case that can be costly at times.
9. A disproportionate number of black citizens are in the Louisiana criminal justice system with statistically harsher punishments. What do you believe the cause of this is, and what – if anything – can be changed to achieve parity and fairness, even if that solution lies partially or wholly outside of the office of the district attorney?
(HARVILLE) The criminal justice system and socio-economics are responsible for this disparity. Black citizens, the poor, and the uneducated are disproportionately caught up in the criminal justice system. Proactive conduct by the District Attorney and others in the criminal justice system is needed. Community leaders and citizens should be met with by the District Attorney, law enforcement officers, and others in the criminal justice system. All sides need to commit to becoming part of the solution; egos need to be set aside, and right (not popularity) needs to be the end sought.
This can be done at community forums and can result in productive exchanges of ideas. It can instill a feeling of importance and ownership in the process. It can be used as a tool to increase parity or to explain what efforts are being made to assure that all start on an equal playing field.
(ROGERS) In college, I took a class called American Street Gangs. We learned that there have always been street gangs in America since colonial days, usually comprised of the newest group of immigrants to the country. Irish, German, Italian, Asian, and African people of first generation in America were often shunned by “society” and developed a counter-culture street gang justice/moral code that they followed.
Most ethnic groups developed out of the counterculture and into mainstream society by second and third generations, only to be replaced by the next immigrant group. Historically, blacks and Hispanics have had difficulty entering mainstream society. Part of it has been attributed to obvious differences in physical appearance, and part of it has been attributed to a rejection by some people of assimilation, i.e. we want to keep our heritage.
Throughout history, it has been shown repeatedly that the only thing that seems to work is time. When people get to know each other, the differences become smaller. I don’t know of any way to speed up time.
(SIMPSON) This cause of this is simple; Carmouch, then [Charles] Scott, either allowed this style of applying criminal justice, or they were the driving force of the method; it’s racist. Racist criminal prosecution happens when wealthy and politically interested personalities are interested in racist criminal prosecution, whether [it be] many or a few. Carmouch and Scott were not intellectually sophisticated executives charged with criminal justice. The elected DA’s supporters also support the DA’s assistants’ campaign for judgeships. One day an ADA, next day a Judge presiding over DA cases. In addition, this impairs sitting judges independence for fear of raising a political opponent out of the pool of ADA’s who win by touting their experience as a good prosecutor. Voters choose them, and voters are fooled by the media which is controlled by those who can afford it, and conventional media is too expensive. A DA campaign cost $150,000. Middle class voters have not been willing to contribute to the financing of a DA election, wealthy contributors who are politically savvy get their candidate elected, discouraging financially weaker competitive interests from our middle class labor force.
(THOMPSON) While these measures may fall within the purview of our legislators, I would assist in improving our education/graduation rates, as these rates are directly tied to crime rates.
10. A report was recently released that showed a disproportionate number of black citizens are struck from a jury without reason than their white counterparts. “Black jurors are more likely to be struck from Caddo juries,” The Times, Alexandria Burris, August 18, 2015. What might you attribute this to? What steps will you take to ensure a qualified, but representative jury selection for trials?
(HARVILLE) There is no excuse for striking a statistically significant number more of black jurors than other jurors. Statistics or individual stories are not a justification for this. Whether these results were the result of poor training, stereotypes, some inexplicable happenstance, or office culture is irrelevant.
The rule must be that justice and inclusion is paramount, winning is not. We must establish a faith in the process and in our community. We must keep open and complete records, to monitor subconscious
trends and address any patterns. We must, through continuing training and education and community meetings, address the issue of inclusion in the system and ingrain in all that our parish will accept nothing less than full inclusion, fairness, and the principle that we all start on the same footing.
(ROGERS) I don’t know what to attribute this too. It might be racism on the part of prosecutors, even though some of the worse offenders were black prosecutors. It might be answers by some [jury candidates] to get off a jury pool. The law is no help. If a defendant makes a “Batson” challenge that a prosecutor is striking on the basis of race, all the prosecutor has is “a burden of production” to come up with any race neutral reason for striking a juror. Any half-brain can invent a race-neutral reason for striking someone from, “I don’t like the way they look at me,” to, “They were wearing orange and orange distracts me.” Jury selection is an art, not a science. There is no way at the moment to ensure a qualified but representative jury when one is dealing with gut-feelings on whether a person is a good/bad juror.
(SIMPSON) Racist mindset of the DA and or his 1st Assistant, and ADAs who are trying the case.
My moral compass recognizes unprofessionalism, bigotry, racism, and incompetent professional administration of criminal justice. I reject racism as immature, evil, or ignorant. I’m none of those.
(THOMPSON) I would note that all peremptory strikes in a criminal jury trial are subject to trial court and appellate court review. Accordingly, I have never had a court of appeal (state or federal) hold me in violation of striking jurors simply based on race reasons. I would continue to train prosecutors in developing a full, transparent record on the reasons for striking a juror in order to maintain credibility and confidence in the jury practices of the District Attorney’s Office.
11. What is your opinion on the sex offender registry as an effective tool against sex crimes? To slightly guide the answer, we would ask that you consider studies that show sex offenders are usually known to the victim prior to an attack rather than random. Consider that other forms of crime which are subject to higher recidivism rates such as DWI/DUI which do not require identification (i.e. special license plate or marker on a vehicle) despite being very dangerous to the community.
(HARVILLE) Current sex offender registration laws seem to be based on political popularity contests. Passing a new registration requirement is an easy way to appear tough on crime. We need to look at what makes us safer, not what is popular or newsworthy.
(ROGERS) All the sex-offender registry does is lower property prices next to the offender. It does nothing to prevent a crime, and seems to do more for getting offenders back in jail for minor infractions of the registry law. I think we should have a 0.0 BAC zero tolerance alcohol behind the wheel policy, a DWI conviction marker on a person’s ID, and a bumper sticker/license plate on their car.
(SIMPSON) You are suggesting the study showed that advertising to the public causes more problems than it solves. We might have been getting this backwards, yes. But I can say I view driving while intoxicated as a very serious threat to public safety.
(THOMPSON) I maintain that sex offender registries are effective tools for law enforcement and civilians to identify potential threats in the community. The fact that an offender knows the victim or not does not matter to me when someone is sexually abused against their will.
12. What are your thoughts on the use of the three strikes law – which could land someone in prison for life for a series of minor misdemeanors – and the efficacy of incarceration as a means to reducing recidivism of nonviolent offenders as opposed to methods such as drug programs, counseling, and similar options?
(HARVILLE) Too often habitual offender laws in Louisiana are used to force plea bargains or to punish non-violent offenders. Such policies have bloated our court dockets and our prisons. Habitual offender laws should focus on violent criminals who endanger society. For non-violent offenders, the District Attorney should focus on proactive solutions—such as diverting first offenders into community- and faith-based programs—to give non-violent offenders an opportunity to own their mistake and to improve their lives, rather than moving them along on a cycle of crime that leads to “three-strikes” convictions and sentences. We would be better served, waste less money, and reduce crime by giving non-violent offenders the tools to break the cycle of crime.
(ROGERS) The three strikes law is used mostly to force people to plead when the evidence is weak because the sentencing risk is too great. Incarceration is a quick fix to stop a criminal, but without rehab, employment, and counseling, that quick fix is only a pause button, not a stop.
(SIMPSON) Nailed it! A 12 Step Recovery type program will work for many who are in trouble especially juveniles. You have not asked about juveniles because media cannot cover them. Those proceedings are closed. I have served there as a publicly paid advocate for juveniles in J. Young’s court where I learned what works with juveniles; love, affection, direction, mentoring by sober young adults as sponsors. I have the spiritual experience to achieve progress in crime prevention and correction. See, e.g.; [candidate website removed]
(THOMPSON) The enhanced sentencing provisions apply to major felonies (not misdemeanors). Usually an individual who receives a life sentence under this statute has multiple violent felonies, sex offense felonies or drug distribution charges which bear upon the need to protect society against said acts.
13. Caddo Parish sentences more people to death per capita than any other parish or county in the country. [Rachel Aviv, The New Yorker, “Revenge Killing,” July 6, 2015] What efforts can be made to understand the reasoning behind these decisions and, if you believe a change is warranted, what would your ideas be to incite such a change?
(HARVILLE) The current District Attorney stated that the death penalty was for revenge and that it had no deterrent effect. One could speak with him and with his assistants to determine if this is true and if they feel this has worked to make us safer and more just.
The District Attorney’s Office needs to be accountable. It needs to be run in a manner that makes us safer and more just in a fiscally responsible manner. To accomplish this, the office needs to engage the community, including victims, taxpayers, community groups, and law enforcement. By doing so, the office can see what we want and how to best accomplish this. That would apply to, and beyond, determining when to seek the death penalty.
The District Attorney’s Office needs to be transparent. It needs to place its budget and its policies in the public arena. That way, the public can understand the principles and policies behind the office, including how it will seek the death penalty and the cost of doing so. Then, the office, with the informed consent of the community, can decide how and when to seek the death penalty, instead of being driven by a subjective desire to be “tough on crime” and to “protect our families.”
(ROGERS) We have an Old West mythology/fantasy about the death penalty. One walks in on a sicko committing a horrible crime against orphans and widows, then pulls out their .357 and blows the sicko’s brain out all over the floor, and saves the widows and orphans to forever be enshrined in praises of glory! It’s a uniquely American fantasy of justice. Very quick, cheap, and satisfying. The death penalty doesn’t work like that anymore. With all the safeguards in place to prevent an innocent person of being convicted (which somehow still fail) the death penalty is more like legal constipation. It’s slow, expensive, and not satisfying at all. I think we should go for life without parole in all but the absolute worst of the worst cases. One death penalty every 10 years would be a good rule of thumb.
(SIMPSON) The objective effort to understand seems to reveal a vengeance-based, insensitive, superior agenda that victimizes those weaker financially and politically. Imagine when more blacks are felons who cannot vote, than are blacks who can vote! This is serious bad business for all involved, except the insensitive and the greedy.
(THOMPSON) You have to look at the facts and evidence of the individual cases to understand the reasons behind the decision to seek the death penalty. Our practice is to have a DA charge conference, wherein senior staff evaluates a case as a collective group to determine a just course of action. If a case meets these criteria, I do not shy away from bringing the charge as long as I can justify it via the facts, evidence, screening, and analysis of the case.
14. The high volume of death penalty cases in Caddo Parish over the last five years has come at the same time that questions about budget are being raised. Given the expensive nature of capital punishment and Caddo Parish’s disproportionate use of it compared to the rest of the state, does it stand to reason that there may be more effective ways of punishing the most violent criminals while being proper stewards of taxpayer dollars?
(HARVILLE) The death penalty is an option only for first-degree murders. That is, the legislature has limited the death penalty to certain specific types of murder. The District Attorney should seek the death penalty only in the worst of these first-degree murders. Most first-degree murders can be punished adequately by seeking life imprisonment. By removing these offenders from society forever, the District Attorney can minimize the cost to taxpayers while protecting us. Then, for the worst of the worst offenders, adequate justice, the death penalty, can be sought.
(ROGERS) Yep. Stop seeking death, plead them to life without parole, and spend the savings fighting domestic violence.
(SIMPSON) The overall expense will not change. Whether funds are directed to, and spent on, a competent Public Defender (the PD has been incompetent) who can handle defense of the felony cases brought by the DA, or they are spent on costly prosecutions, the money is the same, but public safety is the overarching duty of the DA; to administer the state’s criminal justice system as a service to the public and common good.
(THOMPSON) No. As District Attorney, I would never tell a victim’s family that we could not prosecute their loved ones case of homicide because it was too expensive.
15. Currently, there are several laws that favor some sectors of the population when it comes to gender, marriage status, and sexual identity. For example, domestic abuse and battery is currently written only to apply to people who abuse the opposite sex (La. Rev. Stat. Ann. § 14: 1- 35.3). Another example would be unmarried men being required to establish paternity in order to be considered the father whereas married men do not. Or that LGBT citizens are not protected under anti-discrimination in Caddo Parish despite City of Shreveport citizens being protected. How does our evolving culture affect the legal system, and what adjustments, if any, would you believe would be warranted given these tectonic shifts?
(HARVILLE) All people want and deserve the opportunity to start on an equal footing. We should be judged based on how we act, not based on whom we are.
With the in mind, the justice system must ensure that it protects and punishes all equally and fairly. The dangers and harms of domestic violence and other crimes are not lessened by the gender, the sexual identity, or the sexual preference of the victim or of the offender. We should focus on punishing the crime and protecting the victim; nothing else.
(ROGERS) Gay marriage just got legalized. We are making changes. Adjustments are being made right now. It takes time. I, myself, personally perform gay marriages but that doesn’t have much to do with being DA.
(SIMPSON) Fortunately for kindness we are all evolving actually. The proof is this; younger generations are more tolerant. Love is in our youth. It’s the older and the politically conservative ones who are lagging, or just mean-spirited, some are even possessed and I write that in a spiritually serious way. The devil works in some people around us. Personally, professionally, I don’t allow intolerance as immature, unprofessional, racist, homophobic, bigoted behavior, some of which of itself is a crime.
(THOMPSON) As a prosecutor, I am bound to follow the law. I certainly feel amongst our legislators and family lawyers that they will continue to draft legislation to address these issues. Should they adopt new measures to incorporate or amend these specific statutes, I know of no impediment that would prevent me from enacting accordingly.
16. It is believed by some, including the editors of this paper, that the for-profit prison model is inherently counterproductive to a fair and just legal system, creating a culture of lobbying for longer sentences for nonviolent offenders and preventing the implementation of programs that aim to more effectively reduce recidivism. What are your personal opinions on this kind of business?
(HARVILLE) Prisons should be tools to make society safer. They should punish the guilty and should prepare them for reentry into society, given an average sentence of 6-8 years of imprisonment in local jails and 13-15 years of imprisonment in state prisons. These goals should be paramount; profit should not be a factor. By allowing for-profit companies to run prisons, we sacrifice our safety for shareholder
profits. This must stop if our safety is to be improved.
(ROGERS) Private prisons make me puke. There is no room for a bottom-line profit margin in rehabilitating people.
(SIMPSON) President Eisenhower, who had been Supreme Allied Commander in the European Theater of Operations during World War II, warned us of the dangers of a military industrial complex, but we ignored him and allowed it to develop into a money pit that also controls international politics. War is good for business. That’s bad, right? At least for peace it’s bad. WE already have this problem in Caddo Parish. The indigent are financing the system. We are allowing the system to grow by requiring the indigent to finance their demise.
(THOMPSON) No one likes a financial incentive to unnecessarily incarcerate an individual longer than his/her crime mandates. However, my perspective has been that the Department of Corrections usually does all it can to parole an individual and/or reduce their sentence. It is not a model of unnecessary incarceration.
17. Do you have any potential conflicts or points of interest that the community should be aware of? Examples would be having committed or been the victim of a crime, being personally connected to sitting or potential judges? Ties or relationships of any kind with state officials, companies, or influencers in the law enforcement, criminal justice, or prison system?
(HARVILLE) My family has been the victim of credit card theft and of an attempted burglary. Neither crime resulted in an arrest or a prosecution.
We have many friends who are law enforcement officers, prosecutors, defense attorneys, or otherwise are involved in the criminal justice system. These relationships do not impact how I serve as a criminal defense attorney or as a civil rights attorney. They would not impact how I will serve as district attorney.
(ROGERS) I have no ties to anyone except my son, who is 6. I was convicted of possession of paraphernalia in 1995, and DWI in 1996. I went through in-patient substance abuse rehabilitation in 1996. All my ties to law enforcement, state officials, companies, or influencers are strictly professional.
(SIMPSON) No, except I was burglarized of $6,000.00 in personal property.
(THOMPSON) As a career prosecutor, I have worked with many of our area judges and law enforcement officers. I have also developed friendships with many of these individuals. None of these relationships has ever compromised my ability to execute my duties faithfully and fairly.
18. Tell us, without using your campaign slogan, why are you qualified for this position? Please include a short overview of your professional experience.
(HARVILLE) I have been involved in the almost every imaginable aspect of the criminal justice system in state or federal court. I have prosecuted juvenile delinquents in Brooklyn and Staten Island, New York, while employed by the Rudy Giuliani administration. I have been a criminal defense and civil rights attorney in Louisiana.
I have participated in (1) pre-arrest investigation and post-arrest investigation of criminal charges; (2) charging decisions; (3) pre-trial matters and hearings; (4) jury and bench trials; (5) post-trial matters and hearings; (6) appeals, and (7) post-conviction matters. I have been a prosecutor, a defense attorney, a law clerk in federal court, and a staff attorney for a federal appeals court. I have prosecuted the guilty and defended the innocent. I have successfully started and grown a small business in an economic downturn.
(ROGERS) I have been neck deep in the carnage of the trial court trenches for seven years. I have a reputation for being quick, thorough, and expediting cases without sacrificing investigation. I have reached the pinnacle of efficiency on the defense side, and the only way for me to help make this system work better is to start working on the prosecution side. I can’t get hired because of my history, but I might get elected.
(SIMPSON) Here, we have been able to dialogue, to openly address sensitive public matters in a professional manner. I’m from a simple large family in a small town, all with problems, yet I believe I have made perfect sense here that is proof that I comprehend the issues from many sides, appreciate our urgent need for solutions, and am solution based, driven to find and apply social solutions. That is my passion and that is my goal: Community Wellness, using my best quality; the license to practice law in the State of Louisiana.
Given my skills, knowledge, education, experience, and training I am the best-suited candidate in this campaign to be First Judicial District Attorney. Clifford R. Strider in the Eleventh Judicial District trained me as a prosecutor immediately after three years of law school, in 1996. I developed a professional practice in general law, thousands of cases involving many issues, hundreds of criminal law cases, juvenile delinquent representation, corporate insurance litigation and mediation management, in addition to my personal and spiritual experience and growth. Because I have these qualities, and I am an outsider, I am the better-suited candidate. And if you don’t believe me, let’s have coffee. For more information, please see e.g.; [candidate website removed]
(THOMPSON) I am a career prosecutor with over a decade experience in trying the spectrum of violent crimes, including death penalty cases. I have managerial experience serving as a Section Chief wherein I have supervised assistant district attorneys, secretaries, and investigators. I have also served as senior staff on budget matters and have knowledge on how the office is funded. Most importantly, I have the most recent experience, having tried a capital murder case last year and a second degree murder case just two weeks ago [at the time of his response].
19. What real message, without wordplay, do you believe you offer Caddo Parish that no other candidate can?
(HARVILLE) I have an established history of standing for the right cause, not just the popular cause. When I see a wrong, I fight against it. I do not talk about it and watch it occur without trying to correct it. I have stood with victims against local governments, parish governments, the state government, the federal government, and local, national, and international companies.
I combine this history with my stance as a moderate independent. I will stand for the people of Caddo Parish against all parties, political groups, and special interest groups. Using the constitution as my guide, equal justice will be my only goal.
(ROGERS) I want to help people in the manner I was helped when I needed it most. I need to pay it back.
(SIMPSON) Restore Community Wellness by reforming Criminal Justice.
(THOMPSON) Based on my credentials and experience in a District Attorney’s Office, I have the perfect blend of experience, youth, and energy to modernize the office going forward.
20. If you plan on making a pledge to the citizens of Caddo parish leading into the election, what is it, why is it important to us, and how do you plan on implementing it?
(HARVILLE) I will change the culture of the office. We will focus on being public servants whose goal is bringing justice to victims and safety to Caddo Parish, while protecting the constitutional rights of the accused and respecting and acknowledging the work and time of others involved in the criminal justice system. This will be done by focusing on accountability, integrity, and transparency.
(ROGERS) I am stupidly honest. The only reward it has brought me is courage. Courage is doing the next right thing. Give me your vote, and I will give you my courage. I will do the next right thing.
(SIMPSON) To deliberatively, morally, objectively, and justly administer criminal justice in Caddo Parish. It’s important to you because you are the public and it’s my job to aid and assist in your protection from criminal conduct that victimizes you. Those who must harm another must be separated from common society, rehabilitated, or if not capable or willing in rehabilitation, incarcerated if it’s in the interest of the common good. The public interest involves many deep subjects that we all need to discuss every time we have the opportunity. My primary purpose is public safety, whatever it might take to protect it, and especially cultivating love and kindness among neighbors and communities and contributing to the positive good.
(THOMPSON) My pledge is simple – I will work hard to make sure the right thing happens in every case.