Spring & Spring, LLC

Attorneys at Law Litigators Not Negotiators

Stanley A. Spring, Esq. - Florida Bar S. Stephen Spring, II, Esq. - Louisiana Bar 733 East Airport Avenue, Suite 104 Baton Rouge, Louisiana 70806 Telephone: 225-932-9671 Facsimile: 413-451-8923 Email: springlaw@gmail.com Web: www.springlaw.net

Spring & Spring LLC Communications House Mayfair London W1U 6PZ
Spring & Spring LLC Communications House Mayfair London W1U 6PZ

John S. Penton, Jr., Esq. - Florida Bar * David Mahdavi, Esq. - Virginia. Bar * Julie S. Page, Esq. - California Bar * * Of Counsel Member Wash. D.C.: 202-465-4696 Miami, FL: 305-677-3847 London: 44-208-181-6545 U.K. Fax: 44-208-181-6545

8 June 2012 (Via U.S.P.S. Certified / Return Receipt)

CEASE AND DESIST

Lafayette City-Parish Council Members: Mr. Kevin Naquin, District 1 Mr. Jay Castille, Disrict 2 Mr. Brandon Shelvin, District 3 Mr. Kenneth P. Boudreaux, District 4 Mr. Jared Bellard, District 5 Mr. Andy Naquin, District 6 Mr. Don Bertrand, District 7 Mr. Keither Patin, District 8 Mr. William G. Theriot, District 9 Gentlemen: We are privileged and proud to represent the following present and former police officers from the Lafayette Police Department: Kane Marceaux, Gregory Cormier, Scott Poiencot, Gabriel Thompson, Norbert Myers, Nolvey Stelly, Uletom P. Hewitt, Regina Briscoe, Aleeta M. Harding and Gus Sanchez. This group of officers comprises white, black, and Hispanic Americans who share the common goal of exposing systemic corruption within the Lafayette Police Department. You are receiving this correspondence in your respective capacities as elected representatives of Lafayette Parish in regard to a matter of great public interest and concern: Your citys police department and its administration. We believe that you, as informed representatives of the citizens of Lafayette, are no doubt aware of a new General Order (12.1) for the Lafayette Police Department. We believe that you are also

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aware of a newly initiated internal affairs investigation ordered by Chief James Craft and/or Dee Stanley and/or Mayor Durel against Officers Scott Poiencot and Gabriel Thompson. I. BACKGROUND FACTS:

There has been significant media coverage regarding improprieties within the Lafayette Police Department. These matters are of extreme public interest and concern. The extensive news coverage has exposed serious impropriety within the Department as you are no doubt aware. It appears to us, as legal representatives of these former and present police officers, that serious questions raised by the growing lawsuit and concomitant publicity impose a clear public duty upon you to commence, or encourage the commencement, of an independent investigation of the Department on behalf of the citizens of Lafayette you represent. We are confident that you appreciate your fundamental responsibility to regulate and oversee the Lafayette Police Department and will facilitate a full and impartial investigation into these matters in the best interest of your constituency. It appears your duty as public servants dictates no other course. We are concerned that, to date, you have not publicly engaged these issues or taken any action on behalf of the citizens of Lafayette. Further, it is becoming increasingly clear that your appointees, Dee Stanley and Chief James Craft, are using public resources, and the power of their office, to silence the truth- the truth the citizens of your community have every right to know. Specifically, on June 4, 2012, a new Special Order (12.1) Clandestine Recordings was issued effective until December 31, 2012. The General Order defines Clandestine Recordings as covert use of a device.WITHOUT A Department Members knowledge. The General Order prohibits all such recordings unless such activities are authorized by the Chief of Police. (General Order 12.1). Moreover, the Order makes any violation of said Order a terminable offense. II. LAW AND ARGUMENT:

Under well established Louisiana and Federal law, the legitimate recording of another person (which your Chief has ignominiously chosen to label as Clandestine) requires that only one party to a conversation consent to its recording. That is the law: 18 U.S.C. 2511(2)(d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception La. R.S. 15:1303(B)(3) It shall not be unlawful under this Chapter for a person acting under color of law to intercept a wire or oral communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception. Such a person acting under color of law is authorized to possess equipment used under such circumstances.
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In addition, when one in a position of public trust legally records speech which tends to disclose impropriety and/or conduct which is wrong, public disclosure of such impropriety to inform the citizenry is constitutionally protected speech under the First Amendment to the United States Constitution. Your governments policy and procedures manual mandates that any policy or procedure in violation of existing federal and/or state law is void ab initio. Your Police Departments General Orders mirror that same mandate. This superseding regulation obviously voids the new General Order (12.1), and it is our position that no officer is bound by it. Nonetheless, Chief Craft persists in his lawless attempts to thwart these officers rights to free speech concerning matters of grave public concern. To compound matters, yesterday Chief Craft and/or Dee Stanley and/or Mayor Durel, ordered an internal affairs investigation of our clients, Officers Scott Poiencot and Gabriel Thompson. The allegation is that their tape recordings made to document clear impropriety in the Lafayette Police Department for their own protection and made in anticipation of litigation constitutes an unauthorized investigation subjecting these courageous officers to possible termination. If this appears baseless and bizarre, it is because it is both. It is clear the investigation initiated by Chief Craft against these officers is a flagrant attempt to chill the latters right of free speech and thereby obstruct your constituents right to know about these matters of grave public concern. Chief Crafts effort to intimidate these officers into silence by such retaliatory, illegal acts of retribution is itself a matter of great concern. As stated, to date no action has been initiated or encouraged by you to correct these flagrant abuses. Lt. Gabriel Thompson, a black police officer of 22 years with LPD, testified under oath as follows: 1 Question: What was the purpose of recording this conversation with Major Alfred? On that particular morning, sir, there had been several issues going on at the Police Department, and just to protect myself in having the conversation I opted to record that conversation.2

Answer:

It is clear this newly ordered investigation is transparently retaliatory which, at its core, violates a constitutionally protected First Amendment right i.e. free speech. The law is clear on this. Any speech that tends to disclose official corruption or impropriety is constitutionally protected because it concerns matters of direct concern to the public. The
1

See Trial Transcript, Marceaux, et al v. Lafayette Parish Consolidated Government, et al, Case No. 2012-2899, before the Honorable Christian Earles, presiding judge, on May 29, 2012, at Page 14, Lines 11 through 17. 2 The conversation introduced was between Lt. Thompson and Major George Jackie Alfred on April 19, 2012, the day after a lawfully authorized complaint was filed with the Lafayette Municipal Fire & Police Civil Service Board by Cpl. Kane Marceaux for his illegal transfer and retaliation from the Departments administration.
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ongoing effort to silence Officers Scott Poiencot and Gabriel Thompson through commencement of a specious investigation against them is itself retaliatory. III. REQUEST FOR RELIEF:

Please consider this correspondence a direct request that you, with any/all of your representative powers, seek to: 1) immediately terminate Chief Crafts investigation of the referenced officers and 2) immediately declare General Order 12.1 absolutely void and of no effect. As stated, there is no other option. We know that you are in a position of public trust because you are men of integrity concerned with the welfare of Lafayette and all of your constituents. For this reason we are confident that you will take appropriate action in this case. In the event that the suggestions herein are not followed, and the ongoing retaliatory efforts do not cease, we will have no choice but to seek judicial intervention into this ongoing retaliation against our clients. Should such action become necessary, we will be obligated to join each and every one of you, individually, as parties to federal litigation. We have no desire to take this measure; however, we will vigorously and vociferously defend our clients Constitutional rights and take swift action against anyone who is complicit in ongoing unconstitutional conduct. Thank you for your consideration. Sincerely yours, SPRING & SPRING, LLC ALEXANDER LAW FIRM

S. Stephen Spring, II, Esq. cc:

J. Christopher Alexander, Sr., Esq.

Lester Joseph Joey Durel, Jr. (Via U.S.P.S. & fax through Michael Corry, Esq.) James P. Jim Craft (Via U.S.P.S. & fax through Michael Corry, Esq.) Dee Edward Stanley (Via U.S.P.S. & fax through Michael Corry, Esq.)

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