Feb 12, 2014|
Angela talks to Loyola Law Professor Dane Ciolino about the verdict in the Ray Nagin trial
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Angela talks with WWL-TV investigative reporter Katie Moore and Tulane law professor Tania Tetlow about the city's backlog of uninvestigated rape cases.
Automatically Generated Transcript (may not be 100% accurate)
Well it is quite a day in the history of New Orleans. This is been a long time coming a verdict in the Ray Nagin case and I don't mean that it's just the six or six and a half hours that the jury has been out. But for the years really that this has been hanging over the head of New Orleans. The prosecution was simply trying to show that raining and sold his office. Through money going through stone age the company that was run by -- in Tucson this. It was a stream of 26 witnesses for the government five testifying that they were bribed. By the mayor for city contracts. The bottom line is twenty of 21 counts guilty. Twenty of 21 counts guilty. Dave Colin our news director WWL is joining Maine. Wouldn't you agree David this has been a monumental moment for new Marlins. It is a very sad day in the history of New Orleans and that the for the first time ever. And mayor of New Orleans has been convicted of federal corruption. On the flip side. Somewhat say that is a great day for the city of New Orleans that such corruption would not be tolerated and that it has been exposed. And that the mayor of New Orleans who while mayor of New Orleans according to this jury verdict accepted bribes. Will be going to federal prison. By all accounts. For a -- twenty years. We are also joined by James feeling you know our wonderful friends and I law professor at Loyola ending thank you very much being with this. Just your thoughts. It's not much of a surprise given me the -- started bear on the track and yesterday. Two weeks ago mistrial targeted by all accounts. The evidence against it was it was compelling. And the result really. Not much of a surprise given that these witnesses came up against and turned out to be credible at the origin mr. -- -- testimony corroborated by documents. Mr. Nagin -- -- try to get way out of that situation by hand and they'll. But. He had held up their cross examination quite poorly. Given the and it's not much of a surprise. It does surprise murderers. -- not guilty of one count that count up in the bribery count that involved it's not. But you know that's probably. An upper -- here to make sure that is a drag now. Into. It that Morales. With mr. and now of course. The chance of that ever being prosecuted were low. Hypnotic and you know in the passage of time. I think that your -- -- Ray Nagin is what it is there but I didn't want it on the collateral. You know that's very interesting in listening to check for -- -- channel four he looked at it the opposite that the he felt it was almost a message. Two the prosecution of perhaps these sun should've been there. Well you know it will -- perhaps an editor or speak up and tells. Why it is that one -- was once. Count but it is better to what -- But. You know other than. The government -- -- decision not to prop he would if I'm probably because -- -- wanna -- it and it. But for whatever reason -- exercise that that prosecutorial. Discretion. Not to indict them. This urea essentially has I think kind of indicated that that decision. Why it angered the suns were involved in a bribery scheme -- -- -- not clear and convincing her evidence beyond a reasonable doubt our. Could it have been on that one not guilty count. Those that they found that the evidence just wasn't as strong or overwhelming as all the others it was a check written to cash that was allegedly given to his son's intended for Nagin. That maybe they just -- well where absolutely sure about these other 21 not absolutely sure about this this one. Yeah again that could be two but then again mr. -- that was abroad. And they found in credible and on other counts. So. Again you know until one remembers that urged a couple hundred shore. But. Is it an interest in the -- the one complicate that it is -- Let me ask you as an attorney effect Ray Nagin had been your client. What would you have recommended knowing what you know not now but even before. Well well -- difficult citing federal government. About a matter that most criminal defendants. Are indicted decades ago the government generally and not at all. The government generally doesn't indictment last got. A lot of witnesses. And document. Ready to go in member of the government today they -- country. -- they've -- -- Effort again. Possible crumbled and let it got that fire power the so small bottle of water law. But for the charging stage. So you don't mind -- -- have been in the very native and an option right now that he's -- -- be virtually everything I would have been to negotiate that deal that you cabinet and plead guilty. It worked out you -- in the bar pretty scared like the government that -- that -- co conspirator. -- -- Planned and operated. In the same. Industry argued it could. And he's going to be yet. Accident years or so -- or maybe even. You -- here and that it and how helpful he lives. In the not helping to secure a conviction against yesterday. Angela we're waiting now to see if the former mayor of New Orleans now a convict Ray Nagin. Will come out and speak to reporters we are. Assembled outside of the courthouse awaiting that we -- are waiting to see if the US attorney Kenneth -- will come out. And speak about this case thus far his office has not indicated that he will speak so we have a microphone there. For whichever -- decide to come out and talk about the fact that Ray Nagin now the first ever mayor of New Orleans convicted on federal corruption charges twenty of 21 counts. If he will come out and speak. And if we will hear from the prosecution if and when that happens we'll bring it to you live right here on WW. Okay let's go ahead and take a break because we have much to talk about with -- feeling you know and again as Dave Cohen just said we are waiting for. People come down and make their comments we'll be right back this is Angela Honda VW well. A major day in the history of New Orleans and as Dave -- -- news directors said a very sad day. Ray -- found guilty on twenty of 21 counts. On -- ceiling you know our wonderful law professor from Loyola. I -- I don't think there's any resounding surprised if anybody read the newspaper or watch the news. Listen to radio we knew that there was this enormous amount of evidence that. Against him and the fact that that Robert Jenkins a very fine attorney. Cutting gave it his best shot but there wasn't a whole lot there either but so we're not surprised in the sense that -- guilty. It's still be oh my gosh -- Cohen says it really happened. And end. You know -- you said that -- the result but it seemed to be foregone conclusion after all the elements come again. But it's what -- have yet another black guy who go. Out there. Public official found guilty and again I'm that is that's sad but others. If it is in it that that the city got a dollar federal government government. That that no matter. What you are -- -- get away with that. And that sort of classic. I shake out. He has been given judge Kerrigan has given him home incarceration. One is that a surprise I think a lot of people think. Just lay people think that when somebody is found guilty of the handcuffs should go on they should go to jail if they want to appeal that's fine but they should go to jail the case that stood out. Where that didn't happen was of course bill Jefferson who got out waiting for the appeal. Are you surprised that in this case he's getting home incarceration. Pretty much. The way that I expected jet -- in the deal there. Or wouldn't. Immediately remanded into the corrupted -- Marshall and he. There is no doubt virtually bowed out here that that great in it and again at light speed for tar. Probation not. An option under the got four. In the very serious crime with very high. Off. So it is pointing Yale man subject isn't built. It started that that. It jet and jet card though. It's one. That typically. So it's not surprise. She did put more onerous conditions and is currently up by ordering. Confinement and that it it. I think it was a Day-Lewis saying that he has to have a land line in his home. To have that home incarceration. If he doesn't then what he stays in jail until they can get one. He has to have the land lines so that he can be monitoring so that if he. If that bracelet around his ankle leaves the perimeter of his property that then authorities are alerted -- He and he's got to get a land -- real quick. But typically the way that that home monitoring -- so. It'll take a couple of days for probation to make arrangements to get that at -- house it. I don't match and a judge Baird has ordered that he be incarcerated back. It will take up what sixty days ninety days before they were actually sentenced him. What happens that the judge has ordered already ordered. And a -- Report that will be put together by the probation office. They'll -- -- report to judge where his background and most importantly what they'll pay well. -- in the law. Which involved. Tally up all Albany. Fraud loss numbers. That that art directly involved with -- with conviction but also that. Are. What's called relevant conduct. Don't gains made by his co conspirators or read what foreseeable. That does more than numbers can get you because. You you -- conspiracy. Whether or what drug conspiracy -- war brought here it is. If you bought. -- the deal you get one debate about weight and those law. So here mister -- it's going to be looking at something around eager seventeen million dollars or fraud law. Target lead to wait a huge big. That's why. Even the numbers come out good for extra -- -- -- it leaks. My. -- jail. After a few years. Angela the prosecution team has now left the courthouse they walked past the reporters and microphones and chose not to speak the US attorney not address saying. The media or the public after this historic conviction of the former mayor of New Orleans Ray Nagin. They're standing by to see when Nagin comes out after they have processed all the paperwork and he is allowed to leave the courthouse. Presumably to go home to be in his home incarceration while he awaits sentencing we are waiting to see. If former New Orleans Mayor Ray Nagin now convicted on twenty of 21 counts we'll speak with the media and if his attorney will speak with the media if that happens of course will bring it to -- About Jane I understand that our US attorney politte. Handle the had a minor conflict concerning this case it's are you aware of that. -- Not specifically but. I don't doubt -- involved in the private lawyer. Talking to. 21 or more witnesses in Cape Coral. And so while the waters and Al action in some respects that. Well. And that might be perhaps why he is choosing not to go before the cameras. Okay please stay with this will be back as we continue our talk with the Danes sailing out about this big day in New Orleans history on activists. And we are back on again a very important day sad day. In an away I hate to say the fascinating day as we have watched John. Really the demise of a man who came into office Ray Nagin with such high hopes. Tremendous support from all walks of life. Hoping that this would be in new day in the history of New Orleans and sadly it has turned out to be in new day in the history of New Orleans. As this is the first mayor ever to be out convicted of twenty of 21 counts. Still an astounding number. We wanna thank all ways of a -- feel Leno professor of law at -- for being with us and sort of giving us an analysis of of what this means. This was because raining and was the face of of Katrina. Is going to hit the nine it all over the United States and I just like your thoughts on. Is that it's sad that it's gonna go across like this it's corruption one more time. But as you really said earlier this is also evidence that in fact were not tolerating an anymore. Even people wonder whether there's more corruption here and oral and elsewhere be it seems we absorb anymore. These sorts of prosecution but. Yeah. I assure -- that the case. We all over the last. Decade that -- that was in office and that's with a very high priority at the office and the local FBI scratch. That that government corruption case or were. Really the centerpiece of -- Clinton administration while the add the FBI with substantial resources into it as well so. It might just be part -- that we have kind of more vigilant forced the these five. Fraud and that white collar government option type -- defensive. What do you think this will mean for the US attorney's office because. Thought it was very wounded by the actions of a couple of people within the office and then of course Jim Clinton stepping down. It is sort of a new day there and you corrected started out when Jim Latin was in office but. This could be a positive for them. Opposite no doubt they'll. It's. Mr. -- just getting is -- is two upper level management in place. And that. Is I think a very good development of that no doubt they had they had lost the case on the evidence that they. It. It will. Been horrible blemish on audit audit brand new administration. Because. This was a case by all accounts were very strong evidence if he can't and that's one. It's that local and. As you were reading and watching this process from the time the trial began. Well. As a lawyer is a law professor would you sit at home to newspaper -- after the news and go oh my gosh. At any point could they have said you know what -- after the trial has begun what we're gonna try to cut a deal. Of course now that in an. The government of course and not going to be an interest he got a deal on the -- coming in so so well and there ought to cross examination that. -- the old on any time for. The jury comes back. -- that surprise -- is that mr. bacon well lawyers never seem to seriously. Talk to the government. The last several years but -- wondered negation by by the it's an apple and particularly -- see -- the government. And it's clear that they had. Apple that no doubt mr. Clinton and mr. make -- work -- But nonetheless decided to do to go to trial. Ultimately it's up to the the person being prosecuted so with. If Robert Jenkins said you know not raining again this is what I suggest is if your legal advisor but he says no I wanna go through with that he has to go through with it. Oh of course absolutely and and I -- and that's just what you were you. Expect when you're crippled the -- some consequence -- to make irrational decisions that. And you have signed on the case in school said earlier I just figured that shot out in the bank index got you here. Was not you were close enough. But Robert Jenkins main thrust. Before the jury was all of these people who have come forward saying that they gave bribes to the mayor. In fact during troubled themselves and just trying to save their own skin. I don't know what other he -- that he could've done but that's really only ahead. And 11. Where in told him that look at it and do. -- any corrupt deals. And and that was. One email. And art and argument that he made. Before January and we have several of these cooperating witnesses that they were just. Lying to save themselves. He tried to diminish. The ball documentary evidence. As. Against its term but he -- something on the order. What presentation. Well it was a what Blackwell ordered presentation because the government -- a lot. And and candidates celebrate color. That that has cooperated despite this testimony that mr. Jenkins tries to. -- that these jurors was. Credible what's it was a -- -- these from the as terminology. It's it's easy for reining in again on the stand in saying. All those people were line and he was very specific on on some he -- four times this person is a storyteller. And then it's just up to the jury dissent. -- in May believe. And he really believed. But. It. Risky and enjoyed it better that they Asia -- and the Coke inspired testimony with a certain degree of that. Because it's yeah those every one of those witnesses that happened in interest and Sean and what the police the government remember. Many of these witnesses have not yet been sentenced. -- it. And sentenced but when when these witnesses these core cooperating witnesses gets it's going to be. A much more pleasant experience. Than what mr. Leggett and after the government -- -- -- -- there's there's been. And is going to. Ask for leniency and followed -- five K letter. -- -- -- -- they will. Ask for downward departure would be applicable guideline. And you know what you are you know being crippled admitted that well when you'll -- You want the government essentially on your side. Asking for leniency and presumably the government has gone too. Now we're award these individuals who could get comfortable and against mr. -- When you talk about sentencing in these guidelines. Ultimately though doesn't see judge have the that the bottom line -- consists excepted or she can change it. The guidelines are no longer mandatory when -- -- -- the war. That that. Key person in was declared unconstitutional -- there and got. A great deal of discretion she doesn't have to follow the guidelines are Altria to do it yesterday it would statutory range. Hand. -- -- in here it is here in Vietnam and he. Just -- a -- But what likely happened judges rarely. Deviate from the guidelines. Even there is. One of the more. We're getting answers 00 but in -- federal courthouse. Bubble ball in the guidelines -- I would expect -- do that here. Jane please stay with this will be right. And we are waiting to see a former New Orleans Mayor Ray Nagin decides to speak to the media and the public he has not yet come out of the federal courthouse I'm Dave -- as soon as that happens. One way or the other he speaks -- walks away we will let you know live here on WWL. As the first ever mayor of New Orleans heading to federal prison. After corruption convictions rainmaking convicted on twenty of 21 counts remains in the federal courthouse. Former New Orleans Mayor Ray Nagin has been found guilty. On twenty of 21 corruption counts charges involving bribery conspiracy and tax fraud. And we'll be bringing you the latest we're gonna talk to legal analyst we are so appreciative but James -- -- could join us for our first hour but will be joined by others in the coming hours. But we also want your reaction. RW WL ready opinion poll. Do you believe justice was served. You can vote online or on your Smartphone. Or call last year at WWL. 260187. -- 48668890870. In you can of course also text your reaction to -- 7870. We really do want your thoughts on this it's a very emotional day. We can all say -- of this and such as such but. It just leaves a very funny feeling. That even though that the evidence was huge against this man. He is the first mayor ever to be. Convicted and Dave -- I know the Cuban in this business a long time it's just a very funny feeling. It really is and you look at now the full history of the prosecution under this office of the US attorney here in this district of Louisiana. And really it is this is the end of the gym Latin era. As at war but you go back. To Edwin Edwards Jim what was the lead prosecutor on the case before becoming US attorney he got a governor convicted now he's got to mayor convicted. He's gotten a congressman convicted although that case was handled. In the in Virginia he has several state lawmakers convicted the convictions. Keep piling up. But even though there's been so many. And even though the evidence was so overwhelming and every. Every legal analyst told us we should expect a conviction against Ray Nagin here right. It really happened and the fact that it really happened is still I think jarring to much of the community. And to many observers but now we have the former mayor of New Orleans ordered home incarceration. As he awaits sentencing. After this jury convicted him on twenty of 21 corruption charges. And James -- Leno and other analysts we've talked to said there is every thought that this man could get upwards of twenty years that's to be seen we'll know in the next sixty to ninety days. We are getting some callers today and would like to take them surely. -- -- -- award. It is. We eat it. You know that is a word that is used a lot with the beside Ray -- and that is arrogance and I I was even listening to run plenty Dubose who kept calling him narcissistic which was a very interesting word is well. I think a lot of us would question given the same circumstances and were all different people. Would we have taken a deal knowing the amount of evidence and the number of people who were going to be testifying against. -- -- -- -- -- -- -- -- -- -- You just gotta wonder if he thought that he could charm his way out of this a man who came from the business world who was. The ground to France to run for mayor who defeated. Some very formidable. Opposition and it'll Andrew in his first effort to become mayor here rain may in becomes mayor of New Orleans to get -- reelected. Despite all the clear shortcomings after Katrina. And serves his two terms. You just gotta wonder if he didn't think that by taking the stand he could charm his way out of this that he can convey convince those jurors. Not to convict him. I want everyone to stay with this Tommy please do we're gonna come back we'll be right back after a quick break financial under a minute -- Once again former New Orleans Mayor Ray Nagin has been found guilty on twenty of 21 corruption counts. Charges involving bribery conspiracy. And tax fraud he has gotten home incarceration he will be sentenced in the next sixty to ninety days. I'm so appreciative of our callers Tommy you've been on hold. -- -- -- -- Atlantic with a complex issues -- belligerent. Loyal to -- you can -- the Munich airport took twenty minutes Ochoa. -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- Well no I appreciate your thoughts on me I really do. You know a lot of them that -- complex over 21 charges but you have to remember I think they're actually going through them. Mentally as they go through the process and perhaps that's the one of the explanations but again I appreciate you calling. Stay with us all of you on the line we're gonna take another break we're gonna go to the newsroom and never gonna come back and talk to you. About this today in new world it's.