Tue, Mar 12, 2013
Fifteenth Judicial District Court Judge Herman Clause denied most of convicted killer Brandon Lavergne’s requests for documents related to his conviction in the murders of Mickey Shunick and Lisa Pate on Monday according to The Advertiser.
Lavergne is serving a life sentence in the Louisiana State Penitentiary and is representing himself in filing for post-conviction relief. He pleaded guilty in August to the murders of Shunick in May and of Pate in 1999.
Clause denied Lavergne’s request for a list of witnesses who testified for the state before a Lafayette Parish grand jury that indicted him on July 18, stating that to do so would violate the state constitution and statutory law.
He also denied Lavergne’s request for transcripts from a 2008 Acadia Parish grand jury hearing in which Lavergne was not indicted for the murder of Lisa Pate. The Lafayette Parish grand jury indicted him for Pate’s murder on July 18.
Clause responded that Lavergne is not entitled to the grand jury transcript under public records laws and that production of the document “would run afoul of our state’s constitutional, statutory and jurisprudential law.”
Lavergne will be receiving a copy of the transcript of his sentencing/plea hearing for free, but Clause denied his request for production of all pre-trial motions filed by Lavergne’s court-appointed attorneys.
Clause denied Lavergne’s request for a free copy of the search warrant used to investigate the Shunick case and the search warrant for a hidden recording device Lavergne claims was worn by his former wife during a 2005 visit while he was in prison on another charge.
Lavergne won’t be allowed to stop media coverage of his case or the public’s access to documents he files with the court as part of his post-conviction relief, Clause wrote in the order.
The court also will not return property seized from Lavergne, including a cellphone, computers, electronic equipment, clothing, documents and a sword.
Clause said Lavergne has two years to file for post conviction relief and already attempted to file an application for post-conviction relief. Those items may be needed as evidence if a new trial is granted, Clause wrote.
According to an article in The Advocate, Lavergne’s hunger strike lasted from March 3rd to March 7th. Guess his fat ass got hungry?