Pubdate: Fri, 17 Jan 2003
Source: Times-Picayune, The (LA)
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Copyright: 2003 The Times-Picayune
Contact:  http://www.nola.com/t-p/
Details: http://www.mapinc.org/media/848
Author: Manuel Torres
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

COPS ARE IN BODENHEIMER INDICTMENT

Former Jefferson Parish Judge Ronald Bodenheimer tried to recruit two police
officers as part of his efforts to plant drugs on a critic of his Venetian
Isles marina, a federal grand jury said Thursday, in a superseding
indictment that does not add new defendants or new charges to the case.

Bodenheimer talked to the officers, who were not identified, in mid-2001 and
early 2002, the indictment said. But prosecutors said they "do not allege,
nor does the evidence suggest," that the officers helped Bodenheimer and
co-defendant Curley Chewning plant the painkiller OxyContin on a neighbor
who had complained to the FBI about drug activity at the marina.

Legal observers, who have long expected a new indictment as part of the
ongoing federal investigation of corruption at the Gretna courthouse, said
more indictments are likely. Thursday's move, they said, is an effort by
prosecutors to iron out some wrinkles in their case before Bodenheimer's
trial starts March 31.

"Prosecutors obviously decided that their case would be more attractive with
this evidence included, and they want to make sure it's admitted at trial,"
said former federal prosecutor Shawn Clarke.

Acting U.S. Attorney Jim Letten said the new indictment is simply a
"mechanical" action to include more information in the government's charges.

"We just felt we wanted these facts in the case," Letten said.

The indictment triggers a new arraignment, set for Jan. 30, when Bodenheimer
will enter a plea of innocent or guilty in front of U.S. Magistrate Louis
Moore. U.S. Judge Ginger Berrigan will preside over Bodenheimer's trial on
the charges.

Bodenheimer's attorney, Eddie Castaing, said the former judge will again
plead innocent and that he does not expect any delays on the trial.

"These are the same charges they presented last year. There's nothing in
here that we have not learned from discovery," Castaing said.

Bodenheimer and Chewning were arrested in June and indicted in July on one
count of drug conspiracy and three counts of using a cell phone to commit a
crime. Bodenheimer pleaded innocent and is under house arrest. He was
suspended with pay from the 24th Judicial District Court in June and ended
his term Dec. 31. Chewning pleaded guilty to two of the charges and was
sentenced in October to six months at a halfway house. He has agreed to
testify against Bodenheimer.

The new indictment repeats the same four charges, but fleshed out the
conspiracy charge by listing several details, mostly phone conversations
already mentioned in other federal documents.

According to the document and prosecutors, Bodenheimer contacted a Jefferson
Parish sheriff's deputy in late summer or early fall 2001 "to arrange for
the false arrest for drug possession" of a marina neighbor. In early 2002,
the document said, Bodenheimer asked a New Orleans police officer to "plant
illegal drugs" that would lead to a false arrest of the person "who was
causing trouble at the marina."

Castaing said the two conversations "are just allegations we're going to
defend at trial."

Prosecutors have said that Chewning planted the drugs in the truck of the
FBI informant in April, after several of his and Bodenheimer's conversations
were recorded by secret FBI surveillance.

Several attorneys familiar with federal procedures said it was unusual for
prosecutors to seek a superseding indictment without adding defendants or
charges. Attorney Mike Ellis said prosecutors may simply be trying to buy
some extra time to prepare their case.

"There's no reason for them, legally, to have to do this," Ellis said.

Clarke said prosecutors are trying to make sure the allegations about the
officers were included in the record as part of the conspiracy charge, so
Bodenheimer's attorneys may have a harder time trying to keep that evidence
out of court later.

"If it's not part of the indictment, Bodenheimer could have a better chance
of arguing the evidence is irrelevant," Clarke said.

Attorneys also said that the indictment will be read to the jury at the
beginning of the trial and prosecutors may simply want to add more impact to
the allegations by quoting from some of the conversations that were
recorded.

Prosecutors would not discuss the identity of the two officers mentioned in
the indictment. Attorney Frank DeSalvo, who represents the Police
Association of New Orleans, confirmed that one of the officers talked to him
about Bodenheimer's request. But DeSalvo declined to discuss details or
confirm the officer's identity.

"He came to see me looking for advice. I gave it to him and I cannot discuss
it because of attorney-client privilege," DeSalvo said.

DeSalvo said he is not representing any of the officers. He represents
Jefferson Parish Judge Alan Green, who has been identified as a subject of
the federal investigation.
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