Pubdate: Fri, 17 Jan 2003 Source: Times-Picayune, The (LA) 80.xml 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. - --- MAP posted-by: Josh