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Don't believe me? Read it for yourself: |
State of Louisiana versus Shannon Allen |
Shannon Allen was orderd to appear for a formal arraignment in Ascension Parish Court on August 08, 2008 before the Honorable Judge Marilyn Lambert. On August 08, 2008, Mr. Allen did appear as ordered and entered a plea of "Not Guilty" to the charge of "Resisting an Officer"; and was ordered to appear again in Ascension Parish Court on October 15, 2008 to stand trial for allegations lodged against him. On October 15, 2008, Shannon Allen did appear in Ascension Parish Court to stand trial as ordered. The courtroom minutes as recorded and filed by the Ascension Parish Clerk of Court state: "Accused present in open court with counsel D CHAPOTON. State represented by R JOHNSON. Motion Continuance by State. Court denied motion. Upon motion of the State, Nolle Prosequi was entered to Resisting an Officer." |
Now I am just an ordinary citizen, not an attorney by any stretch of the imagination, but I was shocked to hear that a Judge, particularly this Judge Marilyn Lambert would state from the bench that; |
"ON THE RESISTING AN OFFICER, THE RESISTING AN OFFICER STATUTE READS THAT RESISTING AN OFFICER IS THE INTENTIONAL INTERFERENCE WITH, OPPOSITION OR RESISTANCE TO, OR OBSTRUCTION OF AN INDIVIDUAL ACTING IN HIS OFFICIAL CAPACITY AND AUTHORITY BY LAW TO MAKE A LAWFUL ARREST, LAWFUL DETENTION, OR SEIZURE OF PROPERTY OR TO SERVE ANY LAWFUL PROCESS OR COURT ORDER WHEN THE OFFENDER KNOWS OR HAS REASON TO KNOW THAT THE PERSON ARRESTING OR DETAINING OR SEIZING PROPERTY OR SERVING PROCESS IS ACTING IN HIS OFFICIAL CAPACITY. MR. ALLEN, IT DOES NOT APPEAR THAT WHAT YOU'RE CHARGED WITH FITS UNDER THE RESISTING STATUTE BECAUSE THE OFFICER WAS NOT DOING THE THINGS I JUST READ AND THERE IS NO LAW AGAINST BEING OBNOXIOUS, AGGRAVATING, IRRITATING AND COMPLETELY RIDICULOUS. IF THERE WERE, YOU WOULD BE CHARGED WITH THAT AND CONVICTED. THIS IS SO FAR FETCHED AND RIDICULOUS THAT YOU'D STOP AND TAKE A PICTURE OF A SHERIFF'S UNIT FOR NOT HAVING A LICENSE PLATE. YOU EVIIDENTLY DO NOT HAVE ENOUGH TO DO IN YOUR LIFE. I DON'T |
KNOW. BUT ANYWAY, THAT WAS THE MOST TRIVIAL THING I'VE EVER SEEN AND I CANNOT IMAGINE THAT YOU WOULD EVEN WASTE TIME DOING IT. AND YOU EITHER HAVE A PROBLEM WANTING ATTENTION OR NEEDING ATTENTION OR SOMETHING, I DON'T KNOW WHAT IT IS, BUT IT DOES NOT APPEAR THAT THIS FITS UNDER RESISTING ARREST, SO I AM GOING TO GRANT A JUDGEMENT OF ACQUITTAL ON THAT. BUT IF THERE WERE A LAW AGAINST BEING OBNOXIOUS, YOU WOULD DEFINITELY BE GUILTY OF THAT, BUT THERE ISN'T ONE." |
I was not aware that a Judge could charge an individual with any crime, even one that is nonexistent by her own admission or that a Judge would suggest from the bench that any citizen could be charged and convicted without DUE PROCESS. For some reason I thought that the job of a Judge was to rule on LAW & FACT - looks like a lot of personal opinion in here to me. While Judge Marilyn Lambert stated; " This is so far fetched and ridiculous that you'd stop and take a picture of a sheriff's unit for not having a license plate." The arresting officer, Ascension Parish Deputy Shekema Leblanc, (now Detective Leblanc), a law enforcement professional, did enter the following testimony on the subject when questioned by Mr. Allen: According to the official courtroom transcript as reported by CARMEN R. DELAUNE, certified court reporter: Excerpt from official courtroom transcript: (begin page 47, line number 7) "Q If you as an officer of the law were to see a vehicle operated on Louisiana roadways absent of the required license plate, what would your response be? A I would act as a uniformed patrol officer to stop that vehicle. Q Why would you stop that vehicle? A Because it does not have a Louisiana license plate. Q Would that make you suspicious by any means? A Yes, sir, it would." |
"…there is no law against being obnoxious, aggravating, irritating and completely ridiculous. If there were, you would be charged and convicted." |
Deputy Shekema Leblanc |
Now, this is what I heard: To hell with due process - if there were a law I'd charge you and convict you - no trial, do not pass go, GO DIRECTLY TO JAIL! |
Following all testimony, the Honorable Judge Marilyn Lambert of the Ascension Parish Court, did render the following verdict, according to the official courtroom transcript as reported by CARMEN R. DELAUNE, certified court reporter: Excerpt from official courtroom transcript: (begin page 77, line number 14) |
On November 04, 2009, unable to afford legal counsel, Shannon Allen did, as ordered, appear this third time before the Honorable Judge Marilyn Lambert and the Ascension Parish Court and did again enter a plea of Not Guilty, to the charge of "Resisting an Officer". Mr. Allen was then ordered to appear before this same court and this same Judge on January 21, 2009 which would make his fourth appearance in this matter over a course of more than twenty months. On January 21, 2009, Shannon Allen did appear again, as ordered at 9:00 AM, in the Ascension Parish Court to stand trial before the Honorable Judge Marilyn Lambert. At approximately 4:00 PM, with the court having allowed no breaks or lunch; the case of State of Louisiana versus Shannon Allen was called. Ascension Parish Assistant District Attorney Mr. Richard Johnson, who had represented the State the entire day, then left the courtroom and the State was now represented by Ascension Parish Assistant District Attorney Mr. Trent Garrett who had only recently appeared in the courtroom. During the course of the trial, in which Mr. Allen was forced to represent himself due to financial constraints, the arresting officer, now Detective Shekema Leblanc, testified that she had been a post-certified police officer for eleven years and that, according to her "approximately most of the academy" was spent studying Louisiana's Revised Statutes and their applications. |
However; the official courtroom transcript as reported by CARMEN R. DELAUNE, certified court reporter makes no mention of any such motion by the State. Excerpt from official courtroom transcript: "THE COURT: In State versus Shannon Allen, the Court has discussed this case with both defense counsel and the District Attorney, and based on what I have read in here, I'm going to deny the State's motion to continue. At that point, Mr. Johnson? MR. JOHNSON: I have to have that witness, so I would have to dismiss that. THE COURT: Show the matter nol-prossed." The courtroom transcript makes no reference to any motion of Nolle Prosequi, by the State. In a criminal case, it has been held improper for a court to enter an order of Nolle Prosequi on its own without a motion by the prosecutor. |
On September 22, 2009, the Ascension Parish Court authorized the Ascension Parish District Attorney to reset this matter; this was witnessed and signed by Ascension Parish Clerk of Court Kermit Hart Bourque. Shannon Allen was then formally served and ordered to again appear for formal arraignment on this same charge; on November 04, 2009; again before the Honorable Judge Marilyn Lambert. |
On May 15, 2008 Ascension Parish resident, Shannon Allen was arrested by Ascension Parish Deputy Shekema Leblanc with assistance from Deputy Trevor Reeves and Lieutenant Joey Mayeaux; for "Resisting An Officer" - allegedly in violation of Louisiana's Revised Statute, Article 14, Section 108 |
So: |
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Now I thought all this was over, what about you? Well, justice in Ascension Parish isn't quite that simple! |