Keogh Cox Partner Secures Defense Verdict in Fatal Shooting Case

“There were eleven votes for 'guilty.' It's not easy for me to raise my hand and send a boy off to die without talking about it first.” - Reginald Rose, Twelve Angry MenJury service is a civil duty. Our system would collapse without the diligent individuals who respond and serve, but the law does provide exemptions and exceptions which may be utilized to be excused. Part 2 of this blog will explore those circumstances.General Exemptions

Louisiana provides two general exemptions from jury service.

1 - Age. Persons seventy years of age or older shall be exempt from jury service and may decline to serve as jurors. La. Const. Ann. art. V, § 33. However, they are free to serve if otherwise qualified.

2 - Prior Service. The second, all “persons who have served as grand or petit jurors in criminal cases or as trial jurors in civil cases or in a central jury pool during a period of two years immediately preceding their selection for jury service.” La. Sup. Ct. R. 25.

No exemption is automatic. A prospective juror qualifying for one of the above exemptions must assert the exemption by contacting the appropriate jury commission.

Recognized Excuses

In criminal cases, a juror may be excused when such service “would result in undue hardship or extreme inconvenience.” C.Cr.P. art. 783

In civil cases, a juror may be excused when service would result in “undue or extreme physical or financial hardship.” However, these circumstances are limited to circumstances in which an individual would:

1. Be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute care giver during the period of participation in the jury pool or on the jury; or

2. Incur costs that would have a substantial adverse impact on the payment of the individual's necessary daily living expenses or on those for whom he or she provides the principal means of support; or

3. Suffer physical hardship due to an existing illness or disease. La. Rev. Stat. Ann. § 13:3042

With respect to both criminal and civil service, a request for excusal can be mailed to the issuing court and should include an explanation of circumstances. In most cases, the letter must also include supporting documentation, such as, “state income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, and similar documents, which the judge finds to clearly support the request to be excused.” “Failure to provide documentation shall result in a denial of the request for a waiver.” La. Rev. Stat. Ann. § 13:3042You should serve if you can but, if you need to be excused, questions regarding exemptions, excusals, and/or qualifications should be directed to the appropriate jury commissioner’s office.

Andrew Blanchfield, Managing Partner at Keogh Cox, represented the Louisiana Office of State Police and a State Trooper in a recent wrongful death jury trial in the 19^th Judicial District Court in Baton Rouge. In the case, Andrew Arway was fatally shot during a traffic stop in Avoyelles Parish on May 24, 2004 by a Louisiana State Trooper.

The Trooper's dash cam video established that the traffic stop was initiated at 4:30 a.m. However, Arway did not initially stop his vehicle and instead drove forward slowly for several hundred feet. Once Arway's vehicle came to a stop, he exited, placed his hands in his pockets, and began to move to the front of his truck, ignoring the Trooper’s commands. Arway then made the motion of searching for a weapon. At one point, he formed his hands as if he held a gun and yelled “freeze.” In response, the Trooper loudly commanded Arway to place his hands where they could be seen. Arway again ignored the Trooper's commands and moved towards a ditch, outside of camera view.

The Trooper testified that Arway continued to make gestures as if he was looking for a weapon around his ankle. According to the Trooper, he fired two shots when he lost sight of Arway’s hands. No weapon was found on Arway and his blood alcohol level was twice the legal limit.

Arway’s wife and children brought a wrongful death action alleging excessive force. At trial, Blanchfield argued that the Trooper’s force was reasonable and that the Trooper justifiably feared for his life in view of Arway’s bizarre and threatening behavior. Evidence was also presented that Arway’s behavior was consistent with a “suicide by cop” theory.

The Baton Rouge jury deliberated for 90 minutes and concluded that the Trooper’s use of force was reasonable under the circumstances.

Andrew "Drew" Blanchfield is a litigator with over 30 years of courtroom experience. Litigating dozens of complex jury trials in state and federal courts, Drew has offered representation to various sectors to include industrial accidents, business litigation, oil and gas, healthcare, and professional liability defense. When he is not advising his corporate clients or in a court room (or on the tennis court), Drew spends time with his wife and four children.

When President John F. Kennedy signed the Equal Pay Act, he called it a "first step" and one which "affirms our determination that when women enter the labor force they will find equality in their pay envelopes.” Despite the many federal statutes passed since the Equal Pay Act, "equal pay" remains a hot-button issue and the subject of protests aimed at correcting an actual and/or perceived disparity. Locally, the New Orleans Police Department estimates that between 10,000 and 15,000 protesters took part in the Women’s March in New Orleans on Saturday, January 21, 2017.

New Orleans Mayor Mitch Landrieu issued an executive order during the week following the protests wherein he requested that a pay disparity survey be conducted by the Civil Service Commission. He further announced a ban of questions about salary history during the hiring process for New Orleans city employees, noting, “It is unacceptable that, on average, women make just 79% of what men make. We need equal pay for equal work.”

Mayor Landrieu's order is limited to city jobs and follows a year when some state officials, including Gov. John Bel Edwards, were dealt a defeat in the Legislature on a separate equal pay measure. The state “equal pay” measure ultimately passed the Senate, but was defeated in a House committee.

The right of employees to be free from discrimination in their compensation is protected under many federal laws, including the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. Specifically, the Equal Pay Act requires that men and women be given equal pay for equal work. Pay differentials are permitted only when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. Of course, these bases provide affirmative defenses that can be raised by the employer in the event of a lawsuit.

Whether the recent protests will become a catalyst for further "equal pay" legislation is not known; what is known is that the issue has been around since before John F. Kennedy and does not appear to be going away anytime soon.