DA's office opposed new trial, Coreil says
8/8/2000
VILLE PLATTE - District Attorney Brent Coreil on Monday defended his office's handling of a case in which a man convicted in 1986 of murder was granted a new trial in June.
"Could (the District Attorney's Office) handled this differently? I don't think so. This is the first time this has happened," Coreil said.
State District Judge Gaynor Soileau granted a motion for a new trial for Jacob Guillory Jr. of Ville Platte. Guillory's conviction on second-degree murder in the slaying of Caffery Scott in 1985 was overturned. Guillory was serving a mandatory life sentence in prison.
Soileau did not explain the reason for his decision for a new trial.
Coreil's remarks Monday came in response to an Evangeline Parish civil-rights organization's claims during a press conference Thursday that Coreil's office made no attempt to oppose the new trial motion. Scott's family members also attended Thursday's press conference.
The civil-rights organization and the family say the killing was racially motivated. Guillory is white, and Scott was black.
On Monday Coreil issued a press release explaining his office's position. Coreil also said he met Monday with Michael Scott, a son of Caffery Scott.
Coreil said Caffery Scott's family has been offered help by the District Attorney's Office, including the use of Coreil's private law office.
"I think there is some confusion and misunderstanding in the reading of the (court) transcript of the hearing. The DA's Office was represented at the hearing by Assistant District Attorney Tony Walker, who said he had no opposition to proceeding with the hearing without (Guillory) who was not present in the courtroom.
"Things that were presented (at the press conference) from the transcript of the hearing were obviously taken out of context," Coreil said in a telephone interview.
Arthur Sampson, an Evangeline Parish civil-rights leader, said the transcript of the hearing "clearly shows" Walker did not oppose Guillory's motion for a new trial.
During the hearing, the District Attorney's Office's opposition was noted by entering into evidence Guillory's conviction, life sentence and the fact that 32 other post-conviction motions filed by Guillory had been rejected, Coreil said.
Coreil said defense attorney Clayton Burgess, Guillory's attorney, argued that an affidavit obtained last year states that a witness, who saw Guillory the night Scott was killed, said Guillory was intoxicated on the night of Scott's murder.
The new trial motion said that because Guillory was intoxicated he could not form specific intent to kill Scott, which must be proved in second-degree murder cases. Witness Melissa Charlie testified at trial that Guillory told her that he wanted to shoot a black man. Charlie testified that she was riding with Guillory when he aimed a small-caliber pistol at Scott and shot him as he walked down La. 29 near Ville Platte.
Coreil said the state Attorney General's Office is handling the appeal of Soileau's new trial order.
He could not explain why parish civil-rights leaders said the District Attorney's Office did not oppose Guillory's new trial motion.
"Were there ulterior motives? I don't know. This matter was handled (by the District Attorney's Office) in a routine manner as far as I am concerned.
"You have to realize that (the District Attorney's Office) receives hundreds of requests for new trials and post-conviction relief on a regular basis. Everyone serving a sentence wants to get out," Coreil said.
Soileau's June ruling was based on Guillory's motion for a new trial, filed in January, Coreil said.
Burgess "requested a continuance in March, and that was granted. In May, a new hearing was scheduled June 12 (by Soileau) who wrote that no further requests for continuances would be granted," Coreil said.
Coreil said Guillory's request in January "wasn't brought to my attention."
Coreil said a Victim's Rights Bill, which became state law several years ago, does not require the District Attorney's Office to notify a victim's family of new trial motions.
"If a victim's family wants notification of motions filed for post-conviction relief, family members must fill out a card with the clerk of court, saying they want notification.
"When that is done, it's the duty of the clerk of court to send out the notices. Did the Scott family fill out a card in this case? No they did not," Coreil said.