Jurisdiction fight on in 15-year-old case
8/25/2000
VILLE PLATTE - It was a battle of legal wills Thursday as lawyers on both sides of a 15-year-old murder case argued about who should have jurisdiction in the matter.
Judge Gaynor Soileau of the 13th Judicial District was mum about what prompted him on June 20 to grant a new trial to the 37-year-old Jacob Guillory Jr.
"I don't comment on cases," Soileau said after the proceedings. "I know other judges do, but I don't."
At the hearing Thursday, the judge did say that he could not rule on the motion by Jimmy White, an assistant attorney general, to vacate or overturn the order for a new trial.
"The court will not vacate its order," Soileau said during the proceedings. "I don't think I have the power of authority to decide."
The motion for a new trial or sentence filed on Jan.7 by Guillory's current attorney, Clayton Burgess of Lafayette.
Guillory, who sat quietly during the proceedings, was convicted of second-degree murder on Aug. 13, 1987, in the death of Caffery Scott Jr., who was shot to death on July 20, 1985, as he walked home on a rural road in Evangeline Parish.
Guillory was sentenced to life in prison without the benefit of parole, pardon or suspension of sentence.
The courtroom was filled with family members Thursday - from both sides.
"It was my first time seeing him," said Phillip Scott, of the man convicted of killing his father. "I was 13 when my father was killed. It was hard. I had never seen him before. I had to leave the courtroom. Now I know what he looks like."
Since the announcement in July that a new trial had been granted, Scott family members have held prayer vigils and protest marches to call attention to the matter. They have vowed to do whatever is necessary to oppose the new trial.
On Thursday, the lawyers said they will continue filing motions until a decision is made on whether the judge's order for a new trial is overturned or upheld. This matter will be decided by an appeals court.
White argued at the hearing that the new trial should not have been granted.
"They filed a motion to amend the sentence, not for a new trial," White argued. "There is no provision which allows a court to come in and give him an amended sentence."
White filed a motion to vacate the order for a new trial on Aug. 4.
The judge said the 3rd Circuit Court of Appeal would have to rule on this matter. "I think I have been divested of authority" to decide whether his order for a new trial will stand, Soileau said.
The judge scheduled a hearing to consider Guillory's bond request at 9 a.m. on Sept. 22. Nine other motions filed by the defense will also be considered at that time, Soileau said.