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3rd Circuit rules against new trial for convicted killer

VILLE PLATTE - The Louisiana 3rd Circuit Court of Appeal ruled Thursday that a state court judged was wrong to grant a new trial for a man convicted of murder 15 years ago.

The appeals court ruling will be appealed to the state Supreme Court.

Jacob Guillory, 37, who was convicted in 1985 in the death of Caffery Scott Jr., was granted a new trial on June 20 by District Judge Gaynor Soileau.

Jimmy D. White Jr., the assistant state attorney general representing the state in the appeal, applauded the 3rd Circuit ruling.

"I think it is the correct ruling," said White said. "What the ruling says is that a motion for a new trial has to be filed prior to imposition of sentence or within one year of conviction."

Guillory's attorney, Clayton Burgess of Lafayette, said the matter is far from over.

Burgess said he plans to file an appeal to the state Supreme Court and submit information on a new witness to the district court.

"The family of Jacob Guillory is calling for the investigation to be reopened," Burgess said. "I have a new witness statement that has been filed."

Burgess said the female witness, whom he would not identify, has evidence that Guillory was not in the vehicle when Scott was shot but was with her.

"That person never testified," Burgess said. "She was told she could not testify at the new trial."

The attorney said he plans to submit the statement of the witness to the attorney general's office and the district court to review.

"The moral, ethical and legal thing to do would be to reopen the investigation," Burgess said.

"I am fairly confident in that the ruling will stand," White said. "It is a controlling ruling that will take care of the issue at hand in regard to what the district court did."

The case has caused some racial tension in Evangeline Parish, with members of the Scott family, who are black, charging that Guillory, who is white, has not been handled treated as severely as other convicted murderers because he killed a black man.

Guillory was sentenced on April 24, 1987, to life in prison without parole.

Members of the family gathered Thursday at the Evangeline Parish Courthouse to express their relief about the appeals court's ruling, and their unhappiness over having to relive the experience.

"I don't think it is fair," said Kathy Scott, daughter-in-law of the slain man. "If it was a black man who had killed a white man, they wouldn't have given him a new trial. (A black man) would not have had the opportunity for a new trial.

"I am just glad justice was served here," she added.

Members of the family said the ordeal is not over, since a hearing set for 9 a.m. today is still being conducted.

The hearing was set by Soileau to hear motions on the order for a new trial, to consider setting a bond for Guillory and to hear motions filed by the state in the case.