Stafford trial remains in Avoyelles, reset for Nov. 28

Greenhouse trial will be rescheduled for early 2017

 

   Derrick Stafford will go to trial on Nov. 28 on charges of murder and attempted murder in connection with the Nov. 3, 2015  shooting death of 6-year-old Jeremy Mardis and the shooting of Chris Few, the child’s father.
   During a two-hour hearing on June 29, 12th Judicial District Judge Billy Bennett granted the motion to postpone the trial after prosecutor John Sinquefield said the state would not object to the delay. Sinquefield, with the Attorney General’s Office, recommended Stafford’s trial be set for the week previously scheduled for co-defendant Norris Greenhouse Jr. Greenhouse’s trial will be rescheduled for early next year.
   Stafford and Greenhouse were working as part-time deputy marshals for the Ward 2/City Court Marshal’s Office when the incident occurred. Few was pursued to a deadend, where State Police investigators said a body camera video showed Few raising his hands and then recording shots being fired.
   Few’s son, who was buckled in the front seat next to him, was killed by at least five of the 18-21 bullets fired at that vehicle.
   Bennett deferred acting on attorney Jonathan Goins’ motion to move the trial out of Avoyelles Parish. The judge said that decision will be made after jury selection begins, to better determine whether Stafford is able to get a fair trial in this parish.
   Both sides agreed there has been extensive media coverage of the case, but Bennett said that is not enough reason to move the trial.  The trial can only be moved if the defendant cannot get a fair and impartial trial in the parish where the offense occurred, and that cannot be determined until prospective jurors are questioned, he said.
 
Motions approved
   Three motions were approved after the prosecution agreed to comply with the defense’s requests in those motions -- that criminal records of all witnesses be provided, that any evidence favorable to the defendant be provided to the defense attorneys and that Stafford and his attorneys be allowed to visit the scene of the Nov. 3 incident.
   Sinquefield said the state will insist that the “integrity of the scene” be preserved during that site visit. Bennett said the area will be cordoned off by law enforcement officers to ensure the attorney and defendant are not disturbed during the visit. He recommended the scene be photographed prior to the visit to ensure nothing is altered.
   Bennett denied a motion to require that the defense be given access to Few’s psychiatric history and treatment. He said medical records relating to Few’s condition on the night of the shooting have been provided to the defense, and his past medical history and records are not relevant.
   Bennett approved allowing funding for an accident reconstruction expert -- contingent on the defense proving Stafford is indigent and unable to afford the cost of such an expert. The request for funds for an expert to testify about use of force in the case will be heard Aug. 15.
 
Attorney’s comments
  One interested observer of the hearing commented on Goins’ request for any of Few’s medical records that might relate to  any history of treatment for psychological or substance abuse issues.
  Goins pointed out that blood tests at the hospital where Few was taken after being critically wounded on the night of the incident showed alcohol and some drugs in Few’s system. Goins said he wants to know if the drugs in Few’s system were prescribed or not.
  Steve Lemoine, one of Few’s attorneys for an expected civil suit, said Few’s medical records have nothing to do with this case and could not be used by Stafford’s attorneys unless they were going to argue that police officers should have the right to shoot anyone with alcohol or drugs in their blood system.
  “I would expect there are some people who would argue that police should have the authority to shoot lawyers who mouth off without regard to the facts,” he added with a laugh.
   Becoming serious again, Lemoine said he represents Few in a civil matter and is not involved in the criminal case. He said Few “objects to any conduct by the defense to violate his rights as a victim in this situation.”
   In arguing for the court to provide funds for a use-of-force witness, Goins said state law would allow such a witness to express an opinion concerning whether a potential victim would have reason to use force. He said a major element of Stafford’s defense will focus on the use of force issue.
   Lemoine referenced Goins’ comments about Stafford acting to prevent becoming a victim, saying, “Stafford certainly is not a victim.”