Sentences vacated for two convictions

Two convictions — one for cocaine possession, the other for a marijuana charge — are the latest casualties of the U.S. Department of Justice’s investigation into civil rights violations in the Iberia Parish Sheriff’s Office.

Sixteenth Judicial District Judge Vincent Borne heard arguments from defense attorneys in two separate cases for men currently serving time in the Louisiana State Penitentiary at Angola. Anthony Daye, who was serving a life sentence as a repeat offender, and Morris James, who had been charged with possession of between 28 and 200 grams of cocaine and had been sentenced to 25 years in prison, both had their sentences vacated Tuesday.

Daye’s sentence was vacated because of testimony from deputies and former officers of the IPSO who plead guilty to felony charges in exchange for their cooperation with the federal prosecution of Iberia Parish Sheriff Louis Ackal. Daye, who testified for the defense in Ackal’s federal civil rights trial last month, will return to the prison for processing, then most likely be sent back to the Iberia Parish Jail where he will await trial on second-degree murder charge in the 2010 death of local barber Cliff Williams.

“It was a good faith argument on both sides,” defense lawyer Richard Spears said of the hearing. “We did not discover the new evidence until after a year from his conviction, which was an issue. But it was in the hands of the state, of the cops themselves.”

Because District Attorney Bo Duhé had recused his office from the prosecution, an attorney from the state Attorney General’s office prosecuted the case.

“If they decide to prosecute the marijuana charge, the trial is set for March 5,” Spears said.

If the drug charge is not pursued, which Spears indicated he thought it would not be, Daye may be back in court by August on the murder charge.

“I’d be surprised if it wasn’t tried by next summer,” Spears said. “Anthony (Daye) will not plead to anything.”

James’ case did not involve any of the nine deputies who entered guilty pleas, but one of the witnesses for the prosecution against Ackal, former IPSO Narcotics Agent Jacob Huckaby.

“According to Huckaby, in 2011 he saw James leaving a known drug dealer’s house, then initiated a traffic stop,” 16th Judicial District First Assistant District Attorney Rob Vines said. “Huckaby was the only witness. In July 2014, we took the to case to trial. James entered a guilty plea and was sentenced to 25 years. He has prior convictions.”

Vines said the testimony in the Ackal trial opened the door for the vacating of the sentence.

“Fast forward to the Ackal trial,” he said. “We were made aware for the first time that Huckaby’s credibility was called into question, that he had not accurately reported things, falsified statements and reports.”

Vines said that upon the vacating of the sentence for James, he entered a declaration of nolle prosequi, meaning the prosecution would pursue the charge.

“We did not oppose the granting of new trial,” Vines said. “After the judge ruled, I immediately turned around and said we would not seek a new trial.”

Vines said without any other witnesses, the state has no case against James.

“It was a one-witness case,” Vines said. “I don’t think that if I went to trial before a jury that I could convince them beyond a reasonable doubt.”

According to defense lawyer Spears, James could be released today.

“It was a good day for the defense,” Spears said. “As for James, he’ll be home tomorrow. He ultimately belongs to Angola, but we are waiting for them to call and say he has been released.”

Vines said that in the initial review of cases based on tainted evidence from the discredited IPSO officers, more than 100 cases were immediately dropped. In two subsequent screenings of cases, one by prosecutors in the district attorney’s office, then based on the request of defense lawyers who were notified of the new evidence in their client’s cases, an unknown number of other cases were dropped or had consideration made.

“In some we negotiated a different deal,” Vines said. “Maybe it was a lower sentence or a different charge.

“In addition any pending cases, we pulled any case where we had only testimony from the discredited deputies. Their testimony calls into question whether we can rely on it.”

Now the district attorney’s office is going through trial transcripts to find any other testimony that could jeopardize other cases, past present or future.

“We have to decide whether or not any testimony that impacts cases we have prosecuted or are prosecuting are affected,” Vines said. “We are in the process now. First we are going to recreate the procedure and send out letters for any cases that involved Jacob Huckaby.”

Ackal was acquitted in November on federal civil rights and conspiracy charges after nine of his former deputies, along with his second-in-command lieutenant, admitted to an array of lawless acts, including beating inmates and lying under oath in the investigations that followed.

Sentencing for the former subordinates who pleaded guilty in the case is set for next year.