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State v. Guillory3/11/1998
effort to show that Mickle Cady was not to be trusted:
(a) Mickle Cady, characterized by Mr. Bryant as a "devastating" witness, had pending charges for [Controlled Dangerous Substance] and a felony in possession of a firearm. The only question the defense was allowed to ask was whether Cady had a deal with the State, which he denied. Linda Mitchell said that he was lying about this, since he had told her that he had an arrangement with a police officer that the cases would be dismissed. The prosecution argued that this was not true, and cross-examined Ms. Mitchell, asking her whether she knew whether the charges had been dismissed according to the agreement Ä implying that there was no such agreement.
(b) The defense was not allowed, at trial, to introduce the record of Mickle Cady's pending charges. These would have shown that Cady had been bonded out, had jumped bond, had been on the run for months (not being available for the suppression hearings held prior to trial) and had only recently been tracked down to Virginia. The defense was not allowed to show that he was being flown in from Virginia, and then flown back out, as opposed to being held in the [Calcasieu Correctional Center] for the next months before being sent to [Department of Corrections].
(c) Linda Mitchell would have elaborated on the scam going on her. She would have testified that Cady had been a drug partner with her former husband, Robert Mitchell. This is corroborated by a police report made by none other than Lt. Candy Lewis that states:
It is a well known fact that Mitchell and Cady are good friends, further it is a known fact that Mitchell is a drug dealer (supplier) and Cady is a street front (street dealer) for Mitchell.
Report of Sgt. R. Lewis (Jan. 9, 1983).
(d) The defense was only allowed to bring out Cady's prior convictions for [Controlled Dangerous Substance] and for theft of goods. Cady had been arrested twice in three months for murder, and the defense was not allowed to show how he got out of these. On one of Cady's murders; on March 20, 1983 Ä according to the affidavit filed in the case by Sgt. Ron Lewis again Ä "Michael Cady shot Kirby Joseph with a chrome plated revolver, brown handles, large caliber, and Robert Mitchell shot Terry Duhon. * * * On March 30, 1983 at approximately 7:30 P.M. Kirby Joseph died from the gunshot." He was therefore charged with murder.
(e) However, as Linda Mitchell would have testified from listing to Cady's own admissions, the two murderers threatened Duhon and "persuaded" him with a large amount of drugs to change his testimony so that it would appear to be self-defense. As a result, the charges were dropped. This was weighty evidence of Cady's desire to do anything to get out of his charges.
12. The defense was improperly prevented from presenting evidence at the trial concerning Tezeno's predilection for snitching on innocent people.
(a) Rhonda Daniels would have testified that she was involved with Tezeno for about three months. Tezeno took her car around 6:00 p.m. one evening, with her permission. By about 11:00 p.m. she had not heard from him, and she called the police to report that he was missing. Sometime later the police called her and told her they had her car but they needed her to come down to the station. She asked why and they told her because they had found "drug paraphernalia" (a pipe) in her car and that Tezeno had told them it was her pipe. She became very upset and said they could take any kind of drug test from her because she does not do drugs. She was furious with Tezeno because not only had he lied on her but he had jeopardized her custody of her child
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