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State v. Guillory

3/11/1998

. He was later convicted on his guilty plea of this charge. Ms. Daniels would say that she never met Chris Guillory, but that Tezeno talked about him all of the time. It was her impression that they were very good friends.


(b) Kathy LaChappelle would have testified that she met Tezeno when she was 16 or 17. Tezeno called her one time although she had not given him her phone number. He told her he was in trouble and that if the police caught him, he wanted to use her as an alibi. She told him no and to never call again.


(c) Clarissa Arceneaux, the former wife of Jeff Tezeno, could have testified to the fact that Tezeno admitted to her that he had told the police that Anthony Lamb, his accomplice, was the one who had done the burglary of Mayo's, of which he, too, was subsequently convicted.


13. On the question of the sexual assault, the defense tried to show the narrow minded approach of the State's star investigator, Sgt. Denise Hughes. The prosecution sought to pin this on Mr. Guillory. The defense therefore sought to determine that Hughes had made no effort to determine whether Tezeno had Disposition to have been the one to have anal sex with Robert Dougay. Hughes had not bothered to even make inquiries at the jail. Jonathan Thierry would have testified that Tezeno was into anal sex with men at the CCC. Tezeno spent much of his time with the "wolves," "booty bandits," "sweet feet" (all names for homosexuals) on the tier. Tezeno had a very tight relationship with his cell mates and that they were usually young. One in particular, Larry James, was always with Tezeno. When James was shipped out to the Department of Corrections, Tezeno said "Damn, I got to get married again." Thierry queried what this was about, and Tezeno said, "My man gone."


14. The defense was improperly prevented from presenting evidence at the trial from Robert Bartie. The prosecution coerced the defense witness to prevent him from testifying for the defense, by threatening him overtly with prosecution for potential criminal offenses, although when the prosecution wanted testimony from other witnesses (e.g., Tezeno and Cady) the prosecution gave immunity for far more significant testimony of much more dubious truthfulness. The defense should have been allowed to call Cady's lawyer, not to reveal privileged material, but simply to repeat what he had said in open court. The defense should alternatively have been allowed to admit Cady's statement against penal interest. Certainly, Mr. Bryant should not have been permitted to argue that there was no evidence that Tezeno had the gun on him.


15. The prosecution's objections to the defense closing argument were improperly sustained. In particular, when counsel was arguing that the jury had heard evidence that Tezeno habitually had the gun in question the Court sustained an objection Ä although this was precisely what Sgt. Hughes had testified. The same occurred with respect to Jay Vallaire's statement that Tezeno had the gun, and on other matters.


16. The prosecution's closing argument violated Mr. Guillory's fundamental rights, particularly insofar as Mr. Bryant commented repeatedly, over objection, on the defense's alleged failure to call witnesses.


17. The instructions that were given were not proper statements of the law.


18. Proper instructions were denied in violation of the law, including an instruction on the unreliability of snitch testimony.


19. The jury was improperly reinstructed during deliberations without telling them about the law of principals, which was integral to the defense.


20. Mr. Guillory reiterates and reurges every motion, objection and argume

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