State v. Thompson

• Decision Date: 18 September 2017
• Docket Number: No. 2015–K–0886,2015–K–0886
• Citation: 233 So.3d 529
• Parties: STATE of Louisiana v. Leslie C. THOMPSON
• Court: Louisiana Supreme Court

233 So.3d 529

STATE of Louisiana

v.Leslie C. THOMPSON

No. 2015–K–0886

Supreme Court of Louisiana.

September 18, 2017

Louis Granderson Scott, for Applicant.

JACKSON PARISH DISTRICT ATTORNEY'S OFFICE, Hon. Daniel W. Newell, District Attorney, Darell Robert Avery ; TERESA CULPEPPER CAROLL, PLLC, Teresa Culpepper Caroll, for Respondent.

WEIMER, Justice

We granted certiorari in this case primarily to consider defendant's contentions that: (1) the evidence was insufficient to support his convictions on three counts of malfeasance in office, (2) the district court erred by permitting the state to introduce unduly prejudicial "other bad acts" evidence under La. C.E. art. 404(B) and the court of appeal compounded that error by applying a faulty "harmless error" analysis in assessing the effect of the erroneous admissions, and (3) the district court erred in denying his motion for a mandatory mistrial under La. C.Cr.P. art. 770 due to the prosecutor's references to race.

After reviewing the evidence in this case from the perspective of a rational trier of fact who interprets that evidence as favorably to the prosecution as any rational trier of fact could, we conclude that the evidence was sufficient to find defendant guilty beyond a reasonable doubt as to Count I of the malfeasance in office charge; however, as to Counts II and III, we find that no rational trier of fact could have found defendant guilty beyond a reasonable doubt. Pretermitting all other assignments of error, we additionally find that the district court erred in denying defendant's motion for a mandatory mistrial after the prosecutor directly referenced race in a comment before the jury that was neither material nor relevant and that could create prejudice against defendant in the minds of the jury members. Accordingly, we vacate defendant's convictions and sentences, and remand this case to the district court for further proceedings consistent with this opinion.

FACTS AND PROCEDURAL HISTORY

Defendant Leslie C. Thompson assumed the office of mayor of the town of Jonesboro on January 1, 2007. On March 5, 2013, during his second term of office, the state filed a bill of information charging defendant, as a principal, with three counts of malfeasance in office in violation of La. R.S. 14:134 ("Malfeasance in office"), La. R.S. 14:24 ("Principals"), and La. R.S. 33:404 ("Duties of mayor"). Specifically, the bill of information alleged that Mayor Thompson:

being a public officer or public employee, did intentionally fail to perform a duty required of him, as such officer or employee, and intentionally performed such duty in an unlawful manner, and knowingly permitted other public officers and public employees, under his authority, to intentionally refuse or fail to perform such duty lawfully required of him, or perform such duty in an unlawful manner by failing to direct the administration and operation of the Town of Jonesboro, including all municipal departments, offices, and agencies, in conformity with provisions of state law, in that

Count I : on or about June 30, 2007 through June 30, 2012, in violation of La. R.S. 24:513, La. R.S. 24:518, La. R.S. 44:36, and La. R.S. 44:412, he:

1. neglected, failed or refused to furnish the legislative auditor with such papers, accounts, books, documents, films, tapes, and other forms of recordation, including but not limited to computer and recording devices, whether confidential or otherwise, that the legislative auditor has the right to inspect and examine, and

2. denied the legislative auditor access to the office, or to papers, accounts, books, documents, films, tapes, and other forms of recordation, including but not limited to computer and recording devices, whether confidential or otherwise, that he has the right to inspect or examine, and

3. refused, failed, or neglected to transmit to the legislative auditor reports, statements of accounts or other documents upon request as provided by law, and

4. obstructed or impeded, in any manner, the legislative auditor in making the examination authorized by law, and

5. failed to exercise diligence and care in preserving the public records of the Town of Jonesboro for the period or periods of time specified by law for such public records or not preserving and maintaining those records for a period of at least three years from the date on which the public record was made, and

6. failed to establish and maintain an active continuing program for the economical and efficient management of the records of the Town of Jonesboro, and

Count II : between January 2011 and June 2012, in violation of La. R.S. 14:67, La. R.S. 11:1751, and La. R.S. 11:1732(13) he misappropriated or took, with the intent to deprive permanently, a thing of value of a value of one thousand five hundred dollars or more, to-wit: public funds belonging to the Town of Jonesboro in the amount of $13,720.75, which belong to another, without the consent of the other to the misappropriation or taking, and by means of fraudulent conduct, practices, or representations, specifically by providing payments of public funds to the Municipal Employees Retirement system for employees who were not actively employed on a permanent regularly scheduled basis of at least thirty-five hours per week, and

Count III : between January 2011 and June 2012, in violation of, La. R.S. 14:68 he took or used, without the intent to deprive permanently, a movable, to-wit: public funds belonging to the Town of Jonesboro in the amount of $38,072.06, which belong to another, without the consent of the other to the taking or use, and by means of fraudulent conduct, practices, or representations, specifically by providing payments of public funds for Blue Cross Blue Shield of Louisiana insurance premiums for non-employees of the Town of Jonesboro.

Following the institution of prosecution, numerous pre-trial motions were filed,¹ including among them, a notice filed by the state seeking to introduce other crimes, wrongs, or acts pursuant to La. C.E. art. 404(B). A contradictory hearing on the Article 404(B) notice was held, at which the state presented the testimony of several witnesses in an attempt to establish the admissibility of 11 "other bad acts" allegedly committed by defendant. At the conclusion of that hearing, the district court determined that the probative value of the "bad acts" evidence outweighed its prejudicial effect and, therefore, allowed each act alleged in the Article 404(B) notice to be introduced into evidence.

The case then proceeded to trial, with jury selection beginning on August 26, 2013, followed by testimony commencing on August 29, 2013. During the examination of one of the state's initial witnesses, the prosecutor made a reference to race in the presence of the jury, stating that "there's been an allegation made ... [that] the Mayor has been harried by various conservatives and or white people." Defendant objected and moved for a mistrial on grounds the prosecutor was injecting race into the proceedings. The district court overruled the objection and denied the motion for mistrial, reasoning that the defense had alluded to race during voir dire and the opening statement and, thus, the state was entitled to rebut the racial implications.

Defendant subsequently filed a written motion for mistrial alleging that racial issues had clearly become a factor in the trial. Defendant pointed out that both parties had questioned potential jurors regarding racial fairness during voir dire and several members of the venire had expressed concern that any verdict (guilty or not guilty) would divide the community further. Defendant also argued that the prosecutor's reference to "white people" in the presence of the jury was a mandatory, and not a permissive, ground for a mistrial under La. C.Cr.P. art. 770. The district court denied defendant's motion after hearing argument from the parties. Defendant then sought writs on the ruling, which the court of appeal denied, finding no palpable error in the ruling and that defendant had an adequate remedy on appeal. State v. Thompson , 48,848 (La.App. 2 Cir. 9/11/13) (unpub'd).

Testimony continued and finally concluded on September 10, 2013. At the close of deliberations, the jury unanimously found defendant guilty as charged of all three counts of malfeasance in office. Following the denial of his motion for new trial, the district court sentenced defendant as follows. As to Counts I and II, defendant was sentenced to serve consecutive terms of three years at hard labor, with $1,000 fines imposed as to each count. As to Count III, the court sentenced defendant to five years at hard labor, with all five years suspended, said sentence to run concurrently with his sentences for Counts I and II, plus a $1,000 fine and court costs. The court additionally ordered that defendant be placed under supervised probation for a period of five years following his release from incarceration. Finally, the court ordered that defendant pay restitution of the town of Jonesboro in the amount of $51,792.81, which represents the aggregate of the amounts identified in Counts II and III.

Defendant appealed his convictions and sentences. In a thorough (and lengthy) opinion, the court of appeal affirmed defendant's convictions, but vacated his sentences and remanded for re-sentencing. State v. Thompson , 49,483, p. 92 (La.App. 2 Cir. 3/18/15), 163 So.3d 139, 192.

Addressing the sufficiency of the evidence first, the court of appeal concluded that the state's evidence was sufficient to prove all three counts of malfeasance in office beyond a reasonable doubt. With respect to Count I, which charged that defendant committed malfeasance by failing and/or refusing to maintain proper records and to supply them to the Louisiana Legislative Auditor, the court of appeal found the evidence sufficient because it demonstrated the town's financial records were so incomplete and disorganized that auditors issued disclaimers for five...