Labat v. Sigler

• Decision Date: 27 May 1958
• Docket Number: Misc. No. 550.
• Citation: Labat v. Sigler, 162 F.Supp. 574 (E.D. La. 1958)
• Parties: Edgar LABAT and Clifton Alton Poret v. Hon. Maurice SIGLER, Warden of the Louisiana State Penitentiary, Angola, Louisiana, on Application for a Writ of Habeas Corpus.
• Court: U.S. District Court — Eastern District of Louisiana

162 F. Supp. 574

Edgar LABAT and Clifton Alton Poret v.Hon. Maurice SIGLER, Warden of the Louisiana State Penitentiary, Angola, Louisiana, on Application for a Writ of Habeas Corpus.

Misc. No. 550.

United States District Court E. D. Louisiana, New Orleans Division.

May 27, 1958.

G. Wray Gill, G. H. Schreiber, Simmie R. Monroe, New Orleans, La., for relators and petitioners.

Jack P. F. Gremillion, Atty. Gen., M. E. Culligan, Asst. Atty. Gen., John E. Jackson, Jr., Weldon Cousins, New Orleans, La., for the State of Louisiana.

J. SKELLY WRIGHT, District Judge.

Petitioners, both Negroes, are condemned to die for the rape of a white female in the city of New Orleans.They were convicted by jury and their conviction was affirmed by the Supreme Court of Louisiana.State v. Labat, 226 La. 201, 75 So.2d 333.The Supreme Court of the United States also affirmed the conviction after granting a writ of certiorari limited to an attack on the grand jury venire.Michel v. Louisiana, 350 U.S. 91, 76 S.Ct. 158, 100 L.Ed. 83.In this application for a writ of habeas corpus, petitioners contend that they were convicted on the perjured testimony of one Earl Howard, which perjury was coerced by the police.This issue was neither raised nor passed on during petitioners' original trial.However, the state remedy with respect to it has been exhausted by the submission of this issue via application for writ of habeas corpus to the Supreme Court of Louisiana, which application was denied.State of Louisiana ex rel. Poret and Labat v. Sigler, No. 43799, decided September 25, 1957.An application for writ of certiorari to the Supreme Court of the United States from this denial was also denied, but the cause was remanded to this court¹ for further consideration of the application for habeas corpus in view of the exhaustion by petitioners of state remedies.Poret v. Sigler, 355 U.S. 60, 879, 78 S.Ct. 144, 2 L.Ed.2d 107, 109.

A full hearing, including the testimony of twenty-four witnesses and the introduction of several documents, was conducted by this court.The evidence shows that on the early morning of November 12, 1950, Earl Howard, a Negro, was on the corner of Thalia and South Galvez Streets in the city of New Orleans.He saw Robert Penedo and Helen Rajek, both white, knocking on the front door of the home of Miss Rajek's sister located on that corner.Miss Rajek's brother-in-law also operated a grocery at that location and Miss Rajek had seen Howard previously around the grocery store.

When no one in the home of Miss Rajek's sister and brother-in-law responded to their knocking, Penedo and Miss Rajek departed, proceeding out Thalia Street toward Broad Street.Shortly after they left, the petitioners, Poret and Labat, came to the corner of Thalia and South Galvez where they spoke to Howard.Poret and Labat then followed Penedo and Miss Rajek out Thalia Street.When Poret and Labat overtook Penedo and Miss Rajek, Labat jumped Penedo from behind while Poret seized Miss Rajek and took her off into an adjoining alley.Penedo broke free of Labat and ran back to Thalia and South Galvez where he called the police and returned with them to the scene of the crime.On seeing the police, Labat and Poret ran, leaving Miss Rajek in the alley where both had...