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News (Media Awareness Project) - US LA: Indicted Judge Ordered To Testify In Trial
Title:US LA: Indicted Judge Ordered To Testify In Trial
Published On:2002-07-27
Source:Times-Picayune, The (LA)
Fetched On:2008-08-30 04:09:34
INDICTED JUDGE ORDERED TO TESTIFY IN TRIAL

Bodenheimer Called As An Informant

Suspended Jefferson Parish Judge Ronald Bodenheimer, battling federal drug
conspiracy charges, has been subpoenaed to testify in state court next week
in the trial of a

Metairie man facing a marijuana charge, after the defense learned
Bodenheimer was a confidential informant in the case.

Attorney Jim Williams, representing Joe Danny Perez, said Friday that he
was informed by the Jefferson Parish district attorney's office that
Bodenheimer had tipped off the Sheriff's Office that Perez allegedly had
marijuana at a Metairie automobile detail shop, Grand Prix Motors, at Lime
and Sanford streets.

"I'm still investigating, trying to find out exactly what Judge
Bodenheimer's role was," Williams said.

Bodenheimer was at the scene of Perez's arrest Oct. 28, 1999, and was
questioned but not arrested by deputies, Williams said. Marijuana was found
in a vehicle at the shop, and Perez was arrested.

Williams would not speculate as to how the judge knew about the drugs at
the detail shop or why he was there.

"This information will make me start all over in planning for our defense,"
Williams said. "This is a whole new ballgame. I'm going to ask Judge (Ross)
LaDart for a continuance next week."

The case is set for trial Tuesday before LaDart, of the 24th Judicial
District Court.

Bodenheimer, who was elected to Division N of that court, was indicted by a
federal grand jury for allegedly plotting to plant OxyContin in the vehicle
of a man who was complaining to federal authorities about activities at an
eastern New Orleans marina owned by Bodenheimer. The state Supreme Court
suspended the judge with pay shortly after his arrest last month.

Assistant District Attorney Doug Freese, who will prosecute Perez, said he
could not discuss details of a pending case but confirmed that the district
attorney's office Monday informed Williams about Bodenheimer being an
informant. Williams was told because the law requires prosecutors to turn
over any information that may be of use to a defendant's case, Freese said.

Williams said Bodenheimer's defense attorney, Eddie Castaing, contacted him
Thursday and said he will advise Bodenheimer to invoke his Fifth Amendment
privilege against self-incrimination if called to testify. Williams said he
will challenge that move because what he will question Bodenheimer about
has nothing to do with the federal case against him.

Williams said he will also ask for a change of venue to another parish
because of publicity surrounding Bodenheimer.

He also plans to ask LaDart to reopen the question of whether some evidence
against Perez should be suppressed.

Williams said that in a pretrial hearing, the arresting deputies gave
conflicting testimony about two men who were allegedly seen going into the
auto shop with a large garbage bag. Such a bag was never found.

Deputies at first testified that the two men were not followed after they
left the shop, then they said that they were followed but were "lost in
traffic." Williams is questioning the credibility of the deputies' testimony.

LaDart had previously ruled that the testimony should not be allowed, but
he was overturned by the state 5th Circuit Court of Appeal, Williams said.

Bodenheimer and Curley Chewning of Slidell were arrested June 5 and
indicted by a federal grand jury on one count of drug conspiracy and three
counts of using a cell phone to commit a crime. Chewning pled guilty to two
of the charges.

At his arraignment Wednesday, Bodenheimer pled innocent to the crimes and a
magistrate set a trial date of Sept. 23.
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