Friday, 24 October 2014 14:25
Painter trial, another Jindal embarrassment
 

waguespackAs if the administration’s handling of bogus criminal accusations against former Commissioner of the Louisiana Office of Alcohol and Tobacco Control Murphy Painter wasn’t already embarrassing enough after Painter’s acquittal ended up costing the state $474,000 in reimbursement of his legal fees and expenses, a recent civil court decision has added insult to injury.

(Photo: Stephen Waguespack) 

Bobby Jindal (R-Iowa/New Hampshire/Florida/Anywhere but Louisiana) thought he could make an example of Painter over the then-ATC commissioner’s refusal to bend the rules for New Orleans Saints owner Tom Benson, whose family and businesses have poured some $40,000 into various Jindal political campaigns.

Painter twice rejected applications by SMG (formerly Spectacor Management Group), the Mercedes-Benz Superdome management firm, for a permit to erect a large tent at Benson’s Champions Square adjacent to Benson Towers across from the Superdome. The tent was to house beer sales by Anheuser-Busch distributor Southern Eagle and approval of the permit was sought by Southern Eagle, SMG, the Louisiana Stadium and Exposition District (LSED) board and a law firm representing SMG. Altogether, the Benson family, LSED board members, SMG, its law firm and Southern Eagle had combined to pour more than $203,000 into Jindal campaigns between 2003 and 2012.

When Jindal executive counsel Stephen Waguespack insisted that the permit be expedited, Painter asked that he put his concerns in writing but Waguespack refused.

Not only did Jindal fire Painter when his commissioner insisted that the permit application for the Champions Square tent be complete and proper, he even had Painter indicted on criminal charges of stalking a female employee. Present at the firing ceremony were Waguespack, State Police Superintendent Mike Edmonson, and another member of the governor’s legal staff.

The subsequent criminal prosecution of Painter fell apart and his acquittal carried a stipulation that the state pick up the tab for Painter’s legal fees and affiliated costs.

Now, a civil trial jury has determined unanimously that the female former employee, Kelli Suire, defamed Painter even though the Louisiana Office of Risk Management, most likely at the insistence of Jindal’s Division of Administration, settled Suire’s claims against the state in 2011 without Suire’s ever having been required to sit for a sworn deposition in the apparent hope the settlement would bolster the state’s case against Painter.

Oops.

Painter’s defamation suit against Suire was bifurcated, meaning it was to be tried in two parts. The first part, the part just completed, was to settle the question of actual liability. Had Suire been found not guilty of defamation, the second part to determine actual monetary damages would have been unnecessary.

Unfortunately for Jindal’s chances to avoid further embarrassment over the sloppy manner in which the Painter matter was handled, such was not the case and the damages part will be tried next.

Throughout the entire matter, Painter has made clear that he wanted his day in court.

The liability trial was heard in U.S. District Court for the Middle District of Louisiana before Judge Shelly Dick and a seven-person jury. Following a three-day trial, the jury took about three hours.

Painter was represented at trial by attorney Al Robert, Jr., and Suire by Jill Craft.

The issues in the case first arose on Aug. 16, 2010, soon after Suire filed a complaint with the Louisiana Office of Inspector General (OID) alleging a myriad of allegations against Painter. The lead OIG investigator at the time, Shane Evans, now employed by the East Baton Rouge Coroner’s Office, testified that he met with Suire and that he personally chose to use the words “stalking” and “harassing” to describe the nature of Suire’s complaints in his application for a search warrant.

Painter also has a civil lawsuit pending against OIG which alleges the agency’s investigation, which began in August of 2010, was improperly conducted.

Robert said the jury’s verdict confirmed the finding of an outside investigator hired by the Louisiana Department of Revenue (DOR) under which ATC operates. The investigator determined that Painter’s actions did not violate DOR anti-harassment policy. Moreover, when questioned by the DOR investigator, Robert said, Suire “admitted that Painter did not make unwelcome sexual advances toward her and that he did not request sexual favors or engage in verbal or physical conduct of a sexual nature toward her. Inexplicably, the Office of Inspector General ignored this investigation when it chose to move forward with its investigation of Mr. Painter,” he added.

“This has been a long, four-year ordeal to clear my name of the lies and untruths that Ms. Suire—and those working with her—used to damage my character and reputation,” Painter said.

In her instructions to the jury, Judge Dick said defamation requires proof of a false or defamatory statement made to a third person or persons. “A person who utters a defamatory statement is responsible for all republication that is the natural and probable consequence of the person’s statement,” she said.

Suire, in her defense, did not deny making the statements but said rather that her statements were subject to “privilege,” or inadmissible, Judge Dick said, acknowledging that Suire’s communications did in fact “occasion a conditional or qualified privilege.”

Therefore, in order for Painter to prevail, she said, he “must prove that (the) defendant abused this privilege by acting with actual malice.” Such a finding, the judge said, would require that Suire either knew the matter to be false or acted in reckless disregard as to its truth or falsity.

Suire currently resides in Florida.

 


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