New Orleans Criminal District Judge Leon Roche defended the grand jury process that led to the indictment of Attorney General Liz Murrill in court filings Friday afternoon, asking the Louisiana Supreme Court for clarity on a previous order that raised concerns about the proceedings.
Roche presided Thursday over the grand jury’s decision to hand up a 16 count felony indictment , which charged Murrill with eight counts of intimidation and eight counts of malfeasance in office. He closed the courtroom to the public while the grand jury handed up the indictment.
Murrill responded with an emergency request for the Louisiana Supreme Court to review the indictment. The state’s high court issued a stay early Friday morning and remanded the proceedings back to district court for Murrill to file defenses in the case.
“By all public accounts the Orleans Parish Criminal District Court violated express provisions of state law requiring that grand jury returns occur in the public eye, ‘in open court,’” the Louisiana Supreme Court wrote in an unsigned order on behalf of the court. “Numerous media outlets have stated that reporters were handcuffed and removed from these otherwise public proceedings.”
In new filings to the Supreme Court on Friday afternoon, however, Roche disagreed over the meaning of “open court.” He wrote that the term “does not mean open to the public.”
“Rather, it means while the judge is present on the bench,” Roche wrote. “This interpretation is well-established in Louisiana law.”
Roche said it is a long-standing practice for trial court judges to clear their courtrooms before grand jurors present their returns, saying that doing so protected grand juror anonymity and safety.
“Certainly, there can be no suggestion that members of the public or media have a right to be present while a judge is charging the grand jury,” Roche wrote. “If that were the case, any number of criminal defendants, nefarious actors or otherwise interested parties could pierce the veil of secrecy surrounding grand jury proceedings that is enshrined in Louisiana law.”
After Roche closed his courtroom Thursday, several news reporters who were present to cover the indictment waited in the hallway. But as they waited, court security personnel threatened some with arrest. They handcuffed WWL producer Danny Monteverde and his attorney, Elana M. Beiser, who arrived with a motion to try to open the courtroom.
Roche alleged in his filing that several media members were “trying to poke their heads in and see through the windows” while the grand jury was deliberating. He said he received “credible reports” that media members were attempting to speak to and record grand jury members as they walked into court.
“Out of an abundance of caution for the grand jurors’ safety and anonymity, the Court admonished the media to not speak with or film any grand jurors, and then instructed deputy sheriffs to clear the courtroom when the grand jurors were entering the courtroom,” he wrote. “The court never instructed deputy sheriffs to remand or detain any members of the media.”
In a statement Friday, the Orleans Parish Sheriff’s office said they are still gathering details about everything that happened.
“Due to the need to maintain the sanctity of the Grand Jury process, and due to serious concerns about the safety of the jurors and other participants in the proceedings, the Court directed OPSO deputies to secure the courtroom door and perimeter,” said OPSO spokesperson Calandra Corder in a statement. “It is our understanding that OPSO personnel acted in accordance with the directives they received and worked to ensure an orderly conclusion to the proceedings and safe passage for all persons involved.”
Roche said that if the Supreme Court intends “open court” to mean “open to the public,” the high court should give further guidance to lower courts about how to protect grand juror anonymity.
Murrill’s legal team had also complained about the courtroom closure, with her attorney, Laura Cannizzaro Rodrigue saying Thursday that Roche also did not let her into the courtroom after he set Murrill’s bond.