FROM
The Times Picayune
Saturday, October 15, 2005

Inmates fighting for their freedom, Hurricanes delay court hearings
By Gwen Filosa
Staff writer

Defense attorneys in New Orleans are fighting to free inmates stuck behind bars -- without conviction or hearings -- in the wake of Hurricane Katrina, which forced an evacuation from the parish prison days after the storm struck.

At least two motions have been filed on behalf of such inmates, including a federal case on behalf of 94 women shipped to the state's maximum security prison in Angola for safekeeping after floodwaters threatened the local jail.

Gyntrella Gettridge was booked into Orleans Parish Prison with criminal trespass, accused of sleeping near a ferry, six days before Hurricane Katrina hit the city. Gettridge, 31, wound up being evacuated to Angola, where she lived for three weeks before U.S. District Judge Jay Zainey ordered her and 59 others released on Sept. 22.

Gettridge and 59 others named in the civil action have been freed, while attorney Nick Trenticosta works on the cases of the remaining 34 women locked up. The 94 were all misdemeanor cases, Trenticosta said, and scores of them were awaiting release when the hurricane hit.

"We had one person who was reading tarot cards without a license," Trenticosta said. "Whoever is holding them in custody can find out their release date and release them. That didn't happen."

Attorney Rick Teissier filed a motion in state court in an effort to have 14 inmates awaiting trial when the hurricane struck released immediately. The 14 defendants include Glenwood Brown, 54, booked with aggravated battery; Stanford Beasley, 51, who is accused of dealing cocaine and marijuana, and Tyrone Fisher, 39, booked with public drunkenness and violating parole.

While all 14 have been locked up for more than 45 days, none has been formally charged with any crime, Teissier said in his motion, filed Friday in Baton Rouge, where some aspects of Orleans Parish Criminal District Court have temporarily relocated.

"None have been interviewed by any public defender since Hurricane Katrina," the motion says, "and many have never even met a public defender."

Yet parish court officials say they are up and running, holding bond hearings at the state prison in St. Gabriel. Gov. Kathleen Blanco gave the Orleans court system until Oct. 25 to recover from the back-to-back hurricanes.

Chief Judge Calvin Johnson has said that by Nov. 1, the Criminal District Court judges from Tulane and Broad will be holding preliminary hearings and setting court dates, but trials at the storm-battered courthouse may not start again until February.

Defense attorneys, however, say the disaster exposes weaknesses in the Criminal District Court system.

"The catastrophe of Hurricane Katrina has exacerbated the fundamental flaws previously existing within the system for providing indigent defense," Teissier wrote, adding that the lack of financing for indigent defense and staggering caseloads have been longtime pitfalls.

. . . . . . .
Gwen Filosa can be reached at gfilosa@timespicayune.com or (504) 826-3304.