A Metairie man was sentenced to life in prison on Thursday (March 2) for causing the death of his girlfriend’s toddler, Semaj Batiste.
Troy Kelly, 30, was convicted last month of second-degree murder for the Feb. 20, 2014 death of the 27-month-old boy. His death was caused by blunt-force traumatic injuries inflicted upon the toddler through numerous beatings in their apartment in the 300 block of North Laurel Street.
Forensic pathology evidence presented during the trial shows Semaj died within hours of receiving the injuries that included lacerations to the liver and spleen and broken ribs.
“The one burning question I have is why? What causes a man to beat an innocent child to death?” Semaj’s uncle Gary Bukaske asked in impact testimony. “What could an innocent toddler have done to deserve this treatment?”
Bukaske also said that Kelly will have the blessing of waking every morning still breathing. “Semaj took his last breath in agonizing pain,” he testified.
Life without the benefit of probation, parole or suspended sentence is the mandatory punishment for second-degree murder under Louisiana law. Judge Donnie Rowan of the 24th Judicial District Court sentenced Kelly after rejecting defense attorneys’ requests for a post-verdict judgment of acquittal and a new trial.
Kelly told the Jefferson Parish Sheriff’s Office that he was bathing Semaj and two of his siblings when Semaj defecated in the tub. In rushing to remove the children from the bath, he said he may have flung Semaj into the toilet.
During the interrogation, Kelly was observed praying and saying to himself, “I’m sorry, Jesus. I’m so sorry.”
Assistant District Attorneys Andrew DeCoste and Lynn Schiffman prosecuted the case.
A Metairie man has been convicted of the second-degree murder of his girlfriend’s 27-month-old son, who died from blunt-force traumatic injuries caused by numerous beatings.
Troy Kelly, 30, faces a mandatory life sentence in prison for causing the death of Semaj Batiste on the evening of Feb. 20, 2014 or early the following morning in their apartment in the 300 block of North Laurel Street.
The autopsy, conducted by the Jefferson Parish Coroner’s Office, revealed the toddler had suffered numerous injuries, including lacerations to the liver and spleen and broken ribs. The injuries were inflicted within hours of his death, and some were so severe that he likely would not have survived even had he received medical attention, according to the Coroner’s Office.
The pathologist’s findings contradicted Kelly’s assertions that Batiste received the injuries from a single event. When questioned by the Jefferson Parish Sheriff’s Office, Kelly said he had bathed Batiste and two of his older siblings together the night before the death.
Kelly said Batiste defecated in the tub, and that three children were playing with the stool when he discovered what happened. He said he quickly pulled the children out of the tub, and in doing so he might have flung Semaj into the toilet.
Pressed by detectives who knew about the autopsy results, Kelly denied physically abusing the child. But prior to partially confessing, Kelly was observed praying and heard saying, “I’m sorry, Jesus. I’m so sorry.”
The toddler’s mother called 911 on the morning of Feb. 21, 2014, after discovering her son was not breathing. The night before, the mother said she had put her toddler and two of his older siblings to bed when she noticed he was not feeling well. Believing her son was getting sick, she gave him Tylenol.
A Jefferson Parish jury deliberated about two hours before returning with its verdict on Thursday afternoon (Feb. 16). Judge Donnie Rowan of the 24th Judicial District Court is scheduled to sentence Kelly on March 2.
Assistant District Attorneys Andrew DeCoste and Lynn Schiffman prosecuted the case.
Trevor Clifton, 37, also faces a lifetime of electronic monitoring by the state and sex-offender registration should he be released from prison, 24th Judicial District Judge E. Adrian Adams ordered in announcing the punishment.
A Jefferson Parish jury convicted Clifton as charged on Jan. 26 of sexual battery of a victim under age 13, and sexual battery. Sexual battery involving a child age 13 or under carries a punishment of 25 years to 99 years in prison.
For the former charge, Judge Adams handed down a 60-year sentence with the first 25 years to be served without benefit of probation, parole or suspended sentence. Judge Adams sentenced Clifton to the maximum 10 years for the latter charge. He ran the sentences concurrently.
The victim’s mother caught Clifton in the act of abusing the child on Oct. 2, 2015, when the victim was 14 years old. In impact testimony on Thursday, the woman told Judge Adams how Clifton’s actions adversely affected her and her daughter.
“Trevor Clifton showed no remorse for the horrible decisions he has made in his life,” the mother testified.
She added that with the sentencing hearing behind them, her daughter can grow into an intelligent woman. “Now she has a voice. I will not let this situation ruin her life.”
After she discovered the abuse, the mother called 911. Before the Jefferson Parish Sheriff’s Office arrived, Clifton confessed to the mother that he abused the child only that one time, according to trial testimony.
Clifton brandished a knife and threatened to cut his own throat. But before deputies arrived, Clifton fled, triggering a two-day manhunt that ended with his arrest. Deputies tracked him to a woman’s home in Harvey. There, the deputies found Clifton hiding behind a refrigerator.
Authorities recovered a man’s DNA from the victim’s body, but the amount of genetic material was not enough for analysts to identify its donor. Meanwhile, through interviews, the victim disclosed Clifton had been abusing her since she was about 9 years old.
Assistant District Attorneys Matt Clauss and Josh Vanderhooft prosecuted the case.
A former Jefferson Parish resident faces spending the rest of his life in prison, for his conviction on Tuesday night (Feb. 7) of raping a girl on her 10th birthday five years ago.
Brian Banks, 52, was convicted as charged of the aggravated rape of the child in his West Bank apartment in February 2012. The victim, now age 14, is not being identified.
She testified that during a visit to his apartment in Terrytown, Banks ordered her to go to his bedroom, where he forced himself upon her. She recounted the abuse for a jury and to forensic interviewer Brittany Bergeron of the Jefferson Children’s Advocacy Center. “If you tell anybody, you’re going to hell,” the victim told Bergeron in repeating what Banks told her.
The victim testified that she was too embarrassed to report what happened, and she did not understand that she was raped until later in life, when she took sex education at her school. She said nothing about the rape for three years, until her mother, concerned about her daughter’s trouble in school, asked her to speak with a member of their church congregation who worked in the criminal justice field.
The crime still was not immediately reported. In April 2015, however, the victim and a classmate passed a note back and forth in class, in which they shared their stories of being sexually abused, according to testimony. Their teacher intercepted the note and alerted a school counselor, who in turn notified police.
The Jefferson Parish Sheriff’s Office opened its investigation. The victim consistently recounted the crime to detectives, a doctor at Children’s Hospital in New Orleans, a forensic interviewer at the Jefferson Children’s Advocacy Center and to staff at the Jefferson Parish District Attorney’s Office.
Banks lived in Houston, Texas, at the time he was arrested on July 7, 2015, as a result of the victim’s disclosure. In testimony, he denied raping the child. He asserted he was playing golf with a friend at the time the victim was raped, and in doing so, he contradicted a statement he made during a previous court proceeding.
The jury deliberated 2 ½ hours before reaching its unanimous decision. Life in prison is the mandatory punishment for aggravated rape under Louisiana law. Judge Nancy Miller of the 24th Judicial District Court is scheduled to sentence Banks on Monday (Feb. 13).
Assistant District Attorneys Thomas Sanderson and Lindsay Truhe prosecuted the case.
A Bridge City man was convicted Thursday night (Jan. 26) of sexually abusing a young girl over a period of five years, ending with her mother’s discovering his deeds when the victim was 14 years old.
Trevor Clifton, 37, faces 25 years to 99 years in prison for his conviction of two counts of sexual battery in connection with the abuse he meted out to the child with whom he was acquainted. The victim is not being identified.
The victim’s mother caught Clifton abusing her daughter on Oct. 2, 2015. After confessing to committing only one sexual act, he obtained a knife and threatened to cut his own throat.
The mother called the Jefferson Parish Sheriff’s Office to report the crime, leading Clifton to flee with the knife. Deputies conducted a manhunt that involved searches by electronic means involving his cell phone and license plate recognition cameras.
Two days later, Detectives Donald Zanotelli and Gabe Faucetta tracked Clifton to a woman’s home in the 400 block of MacArthur Boulevard in Harvey.
The woman, with whom Clifton fathered a child and had an ongoing relationship, initially would not let deputies into her home. After gaining entry, the deputies found Clifton hiding behind a refrigerator, still holding a knife.
During the manhunt, detectives spoke with Clifton’s sister, who said her brother told her that the victim raped him and that the entire incident was a misunderstanding.
However, on the day the abuse was discovered, the victim was taken to Children’s Hospital in New Orleans. No sign of physical abuse was discovered, as is often the case in child sexual abuse cases.
But the child disclosed the abuse to hospital staff, and DNA belonging to a male was recovered from the victim’s genitals. While the donor’s gender was determined, the amount of genetic material was insufficient for DNA analysts to identify a specific person.
The victim initially only partially disclosed the extent of the abuse. Through interviews with JPSO Personal Violence Detective Kay Horne and to a forensic interviewer at the Jefferson Children’s Advocacy Center, the victim disclosed that Clifton began abusing her when she was about 9 years old and that Clifton threatened her to get her to submit to the acts. The jury heard expert testimony on how young sexual abuse victims delay in reporting the crimes.
Through his attorneys, Clifton denied the accusations. His attorneys argued that witnesses lied about the crimes, and that detectives were sloppy and rushed the investigation.
A Marrero man will spend the rest of his life in prison for his conviction of raping an autistic young girl.
Timmy W. Doucet, 40, was convicted as charged by a Jefferson Parish jury on Thursday afternoon (Dec. 1) of one count of aggravated rape. He was charged with raping a girl here beginning when she was 8 years old.
Doucet is acquainted with the victim, whose identity is not being released. The victim, who is now age 13, disclosed the abuse to her mother in August 2015, years after the abuse ended.
The victim said that Doucet raped her at least once at a Marrero residence beginning in 2011, starting with an incident in which he forced her into a backyard shed to sexually abuse her.
The victim said that the rape hurt and caused her to cry out, so he held his hand over his mouth. Afterward, he threatened to beat her up if she told anyone. The victim also reported that Doucet raped her multiple times at a Mississippi location.
The Jefferson Parish Sheriff’s Office opened an investigation, leading to Doucet’s indictment and conviction. Doucet also awaits his trial in Pearl River County, Miss., on charges of sexually abusing the girl.
The Jefferson Parish jury deliberated about four hours before returning with its verdict just after 4 p.m., on Thursday afternoon. Judge Nancy Miller of the 24th Judicial District Court, who presided over the three-day trial, is scheduled to sentence Doucet on Monday (Dec. 5).
Assistant District Attorneys Seth Shute and Rachel Africk prosecuted the case.
A Marrero man was sentenced to 25 years in prison on Wednesday (Oct. 12), for his conviction of sitting young girls on his lap in his home and touching them inappropriately.
Ricky Gros, 51, was convicted Sept. 14 of two counts of sexual battery of a juvenile under age 13 and of indecent behavior with a juvenile. Both victims were 7 years old when the abuse began in 2006. The abuse continued for approximately four years.
Gros, who was acquainted with both girls, touched them inappropriately in his James Drive home, according to evidence presented during the trial. One of the victims testified that Gros had them sit on his lap as he sat on his sofa, where he gave them bubble gum before putting his hand in their pants.
The victims disclosed the abuse more than one year after the last incident occurred in 2009. Upon learning of the allegations, the mother of one of the victims notified the Jefferson Parish Sheriff’s Office in October 2010.
In a letter she wrote to the court as impact testimony, that victim expressed the shame and harmful effects she endured as a result of Gros’ behavior.
Judge June Berry Darensburg of the 24th Judicial District Court, who presided over the trial, sentenced Gros to 10 years in prison for the first count of sexual battery, 25 years for the second sexual battery count and 10 years for the indecent behavior with a juvenile count. She ran the sentences concurrently.
Gros also faces a lifetime of sex offender registration after he completes his prison sentence.
Assistant District Attorneys Josh Vanderhooft and Blair Constant prosecuted the case.
Marcus Harris, 40, was convicted Sept. 26 of the forcible rape, a crime carrying a sentence of up to 40 years in prison. He sexually assaulted the victim in February 2010.
The victim, now 21, testified during the trial that she was in bed when Harris entered the room, tickling her before forcibly raping her. The Jefferson Parish Sheriff’s Office recovered Harris’ seminal and epitheial DNA from her bed linens.
The victim reported the rape the following day at her school, setting in motion the investigation. However, shortly after the investigation began, Harris pleaded guilty to an unrelated charge of second-degree battery of his then-19-year-old girlfriend.
Following a four-year prison sentence for that crime, Harris was charged with the forcible rape. He denied committing the rape, and his attorney argued that the victim planted the DNA evidence on her bed linens.
Judge Ellen Shirer Kovach of the 24thJudicial District Court, who presided over the case and handed down the sentence, previously denied defense motions for a new trial and post-verdict judgment of acquittal.
Assistant District Attorneys Douglas Rushton and Lynn Schiffman prosecuted the case.
Stacie LeBlanc, standing, discusses her program “Teens, Sex and the Law” for members of the Jefferson Parish Children and Youth Planning Board, on Tuesday (Sept. 27, 2016). Seated behind her are Mary Ann Dankert, community outreach director of the Jefferson Parish Coroner’s Office, and Blake Bascle, deputy director of the Jefferson Parish District Attorney’s Office pre-trial juvenile diversion program. (JPDA photo)
Simply telling teenagers that certain sexual activities are illegal often is insufficient in getting the message across to some Louisiana youths. However, explaining the punishment that comes with breaking the laws is the more effective approach, says former Jefferson Parish Juvenile Court prosecutor Stacie LeBlanc.
For instance, LeBlanc said, a 17-year-old who has sex with a child under age 13 would be committing a first-degree rape under Louisiana law, which is punishable by up to life in prison. For a teen under age 17 having sex with the same child, the punishment could be “juvenile life,” or incarceration until he or she reaches age 21 or potentially to age 31 under some circumstances.
LeBlanc, executive director of the New Orleans Child Advocacy Center and the Audrey Hepburn CARE Center at Children’s Hospital, tries to educate area youths through a 1 ½-hour long program she created, “Teens, Sex and the Law.”
She also created a pamphlet that she has distributed in recent years to young audiences, including 10th graders at New Orleans’ all-girl Catholic schools, she told members of the Jefferson Parish Children and Youth Board on Tuesday (Sept. 27).
The Jefferson Parish Coroner’s Office, with assistance of the Jefferson Parish District Attorney’s Office, uses LeBlanc’s program and pamphlets as part of its mental health program. Coroner Gerry Cvitanovich implemented the program since taking office in 2012, and Jefferson Parish is the only jurisdiction in the state to present it as part of its effort to address suicide.
During the past two years, 11,927 Jefferson Parish public school students have been taught the “Teen Sex and the Law” program, Mary Ann Dankert, director of community outreach at the Coroner’s Office, said Tuesday.
“That has been a huge blessing for our community, because their (teenagers’) beliefs on sexual activities are completely different” than those held by adults, Dankert said. “It’s been a benefit.”
Louisiana law requires that sex education in schools must focus on abstinence, LeBlanc said. She stressed her program isn’t about sex education. It’s about laws related to sex involving juveniles, including the punishment youths and adults can receive when it comes to sexual activities with juveniles.
At the Audrey Hepburn CARE Center at Children’s Hospital, 26 percent of the youths who are evaluated by the center’s staff were there because of some type of sexual activity with another juvenile, LeBlanc said.
Often, she said, student leaders more effectively deliver the message of law and teen sex to their younger counterparts. Teens talk to other teens about sex, she said. LeBlanc said she has worked with schools where teens present the program to classmates with a lawyer’s guidance.
“So, it really works best that way,” she said.
Seeking advice on the Internet isn’t effective, because the information isn’t always available. Plus, Louisiana’s laws are unique among the states, LeBlanc said.
In her program and her pamphlet, LeBlanc addresses the laws on sexting, or sharing nude images through cell phones. For instance, a 17-year-old boy who takes nude photographs of his 15-year-old girlfriend using his cell phone would be producing child pornography, which is punishable by up to 10 years in prison.
In Jefferson Parish, authorities are seeing an increase in sexting-related crimes. So the District Attorney’s Office has incorporated elements of LeBlanc’s work into its pre-trial juvenile diversion program, said Blake Bascle, deputy director of the DA’s diversion program.
Diversion counselors sit in “talking circles” with teenagers involved in sexting and their parents and discuss the law and punishment as they apply to youths sharing nude images of themselves, Bascle told the Children and Youth Planning Board.
“It seems to work really well,” Bascle said. He recalls one teen disclosing how he told another teen to stop sharing the illicit photos, heeding the advice given in the diversion program. “We know somebody heard it, at least one.”
Taking nude photographs or videos of a person who is under age 17 is illegal. By law, that’s producing child pornography, and the punishment for it is up to 10 years in prison with no chance of probation or parole. Sharing those images is equally illegal.
The age of consent in Louisiana is 17. Louisiana has “a whole menu of laws,” that pertain to juveniles and sex, LeBlanc said. For instance, if two teens of the same age get drunk and have sex, both of them could be charged with simple rape if the other party was too drunk to consent.
Or, if a 19-year-old boy has sex with his willing 15-year-old girlfriend, he can be charged with carnal knowledge of a juvenile – the specific law in Louisiana for the general legal term “statutory rape.” Carnal knowledge in Louisiana is punishable by up to 10 years in prison.
“’No’ means ‘no’ at any age,” LeBlanc said. “But ‘yes’ even at a certain age can be illegal.”
As jury selection was underway in his trial, a former Jefferson Parish public school teacher pleaded guilty on Tuesday (Sept. 27) to child pornography charges, including offenses that involved a student.
Walter Sologaistoa, 46, of Kenner, will receive a 13-year prison sentence on Tuesday (Oct 4). Upon his release from prison, Sologaistoa will have to register as a sex offender for 25 years and be electronically monitored by the state Department of Public Safety and Corrections for the rest of his life.
Sologoaistoa was a Grace King High School Spanish teacher and soccer coach when he was arrested in 2013 in connection with the case. He pleaded guilty as charged to two counts of possession of child pornography involving juveniles under age 13, one count of possession of child pornography involving a juvenile under age 17 and one count of production of child pornography involving a juvenile under age 17.
The Louisiana Attorney General’s Office Cyber Crime Unit initiated the investigation after its agents were able to download four child pornographic images remotely from Sologaistoa’s computer through a peer-to-peer sharing website, according to evidence that was to be presented at his trial.
During the course of the investigation that followed, members of the Jefferson Parish Sheriff’s Office Digital Forensics Unit found videos and photographs on Sologaistoa’s home laptop computer, including imagery of a student. Sologaistoa produced the images of the student using a cellular device, taken while he and the girl were inside a Metairie bar that he co-owned at the time, according to evidence that was to be presented at trial.
Judge Michael Mentz of the 24th Judicial District Court, in accepting the pleas, decided to sentence Sologaistoa to 13 years in prison.
Sologaistoa, who gained his release from jail after posting a $130,000 bond two years ago, was remanded to custody on Tuesday. Judge Mentz authorized Sologaistoa’s release from jail until next week’s sentencing hearing so that he can get his affairs in order, but Sologaistoa must have his whereabouts electronically monitored by police until then.
Attorneys spent most of Monday and Tuesday morning selecting a jury that would have weighed evidence in the case. The process was almost complete late Tuesday morning when Sologaistoa pleaded guilty.
Assistant District Attorneys Angel Varnado and Rhonda Goode-Douglas prosecuted the case.
