Tag: U.S. Supreme Court

In ‘Ramos’ retrial, Ivory Franklin convicted anew in Harvey teen’s murder

A Jefferson Parish jury on Wednesday night (March 29) found Ivory Franklin guilty of shooting a teenager in the back of his head as they walked along a Harvey drainage canal bank. Franklin also was convicted of attempting to kill a second teenager in the same shooting.

Franklin, 25, of Harvey, is guilty as charged of the second-degree murder of Reginald Black, 17, and the attempted second-degree murder of Black’s 15-year-old nephew, jurors unanimously decided after two hours of deliberations.

This marked the third time Franklin stood trial for the killings. In October 2017, a jury could not reach a legal verdict, resulting in a mistrial. The following year, a second trial was held. He was convicted as charged. He received a life sentence plus 40 years.

However, Franklin was granted a new trial in September 2020, after the U.S. Supreme Court decided in its Ramos v. Louisiana decision that non-unanimous jury verdicts are unconstitutional. The jury in Franklin’s second trial did not return with unanimous verdicts.

About 3 a.m., on May 5, 2016, Franklin, then 18, and the victims were walking along the canal’s concrete embankment behind homes on Windmere Court in the Woodmere subdivision, en route to a convenience store. They were walking in a single-file line, with Black in the front and the 15-year-old in the rear.

Black asked for a light for his cigarette when Franklin pulled the revolver out from his waistband and fired once into the back of Black’s head. He then turned to the 15-year-old behind him and began shooting. One bullet ricocheted off the concrete embankment.

In testimony Wednesday, the victim stared unflinchingly at Franklin as he described seeing Black shot to death. He leapt into the canal water and emerged on the other side to seek help by banging on a resident’s front door. That resident called 911. Jefferson Parish Sheriff’s Office deputies who responded found Black lying face-down on the canal bank.

Franklin denied it. He blamed the 15-year-old, whom he accused of smoking marijuana and was playing with a pistol when it discharged.

The jury that was seated on Tuesday deliberated two hours before returning with its verdicts at 11:30 p.m., Wednesday. Judge Donnie Rowan of the 24th Judicial District Court is scheduled to sentence Franklin on April 28.

Assistant District Attorneys Douglas Rushton and Stephen Downer prosecuted the case.

 

Viusqui Perez-Espinosa sentenced, again, to life in prison for Kenner murder, dismemberment

A Jefferson Parish judge on Thursday (Feb. 9) sentenced Viusqui Perez-Espinosa to life in prison for murdering his rival in a Kenner love triangle before cutting up the body and dumping the parts in a St. John the Baptist Parish swamp.

Perez, 50, was convicted as charged last week of the second-degree murder of Ives Alexis Portales-Lara.  Portales was last seen alive on the evening of Jan. 11, 2016, in the Baylor Place apartment complex he shared with a woman and her ex-boyfriend, Perez.

Portales, who moved to the New Orleans area to be near his young daughter, was a native of Honduras and was 28.

Perez was convicted of the murder and of obstruction of justice in 2018. But the jury in that trial returned with a non-unanimous verdict on the murder count. Perez received a new trial for the murder, only, in 2020, after the U.S. Supreme Court ruled in Ramos vs. Louisiana that non-unanimous verdicts are unconstitutional.

The second jury seated to weigh the murder charge deliberated about four hours before returning with its unanimous guilty verdict on Jan. 31.

Perez and Portales were friends and coworkers whose commonality extended to a woman. Perez was sexually involved with her, but that relationship ended after she needed medical care that took her out of the United States briefly and he became involved with another woman.

Portales moved into the apartment with Perez’s ex, and that arrangement evolved into a sexual relationship. Perez, who temporarily moved back into the apartment, learned of the relationship and wanted to end it. On the morning of Jan. 11, 2016, Perez sexually assaulted the woman in the apartment after Portales departed to work. He returned to the apartment that evening and was never seen again.

The following month, a fisherman found the right arm in the Reserve Canal off Interstate 10, just west of LaPlace. The torso and leg parts were found by pipeline workers in the area the following week. The remaining body parts were never located.

DNA was used to confirm the parts were Portales’, leading to Perez’s indictment and convictions. At trial, he asserted self-defense.

Following the first trial, Judge Ellen Shirer Kovach of the 24th Judicial District Court sentenced Perez to the 40-year maximum for obstruction of justice, for his attempts to conceal the murder. The jury was unanimous on that charge, and his conviction remained intact. The life sentence she gave him in 2018 was overturned due to the Ramos decision.

On Thursday, Judge Kovach denied the defense’s motions for post-verdict judgment of acquittal and for a new trial. After hearing impact statements written by Portales’ family in Honduras, Judge Kovach sentenced Perez to the mandatory punishment of life in prison, without suspension of sentence, parole or probation, for killing Portales.

Judge Kovach ran the life sentence consecutive to the 40-year sentence she gave him in 2018 for obstruction of justice, and consecutive to the 6-month jail sentence she gave Perez last week in holding him in contempt for his lashing out at a prosecutor during her cross-examination.

Judge Kovach further denied a defense motion to reconsider the sentence, saying “the facts and circumstances of this case are particularly egregious.”

Assistant District Attorneys Kellie Rish and Richard Olivier prosecuted the case.

In ‘Ramos’ retrial, Kenner man convicted anew of murdering, dismembering rival in love triangle

A Jefferson Parish jury on Tuesday night (Jan. 31) found Viusqui Perez-Espinosa guilty of killing his rival for the affections of a woman in Kenner. After killing Ives Alexis Portales-Lara, Perez disarticulated the body and dumped the parts in a St. John the Baptist swamp in 2016.

Perez, 50, a native of Cuba and a former butcher, was convicted as charged of second-degree murder, jurors unanimously decided during almost four hours of deliberations.

This brings to two the number of times he’s been convicted of killing Portales, 28. A non-unanimous jury found him guilty in March 2018, and he was sentenced to mandatory life in prison.

However, in its April 2020 Ramos vs. Louisiana decision, the U.S. Supreme Court ruled that non-unanimous jury verdicts are unconstitutional. As a result, Louisiana’s 5th Circuit Court of Appeal in September 2020 ordered that Perez would be retried for the second-degree murder.

Perez also was convicted in his 2018 trial of obstruction of justice for disposing Portales’ remains and cleaning the crime scene to cover up his crime. That jury was unanimous on that count. He is serving a 40-year sentence for that crime.

Perez and Portales were friends and co-workers who were romantically involved with the same woman, albeit at different times. Perez was first involved with the woman before their 18-month relationship ended in September 2016. Portales’ secret relationship with her began soon after he moved into the Baylor Place apartment with her.

Perez wanted to rekindle the relationship and wanted Portales out of the picture. Three days before the murder, Perez moved in with Portales and the woman. He offered Portales money to move out. Portales declined.

On the morning of Nov. 11, 2016, Perez sexually assaulted the woman after Portales left for work. Portales was last seen alive that afternoon when he returned to the apartment from his job.

The Kenner Police Department opened a missing persons investigation soon after. When questioned, Perez repeatedly denied knowing of Portales’ whereabouts. An officer noticed blood on the sofa, leading police to obtain a search warrant. Perez, meanwhile, was arrested on suspicion of raping the woman.

Using chemicals and a special light, Kenner police found evidence of a large amount of blood on the floor that had been recently cleaned. The police also found evidence of blood spatter on the walls, a plant and on the sofa, and on a jacket in the trunk of Perez’s car.

The Jefferson Parish Sheriff’s Office’s Crime Lab used DNA analysis to determine that the blood in the apartment and on the jacket belonged to Portales. Analysts accomplished this by matching his genetic material recovered from his personal items in the apartment to that of his daughter.

The investigation expanded to include the St. John the Baptist Parish Sheriff’s Office in late December 2016, when dismembered human remains were discovered in the Reserve Canal off Interstate 10.

A Jefferson Parish Sheriff’s Office DNA analyst then confirmed the body parts belonged to Portales. Perez was then booked with his murder.

Police recovered numerous text messages Perez sent to others in which he used derogatory terms to describe Portales and his anger over his rival continuing to live in the apartment.

Testifying Tuesday, Perez denied sexually assaulting the woman. He told jurors that on the evening of Nov. 11, 2016, Portales attacked him with a knife. During the struggle that followed, Perez alleged, the knife cut Portales’ neck, and he bled to death.

Pressed by a prosecutor during cross-examination to describe what he did to the body, Perez cried and in Spanish called her a “torturer” and “a Nazi.” For that, Perez was held in contempt of court and was sentenced to six months in jail.

Although Perez described a violent struggle, a neighbor in the adjacent apartment described only hearing the vent hood motor whirring above Perez’s stovetop for several hours. The neighbor then noted the smell of bleach emanating from next door.

The jury returned with his guilty verdict just before 11 p.m., ending the 7-day-long trial. Judge Ellen Shirer Kovach of the 24th Judicial District Court is scheduled to sentence Perez on Feb. 9.

Assistant District Attorneys Kellie Rish and Richard Olivier prosecuted the case.

 

Corey Woods convicted anew in Bunche Village triple-murder

A Jefferson Parish jury on Friday (Aug. 19) convicted Corey Woods of killing three people, including the 16-year-old younger sister of his intended victim, while they sat inside a car in East Jefferson’s Bunche Village neighborhood.

Woods, 37, of Metairie, who is known as “Cocomo,” is guilty as charged of three counts of second-degree murder and one count of being a convicted felon in possession of a firearm.

On the night of Jan. 22, 2017, Woods killed Malcolm Wallace, 25, of Metairie; Wallace’s girlfriend, Daneka Lott, 24, of Kenner; and Wallace’s 16-year-old sister, whose name is withheld because she was a juvenile. Woods’ target was Wallace, and he killed Lott and the teenager to eliminate witnesses.

“Three people executed. Executed. Five different shots fired, each one saying, ‘I want you dead,’” Assistant District Attorney Doug Freese, who prosecuted with Lynn Schiffman, told jurors in closing argument Friday. “This was an execution, as cold-blooded a crime as you could imagine.”

Woods, a longtime acquaintance of the Wallace family, spent part of the evening with the family in their home, watching a football game.

Afterward, Woods, Wallace, Lott and the teenager traveled to a sporting goods store on Veterans Memorial Boulevard in a 2006 Honda Accord so Woods could purchase slippers. A 6-year-old boy at the Wallace residence wanted to tag along, but Woods gave the child $5 to remain behind, suggesting that he knew what was to happen.

After purchasing the slippers and stopping at a fast-food restaurant, they were returning to the Wallace residence. In the 1400 block of South Laurel Street, just off Mistletoe Street, Woods began shooting while inside the car.

Sitting behind the driver’s seat, Woods shot Wallace twice; a bullet severed his spinal cord. He shot Lott in the right side of her head. They both died later at a hospital.

Woods shot the 16-year-old girl in the back of her head. She died in the back seat.

Immediately after, Woods fled on foot across Airline Drive, taking with him the slippers they just purchased.

Jefferson Parish Sheriff’s Office detectives booked Woods with the murders based on a combination of witnesses, cell phone records and business surveillance videos.

Woods was legally prohibited from possessing firearms because of narcotics convictions.

Woods denied being the killer. The jury deliberated less than 1 ½ hours before returning with its unanimous verdict.

This brings to two the number of times Woods was convicted of the killings. In November 2018, a jury found Woods guilty as charged, and he subsequently was sentenced to life in prison.

However, he received a new trial because of the U.S. Supreme Court’s 2020 decision, Ramos vs. Louisiana, which mandates unanimous jury verdicts. The jury that convicted Woods in 2018 was nonunanimous, 10-2 in favor of guilt.

Judge Donnie Rowan of the 24th Judicial District Court is scheduled to sentence Woods on Sept. 2.

Assistant District Attorneys Doug Freese and Lynn Schiffman prosecuted Woods.