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Wyatt: Langley guilty (11/7)

Posted November 7, 2009 at 3:05 am
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By VINCENT LUPO
AMERICAN PRESS

Like two juries before him, Judge Robert Wyatt rejected Ricky Langley’s insanity defense Friday and found the defendant guilty of killing 6-year-old Jeremy Guillory on Feb. 7, 1992.

Langley now faces a mandatory penalty of life in prison without parole on the second-degree murder conviction. Wyatt will impose that sentence Dec. 10.

Langley claimed in all three of his trials that he was legally insane — or could not tell right from wrong — when he strangled the Iowa, La., boy.

But a Baton Rouge jury in 1994 rejected that claim, as did a jury from New Orleans in 2003. Both trials were moved outside Calcasieu Parish due to pretrial publicity.

In the first trial, jurors found Langley guilty of first-degree murder and recommended a death sentence. In the second trial, also on first-degree murder, jurors returned a guilty verdict to the lesser offense of second-degree murder.

Higher courts overturned both convictions.

Judge Wilford Carter, to whom the case was assigned after the second reversal, ruled Langley couldn’t be retried on capital murder. The U.S. Supreme Court agreed.

So this week, Langley stood trial on second-degree murder. When Carter had the case, Langley gave up his right to jury trial and asked for a trial by judge.

Carter was later removed from the case, which was randomly assigned to Wyatt, who alone heard Langley’s trial.

In returning his verdict Friday afternoon, Wyatt said the state had proved beyond all doubt that Langley killed Guillory. Defense attorneys had all but conceded that point at the outset.

As to the issue of specific intent to kill or harm, Wyatt said Langley, a convicted child molester, was tempted when the boy showed up at the home where Langley lived.

Langley admitted to police he was attracted to the boy the first time he saw him. Wyatt said Langley recognized, “due to his past indiscretions, that he could not let this young man live.” Because of the boy’s own demons, Langley felt he was doing the boy a favor, Wyatt said.

The main issue in the case, Wyatt said, was whether Langley knew right from wrong at the time of the slaying. He acknowledged that proof of insanity is a less ridged burden than the proof required to convict — which is beyond a reasonable doubt.

Wyatt admitted he was frustrated on Thursday by the differing testimony of two experts in the case, one for each side. But, he said, after cooler reflection, and after reading transcripts of testimony given previously by another psychiatrist, he realized the experts’ testimony wasn’t as disparate as he perceived.

He said the common thread in all of the doctors’ diagnoses was pedophilia — an impulse illness, a serious personality disorder. It is a non-psychotic diagnosis, not a major thinking disorder, not schizophrenia, and not manic-depressive illness, he said.

He disputed defense witness Dr. Rahn Bailey’s diagnosis of schizophrenia. Wyatt said all doctors acknowledged it is difficult to perceive what is going on in someone’s mind.

Wyatt said he believes that when Langley was choking the boy he was having a sexual experience and that is how the defendant’s semen came to be on the back of Jeremy’s T-shirt.

The judge noted that state witness Dr. Dennis Kelly testified that during a psychotic experience it would be highly unlikely that someone could have a sexual experience.

Additionally, Wyatt said, the most telling factor that indicates to him Langley knew right from wrong came from an examination just a few months after the defendant’s arrest.

The doctor, former Lake Charles psychiatrist Aretta Rathmell, noted that Langley’s recollection of what happened was related to detectives in a free, flowing and coherent way.

Additionally, Wyatt said, there has never been a period in Langley’s history where he was out of contact with reality, according to Rathmell.

Finally, Wyatt said there is documented molestation in the defendant’s history.

In conclusion, Wyatt said, “There was someone in that house that night who didn’t know right from wrong, but it wasn’t Ricky Langley.”

Wyatt made no reference to defense claims that Langley wasn’t killing Jeremy but was instead ridding himself of the delusions and hallucinations of his dead brother, Oscar Lee, who died in a car crash before Langley was conceived.

In her closing remarks Friday afternoon, defense attorney Anna Van Cleave asked Wyatt to consider what version of the slaying made more sense. She said Langley admitted to detectives he had killed Jeremy but didn’t know why.

She said it made more sense that Langley, with all of his psychiatric problems, believed he was killing Oscar Lee. She placed enlarged photographs of the defendant’s dead brother and the victim side by side so Wyatt could see the resemblance.

But Assistant District Attorney Rick Bryant argued that it wasn’t Oscar Lee whom Langley invited into the house that night and it wasn’t Oscar Lee whom Langley molested, strangled and put into the closet.

Bryant noted that Rathmell, after examining Langley, said she was concerned about his urge to kill children.

There was also testimony about a so-called dream diary the defendant kept in which he fantasized about luring children into the woods so he could molest them and then kill them.

Calling Langley “a ticking time bomb” on Feb. 7, 1992, Bryant said the defendant “devoured Jeremy to satisfy his sordid lust.” Bryant claimed that Langley targeted the boy for sexual purposes and then killed him. “There was no psychotic break; there was no Oscar Lee.”

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Corps devises flooding strategy (11/7)

Posted November 7, 2009 at 3:03 am
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By ELONA WESTON
AMERICAN PRESS

The U.S. Army Corps of Engineers has tentatively recommended a plan taken from a study on Calcasieu River flooding problems that entered its feasibility phase nearly five years ago.

Nick Sims, project manager for the Calcasieu Parish Basin Study, told police jurors Thursday that nine plans were eyed, but that “environmental issues” and “economic justifications” narrowed the choice to one.

The plans deal with flood risk management measures in southwest Lake Charles and Gravity Drainage Districts 4 and 5.

Channels or streams studied were Hippolyte Coulee, Black Bayou, Contraband, Bayou Choupique, Bayou d’Inde, Kayouchee Coulee, and three others — W-5, W-4 and W-16.

The plan the corps selected involves Black Bayou-Hippolyte Coulee. It includes the replacement of culverts on Tom Hebert, Gauthier and Corbina roads and partial replacement of an abandoned bridge north of Lincoln Road.

The project will cost about $500,000 — a figure that doesn’t include real estate and mitigation costs, Sims said.

He said Bayou d’Inde and Bayou Choupique were eliminated from the list because hazardous waste found in their vicinities. Sims said mercury, dioxin and furan were detected about eight months ago by a corps environmental team.

“The issues have to be cleaned up before we can recommend a project,” he said.

Sims said Kayouchee Coulee was eliminated because of the lack of flood stage lowering.

He said officials ultimately determined that the Black Bayou-Hippolyte project would provide the “maximum benefits” to help solve some flooding issues.

“It can lead to a very strong project,” he said.

Sims said congressional authorization for the project could be sought by February 2011, after a list of other requirements are met.

The $2.3 million study was funded in part by the panel, the city of Lake Charles, and Gravity Drainage Districts 4 and 5. They put up $1.15 million and the corps, $1.15 million.

Some police jurors on Thursday said they were dissatisfied with some aspects of the study, which they said didn’t provide all the information they thought it would.

Police jurors said they were hoping for more information on Bayou Choupique and Bayou d’Inde, but corps officials said they halted their study of the waterways when environmental issues were found.

“I think it’s the general opinion of most of us up here is, ‘I don’t know what we just spent this money on,’ ” said District 12 Police Juror Ellis Hassien.

Sims said the study didn’t take in surge conditions, and focused solely on drainage.

He said that as part of the study, survey data, hydraulic and hydrologic models, and preliminary alternative analyses for channels showing the greatest stage lowerings were also completed.

Some possible flood reduction measures outlined in the study for some of the channels, despite the plans not being selected, include dredging and the addition of pump stations and detention ponds.

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Big Bucs comeback (11/7)

Posted November 7, 2009 at 3:00 am
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By JOHNATHAN MANNING
AMERICAN PRESS

SULPHUR — The doctors having declared Jared Foster’s collarbone healed, the quarterback returned to Barbe’s lineup Friday night.

Just in time, his passing game recovered, too.

Foster, who played briefly for the first time in six weeks, connected on only one of his first eight passes, then hit on five of his next six to lead a 90-yard touchdown drive that completed a 19-point comeback and lifted the sixth-ranked Bucs to a 22-21 win over District 3-5A rival Sulphur.

Barbe (8-2, 4-0) completed its second consecutive undefeated run through district and clinched the title outright.

Sulphur (4-6, 0-4) went winless in district for the first time since 1994 and will most likely miss the playoffs.

Backed up at the Barbe 10 with 2:33 left in the game, Foster missed on his first two pass attempts of the drive. But on third-and-10 he hit Kevin Berard for a 10-yard gain that got the ball moving. He then proceeded to connect with Berard for passes of 17 and 20 yards and tight end Dustin White for 16and 18-yard connections that got the ball to the Sulphur 9.

From there, Michael Guillory carried three times, the last a 1-yard dive over the goal line with 26 seconds left that capped off the Bucs’ comeback from a 21-3 halftime deficit.

“I just had to get in a groove,” said Foster, who was released to play earlier in the day. “If it wasn’t for that line — that’s the best line in the state, they’re the reason we scored 22 points.”

Foster missed five games after breaking his collarbone against Sam Houston in Week 4. He made his first appearance on Barbe’s second possession but didn’t stay behind center until the winning drive, allowing Barbe to move Berard from quarterback to wide receiver.

Berard completed 9 of 17 passes for 133 yards, ran the ball 21 times for 114 yards and caught four passes for 64 yards.

“(Foster) needs more game time,” Barbe head coach Jimmy Shaver said. “In practice, he looks good. But when it counted, he’s got a winner in him.”

Berard led Barbe to its first two touchdowns, both after the Bucs had taken over in Sulphur territory.

He threw a 24-yard score to Tre Goodly, then ran for a 5-yard touchdown to bring Barbe within range of the Tors.

Barbe was forced to score twice in the last 4 minutes after the Bucs were turned away on fourth-and-10 at the Sulphur 11 with 10 minutes left in the game.

“I was concerned when we drove down and got nothing,” Shaver said. “I thought maybe we were doomed.

“It’s a good thing we had a chance to turn things around and still be district champs. It shows a lot of character.”

The first half belonged to Sulphur and the Tors led 21-3 at the break.

Sulphur quarterback Garret McCain completed 11 of 15 passes in the first two quarters, when he amassed 137 of his 186 total yards.

With some deft maneuvering to avoid Barbe’s pass rush, he led Sulphur on touchdown drives of 64, 71 and 80 yards.

Calvin Peco ran for a touchdown and threw another to Chip Armelin, and McCain hit Will Hassien for a 21-yard score to give Sulphur its big halftime lead.

“It was a tale of two halves,” Shaver said. “Sulphur played as good as they’ve played in the first half and we didn’t play so good.”

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BREAKING: Langley found guilty (11/6, 6:03 p.m.)

Posted November 6, 2009 at 6:03 pm
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Judge Robert Wyatt has found Ricky Langley guilty of second-degree murder.

Like two juries before him, Wyatt rejected Langley’s insanity defense.

Langley now faces a mandatory sentence of life in prison without parole. Sentencing is set for Dec. 10.

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Wyatt questions psychiatrist about differing opinions (11/6)

Posted November 6, 2009 at 12:41 am
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By VINCENT LUPO
AMERICAN PRESS

The second-degree murder trial of Ricky Langley became tense late Thursday when Judge Robert Wyatt expressed frustration over medical experts’ divergent conclusions.

Acknowledging that psychiatry is an inexact science, Wyatt asked a state witness how he and a defense witness — both eminent forensic psychiatrists — can have such different conclusions in this case.

“I can only speak to mine, not his,” Dr. Dennis Kelly told Wyatt, referring to the opposite findings of defense witness Dr. Rahn Bailey.

“My frustration is how am I supposed to make a decision in this case when there is testimony from experts who are this far apart,” Wyatt told Kelly, stretching his arms out sideways.

“It’s tough,” Kelly responded.

Earlier Wyatt, after listening to hours of conflicting testimony, facetiously asked Kelly, “So you disagree with Dr. Bailey?”

“Yes,” Kelly said.

“Is Dr. Bailey wrong?”

Kelly said he differed with Bailey’s findings, especially as to the severity of the diagnosis of Langley as schizophrenic. Kelly didn’t find Langley to be schizophrenic and said the defendant isn’t one of the worst types of schizophrenics as Bailey concluded.

Wyatt then asked Kelly if he had “an agenda other than diagnosis.”

“An agenda?” Kelly said, taken aback.

“Yes,” Wyatt said. “Are you bound to satisfy what the district attorney wants you to?”

Kelly told the judge his conclusions were based on the records he had reviewed. But he never directly answered Wyatt’s query on whether he would base his reputation on his conclusions.

Later, First Assistant District Attorney Cynthia Killingsworth, irritated by the prior dialogue, asked Kelly if the state had asked him to testify to anything other than the truth.

“My testimony is based on my review of the records,” Kelly said.

The exchanges emphasize the subjectivity of proceedings in which a defendant pleads not guilty by reason of insanity. Both sides usually hire well-qualified experts, who give divergent opinions on the defendant’s mental state at the time the crime was committed.

In Louisiana, the test for insanity is whether the defendant knew right from wrong when he committed the crime. The defendant must prove he was insane.

Langley is accused of strangling 6-year-old Jeremy Guillory on Feb. 7, 1992. He has pleaded insanity in two prior trials, but that defense was rejected by two juries.

One found him guilty of first-degree murder and recommended a death sentence; the other found him guilty of second-degree murder, for which he received a mandatory life sentence.

Both convictions were overturned by higher courts. This time Langley is facing a second-degree murder trial solely before Wyatt, who himself, rather than 12 jurors, holds Langley’s fate in his hands.

If Langley is found not guilty by reason of insanity, state law requires that a hearing be conducted to determine whether he “can be discharged or can be released on probation, without danger to others or to himself.”

If the court determines he can’t be released, the judge must commit him to a state or a court-approved private mental institution. If it determines he can be released, the court will order his discharge or release on probation, subject to conditions for a fixed or an indeterminate period.

During testimony Wednesday afternoon and all day Thursday, Bailey and Kelly presented their conclusions as to Langley’s mental condition when he strangled the Iowa, La., boy and how they had reached those conclusions.

Bailey, a forensic psychiatrist from Nashville, Tenn., said Langley “could not tell his behavior was wrongful” when he killed Guillory.

But Kelly, a forensic psychiatrist from the Baton Rouge area, said Langley “did not lose his ability, due to a mental illness or defect, to distinguish right from wrong or to understand the nature and consequences of the quality of his act.”

Both doctors agreed that Langley is a pedophile, but Bailey said he also suffers from schizophrenia, a serious mental illness characterized by hallucinations and delusions. He said Langley was psychotic at the time of the killing.

Kelly diagnosed Langley as suffering from a “schizotypal personality disorder” and said he wasn’t psychotic when he strangled Guillory and stuffed him in a closet in a room he rented next to where the boy lived.

The prosecutors also introduced transcripts of testimony given by psychiatrist Dr. Aretta Rathmell, who testified at Langley’s 1994 and 2003 trials, as well at a hearing on April 7, 2003. Rathmell concluded that Langley wasn’t insane at the time of the killing.

Because Wyatt has several lengthy transcripts to read, he recessed the trial until 1:30 p.m. today, Nov. 6.

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