Seth Dickerson

sdickerson@gannett.com

Lafayette City Marshal Brian Pope was sentenced to 30 days in jail after District Court Judge Jules Edwards ruled Thursday night that Pope broke public records law by refusing to release email correspondence to The Independent.

Edwards sentenced Pope, who was dressed in police uniform and armed, to a month in jail, suspending all but 7 days. The marshal was also ordered to pay The IND's attorney fees and penalties amounting to about $100,000. He will also have to serve 173 hours of community service instructing government employees on public records law.

The marshal will report to the Lafayette Parish Correctional Center Monday, and will remain on unsupervised probation until 2021.

"This is what these laws are for," IND attorney Gary McGoffin said.

Pope will also pay the attorney fees for the state-mandated punitive $17,300 fine — $100 per day the public records were not released. The marshal posted an $80,000 bond.

The judge ruled that Pope willingly denied the IND access to emails from his @lafayettela.gov address, which are public record. After allowing Pope another chance to comply and suggesting he enlist the help of a professional, Edwards ruled that Pope had intentionally hid public records and said his sequential responses to the IND's pair of public records requests were "woefully inadequate."

The IND was allowed to have their own expert, Doug Menafee, inspect the marshal's computer. Menafee found more emails, including correspondence between himself, Scott Police Chief Chad Leger and a former Leger campaign staffer leading up to and after a press conference held in Pope's office in which Pope called out Leger's then-opponent Mark Garber.

Edwards deliberated for about two hours after McGoffin and Pope's attorney, Kevin Stockstill, delivered their closing arguments.

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Stockstill argued that any punishment rendered today would constitute double jeopardy in the case, as Edwards ordered that Pope and the city marshal's office pay "in solido" The Independent's attorney's fees. Edwards refused Stockstill's argument as those earlier motions were civil and preliminary.

In his ruling, Edwards chastised Pope for appearing as a defendant in his city marshal's uniform and armed with his issued handgun, both of which are against Louisiana law regarding police appearing as a defendant.

Edwards said that this, along with his deposition earlier where he stated that he believes that he can use his office for his own personal campaigns because "everyone does it," gave the judge "remarkable insight" into how Pope runs his law enforcement agency.

The IND's suit concerned the release of emails relating to a press conference Pope held Oct. 7 condemning Lafayette Parish Sheriff candidate Mark Garber for allegedly encouraging illegal immigrants to come to Louisiana and file worker’s compensation claims without fear of being deported.

In an attempt to expose what they believe was a connection between Pope and Garber's opponent Leger, The IND filed a request the next day for emails containing keywords they believed would prove collusion between Pope and Leger.

The request sought emails containing the keywords "'Garber," "Neustrom," "Chad," "Leger," "immigration," "Honduras," 'worker," "compensation," "illegal," "alien," "haven," "Castille," "Team Leger," "personal injury," "campaign," "campaigner" and "mailing list."

Pope outright refused to provide email records to The IND because they asked for any and all emails, saying that there existed emails containing the keywords requested by the monthly publication, but they wouldn't produce anything worthwhile.

Three separate investigations uncovered emails between Pope and Leger as well as Pope and Leger campaign consultant Joe Castille. In the emails, Castille gives Pope a draft of the Oct. 7 press release and note cards. Castille also outlines talking points for a Oct. 8 radio interview with KPEL on immigration.

POPE VS. THE IND: Taxpayers could be on the line for marshal's public records fine