Greenhouse Jr. out of jail after judge's decision in Mardis case

MARKSVILLE — In ordering Avoyelles Parish Sheriff Doug Anderson to accept a property bond from Norris Greenhouse Jr.'s parents, 12th Judicial District Judge said the marshal facing a murder charge is entitled to due process — no matter what the court of public opinion thinks.

Bennett acknowledged that many people already have convicted Greenhouse Jr. and Derrick Stafford, who both face second-degree murder and attempted second-degree murder charges in the death of 6-year-old Jeremy Mardis and the wounding of his father, Chris Few.

"This court has not," he said when announcing his decision Tuesday on a motion filed by Greenhouse Jr. "This is a court of justice, and justice will be served."

The two were acting as Marksville Ward 2 deputy marshals when a pursuit of Few, for reasons unknown, led to the Nov. 3 shooting. Both men also hold other law enforcement jobs — Greenhouse Jr. as an Alexandria city marshal and Stafford as a Marksville police officer.

Bonds for both men were set at $1 million, the largest bonds that Bennett said ever have been set in the parish. While Stafford remains in jail with a public defender, Greenhouse's family arranged for several properties to be offered to fulfill the bond obligation. All conditions were met, but Anderson then cited Louisiana Code of Criminal Procedure 320 in halting Greenhouse Jr.'s release.

The law forbids attorneys or officers of a court from providing money or property for a bond.

Though Bennett ruled that Anderson's interpretation of the law presented an "absurd and unreasonable" restriction to Greenhouse Jr.'s right to due process, he also credited Anderson for doing the right thing in following the letter of the law.

The problem exists with the law itself, he said, saying that he's seen cases of attorneys bonding their children out of jail in previous cases within Avoyelles Parish. As with this case, the attorneys were acting only as parents and not as legal counsel, he said.

"We are all aware that one of the most fundamental principles of our law is that a person accused of a crime is innocent until proven guilty beyond a reasonable doubt," states Bennett's ruling. "Regardless of public opinion and/or rumors about evidence and/or particular facts of any case, every person accused of committing a crime is entitled to his day in court and is entitled to a fair trial.

"Persons accused of crimes are also entitled to bail which ... is issued in order to assure the appearance of the defendant before the proper court whenever required."

Bennett also said the court had seen an Avoyelles Parish attorney who posted bond for himself.

"Certainly any other result produces absurd and unreasonable results," he wrote.

Bennett also issued an amended gag order in the case. The hearing was slated to start at 10 a.m., but was postponed to 11:30 a.m. so that Greenhouse could be transferred. Bennett held up a certified copy of a transfer order that was dated Nov. 20, but Anderson said he was unaware of the order.Bennett noted that all parties in the hearing, which included attorneys for Greenhouse Jr., Anderson and the Louisiana Attorney General's Office, found very little to go on when researching the law. "This is a statute that obviously has not been tested," he wrote.

During the hearing, Bennett said he could see a legal issue if an attorney involved in a case would be allowed to post bond. He also asked attorneys what would stop Greenhouse Jr.'s parents from donating their property to another child, who then could offer it to satisfy the bond obligation.

As attorneys made their arguments, chanting from a small group of protesters outside the courthouse could be heard. Earlier, as media and deputies waited for Greenhouse Jr. to arrive from the Rapides Parish Detention Center #3 in Alexandria, one woman and three children stood on a sidewalk holding signs.

"Protect our children. Justice for Jeremy Mardis," read one held by a child. "I'm 6 years old. Do I deserve to die? Justice for Jeremy Mardis," read another. A woman held another with writing on both sides — "Get out of our public house." "Justice for Jeremy Mardis."

The group got a little bigger, perhaps about 10 to 15 people, during the wait.

The same woman screamed at Greenhouse Jr.'s parents, Cheryl and Norris Greenhouse, as they returned for the hearing with two of their other children. And when the sport-utility vehicle with Greenhouse Jr. inside arrived, she ran up the steps of the courthouse with the sign, yelling down at him as he was escorted inside by multiple deputies while wearing a bulletproof vest.

The woman yelled again at Greenhouse family members as they left after the hearing. "A good mother disciplines her child," she screamed repeatedly.

Greenhouse Jr. was taken to the Avoyelles Parish Jail, where work proceeded on getting him released later Tuesday.He left the Avoyelles jail around 5:15 p.m. Tuesday.

Bennett's amended gag order, which covers both the Greenhouse Jr. and Stafford cases, still prohibits all parties and their attorneys from providing any information to the media, but allows for the release of the initial arrest report, arrest warrant, booking report and information about the men's employment.

It also says that certain information on the pair will not be released, including any formal complaints made to any past or current employers, any file material of any internal affairs investigations and any file material of any previous investigations "for any purpose."