Braxton Moody fires attorney at recusal hearing

A court hearing Monday to determine whether a judge should step down from a case took a few twists with the defendant firing his attorney for representing his ex-brother-in-law.

District Judge Jules Edwards ruled Monday that he sees no legal reason why District Judge Patrick “Rick” Michot should remove himself from hearing a case involving Braxton Moody IV, 66, of Lafayette.

On July 22, the night before the deadly movie theater shooting in Lafayette, Moody allegedly fired at least three shots into the vehicle of Dr. J. Lee Leonard III, which was parked in front of the house of Moody’s ex-wife, Victoria Harris Moody.

Leonard had a protective order against Moody in 2013 after Moody, from a mental facility, allegedly threatened to harm or kill him.

Moody was arrested July 27 at the Baton Rouge Airport with two guns in his vehicle and was charged with drive-by shooting assault and aggravated criminal damage to property. He is being held in the Lafayette Parish Correctional Center.

His case was randomly assigned to Michot, but defense attorney Lawrence Billeaud asked that Michot step down from the case because of an alleged dispute years ago between Moody and Michot over the families’ competing burger restaurants. Michot refused to step down, leading to Monday’s hearing before Edwards.

As the hearing began, Moody declared that Billeaud did not represent him, claiming Billeaud has a conflict because he was hired by Moody’s ex-brother-in-law who he claims tried to kill him 20 times.

Edwards counseled Moody to reconsider, calling Billeaud a “very competent lawyer.” In his experience, when a defendant represents himself, “I’ve never seen that come out well.”

“You’re not my friend. You are my enemy,” a handcuffed and shackled Moody told Billeaud as they sat side-by-side in court.

Victoria Harris Moody said she hired Billeaud to represent her ex-husband on behalf of their children.

She testified that she heard one side of a telephone conversation in the early 1990s between her then-husband and Michot. The couple at the time owned Burger Tyme restaurants and a broadcast commercial for the business allegedly used Michot family music without proper permission. The Michot family had owned Burger Chef restaurants and the Moody family earlier owned Burger King restaurants.

Victoria Harris Moody testified that her husband said Michot brought up in that conversation that the Michots were not happy with the Moodys for the burger chain competition in the 1970s and 1980s.

“I remember being astounded because it was so long ago,” she said.

The Michots filed a lawsuit and Moody paid them for the music. Because of that incident, Billeaud said, Michot should not hear Moody’s case.

Edwards looked at Louisiana laws and Canon law that pertains to judges and conflicts of interest, concluding that he saw no evidence that Michot would be biased in the case.

“I agree. I think Judge Michot is going to be just fine,” Moody said.

Earlier Monday, before Edwards started hearing other cases, he entered into the court record an incident that morning between Moody, a bailiff and himself. Moody and the baliff were in a loud discussion as Moody attempted to get the bailiff to loosen his handcuffs.

Moody called for Edwards to intervene, Edwards said. As the bailiff was loosening the restraints, Moody decided he wanted them removed, but Edwards told him the bailiff was in charge of security.

Moody then asked the bailiff to take him to the restroom. As Moody crossed the courtroom, he approached a microphone and announced, “I am Braxton Moody,” and “Do you like abusing white boys?” Edwards recounted.

The incident had Edwards asking the prosecution and defense attorneys if they wanted him to recuse himself from hearing the motion for Michot to step down from the case.

After Edwards recounted the event, he asked if any inmates or anyone else in the courtroom who witnessed the incident had a different recollection.

Only Moody stood and announced that the judge’s recounting was accurate.

He again tried to get Edwards’ attention, but the judge told him to talk to his lawyer. Later, as Moody walked past a microphone in the courtroom, he spoke into it: “Testing, 1, 2, 3.”