Terror suspect remains in Houma’s jail
October 21, 2014
Old school needs meet new school technologies
October 21, 2014The prosecution of a Houma man accused of murdering a Lockport woman and her two young daughters is moving toward its April trial, following a Lafourche Parish judge’s refusal to bar a bid for the death penalty.
A few issues remain to be settled in the case of 36-year-old David Brown, who a faces three counts of first-degree murder in connection with the stabbing deaths of 29-year-old Jacquelin Nieves and her daughters, 7-year-old Gabriela and 1-year-old Izabela. A key issue will be decided outside the courtroom, however.
The retirement of District Judge Jerome Barbera leaves the question of a successor to voters, who will decide Nov. 4 between attorneys John J. Erny III; Anthony”Tony” Lewis and Steve Miller. If a winner with 50 percent plus one vote does not emerge, a run-off will be held Dec. 6.
Barbera will handle all aspects of the case until his successor takes the bench in January.
Prosecutors plan to appeal a decision by Barbera barring from evidence a statement Brown allegedly made to police.
He ruled in favor of prosecutors; however, on 16 other issues that were argued, including the matter of whether the death penalty should be applied and a defense request to have the trial moved elsewhere because of concerns over pre-trial publicity.
“I am pleased with the outcome,” said Lafourche Parish District Attorney Cam Morvant II.
The New Orleans-based Capital Defense Project of Southeast Louisiana, which represents Brown, is still owed some evidence or information collected by prosecutors and is expected to be in receipt of that next month.
Defense attorney Dwight Doskey had argued that Brown did not have the benefit of a death penalty-qualified lawyer during the initial few months of the case and made arguments that included the death penalty’s alleged violation of the 8th Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment.
The election of Barbera’s replacement will take place two years from the date of the crime for which Brown stands trial.
According to court documents and reports at the time, Brown allegedly sexually assaulted two of the victims, who had been asleep. He then allegedly stabbed all three and set fire to their apartment.
