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Judge permits case against detective to continue

By ROY PITCHFORD
Westside bureau
Published: Feb 2, 2006

PLAQUEMINE Judge William Dupont of the 18th Judicial District Court rejected on Wednesday a defense request to dismiss District Attorney Ricky Ward and his staff from prosecuting former Detective Gerald Jenkins, a drug case investigator.

Dupont also held defense attorney Karl Koch in contempt of court, set the case for trial Feb. 14 and lamented a cloud of suspicion and innuendo which he said the case has created for law enforcement officers and prosecutors in Iberville Parish.

Dupont said he would instruct the clerk of court to summon 200 prospective jurors.

Koch tried to get court permission to testify himself, which Dupont denied since Koch is Jenkins defense attorney.

The judge called Kochs actions at the hearing unconscionable, and said he was finding the attorney in contempt for filing a frivolous motion to seek recusal of the district attorney and his staff. Dupont said he would take the matter of imposing sanctions against Koch under study.

Koch said he will seek to appeal to a higher court Duponts decision to cite him, Koch, for contempt.

Jenkins held the rank of lieutenant in the Iberville Parish Sheriffs Office and directed the Law Enforcement Against Drugs task force until July 12, when he and a cousin, Joseph Jenkins, were arrested after the task force headquarters near Plaquemine was burglarized.

Drugs, cash and a gun were taken from the buildings evidence room, investigators said at the time.

Parish and state investigators since have discovered a large amount of evidence in drug cases is either missing or has been tampered with.

The state Justice Department has issued a report estimating that more than $744,000 in drugs is missing, along with just over $157,000 in missing cash. It also said several hundred files remain unaccounted for.

Before getting to Kochs motion requesting dismissal of the district attorney and his staff from prosecuting the case, Dupont rejected a motion for summary dismissal of Kochs motion filed by prosecuting attorney Tony Clayton.

Kochs motion said that the fallout from Jenkins alleged offenses had influenced decisions made by the district attorney and his staff.

He later said that statements Jenkins made to federal and state investigators put law enforcement and prosecutors in a bad light and affected the judgment of the district attorney and his staff in the Jenkins case.

Prosecutor Clayton asserted that Jenkins made self-serving statements because prosecutors refused to give him a light sentence in plea bargain discussions. Clayton said the case is a simple one and that 12 jurors would decide guilt or innocence for Jenkins regardless of the prosecutors opinions.

The judge agreed that Jenkins alleged actions had created a cloud of doubt over law enforcement in the area, and said the matter needs to be proven or dismissed.

Its time for the cloud to be over one way or another, Dupont said.

In his closing, Koch said that if the District Attorneys Office is impacted by external forces, justice cannot be served.

In a brief response, Clayton reminded Judge Dupont that defense attorney Koch had presented no evidence whatsoever.