HPD recordings still in limbo

By The Numbers for Week 8 of the Prep Football Season
October 28, 2015
Lafourche, Terrebone Halloweens moved to Friday
October 28, 2015
By The Numbers for Week 8 of the Prep Football Season
October 28, 2015
Lafourche, Terrebone Halloweens moved to Friday
October 28, 2015

Terrebonne Parish officials want to overturn a judge’s order that secret audio recordings made inside Houma Police headquarters be released to attorneys for a captain who alleges he was unfairly disciplined by the agency’s former chief.

(TO LISTEN TO THE UNEDITED AUDIO, CLICK HERE)

Capt. Duane Farmer says ex-chief Todd Duplantis took actions against him to retaliate for testimony he gave in a federal court case brought by another officer, Sgt. Kyle Faulk.


Faulk had sued the parish and Duplantis in 2012, charging that his assignment and work schedule were changed as retaliation for public comments he made opposing state legislation favored by Parish President Michel Claudet. That case was settled in June with a $300,000 payment made from the parish to Faulk. Duplantis announced his resignation days later.

The battle over the recordings is the latest development in a convoluted and troubling chain of events pitting ranking HPD officers against its chiefs going back more than a decade, but one with a major difference.

The recordings – copies of which were obtained by The Times – contain troubling conversations regarding alleged officer misconduct. They also paint a picture of a police department whose chief’s authority was seemingly neutralized by employees who told him outright of their plans to complain of retaliation when he made decisions they didn’t like.


• Farmer is heard on one of the recordings refusing to be involved in an inquiry into an allegation of police misconduct, launching into an obscenity-laced diatribe.

• When Farmer is informed that a police officer complained of another’s use of a Taser five times to subdue a suspect, allegedly a violation of procedure and good police practice, Farmer launched into criticism of the officer who made the complaint.

• Duplantis sought to discipline Farmer for the alleged transgressions but says Parish President Michel Claudet squelched that plan, suggesting that proceeding to do so might raise allegations that the chief was retaliating because Farmer was among employees who testified against him during a civil case in federal court.


• The recordings reveal instances where police headquarters employees ignored admonishments from the chief, threatening to make retribution allegations.

Farmer’s attorney, Jerri Smitko, who argued for release of the recordings in court, suggests that Duplantis did not randomly record nor randomly choose what he would share. She said she has not yet heard them.

“Duplantis most likely cherry picked what tape recorded conversations he has released,” Smitko said. “He most likely made a point of putting his own best foot forward, avoiding contentious actions or words, and baiting Farmer into the diatribes and rants they allegedly contain.”


Duplantis said that is not the case, and that he made the recordings on the advice of an attorney to protect himself against allegations of retaliation, and to bolster his write-ups of Farmer, whom he accused of not following through on tasks as administrative captain.

“I was living in hell and I did everything in my power to protect myself and show that Todd Duplantis was trying to do what he saw as best for the department and for the people of Houma,” Duplantis said in an interview, during which he was asked why recordings of employees were made. “I do not record people with no reason, or just because I want to. I felt my back was against the wall and that I had no choice.”

MORE THAN GOSSIP


The recordings contain material ranging from the banal – discussions between Farmer and the chief’s secretary, Donna Wedgeworth, regarding their opinions on various officials – to policy arguments between Farmer and Duplantis. One 17-minute recording concerns the transfer of Farmer from the head of administration to supervision of car patrols, which he accepts but also protests. At its tail end Farmer asks Duplantis if he is being recorded and the chief says he is not.

Louisiana law permits recording of one’s own conversations without notice being given to the other person. HPD policy prohibits recording of employees but there are exceptions. Duplantis said his recordings were overall part of an internal affairs investigation and therefore permissible.

Among routine matters recorded are preparations for an internal affairs hearing Farmer was to conduct regarding an officer’s involvement in a wreck.


Others contain more disturbing material.

On Aug. 20, 2014, a former Houma resident, identified as Richard Maryland, was arrested at Wal-Mart on Grand Caillou Road for theft and resisting arrest by violence.

A field-training officer, Tim Lucas, made an internal complaint that the arresting officer, Walter Tenney, inappropriately used his Taser on Maryland, a potential policy violation because it can result in death.


“He says Walter Tenney Tased someone in five consecutive cycles, which is a potential death in custody, he said he wants to make you aware,” Lt. Terry Boquet, the HPD’s internal affairs investigator, tells Farmer.

“OK, you told me. Walter Tenney is a dumbass,” Farmer responds. “Tim Lucas wouldn’t be in here if it was one of his partners that Tased him 10 times.”

“I’m jut relaying it to you, don’t shoot the messenger,” Boquet says.


MISSING SUSPECT

A departmental board that reviews use of force, Boquet said, had not met for a while, a period Duplantis later characterized as “months,” noting a request by Lucas for information about the board, which at that time Farmer oversaw.

Boquet tells Farmer he told Lucas the department’s captains were given charge of the use of force board; Lucas, he said, had asked if any of the captains were “certified in use of force.”


“I’m certified in use of kiss my a**,” Farmer responds. “What is he talking about are we certified in use of force? Say you asked me and I said no. We’ve been putting up with that dude for years.”

Attempts by The Times to locate Maryland, who now lives in Bunkie, La., in order to learn more about the Taser incident, were not successful.

During the same meeting Farmer is asked to make an inquiry into an allegation of police misconduct reported by a woman whose husband was arrested at a DWI checkpoint.


Farmer indicates he is familiar with the matter, and immediately says it is not a case.

“We didn’t do anything,” an agitated Farmer says. “This pain in the a**, lying mother**** comes in here, she is a lying mother*** and got to go through all this bull**** when she is a lying mother****. (An officer) got to waste his time a week or two over a lying woman.”

Both Farmer and Boquet discuss the potential of having the woman charged with a crime if she returns to tell her story and files a formal complaint, suggesting that a police car video will counter any claim.


“Let her come in and file the complaint and, as soon as I get the video, she will be charged,” says Boquet.

Wedgeworth is heard entering the conversation.

“Glad you didn’t call them no bitches or whores,” she says.


“We didn’t call the bitch a bitch,” Farmer says.

Other recordings contain disparaging remarks about civilians who have sought help from the HPD, including a complainant who communicated with Farmer to discuss why an arrest of someone who allegedly entered his aged mother’s home illegally was not made.

CAUSE FOR CONCERN


Jerome Boykin, president of the Terrebonne Parish branch of the NAACP, said he is aware of the problems with Farmer and some of the content of the recordings. He expressed concerns about the potential of cavalier attitudes toward civilian complaints at HPD.

“It’s not professional,” he said of Farmer’s responses. “But I am not surprised. There has always been a small group of HPD officers who have had a problem. This is why I do what I do, why when people have complaints I accompany them to the police department. I have a problem with the conduct of any law enforcement officer who uses that type of profanity while speaking about someone who makes a complaint.”

Past problems, Boykin said, improved under the administration of Duplantis and he is confident that the department’s new chief, Dana Coleman, will be equally vigilant.


Among the discussions on the recordings is a demand by Duplantis to know why a State Police request for case numbers relating to unprocessed rape kits – part of a statewide accounting mandated by legislation – had not been honored after being assigned to Farmer.

“I’ve got a lot to do and some things may – I have a whole sh**load of stuff and I am trying to do things for the department,” Farmer replies. “This isn’t something that had a deadline on it. It’s nothing big.”

That problem is one of the reasons, Duplantis tells Farmer, that he was transferred from his administrative position to supervision of car patrols. Farmer then injects the topic of retaliation into the conversation.


“You give me a f*** up evaluation as soon as you get out of court,” Farmer said, referring to the Faulk trial. “I am surprised you took this f***ing long. You are probably recording us right now.”

“I am not going to sit here and continuously argue with you,” Duplantis responds.

Farmer mentions the Faulk trial in another conversation.


“You can’t keep f***ing with people that went to that court about nothing,” Farmer says. “You can’t f*** with nobody that went to that court about nothing.”

CONDUCT UNBECOMING

Concerns Duplantis had about Farmer are detailed in a prepared official notification that an administrative investigation of him was commencing.


Dated Sept. 5, 2014, the form, given a case number of H-50875-14, cites “loud, profane and vulgar language” in connection with the requested follow-up of the complaint made by the woman, as well as Farmer’s conversation with the internal affairs lieutenant, Boquet.

The notice cites HPD regulations governing personal conduct and courtesy as well as insubordination and conduct unbecoming an officer.

Claudet, Duplantis alleges, would not give a green light for the investigation to proceed. At the time, a federal judge was trying to determine whether he should knock down an award the jury assigned as damages in the Faulk case.


“Mr. Claudet specifically told me he didn’t want anything to affect the judge’s decision,” Duplantis said. “I held off on any type of disciplinary action, but was very uncomfortable because of the severity of Capt. Farmer’s actions and attitude. I was distressed by his attitude toward civilians and officers who had complaints about the department, how he addressed subordinates and could undermine our relations with the community.”

Claudet refused to comment when contacted by The Times, citing a long-standing policy of the administration not to comment on personnel matters or matters involving past or present litigation.

In March, Duplantis composed a letter of counsel, which included allegations of insubordinate behavior by Farmer. On that occasion Duplantis did not seek a green light from Claudet.


“I was afraid that if I contacted him he would say no, just like before, and I had to do something,” Duplantis said.

NEGATIVE RESPONSE

Farmer’s response to the letter of counsel includes allegations that Duplantis was retaliating against him in regard to the Faulk case. He denied being insubordinate and presented reasons he felt the criticism was unfair.


Duplantis said he is not wishing to unnecessarily expose skeletons in the HPD closet, and that his interest in discussing the matters contained in the recordings is limited to a desire to set the record straight “and to expose the conduct of high-ranking officials that is not in the best interests of the public. That conduct needs to be exposed, particularly regarding citizen complaints and use of force as regards the Tasing incident. Improving community relations was one of my biggest accomplishments and my top priority as chief. The actions of Farmer completely worked against that.”

Last week, The Times made a formal request for audio recorded by Duplantis in its possession.

Parish Manager Al Levron responded to the request in a timely manner, but said the recordings “as may exist” are exempt from public records laws “as information concerning legal claims in the file of an attorney representing the parish.”


The Times attempted to reach all HPD employees whose voices are heard on the recordings but they did not respond to messages. Chief Coleman said he has ordered all employees not to speak with The Times or any other news outlets.

“HE INTERFACED WELL”

Individual officers have said they have had no problems working with Farmer. Some acknowledge that he has a penchant for a potty-mouth, but are not aware of him using it in dealings with the public. Police administrators confirm that he has never been disciplined for or charged with rudeness to members of the public, nor excessive force.


Raucous language, other HPD employees have said, is not unusual at police headquarters when the public is not in earshot.

“He interfaced well with the public,” said City Marshal Orville Callahan, a former HPD chief who acknowledges that his last official dealings with him date back 15 years. “I had him reach out to the public, to get a public relations program going. He handled the tasks I assigned and he performed the tasks well at the time.”

Suggestions that Duplantis was making personnel decisions out of pique rather than for cause, such as those raised by Farmer, are evident in a different set of employee recordings.


Donna Wedgeworth testified against Duplantis at the Faulk trial.

Included in her testimony was recollection of a conversation with Duplantis during which he allegedly told her he didn’t want her to lie on the witness stand, just to “forget things.”

Duplantis, who later took the stand, denied that he made the statement, and said that it was actually made by Wedgeworth, during a coffee klatch in her office with other employees that he had walked in on.


Wedgeworth also testified in court that another employee told her Claudet and Duplantis were planning retaliation against an officer similar to what was alleged to have been done with Faulk, which Duplantis also denied.

“That never happened, and the employee got on the stand and denied it,” Duplantis said in an interview.

In an Aug. 6, 2014, recording Wedgeworth accuses Duplantis of retaliating against her by not inviting her to a staff meeting.


In the recording, Wedgeworth says, “since court, I am cut out of staff.”

“For the first time since you are chief, I am not invited to a staff meeting and you are retaliating against me,” she tells Duplantis. “You have never not invited me to a staff meeting … Since federal court, you are retaliating against me.”

“This is just staff, personnel,” Duplantis says of the planned meeting. “That’s an untrue statement and you are being insubordinate.”


“No I am not,” Wedgeworth snaps.

“I am going to issue you a written record of counsel for it, too,” retorts an obviously irritated Duplantis.

“I am going to Civil Service,” Wedgeworth says.


In another conversation Wedgeworth questions Duplantis about a rumor she has heard, that patrol officer John Chapman was to be transferred.

Without prompting from Duplantis, Wedgeworth speaks about the trial.

“You hate us I know,” Wedgeworth says. “It was out of my hands, I had to do what I had to do, I had to tell the truth or go to jail for perjury. I had to answer the questions.”


Duplantis denies wishing ill to Wedgeworth, Chapman or anyone else and tells her he has no plans for personnel assignment changes.

Duplantis denies being upset with employees who testified.

Many of the recorded conversations contain light banter, even laughter, between Duplantis, Wedgeworth, Farmer and other employees during the course of a given day’s business.


In one conversation, Wedgeworth and Farmer spend better than 17 minutes sharing their opinions regarding various public officials, and comparing what HPD employees are paid compared to money spent on attorneys.

Parish Attorney Courtney Alcock “is going to be as rich as her daddy,” Wedgeworth opines. Claudet, according to Farmer, is a “bean counter. He just knows that bean counter stuff … He has given us nothing but grief.”

A personnel complaint against Duplantis by Wedgeworth never materialized.


The initial complaint Farmer made, investigated by the parish, resulted in an exoneration of Duplantis, from which Farmer appealed to the Civil Service board.

The board’s chairman, attorney Stanwood Duval, asked for recordings the parish had from the Duplantis collection but David Allen, representing the parish, refused.

That’s when Farmer went to court, seeking for the recordings to be produced.


District Judge John Walker agreed that they should. The parish filed a request to appeal the decision, which Walker granted.

Now parish attorneys have less than a week to follow up, by paying a fee to allow the case to move ahead, and be placed on the calendar of the 1st Circuit Court of Appeal.

Claudet has refused to comment on the matter, noting that it is the policy of the parish not to discuss ongoing or past litigation.


As attorneys for the parish, Duplantis and Farmer continue to battle in court, the department’s new chief, Dana Coleman, says he is going about the business of running the agency day-to-day. Public discussion of the HPD’s internal woes, he has suggested, is not making his job of rebuilding the beleaguered agency any easier. He worries about officer morale.

A complaint made last week by Duplantis, however, brought fallout from the relationship between former chief and the captain into the present.

Duplantis said he received a text on his personal cell phone from Farmer reading simply “This guy has me wanting to f*** him up.”


He made a complaint to the Terrebonne Parish Sheriff’s Office. A deputy contacted Farmer, according to that agency’s records, who said the text was not meant for Duplantis to read but was accidentally sent to his number. No crime was committed, the deputy said, but a report was filed.

A complaint from Duplantis to Coleman received this e-mailed response from the chief.

“In reference to the below mentioned email, Capt. Farmer has been contacted and this matter has been addressed,” Coleman’s e-mail states. “As you already know we are not to discuss personnel matters.”


Coleman did not comment on the matter. He maintains, however, that the department he heads is moving forward in a positive manner.

“Everyone at the Houma Police Department is working together to ensure the citizens within our community we are focused on public safety,” Coleman said in response to a series of questions from The Times. “Every day will not be a ray of sunshine, but we have an understanding that we, as a department, have a duty and commitment to the public to work as a team in our efforts to combat crime throughout Houma.”

The department’s use of force board is now headed by Capt. Milton Wolfe. Regular departmental and staff meetings have been instituted, Coleman said, and at those meetings matters such as the vision for the department’s future and its mission statement have been discussed.


“The turnout and support from our personnel was amazing,” Coleman said. “The overall morale of officers within our agency is heading in a positive direction. We have taken the initiative to foster an environment in which all levels of the Houma Police Department work closely together in a positive and professional manner.” •

HPD recordings