Brown capital case proceeds toward trial, DA reports

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Morganza authorization draws near in D.C.
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Statements made to deputies by the defendant in a Lockport triple-murder case may be admitted at his trial, a Lafourche Parish judge has ruled.


Prior criminal acts allegedly committed by 35-year-old David Brown may also be disclosed to jurors, District Court Judge Jerome Barbera said, following a day-long hearing last Thursday.

David Brown faces a potential death penalty if convicted of murdering 29-year-old Jacquelin Nieves and her daughters, 7-year-old Gabriela and 20-month-old Izabela in their Lockport apartment Nov. 4, 2012.

The three were stabbed to death and the apartment then set afire; Brown, of Houma, is accused as well of sexually assaulting the mother and eldest daughter.


Defense lawyer Kerry Cuccia sought to have statements made by Brown during questioning suppressed, alleging that he was unable to give informed consent to questioning because deputies did not inform him that he was a suspect in the case at the time. Had police been truthful, the defense surmised, Brown would have sought legal counsel.

Warnings that statements he made could be used against him and that he had the right to an attorney, the judge’s ruling indicated, should have been sufficient to protect Brown’s rights.

Barbera also ruled that prior criminal offenses attributed to Brown could be introduced at trial.


At issue was the 1996 stabbing by Brown of his sister-in-law in Chauvin, and an intrusion into an apartment adjoining that of the murder victims earlier on the night of the crime.

Lafourche Parish District Attorney Cam Morvant said Monday that Brown’s trial is scheduled to proceed on Sept. 29.

Cuccia said he has not decided yet whether to seek a review of Barbera’s ruling from a higher court.


The judge also ruled in a separate hearing Friday that one of Morvant’s assistants does not have a conflict of interest and can continue helping with the case.

A law firm Assistant District Attorney Heather Hendricks worked for had represented a member of Brown’s family years ago.