Appeal planned in Crum lawsuit

Published 12:00 am Wednesday, September 11, 2002

By LEONARD GRAY

LAPLACE – An appeal is planned by the people who unsuccessfully sought to disqualify 40th Judicial District Attorney John Crum Jr. from re-election, on the grounds that he is not domiciled in St. John the Baptist Parish.

The plaintiff’s new attorney, Arlinda Westbrook of New Orleans, filed for an appeal on Wednesday. That appeal hearing will be held next week, the exact date not yet set by the Fifth Circuit Court of Appeals.

A hearing held by an ad hoc judge on Sept. 3 ruled that Crum is qualified and denied the petition.

The matter all started when Cora Johnson, a secretary in Geri Broussard-Baloney’s law office, said she had received several anonymous phone calls in the days after candidate qualifying for the district attorney’s race in St. John the Baptist Parish ended. Baloney is Crum’s opponent in the race.

She said the calls sparked her interest and, with Chester McDowell, filed suit on Aug. 30, in an attempt to disqualify Crum from the campaign.

However, following a five-hour hearing on Sept. 3, First Circuit Court of Appeals Judge Douglas Gonzales ruled in Crum’s favor. Gonzales heard the case, as the local district judges all recused themselves from the case.

Baloney said the idea Crum did not reside in the parish “never crossed my mind,” and added she “disregarded it, initially.”

On the other hand, during the hearing, testimony from her husband, Carl Baloney, was that he had kept Crum’s LaPlace residence at 1916 Madewood Road under surveillance for three weeks and never saw him.

Crum concurred he lived on Octavia Street in New Orleans, where his wife and children also live, but he testified he spent time in his LaPlace home, where he would shower, eat breakfast and watch television before going to work.

Landry added Crum kept his cat indoors and two dogs in the back yard, and cared for them, as well as slept there some nights and received mail at the Madewood address.

He added he bought the house in New Orleans 10 years ago, to make it easier on his children to attend schools in the area. However, he has maintained his LaPlace home for 29 years, since 1973, and plans to return his family there, once his youngest child, a high school senior, graduates next spring.

Geri Baloney commented that Crum’s water usage averaged 20 gallons per month, hardly enough to take daily showers.

Crum was represented by Barry Landry, one of his assistant district attorneys. The plaintiffs were initially represented by Robert Marrero of Gretna, but he has since been replaced.

According to state law, the matter had to be heard within four days after filing and a ruling was mandated within 24 hours after the completion of testimony.