2009 Victor indictment thrown out
Published 12:00 am Saturday, February 13, 2010
By ROBIN SHANNON
L’Observateur
EDGARD – A St. John the Baptist Parish judge invalidated the latest indictments against members of the Victor family of Reserve in connection with the 2008 death of an 8-year-old boy.
District Court Judge Madeline Jasmine voided the September 2009 indictments because a grand jury member wore a shirt that “openly advertised” employment by the St. John Parish Sheriff’s Office.
According to Jasmine’s ruling, filed Feb. 4, the deputy was a member of the grand jury that indicted Errol and Tonya Victor on a charge of second-degree murder and Errol Victor Jr. on a charge of accessory after the fact in the April 1, 2008 death of Errol Victor’s stepson, M.L. Lloyd III.
The three were originally indicted in April 2008. It is not yet known whether all charges against the family will be dropped or whether the 2008 indictments would replace the one vacated.
Jasmine said in her ruling that although no laws prohibit members of law enforcement from serving as a grand juror, the officer’s shirt posed a potentially significant problem.
“The Sheriff’s Office, which is inherently aligned with the State, presents an even greater need to exercise an abundance of caution,” said Jasmine in the ruling.
Jasmine also stated the deputy, by virtue of his job, might have had more access to materials and evidence pertaining to the case than the average grand juror. She said it is important for anyone accused of a crime to have a “fair and impartial trial.”
The state Attorney General’s Office, which is handling prosecution after St. John District Attorney Tom Daley recused himself and his office in October 2009, filed a motion Wednesday to appeal Jasmine’s ruling.
That motion, filed by Assistant Attorney General Julie Cullen, states Jasmine’s ruling may only void the grand jury indictment from September 2009 and not the actions of the April 2008 grand jury. Cullen is asking Jasmine to reverse her ruling and also clarify if the previous indictment still holds up. The Attorney General’s Office is also trying to determine if another grand jury can be reconvened.
In the April 2008 indictment, Errol Victor Sr., 44, was charged with first-degree murder, Tonya Victor, 35, was charged with cruelty to a juvenile and accessory after the fact to first-degree murder and Errol Victor Jr., 26, was charged with accessory after the fact to first-degree murder.
A coroner’s report indicated the 8-year-old boy, who was unresponsive when taken to a LaPlace hospital, had widespread bruising, and a death certificate listed the cause of death as asphyxiation due to neck compression.