[StBernard] I-Team: Convicted Ex-Judge Collects Disability

[Westley Annis]

Pigs at the trough.  Any of the jokers who are convicted for something done
on the job should NOT be allowed to collect any money.    Grrrrrrr...



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	I-Team: Convicted Ex-Judge Collects Disability
	Crime Commission Wants Official Investigation
	
	POSTED: 4:56 pm CDT July 28, 2010
	UPDATED: 10:56 pm CDT July 28, 2010
	
	CHALMETTE, La. -- St. Bernard Parish Judge Wayne Cresap resigned
from the
	bench after pleading guilty to taking cash kickbacks, but he is
still
	getting paid more than $5,000 a month, the WDSU I-Team reported.
	
	The Metropolitan Crime Commission is now conducting an
investigation.
	
	Cresap is days away from being sentenced, and he could be cashing
some big
	checks from behind bars. Crime Commission Director Rafael Goyenenche
called
	the timeline in the Cresap bribery case "very suspect."
	
	He's calling on federal and state investigators to take a close look
at the
	reported injury that will allow the disgraced public servant to keep
	collecting a check.
	
	Cresap pleaded guilty in late 2009 to taking kickbacks and he
resigned from
	the bench. But he collects more than $5,400 a month -- roughly
$65,000 a
	year -- because he has a disability: a bad back.
	
	"I think it's problematic on multiple levels," Goyeneche said. "I
think this
	is something that doesn't pass the smell test that needs to be
	investigated."
	
	Goyeneche put together a timeline of Cresap's legal troubles, which
date
	back to the spring of 2009. That's when federal authorities told
Cresap he
	was part of a federal bribery probe. In late April of that year,
Cresap was
	arrested on accusations of taking cash from lawyers and, in
exchange,
	reducing bond amounts for their clients.
	
	Six months later, in October 2009, Cresap pleaded guilty to a
	bribery-related charge and resigned.
	
	On Nov. 1, at 62 years old, Cresap started collecting his pension,
in the
	amount of $5,400 a month. The retirement age to start collecting a
pension
	is 65. The reason he gets his money early is because the Louisiana
State
	Employees Retirement System declared Cresap disabled, his attorney
said.
	
	"Former Judge Cresap has had serious problems for a number of years,
going
	back to at least 2004," said defense attorney Pat Fanning.
	
	Fanning said Cresap hurt himself at work long before his legal
troubles
	began.
	
	"He took a fall on a wet floor in the courthouse," Fanning said.
	
	Without the disability, Cresap would have to wait three years to
start
	collecting his pension, Goyeneche said.
	
	"This newly convicted felon, dishonest judge, is saying his back was
injured
	in 2004. But it didn't rise to the level of him reporting it or
doing
	anything about it until after he was arrested by the federal
authorities,"
	Goyeneche said.
	
	Goyeneche said Cresap may have exploited the system.
	
	"Recognizing that he will no longer be able to collect his judicial
paycheck
	while he's in a federal penitentiary unless he has some type of
retirement
	benefits -- the problem is he's not eligible to collect retirement
unless he
	has a disability designation," Goyeneche said.
	
	But Fanning said Cresap's disability is legitimate.
	
	"If Rafael Goyeneche believes this all started after the
investigation
	started, he is 100 percent wrong about that," he said. "Judge Cresap
gave
	the certificates from three different doctors, MRIs from years ago
and other
	medical information."
	
	Goyeneche has more specific questions.
	
	"Did he need surgery or will it just heal with time? Does he have to
walk
	with a brace or a walker? Will he require a special medical facility
when he
	gets to the penitentiary?" he asked.
	
	Because of federal privacy guidelines, the state is not allowed to
give out
	that kind of information.
	
	"So it's going to have to be someone with a badge and subpoena
powers that
	goes in there and obtains the answers to those questions," Goyeneche
said.
	"It cries out for an independent, through investigation, because I
think
	it's galling for the tax payers to think that a newly convicted
ex-judge
	will collect a disability paycheck as he sits in the penitentiary."
	
	As part of his plea agreement, Cresap is cooperating with the
federal
	government. He is set to be sentenced on Aug. 2 and faces a maximum
penalty
	of five years in jail.