[StBernard] Mose Jefferson is denied a change of venue

[Westley Annis]

Mose Jefferson is denied a change of venue
Published: Monday, September 27, 2010, 10:30 PM 
 Gwen Filosa, The Times-Picayune 

Mose Jefferson hobbled into federal court Monday afternoon, complaining of a
hernia that is going untreated by his caretakers at the St. Bernard jail, as
he awaits a second trial over corruption charges that could send his
one-time girlfriend, former City Councilwoman Renee Gill Pratt to prison as
well.

"Miss Pratt," Jefferson, 68, greeted his longtime companion. He wore red
jail-issued clothing and shackles at the wrists and ankles, part of the
10-year federal prison sentence he is already serving for a conviction on
charges that he bribed former Orleans School Board Chairwoman Ellenese
Brooks-Simms. 

 
Gill Pratt, 56, returned his smile, carrying a modest purse and clad in a
blue suit.
The pair are one week away from a jury trial at U.S. District Court, in
which Jefferson faces charges that he led a scheme to loot hundreds of
thousands of dollars from charities started and controlled by members of the
Jefferson family -- some of whom will testify against him. 

Mose Jefferson and Gill Pratt each has a pugnacious, high-priced attorney
who has argued that their clients cannot receive a fair shake from a the
federal district jury pool because it is dominated by white suburbanites.

Judge Ivan Lemelle denied the defense a change of venue to Baton Rouge and
requests to scrap the jury selection process.

"With these odds, an Eskimo would stand a better chance at receiving a fair
trial," attorney Arthur "Buddy" Lemann argued in a recent motion that said
that of eligible jurors awaiting final selection Monday, "only 7 percent are
African-Americans from New Orleans."

Lemann's focus on race has annoyed prosecutors. During a Sept. 21 hearing,
he said it was "reality" that he'd more likely strike a white juror who had
heard of his client's prior bribery conviction than an African-American
juror.

"Such a racially based exercise of challenges during jury selection is
invidious discrimination against the jurors themselves," Assistant District
Attorney Daniel Friel replied in a motion asking Lemelle to admonish both
Lemann and Michael Fawer, who is representing Gill Pratt.

"Miraculously, the 'chocolate city' becomes vanilla in the federal
courthouse," Lemann added as a footnote to his assertions that 70 percent of
the eligible jury pool is white, with almost half coming from Jefferson and
St. Tammany parishes.

Lemelle did side with the defense on one issue: federal prosecutors cannot
bring up Mose Jefferson's prior bribery conviction -- even if he takes the
stand to testify, as he plans. 

"He can now testify and the prior conviction is not going to be made
admissible and known to the jury," Lemann said after the hearing. "It's a
major victory. It took the advantage away from the government."

Lemelle said doing so would only create more juror bias, and unfairly affect
Gill Pratt, who has a clean record.

"This is not a typical case," Lemelle said, during the brief portion of a 1
1/2 hour hearing that played out in public view. 

Most of the hearing took place behind closed doors, where attorney Michael
Fawer and Lemann met with prosecutors and Lemelle over various exhibits that
the government plans to display during trial.

Most of the pretrial hearing took place behind closed doors in the jury
room, where the attorneys and Lemelle reviewed various exhibits that the
government plans to display during trial.

Former 4th District Assessor Betty Jefferson, who has been portrayed by
federal authorities as the co-mastermind of the scheme with Mose Jefferson,
entered a plea earlier this year, along with her daughter, Angela Coleman.
In doing so, the two agreed to testify against Mose Jefferson and Gill
Pratt.

Coleman and Betty Jefferson are awaiting sentencing, having taken plea
deals. Former U.S. Rep. William Jefferson, brother of Betty and Mose
Jefferson, has been sentenced to 13 years in prison in a separate case for
his conviction on charges he solicited bribes in connection with business
dealings in Africa. He is free pending his appeal.

Gwen Filosa can be reached at gfilosa at timespicayune.com or 504.826.3304.