[StBernard] Sharon Peralta's motions must be heard in St. Bernard court, Orleans judge rules

Westley Annis westley at da-parish.com
Thu Feb 6 08:11:28 EST 2014


Sharon Peralta's motions must be heard in St. Bernard court, Orleans judge
rules
Print Benjamin Alexander-Bloch, NOLA.com | The Times-Picayune By Benjamin
Alexander-Bloch, NOLA.com | The Times-Picayune
on February 05, 2014 at 1:30 PM, updated February 05, 2014 at 1:38 PM

An Orleans Parish civil court judge on Wednesday ruled to dismiss the
temporary restraining order filed against St. Bernard Parish President Dave
Peralta's wife, Sharon Schaefer Peralta.

Judge Regina Bartholomew said the law requires that any motions in the
proceeding be filed in St. Bernard's 34th Judicial District Court because
that is the venue where Dave Peralta initially filed both his petition for a
divorce and his own motion for a temporary restraining order against Sharon
Peralta.

Dave Peralta and Sharon Peralta attended the hearing, along with their
attorneys. Both of them declined to comment publicly on the matter following
the judge's decision.

Dave Peralta's attorneys Adele Faust and Bennett Wolff had filed a motion on
Monday arguing that Orleans Parish Civil District Court was the improper
venue for the case.

Sharon Peralta's attorney Vernon P. Thomas said he had not read that motion
before entering the courtroom on Wednesday morning. All the same, Thomas
attempted to argue against it by emphasizing that Sharon Peralta - who was
accompanied by two friends at the Wednesday hearing - does not feel safe
entering St. Bernard.

But, Bartholomew responded to Thomas, "Unfortunately, the legislature
doesn't allow me to go forward."

Sharon Peralta has accused her husband of raping her in their Meraux home on
Oct. 27, which was her 49th birthday. And in her civil filings for a
restraining order in Orleans Parish, she wrote, "He raped and beat me and
then walked away."

State Attorney General Buddy Caldwell's office is reviewing the possible
criminal rape charge after St. Bernard Parish District Attorney John Rowley
recused his office from the case.

And before a hearing scheduled in St. Bernard last month on Dave Peralta's
civil filings, Sharon Peralta sent a faxed letter to a St. Bernard judge,
writing in part, "I am afraid for my life and cannot attend this hearing
until I obtain some personal security for myself."

While the St. Bernard case currently is in front of District Judge Robert
Buckley, Thomas said that he filed a motion in St. Bernard earlier this week
to have Buckley recused.

In her faxed letter to Buckley last month, Sharon Peralta also asked that
Buckley recuse himself.

"Dave Peralta has me well aware that you are a personal friend of his," she
wrote, adding that Buckley's secretary and her husband "are close friends of
Dave and they once worked together as police officers with the NOPD."

Louisiana law requires that a judge be recused if they are "biased,
prejudiced or personally interested" in the outcome of the case or otherwise
unable to ensure fair and impartial proceedings.

During the Jan. 24 court hearing, after receiving the fax from Sharon
Peralta, Buckley said he has known Dave Peralta "for many years," but "to
say that he is a personal friend, that would be incorrect."

Buckley said he attended the Peralta's wedding, but that he also taught
Sharon Peralta in a paralegal class at Chalmette's Nunez Community College.
In terms of the relationship affecting his impartiality, Buckley said, "I
don't see that in this case."

Sharon Peralta has worked in parish government since 2007. She currently is
on leave. The Peraltas married on March 31, 2012 and they separated on Dec.
10, according to Dave Peralta's divorce filing.

At this point, it is uncertain whether another St. Bernard judge will rule
on that recusal motion or whether Buckley simply will agree to the recusal,
thereby not requiring a hearing on the matter. If Buckley is recused, the
matter would go in front of another St. Bernard judge.

Thomas has said that his client will ask for all St. Bernard judges to be
recused from the case and that the state Supreme Court appoint an ad hoc
judge to hear her requests for a temporary restraining order and other
matters in the divorce proceeding.



More information about the StBernard mailing list