[StBernard] State looks to revoke St. Bernard President Dave Peralta's bond, defense asks to change venue

[Westley Annis]

State looks to revoke St. Bernard President Dave Peralta's bond, defense
asks to change venue

Benjamin Alexander-Bloch, NOLA.com | The Times-Picayune By Benjamin
Alexander-Bloch, NOLA.com | The Times-Picayune 
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on October 10, 2014 at 3:50 PM, updated October 10, 2014 at 8:44 PM
 

In the St. Bernard Parish President Dave Peralta sexual battery case, the
state is asking a judge to revoke his bond next week. Meanwhile, the defense
is asking that the whole case be moved to a parish outside of St. Bernard
because "a fair and impartial trial cannot be obtained in the parish."

Regarding Peralta's bond, Assistant Attorney General David Weilbaecher
argues in his written motion filed this week that the bond should "be
revoked or increased with additional restrictive conditions" in an effort to
curb "the defendant's aberrant behavior and to protect the victim."

If Judge Frank Foil, who is presiding over the case, decides not to revoke
his bond on Wednesday (Oct. 15), the states suggests some possible
alternatives to jail: "home incarceration with curfew, GPS monitoring,
limited internet/email access, no travel outside St. Bernard Parish without
the leave of Court, no access to firearms."

The state motion says "12 handguns were located at the defendant's home
during the July 25, 2014 execution of a search warrant."

Weilbaecher writes that the recent additional felony indictment against
Peralta, this one on Sept. 24 for stalking, showed "repeated violations of
multiple protective orders" concerning his now ex-wife Sharon Schaefer, who
has accused Peralta of raping her last October, on her 49th birthday.

Peralta currently is out of jail on a $35,000 bond in the stalking case and
a $20,000 bond in the sexual battery case.

Peralta has denied the rape accusation in interviews, saying the rough sex
was consensual, and he has pleaded not guilty to the sexual battery charge
from earlier this year. The arraignment in the felony stalking case, which
is going forward in St. Tammany, is scheduled for November.

Schaefer was living in Slidell when the alleged stalking occurred this year.

The state motion says "the defendant's inability to conform his actions to
the broad yet direct orders of the Court (in terms of the protective orders)
indicates that the defendant does not appreciate the serious implications of
his actions and that the defendant has impaired judgment in matters
pertaining to SSP," Sharon Schaefer Peralta.

While NOLA.com | The Times-Picayune does not typically name alleged victims
of sexual crimes, Schaefer has regularly spoken publicly about the matter.
More recently, both Schaefer and Peralta have stopped discussing the case
publicly because Foil, who is presiding over the sexual battery case, has
ordered both of them, and their attorneys, not to speak on the matter.

Also in its motion about Peralta's bond, the state argues that Peralta could
be dangerous.

"Considering that the defendant is a retired police officer from both the
New  Orleans Police Department (former sergeant) and the St. Bernard
Sheriff's Office (former major) and considering that the defendant's current
employment as parish president has not restrained him from harassing
(Schaefer), the State suggest that the defendant's impaired judgment raises
the possibility of dangerous irrational actions concerning (Schaefer),
himself or others," according to the state motion. "In addition to
(Schaefer), the State is concerned about harassment and/or retribution from
the defendant to sources working for the St. Bernard Parish Government who
have provided cooperation and information concerning the case before the bar
and the ongoing witness intimidation, etc., investigation which flowed from
the case before the bar."

"If the Court declines to revoke the defendant's bond, the State suggests
that the Court craft bond conditions which greatly limit the defendant's
ability to harass or threaten the safety of (Schaefer) or anyone who has
provided information and assistance to the prosecution."

The state motion also describes a specific, recent incident. It states that
Schaefer moved from St. Tammany to Jefferson Parish in September "to live
with her brother in an effort to evade contact with the defendant."

But that on Sept. 9, Schaefer received "a large brown envelope" at that
Jefferson address with the return address listed as Peralta's home in
Meraux.

"The handwriting is consistent with other examples of the defendant's
handwriting," according to the state motion. "Although stamps were affixed
to the envelope, the absence of a postmark indicates that the envelope was
dropped off."

"A cooperating individuals has provided a statement to the AG office that
the defendant admitted to sending the packet to (Schaefer) through the
mail."

In terms of the motion to change venue, Peralta's defense attorneys in part
argue that the venue should be moved because "pretrial publicity and local
notoriety surrounding his case has been extensive and overwhelming, making
it impossible for him to receive a fair and impartial trial in this parish."

His attorneys Stephen London and Stephen Haedicke add that Weilbaecher "has
been consulted regarding this motion, and has no objection to venue being
change."

Also on Wednesday, Foil is expected to hear a defense motion to suppress any
statements that Peralta made to the State Police troopers who executed the
search warrant at his house on Oct. 27, 2013.

"Almost immediately upon the troopers' arrival, Mr. Peralta informed them
that he would not make any statements without his lawyer being present," the
defense motion states. "Nevertheless, the troopers questioned Mr. Peralta
regarding a number of issues and he made statements to them in response to
these questions.

"Mr. Peralta was subjected to a custodial interrogation during the course of
the search warrant that was executed at this house on October 27, 2013.
Because he requested that his lawyers be present before answering any
questions, any statements that he made to the troopers after that request
should be excluded from evidence."

The motion does not provide any description of those statements.  

Foil was appointed by the state Supreme Court to hear the sexual battery
case after all five state judges in the parish recused themselves. The state
attorney general's office took over the case after the local district
attorney's office also recused itself.

Earlier this week, the St. Bernard Parish Council on introduced ordinances
that would take control of employee hires and salaries away from the
embattled parish president.