Moreau gets chance to appeal order
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A judge on Wednesday halted his order that a state agency turn over driver’s license data on East Baton Rouge Parish residents to attorneys for the alleged triggerman in the 2006 killing of an Olive Garden restaurant employee.
State District Judge Don Johnson stayed his Dec. 15 order and gave the East Baton Rouge Parish District Attorney’s Office until Feb. 5 to appeal his order.
Assistant District Attorney Aaron Brooks said District Attorney Doug Moreau will decide whether to ask a state appeals court or a federal judge to review Johnson’s order.
Attorneys for Tracy Young, who is scheduled to stand trial May 11 on a first-degree murder charge in the shooting death of Aaron Arnold, have hired a pollster to help them gauge whether Young can receive a fair trial in East Baton Rouge.
Young’s lawyers contend the pollster needs the driver’s license information to do his job.
“That’s the whole purpose, to increase the (jury) pool so you have an accurate jury selection process. Why would anyone fight that?’’ Mark Marinoff, one of Young’s attorneys, said after Wednesday’s hearing.
Brooks maintains the information, which includes home addresses and dates of birth, is privileged material and protected by federal law. He argues the pollster could actually taint the pool of prospective jurors.
“Just because you agree to serve on a jury, does defense counsel get to have all your information so they can run a poll?’’ Brooks queried outside court.
Young, 31, is accused of fatally shooting the 21-year-old Arnold and wounding fellow Olive Garden employee Dionne Grayson on Sept. 8, 2006, in a parking lot behind the restaurant.
Arnold was helping Grayson put gas in her car when both were shot.
A jury convicted Young’s accomplice, Sanchez Brumfield, of first-degree murder in May and recommended he die by lethal injection.
Last month, District Judge Todd Hernandez formally sentenced the 24-year-old Brumfield to death.
State District Judge Don Johnson stayed his Dec. 15 order and gave the East Baton Rouge Parish District Attorney’s Office until Feb. 5 to appeal his order.
Assistant District Attorney Aaron Brooks said District Attorney Doug Moreau will decide whether to ask a state appeals court or a federal judge to review Johnson’s order.
Attorneys for Tracy Young, who is scheduled to stand trial May 11 on a first-degree murder charge in the shooting death of Aaron Arnold, have hired a pollster to help them gauge whether Young can receive a fair trial in East Baton Rouge.
Young’s lawyers contend the pollster needs the driver’s license information to do his job.
“That’s the whole purpose, to increase the (jury) pool so you have an accurate jury selection process. Why would anyone fight that?’’ Mark Marinoff, one of Young’s attorneys, said after Wednesday’s hearing.
Brooks maintains the information, which includes home addresses and dates of birth, is privileged material and protected by federal law. He argues the pollster could actually taint the pool of prospective jurors.
“Just because you agree to serve on a jury, does defense counsel get to have all your information so they can run a poll?’’ Brooks queried outside court.
Young, 31, is accused of fatally shooting the 21-year-old Arnold and wounding fellow Olive Garden employee Dionne Grayson on Sept. 8, 2006, in a parking lot behind the restaurant.
Arnold was helping Grayson put gas in her car when both were shot.
A jury convicted Young’s accomplice, Sanchez Brumfield, of first-degree murder in May and recommended he die by lethal injection.
Last month, District Judge Todd Hernandez formally sentenced the 24-year-old Brumfield to death.
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