By strange luck or sheer coincidence, I was recently presented with opportunities to attend speaking appearances by several key players in New Orleans’ criminal justice system. I offer my summaries and impressions of the presentations by each of these officials for your consideration, starting with the District Attorney.

While Orleans Parish District Attorney Leon A. Cannizzaro, Jr., was sworn into office during January 2009, the emerging cooperative relationship between DA Cannizzaro and the New Orleans Police Department (NOPD) is noteworthy. Cannizzaro recently made a presentation to the NOPD Citizens Police Academy, where he spoke with surprising candor (smiling and joking were witnessed).

In cases where criminal charges are made against an accused individual, it is asserted that a violation of the Louisiana Criminal Code has occurred and that the entire community of the State of Louisiana has been aggrieved. The role of the District Attorney’s Office is not investigatory; the NOPD is the entity that performs and reports the results of investigations. Based on the NOPD’s investigation and report, the DA’s Office either accepts or declines to accept the charges against accused individuals. For the DA’s Office, the clock starts to tick when the accused has been jailed; the office then has a period of 60 to 90 days’ time to make a decision regarding acceptance of the case (depending on the nature of the offense and charges against the accused).

Cannizzaro highlighted recent improvements in regard to the relationship between the Orleans Parish DA’s Office and the NOPD. While the quality of the reports submitted by the NOPD has improved significantly, Cannizzaro stated, “I want the NOPD to do it even better than they’re doing now.” When Cannizzaro was sworn into office, he estimated that there was “a 50% chance your case would be thrown out [by the DA's Office] based upon the lack of a prompt NOPD investigation”; the DA’s Office is actively working with the NOPD to expedite receipt of the NOPD’s report to the DA’s Office within a period of three- to five-days’ time. Cannizzaro then compared his office to Drew Brees and the NOPD to the New Orleans Saints’ defensive line.

Additionally, as of February 2009, an Assistant District Attorney (ADA) and a counselor are being dispatched from the DA’s Office to all murder investigation scenes in Orleans Parish. The ADA works with the NOPD investigating officers and detectives to help ensure the NOPD’s report to the DA’s Office is complete and accurate. The counselors hand out business cards to observers in the community, which has been instrumental in the identification of potential witnesses. While witnesses have historically been reluctant to talk to the NOPD, these counselors are providing an avenue for witnesses to come forward in a different manner. DA Cannizzaro says the message his office has been getting across to the NOPD is “We’re here to work with you” and that the results have been beneficial, as an average of 85% of the charges being presented by the NOPD to the DA’s Office are being accepted at this time.

As a result of these efforts, Cannizzaro noted that “More violent offenders were convicted in 2009 than in the years 2008 and 2007 combined.” the DA also spoke of the public perception that juries in Orleans Parish are reluctant to convict; his unvarnished observation with regard to this belief was: “Excuse me, but that’s bullshit.” He sees the aggressive efforts of his office as a contributing factor in changing this cultural perception via the corresponding rate of obtaining convictions.

DA Cannizzaro spoke openly about the impact of the illegal drug trade within Orleans Parish. “If we solve the drug problem, we solve the crime problem.” Cannizzaro estimates that approximately 90% of the criminal activity occurring in Orleans Parish is drug-related in one manner or another. When asked about the recent criminalization of the synthetic marijuana substance commonly known as “mojo” or “spice,” Cannizzaro’s response was surprising: “I’m not advocating this, but I’d rather kids would be using ‘mojo’ instead of cocaine or heroin.”

The District Attorney’s Office has moved an estimated 1,100 marijuana cases from the Criminal Court docket to Municipal Court. This measure to free up the Criminal Court docket has resulted in criminal cases being resolved much more quickly. For first-time marijuana offenses, the typical judgment involves a fine, drug-testing, and probation. Currently, however, he notes that “the law is such that a municipal statute does not exist regarding marijuana offenses”; efforts have been initiated to make a municipal ordinance that is identical to the existing state statute.

When asked his opinion regarding electronic monitoring of offenders, DA Cannizzaro stated that electronic monitoring cannot be administered by a private company that has no force of law or power to arrest monitored persons violating the terms of the monitoring arrangement. In Jefferson Parish, instances of automatic violations (monitored person is determined to be outside of the approved range of travel or is determined to be active at a time that is not permitted) are accepted as automatic probable cause; this is not presently true in Orleans Parish. If a violation occurs, a judge’s order is required to pick up the monitored individual; Cannizzaro acknowledged it “can be hard to get at 3:00 AM, and the violator will need to be re-charged as well.” Cannizzaro indicated that, because of these complicating factors, enforcement for electronic monitoring in Orleans Parish will be moving into the jurisdiction and responsibilities of the Orleans Parish Sheriff’s Office.

DA Cannizzaro is not in favor of the proposed 5,000 bed correctional facility; his opinion on the subject was that it would amount to “essentially warehousing people, and it won’t resolve the crime problem.” He reassured people in attendance that the approval of this proposed facility will be determined by voters, as it “will go to a public vote.”  Instead of increasing the capacity for incarceration, Cannizzaro advocates that our prison facilities “need to provide GED and job training opportunities, as well as substance abuse counseling requirements” as appropriate.

The District Attorney appeared to be far more concerned about/invested in the Youth Studies Center issue, indicating that such a facility would be “in the best interests of the child[ren].” He noted with discernible dismay that “We are no closer to constructing a modern facility for the children than we were five years ago.”

Website for the Orleans Parish District Attorney’s Office: http://www.cityofno.com/pg-102-1-da-home-page.aspx