In re Trestman

795 So. 2d 398, 0 La.App. 4 Cir. 1367, 2001 La. App. LEXIS 1853, 2001 WL 878898
CourtLouisiana Court of Appeal
DecidedAugust 1, 2001
DocketNo. 2000-KA-1367
StatusPublished
Cited by2 cases

This text of 795 So. 2d 398 (In re Trestman) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Trestman, 795 So. 2d 398, 0 La.App. 4 Cir. 1367, 2001 La. App. LEXIS 1853, 2001 WL 878898 (La. Ct. App. 2001).

Opinions

[i JONES, Judge.

Defendant/Appellant, the City of New Orleans (hereinafter “City”), appeals the judgment of the district court which upheld the constitutionality of LSA-R.S. 44:3(F), which allows family members of a murder victim to discover all records of a governmental agency relevant to the investigation of the death of the victim, after the passage of ten years after the crime. After reviewing the record, we find that the legislation at issue is not special legislation; thus, we affirm the judgment of the district court.

FACTS AND PROCEDURAL HISTORY

Israel Trestman was murdered on April 24, 1989, in New Orleans, Louisiana. An extensive investigation relative to the murder of Mr. Trestman was conducted, but the New Orleans Police Department (hereinafter “NOPD”) was unable to arrest a suspect in connection with its investigation of this crime. Therefore, on February 10, 2000, Mr. Trestman’s son, Evan, along with Mr. Trestman’s widow, Roslyn Trest-man, filed an application in the Orleans Parish Criminal District Court to obtain the records, files, and evidence pertaining to the investigation of Mr. Trestman’s death. The application was filed pursuant to LSAjR.S.2 44:3 A(l) as amended and reenacted, and 44:3(F) as amended by Act 484 of the Regular Session of the 1999 Legislature.

Though the Trestmans’ application was initially granted, the district court, on May 5, 2000, vacated its order, stayed the enforcement of its order, and set the matter for a contradictory hearing in light of the City’s Motion to Dismiss or Quash the [400]*400Application. Following oral arguments, the district court affirmed its original judgment by finding that the statute was constitutional and that the Trestmans were entitled to discover the records relative to the NOPD’s investigation of Israel Trest-man’s death beginning on May 15, 2000. It is from this judgment that the City filed the instant suspensive appeal.

a. Statutory Intent

In its pleadings and arguments before this Court, the City argues that the statute in question is an unconstitutional infringement upon the City’s police powers as it pertains to the facts and circumstances of the instant case. In essence, the City asserts that turning over the files to the victim’s immediate family members would drastically jeopardize the City’s ability to adequately prosecute the case. The City also contends that compliance with the statute could place the Trestmans in grave danger of physical harm. For instance, the City contends that the Trestmans could be harmed if they relinquished information to someone who may actually be a suspect in the case or if they confronted an individual who they believed murdered their loved one. More specifically, the City argues that the crime of first degree murder has no statute of limitations; therefore, the City still has the obligation and authority to continue to prosecute this crime without surrendering the fruits of its investigation.

laThe City argues that allowing the Trestmans to review the records when the case is not officially closed would only delay and further interfere with the prosecution of the case. Moreover, the City argues that presenting testimony regarding the on-going nature of its investigation would also be a disclosure of its records— especially if these witnesses are to be cross-examined in detail by the Trestmans’ attorneys. The City further argues that the legislature’s passage of the statute does not in and of itself make the statute constitutional because a safeguard was built into the law to require the criminal judge’s approval of the family’s inspection. Finally, the City argues that the statute violates the prohibition against the passage of local or special laws, particularly when the statute impacts those civil or criminal actions that are still pending.

In response, the Trestman family argues that the legislature was fully aware of the fact that homicides do not have a prescriptive period, and that they were not looking to prevent the NOPD’s investigation of the case. However, the Trestmans argue that, notwithstanding the NOPD’s statutory mandate to investigate crimes within its jurisdiction, the law imposes upon the NOPD the obligation to allow its files to be reviewed by those individuals whose loved one was murdered ten years or longer without a conviction having been effectuated. The Trestmans further argue that the statute’s intent was not to usurp the authority of the police department, but to aid it by allowing members of the statutory class to assist physically and financially in bringing the murderer to justice and providing closure to the affected family. Additionally, the Trestmans dispute the City’s classification of the statute as “special legislation,” because the statute allows any family that meets the statutory prerequisites to discover the police’s documents. We agree.

LSA-R.S. 44:3 provides in pertinent parts the following:

|4A. Nothing in this Chapter shall be construed to require disclosures of records, or the information contained therein, held by the offices of the attorney general, district attorneys, sheriffs, police departments, Department of Public Safety and Corrections, marshals, investigators, public health investiga[401]*401tors, correctional agencies, communications districts, or intelligence agencies of the state, which records are: (1) Records pertaining to pending criminal litigation or any criminal litigation which can be reasonably anticipated, until such litigation has been finally adjudicated or otherwise settled, except as provided in Subsection F of this Section
B. All records, files, documents, and communications, and information contained therein, pertaining to or tending to impart the identity of any confidential source of information of any of the state officers, agencies, or department mentioned in Paragraph A above, shall be privileged, and no court shall order the disclosure of same except on grounds of due process or constitutional law.
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C. Whenever the same is necessary, judicial determination pertaining to compliance with this section or with constitutional law shall be made after a contradictory hearing provided by law. An appeal by the state or an officer, agency, or department thereof shall be suspensive.
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F. Notwithstanding any other provision of law to the contrary, añer a period of ten years has lapsed from the date of death of a person by other than natural causes and upon approval by the district court having jurisdiction over any criminal prosecution which may result due to the death of such person, any prosecutive, investigative, and other law enforcement agency, or any other governmental agency in possession of investigative files or evidence or potential evidence, or any other record, document, or item relating to said death shall, upon request, provide copies of all such files records, and documents to immediate family members of the victim and shall provide unlimited access for any and all purposes to all such evidence, potential evidence, and other items to any member of the immediate family and to any person or persons whom any member of the immediate family has designated for such purpose.

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Bluebook (online)
795 So. 2d 398, 0 La.App. 4 Cir. 1367, 2001 La. App. LEXIS 1853, 2001 WL 878898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-trestman-lactapp-2001.