State v. Pigford

935 So. 2d 261, 2006 WL 1672906
CourtLouisiana Court of Appeal
DecidedJune 19, 2006
Docket39,306-KA
StatusPublished
Cited by1 cases

This text of 935 So. 2d 261 (State v. Pigford) 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
State v. Pigford, 935 So. 2d 261, 2006 WL 1672906 (La. Ct. App. 2006).

Opinion

935 So.2d 261 (2006)

STATE of Louisiana, Appellee
v.
Richard Thomas PIGFORD, Appellant.

No. 39,306-KA.

Court of Appeal of Louisiana, Second Circuit.

June 19, 2006.

*263 Louisiana Appellate Project, by James E. Beal, Jonesboro, Paula C. Marx, Lafayette, for Appellant.

Richard Thomas Pigford, pro se.

Paul J. Carmouche, District Attorney, Sean D. Miller, Tommy J. Johnson, Assistant District Attorneys, for Appellee.

Before WILLIAMS, STEWART and MOORE, JJ.

STEWART, J.

Following our reversal of the defendant Thomas Pigford's conviction and sentence for possession of marijuana with the intent to distribute in State v. Pigford, 39,306 (La.App. 2d Cir.1/26/05), 892 So.2d 724, the Louisiana Supreme Court reversed our ruling, reinstated the conviction and sentence, and remanded the case for our consideration of the assignments of error pretermitted by our earlier ruling. For the reasons that follow, we affirm the defendant's conviction and sentence.

*264 FACTS

On September 25, 2000, a computer weight monitoring station set up on I-20 by the state police registered an eastbound Volvo eighteen-wheeler 3000 pounds over the state weight limit of 80,000 pounds. The vehicle, driven by the defendant, was directed to pull over into the nearest weight station. Carol Pigford, the defendant's wife and the registered owner of the tractor, was a passenger in the vehicle. The record does not establish the registered owner of the trailer. The trailer was not sealed, but was locked only with a padlock. The defendant had the key to the padlock.

The truck was weighed on the stationary scales at the weigh station, and again determined to be 3,000 pounds overweight. The defendant was directed to pull over and stop the truck, and to get out with his papers. Sergeant Brierre Thomas, with the Department of Transportation Weights and Standards Unit, and Deputy Danny Williams, a K-9 officer with the Caddo Parish Sheriff's Office, interviewed the defendant. The defendant told them he was traveling to New York; however, the bill of lading showed the defendant was hauling a load of grapes from California to Pennsylvania.

Because they were concerned about the discrepancy in the destination and cargo given by the defendant and the destination on the bill of lading and the fact that the defendant seemed to be traveling out of his way to get to New York, Sergeant Thomas and Deputy Williams asked the defendant to open the back of the trailer, so they could see what he had as cargo. The defendant refused to open the trailer, telling the officers he was a member of the NAACP, and that he knew he had a right to refuse to allow the search. In fact, at the hearing on the defendant's motion to suppress, Sergeant Thomas admitted that he and Deputy Williams had no authority to make the defendant open the trailer.

Immediately after the defendant refused to open the trailer, Sergeant Thomas called Peggy Adley, an agent with the Public Service Commission. She was across the interstate at the westbound weigh station. Sergeant Thomas testified that he called Adley because she would need to know what was in the trailer, check Pigford's single state registration and insurance, and inspect his load to see if it matched his bill of lading. Sergeant Thomas also noted that the fact that company the defendant drove for was not a familiar company aroused suspicion. Sergeant Thomas told Officer Adley that he had a trucker who was refusing to open the trailer, and he had conflicting statements about the load and the destination.

Agent Adley arrived in a couple of minutes and inspected Pigford's papers. Afterwards, she told him that she had the right to inspect the trailer without his consent, so he unlocked the padlock and opened the doors. The trailer contained a load of boxes of grapes, stacked nearly to the top of the trailer. Agent Adley did not inspect the load, but asked Sergeant Thomas to do so. Sergeant Thomas climbed up onto the back of the trailer and looked at the load. As Sergeant Thomas inspected the load, he either saw or felt a large package sitting on top of the boxes of grapes, less than an arm's length from the back end of the load. The package was wrapped in clear plastic wrap and duct tape, and was about a foot wide and six-and-a-half to seven feet long. The package was not visible until Sergeant Thomas got up onto the back of the trailer.

Sergeant Thomas asked the defendant about the package, and the defendant told him he didn't know anything about it. Carol Pigford also denied knowing anything about the package. Sergeant Thomas *265 and Deputy Williams pulled the package down. One of the bundles in the package was opened up, revealing marijuana. The total weight of marijuana was approximately 52 pounds, with a street value of $52,000. The defendant and his wife were arrested for possession of marijuana with the intent to distribute. After the arrest, the defendant's bill of lading was determined to be in good order. No fingerprints were found on the package.

Prior to the trial, Pigford filed a motion to suppress that was denied by the trial court. During the time leading up to the trial, Pigford retained and fired three different attorneys before deciding to represent himself in defense of the charges against him. The trial court strongly warned the defendant that he was facing a serious felony charge and that he needed counsel. In fact, the trial court offered to continue the matter to allow the defendant to consider getting new counsel.

Nonetheless, Pigford responded by stating that he still wanted to represent himself. The trial court then advised the defendant that he would be tried by a jury unless he specifically waived the right, and that he had a right to subpoena witnesses. After the trial court further advised the defendant of the delays in subpoenaing witnesses, he was allowed to represent himself.

On November 18, 2002, the defendant made an oral motion to be appointed counsel, which was argued and denied by the trial court. The trial court advised the defendant as to the proper procedure in conducting a jury voir dire. After several delays, trial began on November 19, 2002.

The transcript reveals that Pigford put forth a more than adequate defense for himself, displaying a significant level of confidence and proficiency in using the rules of evidence to impeach witness testimony, assert objections, and effectively cross examine witnesses. Pigford attacked the credibility of the officers involved, and argued that the state's evidence could not exclude the possibility that the marijuana was put in the trailer by someone who helped load the trailer.

On cross examination of Sergeant Thomas, Pigford established that the load of grapes came through a broker. He also established that an overweight load was a common occurrence, usually involving writing a citation and letting the trucker leave. The defendant also established that although Sergeant Thomas had just testified that the marijuana was in "plain view," it was actually on the top of the load of grapes, two or three feet above his head, and was discoverable only by reaching over with his hand and feeling around.

The defendant got Deputy Williams to admit that it was possible that someone loading the hauler could have placed the marijuana into the truck while the defendant was sorting out the paperwork, and someone else could have taken the marijuana off at the other end, and "...

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Related

State v. Brown
966 So. 2d 727 (Louisiana Court of Appeal, 2007)

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Bluebook (online)
935 So. 2d 261, 2006 WL 1672906, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pigford-lactapp-2006.