DA asks that Berry be removed from MCSB
Jan. 25 update: The hearing has been moved to 1:30 p.m. Wednesday in Courtroom 6 of the Ouachita Parish Courthouse because Judge Judge Wendell Manning was delayed in Washington by a snowstorm.
Fourth Judicial District Attorney Jerry Jones has filed a petition to have Daryll Berry removed from the Monroe City School Board.
After a complaint from attorney Stephen A. Jefferson, Jones found that Berry was convicted in 2005 of unauthorized use of a moveable and did not complete the provisions of his sentence until October 2006, making him ineligible to hold elected office until 2021 under Article 1, Section 10 of the Louisiana Constitution of 1974.
Assistant District Attorney Neal Johnson said Berry had filed for the court to set his conviction aside at the end of the probationary period under Article 893 of the Louisiana criminal procedure code. The judge, however, denied that request.
Johnson said his office has no indication that Berry knew the judge had denied his request, which makes this a civil matter.
Berry has not yet responded to requests for comment.
Johnson said Berry basically has two options at the hearing — show his 893 request was granted, which court records do not uphold, or to prove he had a governor's pardon. Johnson said Berry had a first-time offender's pardon, which isn't applicable in this situation. The court would require a gold-seal pardon. Judge Wendell Manning set the hearing for 9:30 a.m. Tuesday.
Meg Casper, press secretary for Louisiana Secretary of State Tom Schedler, said if Berry is removed from office with more than one year left in his term, a special election will be held. The school board will have 20 days from the time the vacancy is declared to appoint an interim board member to serve until the election.
The state's process for vacancies in local and municipal offices is set forth in Louisiana Revised Statute 18:602. The Monroe City School Board's policy for unexpired term fulfillment follows the same standard.
"While I cannot comment on the legality of the issue at hand, I am sad that members of the school board are, yet again, bringing negative press to the school system because this does not reflect the amazing teachers, administrators, staff and students we have throughout our system," Jennifer Haneline, who represents MCSB District 2, said. "We, as a school board, need to do better to respectfully, transparently, and successfully represent the people we serve."
On April 11 2005, Berry, who was a former Ouachita Parish Police Jury president, entered a plea agreement with the 4th District Attorney's Office pleading guilty to felony-grade unauthorized use of a movable.
He was sentenced by ad hoc Judge James Boddie to a suspended one-year jail term at hard labor, a $500 fine and $100 to the Indigent Defenders Board. He was placed on one year of supervised probation.
Berry had been indicted on three counts of public bribery involving local businessmen Jeff Pruett and James Sharplin, and former Public Works director Frederick "Bo" Boyte.
Berry, Boyte and six others were indicted June 23, 2003, after an 18-month investigation into police jury corruption.
Assistant District Attorney George Ross told Boddie that the three bribery charges will be dismissed in return for Berry's plea agreement.
Ross and Berry's defense attorney, state Sen. Charles Jones described Berry's agreement as a "best-interest plea" in which he really doesn't admit guilt but considers it in his best interest to enter a plea.
If Berry paid his fine and met the conditions of his year of supervised probation, Jones said he could apply to have his conviction "wiped from his record and have his rights restored."
Berry requested that his conviction be set aside on Oct. 27, 2006. Then-4th District Judge Marcus Clark, however, denied that request on Nov. 20, 2006.
Berry ran for Monroe City Council District 3 in 2008, for Ouachita Parish Police Jury District D in 2009, Monroe City School Board District 4 in 2010, Monroe City Council District 3 in 2012 and Monroe City School Board District 4 in 2014.
"Louisiana law does not provide for any agency to 'check' the qualifications of candidates, Casper said. " It does however, allow for a challenge period before the election and for the district attorney to bring action if evidence is brought forward that the elected official does not meet the qualifications for office."