AG's Office rejects Avoyelles DA's recusal in Armando Frank case

Three years after Armando Frank died while being arrested in the Marksville Walmart parking lot, a ministers' group is continuing its efforts to bring attention to the death and to obtain "justice" for the
deceased.

Their efforts resulted in the Avoyelles district attorney recusing himself from future action in the case and sending it to the state Attorney General's Office. The AG responded by filing a motion opposing the
recusal and assignment.

None of that moves the Avoyelles Coalition Task Force any closer to its goal of having Frank's Oct. 20, 2017 death case reopened, fully investigated and brought back to a grand jury to consider criminal
charges against law enforcement officers involved in the events that led to his death.

Frank, 42, was a military veteran with a history of mental illness when he allegedly resisted Avoyelles Parish deputies and Marksville city police officers trying to serve burglary and trespassing warrants
related to an incident with a neighbor. He was put in a neck hold which resulted in him suffocating, according to a pathologist's report included in a July 2018 lawsuit filed in U.S. District Court.

The Avoyelles Coalition Task Force, a group of 20 ministers in the black communities of Avoyelles Parish, had asked District Attorney Charles Riddle to reopen the case and bring those involved before
the grand jury again for possible indictments related to Frank's death.

"He told us he would not," Taskforce President Rev. Chris Augustine said.

INFORMATION WITHHELD

The ministers contend critical information was withheld from grand jurors when the matter was heard on March 15, 2018. Grand jurors chose not to indict any of the officers involved.

After Riddle recused his office from the case in late September, Augustine told the Attorney General's Office that the group has "official investigated, documented evidence that, when presented and heard by a grand jury -- in addition to the file presented by District Attorney Charles Riddle to the attorney general -- will result in charges against the principal officers involved in the death of Armando
Frank."

Augustine said he was given a copy of Riddle's initial letter to the AG's Office, which stated the reason for recusal was because his office had been accused of "covering for the police" and he was acting
"in an abundance of precaution" to avoid any allegations of favoritism if there were any future actions in the case.

District Judge Kerry Spruill's order granting the recusal and appointing the attorney general to "take such action as he may deem fit and necessary in connection with the prosecution of this matter” also mentions the reason being "an abundance of caution and to avoid the appearance of partiality."

'INDEPENDENT REVIEW'

Riddle said he had asked the attorney general "for an independent review of the case. We will now wait to see how the AG responds."

That response was a rejection of the recusal and a motion asking Spruill to vacate the order. The AG's Office said Riddle did not provide appropriate grounds for recusal.

Riddle said he will oppose the AG's motion when a hearing is held. No date for the hearing has been set.

Augustine said one version of Riddle's letter to the attorney general said there had been allegations or concerns that Riddle was "covering for police" in the case. Riddle told Augustine he would strike that reference from the letter he would send the AG's Office.

In his letter to the attorney general, Augustine emphasized that if that allegation were part of the documents sent by the district attorney, that it is not the group's position.

He said ACT never accused Riddle of covering for the police officers, which "is not our contention and promotes the ideas of a baseless claim."

While there have been individuals in the parish from the beginning who have pressed for a more aggressive investigation of the circumstances surrounding Frank's death, the case gained more energy
in recent months after high-profile deaths at police officers' hands elsewhere in the country. Avoyelles Parish has been spared the divisive and sometimes violent protests/demonstrations that have been
held in other areas of the state and nation.

Task Force members have said Frank's death is a matter for the judicial system to address, which is why they are focusing their efforts on going through the system to achieve the results they seek and not holding rallies and demonstrations.

RECUSAL REJECTION

In its motion rejecting the recusal and assignment, the Attorney General's Office pointed out the case had been closed for over two years and the recusal should be vacated because it does not provide valid
grounds for the action.

There are three statutory grounds for a DA to recuse his office in a case. The one that comes closest to the reasons stated is the first one -- that the DA "has a personal interest in the case or grand jury proceeding which is in conflict with fair and impartial administration of justice."

While Riddle is not admitting to a "personal interest" that causes a "conflict with fair and impartial administration of justice," the stated reason is to avoid the "appearance of partiality" in the case.

Assistant Attorney General Grant Willis noted in the AG's motion that Riddle obviously had no grounds for recusal from the case because he "prosecuted this matter through an entire grand jury proceeding."