Chappaquiddick on Bayou St. John – New Orleans, La.
Michelle M. Haensel Memorial Web Site
APPEARANCES:
GREG KENNEDY Assistant
District Attorney
SHARON ANDREWS Assistant
District Attorney
JOHN REED Attorney
for the Defendant
MICHAEL CARRO Attorney
for the Defendant
REPORTED BY: Dionne S. Daigle
Certified
Court Reporter
Section
"F"
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1
THE COURT:
2
Mr. Nabors, please. This
matter comes before the Court
3
for determination as to the status
of the defendant’s bond. The
4
attorneys for both sides conferred
with the Court on Thursday
5
evening in chambers for some time
following the verdict of guilty.
6
The State’s request was
twofold. One, first, the State’s position
7
was that the defendant should be
remanded to await sentencing, or.
8
in the alternative, to have some
different type of bond set. The
9
Defense, of course, requested that
the gentleman remain on bond but
10
that the Court allow the defendant the
opportunity to make
11
arrangements for some bond if bond
was to be set.
12
The
Court discussed this with both sides and advised
13
both sides that they should return this
morning. The Court did
14
indicate that if - - and the key word is
“if -- if bond was to be
15
set, it would no longer be in the form of
a recognizance bond or in
16
the form of a so-called personal surety
bond. It would have to
17
either be a commercial surety or a
property bond if bond was to be
18
set.
19 Is there
anything further that the State wishes to say
20
formally on the record or be heard
on?
21 MR. KENNEDY:
22
Judge, not only would we like to just
remind the Court
23
of the entire trial, but, also, the State
would also like co point
24
out that during the entire trial process
and even subsequently
25
after the incident itself, the defendant
has continually shown what
26
can be described as a callous disregard
for the incident by his
27 actions at the time, as well as
continuing actions after the
28
incident. And we would just like to
point that out as an example
29
that – it’s been brought to
the attention of the Court the type of
30
vehicle which the
defendant - - that the defendant subsequently
31 purchased. It’s a Ford pickup
truck, brand name is Splash, and
32 it’s exhibited on the truck itself.
And, your Honor, we point that
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Page 3
1
out
to the Court merely to use it as an example to. For the Court
2 to, to be able to understand the
defendant’s continuing actions
3 and, as I said before, the callous
disregard. We feel that the
4
defendant
has not shown any remorse over the entire incident and,
5 in fact, has shown quite the opposite
effect of that, and it just
6 makes a mockery out of the incident as
well as the criminal justice
7
system,
and we would like the Court to take that into account and
8
take
into account the entire incident itself and the defendant’s
9
actions
after the car went into the bayou. Thank you.
10
THE
COURT:
11
Is
there anything further by the State?
12
MR.
KENNEDY:
13
No,
your Honor.
14
THE
COURT:
15
Anything
by the Defense?
16
MR.
CARBO:
17
Yes,
your Honor. Mr. Kennedy is misleading the Court
18
with
respect to, to this vehicle. Mr. Nabors was able to purchase
19
a new
vehicle. It is not a sports car. It is a four-cylinder
20
truck. It
comes with that decal on it. That decal has been
21
removed by
Mr. Nabors, and somehow the State has attempted to take
22 something that is on the truck, factory
dealer authorized, that has
23
been
removed by Mr. Nabors and somehow twist it and convert it into
24 a callous disregard in this matter. That
is not the case. That is
25
grossly
misleading, and Mr. Kennedy didn’t even tell you that that
26
was on the
truck when it was bought, and it’s a dealer factory
27
decal. That
has been removed, and by no stretch of the imagination
28
can that be
considered callous disregard. Somehow the State
29
apparently
has been checking up on Mr. Nabors to find those types
30 of things but with a full explanation, I
think, that you can see
31
that it
doesn’t pertain to Mr. Nabors’ state of mind, motive, lack
32
of remorse, or
any of that. And I think that that is highly
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Page 4
1 improper to
give half the facto when Mr. Kennedy can know that,
2 because that’s a common truck.
3
MR.
KENNEDY:
4
Judge,
if I could
5
MR.
CARBO:
6
In
addition
7
MR.
KENNEDY:
8
I’m
sorry.
9
THE
COURT:
10
Please.
11
MR.
CAPBO:
12
In
addition, your Honor, with respect to the factors
13 for bond.
Mr. Kennedy has not discussed those. Bond pending
14
sentencing
is to ensure Mr. Nabors’ appearance at sentencing.
15
Mr. Nabors is currently
engaged in a residency program where he
16 treats patients. This is part of his
schooling, part of his
17
preparation
for licensure. He has finished a neurosurgery block.
18
He is
currently in an anesthesiology block for the next few months
19
until
January, and, after that, he takes a general medicine,
20 including emergency room block, where he
assists people with his
21 medical skills.
22
He
has been in the area for many years pursuing not
23
only
his Ph.D. in anatomy but his medical school program. and,
24
consequently,
if Mr. Nabors were remanded to jail, he would not be
25
able
to assist people, as he is attempting to do currently. This
26 is, again, part of his medical training
but it shows that he is
27 attempting to move on with his life and
to do what he can with
28
respect
to the skills that he is being taught. Consequently,
29
remanding
to custody is not indicated here.
30
Mr.
Nabors has been, indeed, on bond throughout these
31 proceedings,
and he is tied to the community not only because he
32
lives here but also because he has a program that ties him here.
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1
It he
were to leave the jurisdiction, he would not only jeopardize
2 obviously his liberty with respect to
this matter but also his
3
whole
professional career that may be ahead of him.
4
THE
COURT:
5
Anything
further by the State?
6
MR.
KENNEDY:
7
Yes, your Honor. As to the truck itself, your Honor,
8
we
never contended that the defendant put the decal on the truck.
9 we’re just merely trying to point
chat out that the defendant
10 shouldn’t have
bought that truck in the first place, especially
11
within several weeks after this incident
itself. And that - -
12 regardless of whether he removed it or
not, that’s not the point.
13
The point is, he
should have never bought it, because it does show
14
a callous
disregard for the victim in this case and for the
15
incident as well.
16
Regarding Mr. Nabors’ medical
background and everything
17 else. Judge, the same argument can be
made for an auto mechanic.
18 Regardless of what somebody does for a
living, their training, or
19
anything else, for
that matter, should not be taken into account
20 here. Whether you’re a doctor, an
auto mechanic, the situation is
21
still the same,
and the fact remains the defendant has yet to spend
22
a day in jail
over this entire incident, and the fact also remains
23
that Shelly Haensel
was still dead and at the hands of the
24
defendant.
25 This is a callous crime that requires
mandatory jail
26
time, and that mandatory jail time should
be carried out. And this
27
appeal could go
on for years. When is it the point where the
28
defendant is
finally going to start paying society for his actions?
29
And he has yet to
do so and continuously flaunts it in the face of
30
the criminal
justice system by buying this type of truck. Whether
31 he removed the decal or not, he should
have never bought it in the
32 first place.
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Page 6
1
MR.
REED:
2
Your
Honor, could I be heard on that?
3
THE
COURT:
4
You
may be heard.
5
MR. REED:
6
Your
Honor, the determinative point on the entitlement
7 to bond hereafter in these proceedings is
a question of the five-
8
year
sentence. That is available to the Court, and if a sentence
9
of
greater than five years is imposed, then the defendant would
10
have no right to
bond . I think it is presumptuous at this point
11. for any of us to know what the
Court’s sentence would be, and I
12
would suspect
that is the case also for the Court. I doubt very
13
much if the Court
has been able to determine what his sentence will
14
be in this matter
not having heard at least half of what the
15 sentencing factors are and, that is,
those that relate to the
16 defendant and the defendant’s
personal circumstances, which will
17 have to be taken into account, and, that
is, of course, the purpose
18
of the presentence
investigation and the purpose for whatever we
19 may further submit to the Court.
20
As long as that
is the case and the range of
21
sentencings are
open in the Court’s mind, I think it would be
22
unjust to deny
bond at this time when the prospect remains that a
23
sentence of five
years or less may be imposed. And as to when
24
Mr. Nabors does
or does not pay what he owes to society for what
25
happened, that is
dependent, as the Court realizes, on the
26
conviction being
sustained by your Honor on post-trial motions and
27
by subsequent
courts in the event there are irregularities in this
28
proceeding, as
there may be, and the day will come in the days to
29
come. But I think
it’s presumptuous, at this point, to assume that
30
the Court would
give a sentence greater than five years and to
31
incarcerate the
defendant as a result. Even if it were more than
32 five years, the Court would have
discretion to grant bond, but as
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Page 7
1 long as wider
five years is a fair consideration in the case. which
2 it has to be in the absence -- given the
defendant’s history and
3
absence
of the Court’s further knowledge, then I think it would
4
be unjust to deny bond at this stage.
5
THE
COURT:
6
Thank
you. nothing further?
7
MR.
KENNEDY:
8
No,
your Honor.
9
THE
COURT:
10
Let
the defendant come forward, please. The Court has
12.
heard the entire
case, of course. The jury has rendered its
12
verdict in
this case. The sentencing range is two to fifteen
13
years. As
such, the Court is afforded discretion of granting bond
14
or denying
bond pending formal sentencing in the case.
15
This case
has caused the Court great concern. I have
16
not been
able to place this out of my mind since Thursday
17 afternoon.
I’ve given this great weight, the facts that -- and
18
what facts
are those? The facts that I’ve heard as presented
19 throughout the
trial. The crime itself, in my estimation, in my
20
evaluation
of the Jury’s verdict, I believe the Jury had every
21 right to return the verdict
that they returned. There certainly
22
was the
crime of vehicular homicide committed. That, of course
23
concerns
the Court greatly. What concerns the Court as well, and
24
perhaps
even more, are the actions and evidence of those actions
25
that the
Jury heard of the defendant in the hours leading up to
26 this crime and then the hour or so after
the crime. I have
27 struggled in my mind, as I always hope I
give and try to give, the
28 full benefit, the full benefit of the
doubt co the defendant
29
throughout the
proceedings, including up until this very moment.
30
I have been
very frustrated though in my attempts to conjure up in
31
my mind any
possible explanation, any possible mitigation that
32
could
explain away. Could explain away his actions and the evidence
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Page 8
1
of his actions, as the Jury heard, in
roughly the hour or so
2
leading up to the crime and the hour or
so after the crime. I have
3 been unable, unable to comprehend in any
way how those actions can
4
be explained
away. How a man who has worked so hard, and I have no
5 reason to doubt that he has to be a
doctor, could tell someone,
6
“You better never come to Charity
Hospital.” The implication that
7
you would throw the Hippocratic Oath
aside, cast it to the wind.
8 I know there are those who would
say that’s just “barroom talk”.
9
That’s just talk from someone
who’s had a drink or two, or three,
10 or four, or is under the influence
of alcohol, intoxicated or
11
otherwise. How one could do that as
a doctor, I don’t know. I
12
personally hold doctors on a
pedestal. I view a doctor as a person
13
who is to
be given the utmost respect. He or she is a person sworn
14
to respect
the dignity of life and to do all humanly possible to
15
enhance
life, to protect life, to preserve life.
16
The
actions and the evidence of the actions of the
17
defendant,
of course, the hour or so after the offense speak even
18
louder.
Perhaps, the most striking thing is something I never
19
thought
about -- I examined the photographs that have been placed
20
into
evidence, that the Jury has seen -- was the comment I
21
believe, of
Ms. Andrews during the closing argument that in all
22
likelihood
the defendant even had to step on the victim, who we
23
know was
alive when the vehicle struck the water, just as this
24
defendant
was, to have the time to open the sunroof of this car, to
25
remove
himself, without even attempting to in any way help this
26 lady and never to reveal her presence in
the vehicle until some
27
time after
he reached the bank of Bayou St. John.
28
By
the way, we all think of this as a body of water, a
29
bayou, and perhaps
it conjures up in our mind a body of water that
30
is deep,
that is wide. Anybody who has traversed that water or
31 even the roadways that adjoin it knows
that it’s not anything of
32
that sort.
In terms of its depth, it’s really nothing more than a
-
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Page 9
2 The comments made additionally in reference
to who the lady
3 was, her
name, the profanity that’s been alleged to have been
4
uttered by this gentleman, this man, in
terms of the inquiry, the
5
officers
in desperation trying to find out if anyone was in this
6
vehicle
who, if anyone, remained in the vehicle, who had been in
7
the
vehicle, the conflicting answers that the man gave, the cries
8
that
were made as the man swam to shore and people came to his aid,
9
imploring
that he tell them was anyone in the water. I simply --
10
I’m overwhelmed
by it. I can’t begin to picture in my mind anyone,
11 much less a doctor, much less a doctor,
having such total and
12
wanton disregard
for the life of another. His concerns about his
13
automobile, his job,
his insurance rates, that’s perhaps a horrible
14 reflection on what a lot of our society
is about today,
15 materialism.
16
I
have thought long and hard about this and I am going
17
to be quite
honest, as I always am or try to be. I truly
18
don’t
believe this man is deserving of an appeal bond or a bond
19
pending sentence
at this time. As to what his ultimate sentence
20
will be, the
numbers in my mind have gone from the minimum to the
21
maximum and
everything in between. Mr. Reed, you are right in one
22
thing. I have not
yet decided what to do. Everyone in this room
23
has my word that.
I will wait until I have heard from everyone that
24
wishes to be
heard in this matter.
25
This
defendant had every right not to take the witness stand
26
and in no way
will he ever be punished for that. Why do I say
27
that? Because I
want to at least say that not one witness, none of
28
the police
officers, none of the lay witnesses on the bank of Bayou
29 St. John, none of the emergency medical
technicians or any of this
30 gentleman’s contemporaries, his fellow
workers at Charity Hospital,
31
not one of them
offered one bit of evidence that this man ever
32
expressed in any
way, directly or indirectly, remorse for the
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Page 10
1 victim. Not
even a word as to is she alive, not even a word as to
2
did
she make it, not even a word did they find her, not even a
3
simple
I’m sorry. The defendant is remanded.
4
5
CERTIFICATE
6
I,
Dionne S. Daigle, certify that the above proceedings were
7 recorded
in shorthand by me and were transcribed under my direct
8
supervision,
and are true and correct to the best of my ability and
9
understanding.
10 _______/s/______
11
DIONNE
S. DAIGLE
12
Certified
Court Reporter
13
Section
“F”
14
15
16
17
18
19
20
New Orleans, Louisiana
21
December 6, 1995
22