Louisiana State Police (LSP) Lt. John Clary (right), who was recently reinstated with LSP after a baseless indictment against him for Obstruction of Justice was dismissed, escorts Louisiana Tech’s football coach off the field after a home game (Clary was also relieved of that detail based on the false allegation made against him).
In today’s Sound Off Louisiana feature, founder Robert Burns seeks for Louisiana State Police (LSP) and/or the Louisiana State Police Commission (LSPC) to “clear the air” on what all transpired during the months of April and May of 2021 that ultimately led to a bogus indictment of Lt. John Clary for Obstruction of Justice.
That indictment was based on the unquestioned falsity of an allegation that he, “concealed his body-worn camera for almost two years.” The matter entailed the arrest and apprehension of Ronald Greene on May 10, 2019. Here is video of Burns’ statement before the Commission on Thursday, January 11, 2024:
Burns makes public comment at the LSPC meeting of Thursday, January 11, 2024 regarding the bogus indictment of Lt. John Clary along with inserted video clips of others making statements which validate what Burns indicates to the Commission transpired.
The above video speaks for itself, so the only comment we’ll make is that Burns failed to indicate to the Commission that former lead investigator on the Greene matter, then-Sergeant Albert Paxton, changed his testimony on March 22, 2022 within minutes.
His testimony changed in that he first testified that he first learned of Clary’s body-worn camera on or around October 2, 2020 (see 2:58 mark of above video and Paxton’s video segment shortly thereafter) to April of 2021 (see 5:57 mark of above video).
In the video above, Burns references a hard-copy printout provided to each Commissioner. Let’s take a moment to present the table at this time:
| Date of Clary Body-Cam Video Activity / Discussion | Nature of Activity / Discussion |
|---|---|
| May 10, 2019 | Clary successfully uploads video at 4:30 a.m. on the very morning of Greene's death. The video then became an official record of LSP. |
| May 15, 2019 | Video downloaded by Scott Davis, LSP's then Use of Force Expert. |
| May 21, 2019 | Video streamed by Sgt. Kory Borcherding. |
| July, 2019 | Then-Sgt. Albert Paxton (now retired from LSP) logs onto AXON system. |
| August, 2019 | Paxton provides DA John Belton with "all" of the case file on Greene, but he would later acknowledge that the Clary video was, "not included on the flash drive." |
| September 2, 2020 | Video downloaded by Richard Buckland (LSP IA). |
| September 5, 2020 | LSP IA Sgt. Mike Talley begins conducting an Internal affairs investigation into Greene's death and interviews Kory York and watches the Clary video as part of his investigation. |
| September 9, 2020 | LSP's then-legal counsel, Faye Morrison, tells us that this "initial complaint," which is undated but signed by Paxton is, "the only document entailing Greene that we deem public at this time." |
| September 10, 2020 | Video downloaded by Kevin Ducote (LSP IA). Sound Off Louisiana breaks Greene matter. |
| Early -to-mid September, 2020. | Buckland & Ducote meet with Paxton, after which he (Paxton) is incredulous over what he claims was an interrogation of his wife, with whom Paxton admitted providing his case reports for her to review because, "her grammar skills are better than mine." |
| On or around October 2, 2020 | According to his testimony before the Greene Committee on March 22, 2022, Paxton testifies that he and Davis met and discussed the Clary video. Paxton claims that's the first time he became aware of the existence of the Clary video. |
| October 20, 2020 | Talley completes and dates his report and stresses that his findings are based in part on the Clary video. |
| April 9, 2021 | Scott Davis accesses Clary video that he'd previously downloaded on May 15, 2019. |
| April 9, 2021 | Although Scott Brown, Paxton's supervisor, testifies on March 22, 2022 that others allegedly did NOT want Paxton's original report to be supplemented, Brown ordered the supplement to transpire. In that supplement, Paxton reveals that he first learned of the Clary video on April 9, 2021, a claim which directly contradicts his testimony on March 22, 2022 (corroborated by Scott Davis) that he discussed the Clary video with Davis on or around October 2, 2020 (see video on entry below). |
| On or around April 9, 2021 | With word spreading of "leaded videos" and, apparently fearing a media leak of Clary's video, Paxton telephones Belton and lets him know about the Clary video and that the video will be delivered to him. |
| May 19, 2021 | AP releases leaked DeMoss video of the Ronald Greene arrest and in-custody death. That's the short video depicting the brutal acts which transpired prior to Clary's arrival on the scene. |
| May 24, 2021 | AP reporter Jim Mustian publishes this article falsely accusing LSP Lt. John Clary of, "concealing his body-cam video for almost two years." |
| September 10, 2021 | Apparently based on the "media hype" of the false AP article published on May 24, 2021, Louisiana State Sen. Cleo Fields openly states that, unless someone else is held accountable, Clary should be charged with Obstruction of Justice |
| March 22, 2022 | Paxton testifies that his first knowledge of the Clary body-worn camera came on or about October 2, 2020. |
| March 22, 2022 | LSP Sgt. Scott Davis corroborates the previous testimony of retired Sgt. Albert Paxton regarding the two of them discussing the Clary body-worn video in October of 2020. |
| March 22, 2022 | Paxton's testimony of first becoming aware of the Clary body-worn camera in October of 2020 notwithstanding, he changes his testimony only minutes later to indicate that he did not learn of the Clary body-worn camera until "April" (of 2021). |
| March 22, 2022 | Paxton testifies that, upon Belton obtaining the Clary video (and the DeMoss video being released to the public), LSP top brass told District Attorney John Belton that, "they didn't want anything done to John Clary." |
| March 22, 2022 | Greene Committee Chairman Tanner Magee directly tells Paxton that people had told him (Magee) that Paxton, "always knew about the Clary body camera video." Paxton became extremely defensive in his commentary after Magee made that statement to him. |
| April 28, 2022 | Then-LSP Lt. Col. Kenny Van Buren flatly states that claims that Clary concealed his body-worn camera are, "not remotely accurate." |
| April 28, 2022 | State Rep. Debbie Villio becomes condescending, arrogant, and flippant in countering Van Buren's claim. Villio hangs her hat on "emails to the contrary" wherein Paxton is alleged to have asked to view videos. For Villio's claim to have any merit whatsoever, those "emails to the contrary" should be dated BEFORE July of 2019, and CERTAINLY before October 2, 2020. We have examined the infamous "emails to the contrary." While we've made an editorial decision not to publish them, here are the dates on those emails: May 17, 2021; June 14, 2021; July 26, 2021; July 27, 2021; October 7, 2021. So, these "emails to the contrary" were all comprised VERY NEAR OR AFTER the public release of the DeMoss damning Greene video. Furthermore, the emails are regarding general LSP policy on viewing videos and potential changes thereof and most certainly don't appear in any way to be requests to view any Ronald Greene videos. Finally, common sense would dictate that LSP instituted a MAJOR clamp down on anyone's ability to view videos after the leak of that DeMoss video to the public, and Villio's claim appears to us to be bogus and have no merit whatsoever. |
| October 12, 2022 | Union Parish DA John Belton announces that he will convene a grand jury to seek indictments for the LSP in-custody death of Ronald Greene. It should be noted that virtually all of the original 17 counts of the indictments against all troopers are derived from the Clary video. |
| Sometime between October 12, 2022 and December 15, 2022 | The State of Louisiana contracts with Dr. Seth Stoughton out of South Carolina to draft a use-of-force report. His report, which relied upon Sgt. Talley's IA report (which, in turn, was based on the Clary video) was a key element leading up to the indictments of the troopers (and one sheriff deputy) entailing Greene's arrest |
| December 15, 2022 | Notwithstanding ALL of the collective evidence outlined above indicating definitively that Lt. John Clary most certainly DID NOT conceal his body camera footage, and despite the incredibly vague words of Belton's indictment count (which didn't even have the words "body camera" among those words and which would require a subsequent Bill of Particulars to spell out just what Clary allegedly did), Clary is indicted for "Obstruction of Justice" (precisely what Sen. Cleo Fields had called for) for allegedly withholding his body camera video! |
| June 23, 2023 | After several court hearings requiring Belton to provide specificity entailing what each trooper is alleged to have done to warrant the indictments, Kory York's attorney, J. Michael Small, files a Kastigar Motion which references the Stoughton report, Talley's IA report, and the fact that the IA report (dated October 20, 2020) relied upon the Clary body worn camera. It was THAT filing that first caused the alarm bell to go off with us that something was sure as hell not adding up because a video which allegedly was "withheld" can hardly be used to compose an IA report!! |
| November 3, 2023 | The Lincoln Parish Journal publishes this feature which, although buried at the very end of the article, contained the AXON log for Clary's body worn camera. It was that log which prompted our deep dive into the testimonies outlined on March 22, 2022 and April 28, 2022 that resulted in us releasing........ |
| November 26, 2023 | this November 26, 2023 feature authoritatively demonstrating just how truly bogus the indictment against Clary was and why Belton had no choice but to drop the charge against Clary or else get his, "head handed to him on a platter in court." |
| December 18, 2023 | As reported in this AP feature, Lt. John Clary is reinstated at LSP. The headline of the article is infuriating to us because it STILL tilts toward portraying Clary as guilty. The headline would be fine if the word "FALSELY" was inserted before the word "accused!" We can only assume it's sheer pride that won't allow the mainstream media to do such a Mea culpa. What irks us is that it is typically bloggers who get tagged as being renegades. In this instance, we feel we're having to go behind the mainstream media and clean up the mess they left behind! |
One thing that troubles us and which has bothered us since we first broke the Ronald Greene matter is an “initial complaint” filed by Paxton. Notice that, in the April 28, 2022 Villio entry in the table above, she is totally fixated on when Paxton watched the Clary video.
We would be far more interested in knowing when he watched the DeMoss video. In his testimony, he admits Clary handed that DeMoss video (the one with the damning material of LSP’s initial encounter with Greene) to him on a flash drive in the wee hours of the morning on the very day of the incident, May 10, 2019.
It is therefore quite perplexing to us how Paxton, in this undated “initial complaint” about the Greene matter, placed the following material in that incident report:
Two troopers were involved in a pursuit with a vehicle being driven by Ronald Greene (B/M DOB: 9/28/1969). The pursuit ended when Greene crashed his vehicle on Crossroads Loop in Union Parish. Greene was taken into custody after resisting arrest and a struggle with Troopers. A short time later Greene became unresponsive and was transported to Glenwood Medical Center by Pafford Medical Services. Greene died while in route Glenwood Medical Center.
Now, again, bear in mind that Paxton, by his own admission, had the flash drive containing the DeMoss video upon ending his interview with Clary that very morning. So, did he #1) not watch the DeMoss video prior to drafting the above report, OR #2) watch the DeMoss video and draft what is above anyway. We would certainly assume the correct response is #1, but it begs the question of why that video (which is not lengthy) was not viewed prior to authoring the above “initial complaint?”
In wrapping this feature up, Billy Broussard opted to address the LSPC for a grand total of three (3) minutes wherein Broussard seeks to “clear my own name, and that of my former attorney, which just so happens to be our now-Governor.” Let’s take a look:
1/11/24: Broussard expresses his desire that his own name as well as that of his then-attorney (Gov. Jeff Landry) can be cleared through a supplemental report he requests of LSP.
It is refreshing to see someone focus on the facts. Burns provides incontrovertible evidence that LSP misled the public into falsely believing that Lt. John Clary withheld his body cam video. For that, LSP owes Lt. Clary an apology. This entire incident was probably nothing more than an honest miscommunication. However, it did expose several much more concerning failures. The first is DA Belton, who should be investigated for indicting Clary. Based on the facts presented by Burns, it is almost a certainty that DA Belton presented false or misleading information to a Grand Jury. The people place enormous trust in DAs, who have an obligation to ensure targets are treated fairly. Mr. Burns has neither investigators nor attorneys on staff, yet he was easily able to present overwhelming evidence that the Belton indictment of Clary was pure crap. Moreover, Belton apparently lied to the Green family about why he dropped the case. Whether it was incompetence or politically motivated, we simply cannot allow DAs to abuse their power and present false or misleading evidence to a Grand Jury. If this occurred, Mr. Belton should suffer the consequences, including possibly being disbarred.
The second misjustice is the actions of the media, specifically The Associated Press (AP). This is a classic example of why the public does not trust mainstream media. On May 24, 2021, the AP ran a story that flatly accused Lt. Clary of withholding his body cam video. They had a source, namely Paxton, and they ran with it. I guess the days of requiring multiple sources before running a story are a thing of the past. In any event, we can forgive the AP for not getting the facts correct, we all make mistakes. However, as Burns points out on December 18, 2023, AP reporter Jim Mustian ran a follow up story that doubled down on the false premise that Clary withheld the video. This was after Burns had reported the facts, and Mustian knew Clary did not withhold the video. This is not journalism; it is propaganda and misinformation. There are usually two reasons so called reporters do this. One is they have a political agenda, or they are chasing mouse clicks. It is true that a story about a corrupt state trooper sells more papers than an honest mistake. Unfortunately for the AP, that is not what happened in this case. I don’t think anyone reading this would be surprised that an AP reporter would sell his soul for a few measly mouse clicks. Mr. Mustian and the AP should issue a retraction and point out LSP had the video the entire time!! If they want to write a story, maybe they should investigate DA Belton and figure out why he indicted a sitting state trooper using false information. In most states, this is a crime.
A BIG Thank You to Mr Burns on your appearance and request of the commission and of the new LSP staff. Under past administrations you have held their feet to the fire but you are not afraid to print or speak the truth when it is as plain as day. Armed only with your time, attendance and public records request, your reporting was more accurate than that of the grand jury. Thank You for speaking up for the one that was innocent. Lt Clary’s name, reputation, his career was damaged by those who were pushed by politics, political pressure or a poorly run investigation. God Bless you Mr Burns for standing in Lt Clary’s corner and Thanks again from someone who once proudly wore the uniform.
I am in disbelief that this actually happened but even more so at the way this matter was spun by media outlets. Somebody damn sure needs to do as Burns said and investigate this whole matter!
I tell you who needs to be investigated is Villio. She thinks she is smarter than the professionals, and she had no clue what was talking about. The Kenner voters ought to have to pay for making others endure such foolishness.