A federal raid at the Canal Refinery in Church Point almost 15 years ago unraveled into a faulty indictment thanks to the story of a cocaine addict and two federal agents who were engaged in an extramarital affair.
Sept. 5, 1996 was a day of chaos for employees at the Canal Refinery in Church Point when armed federal agents barged into the facility, threw files onto the floor — and prohibited female employees from using the restroom or making arrangements for their children to be picked up from daycare.
It's been almost 15 years since that Swat Team — commissioned by the U.S. Environmental Protection Agency — spent hours rummaging the Church Point refinery in search of hazardous waste. And though no hazardous waste was ever found, Hubert Vidrine of Opelousas, Canal's former manager, was still facing the issue in federal court as recently as June.
The "hazardous waste" the EPA was in search of more than a decade ago reportedly had been spotted the day before when State Police stopped a truck that was delivering materials to Canal. Field tests showed the materials were questionable, which prompted the EPA to send samples to a laboratory for actual testing.
But the investigating agent failed to disclose that a lab test was pending, and based on the opinion of another EPA employee, the EPA had reason to believe the materials were in violation of federal environmental statutes.
According to the civil lawsuit Vidrine has since filed against the U.S. government, "subsequent lab reports did not show that Tank 402 contained hazardous waste ... For the following three years, no charges were filed against Canal or any employee of Canal based upon the evidence obtained."
It was also during those three years that one EPA technical expert turned criminal investigator, Keith Phillips, received a tip from a "source" that Vidrine, through his private petroleum brokering side business, knowingly bought materials that exceeded the regulatory threshold for contaminants.
The "source," Mike Franklin, was a former business associate of Vidrine's who told agents that he obtained a lab report on these materials and warned Vidrine about the "bad stuff" before Vidrine purchased the hazardous waste from another private broker, according to court filings.
But what no government agent told the grand jury when it convened to decide whether Vidrine would be indicted was that Franklin had never actually produced any lab report to support his story. Nor had the government.
The grand jury also never learned that Franklin had a long history of cocaine use, three drug arrests on his record and federal tax liens worth almost $100,000.
Six months after Vidrine was indicted on federal felony environmental charges that could have brought Vidrine to prison for up to five years and imposed millions of dollars in fines, the federal prosecutor on the case told Vidrine's defense attorney that the government still didn't have the "hot" lab report that was necessary to implicate Vidrine.
And two years later, after U.S. District Judge Tucker Melancon barred the government from going to trial without that report and the federal appeals court wouldn't even hear the government's appeal on Melancon's decision, the prosecution persisted.
Court filings say the government went so far as to hypnotize Franklin in an effort to spur his memory of where to find the lab report that tied Vidrine to a truck load of contaminants, a truck that was never proven to have existed.
"In this case, they had no evidence that Mr. Vidrine did anything that harmed anyone — not intentionally, not negligently, or even innocently," Vidrine's lawsuit states.
Throughout the entire investigation, Agent Phillips and FBI agent Ekko Barnhill, who were jointly investigating the case, were having a sexual relationship, according to court filings, one that gave Phillips a reason for needing to travel from Dallas to Lafayette as often as he did.
The United States government eventually dismissed the indictment against Vidrine in September 2003, the night before the trial was set to start and seven years after the raid on Canal took place.
Vidrine waited another seven years to sue the government for lost income, lost earning capacity, legal costs to defend prosecution, damage to he and his wife's reputations, emotional distress, humiliation and loss of consortium.
His side job as a petroleum broker was growing quickly when the investigation began, he claims, but ceased almost immediately after his name became associated with "bad stuff."
U.S. District Judge Rebecca Doherty presided over the civil lawsuit in June. An employee in Doherty's office said Friday that there is no timeline on when a verdict could be released.
Vidrine's fight to recoup more than $5 million from the feds is another example of how even one slip-up from the federal government can have far-reaching effects on residents in Acadiana. And though the nature of Vidrine's case is different than the indictments exposed in The Independent's cover story, "CONVICTed," the civil cases that have followed the indictments show that the federal government's actions here at home potentially cost taxpayers millions of dollars in resources to prosecute — and millions to defend the when they're challenged.
Despite sweeping changes enacted by Gov. Bobby Jindal's administration, the health insurance program for state workers and public school employees will have to use $88 million from its reserve fund to cover its costs this year.
The LPSB races are sure to get heated between now and Nov. 4, and with only 9 available seats, this year's field of 20 candidates will surely be wanting to set themselves apart from the crowd early; they'll get their chance next week, starting Tuesday with the kick-off of a three-day series of candidate forums.
Lawmakers say they've received complaints that waits have spiked, with people being forced to wait in line for more than an hour — and sometimes three hours — to handle routine tasks.
The campaign announced that Rep. Stuart Bishop of District 43 and Nancy Landry, District 31, have thrown their support behind the Naval Academy graduate and entrepreneur in his bid to unseat current Hunter Beasley in District 8.
A Lafayette man with an alleged taste for child porn was busted Thursday evening during a cyber crime sting launched by the Attorney General’s Office.
U.S. Rep. Vance McAllister says his chief of staff is on temporary leave after being booked with drunken driving.
It was a rare moment in Congress this week as Republicans briefly put aside partisanship in support of President Barack Obama's request to train and arm Syrian rebels, and while a number of Democrats opposed the measure, Louisiana's Democratic Sen. Mary Landrieu found herself on the same side of the issue as her Republican challenger Rep. Bill Cassidy.
Home Depot breach bigger than Target; Alibaba IPO could be big; Rivers' last project and more national and international news for Friday, September 19, 2014.
Friday's Blogs from the Bog!
City-Parish President Joey Durel is asking the council to sign off on a resolution approving a pair of deals that would lead to razing the seedy Lesspay Motel at Four Corners to build a new police substation as well as transforming nearly a block Downtown where the old federal courthouse building now molders into a mixed-use development.
In 2013, the IRS — already the least popular governmental agency in the country — became the target of intense investigations after it was revealed that they had specifically and improperly scrutinized applications for tax-exempt status from organizations associated with the nascent Tea Party movement.
Improving the running game was "a point of emphasis" during the offseason and the results have manifested themselves in the form of substantially greater production.
Louisiana's health department said Wednesday that its evaluation of the state's Medicaid privatization was on target, despite criticism from the legislative auditor that it lacked key data and contained inconsistencies.
The feds converge on your office, seizing records on several employees as part of a pay-for-plea investigation. WWYD? If you’re Mike Harson, you give yourself a $12k raise.
It’s football season and after back-to-back winless weekends for the Saints and the Cajuns many citizens are finding it difficult to be civil much less happy. Well, chew on this.
Considering his repeated stays in the local penal system, David Narcisse Jr. should have known that having a semiautomatic shotgun, even one given to him by a friend, wasn’t the brightest of ideas.
A state district judge on Tuesday threw out a last-minute retirement hike lawmakers gave to the state police superintendent, ending a political firestorm over a pension boost passed without public scrutiny on the last day of the legislative session.
The House has passed a bill to increase oversight of veterans' hospitals under construction, following a report that some medical centers take three years longer to complete than estimated and cost an extra $366 million per project.
An obvious follow-up question for any Republican politician who accuses Democrats of being science deniers is one about science, to which Jindal bobbed and weaved like a welterweight champ.
The Lafayette City-Parish Council is expected to decide tonight (Tuesday) whether to go along with a proposal City-Parish President Joey Durel made in February’s State of the Parish Address and consolidate taxes for mosquito control and the parish health units into a broader tax program that would also cover animal control.
U.S. District Judge Richard Haik has dismissed Greg Davis’ lawsuit against the LPSB, yet in his ruling, the federal judge doesn’t bite his tongue in pointing out the "threat" being posed by certain board members.
Of all the political offices being contested throughout Lafayette Parish, the race for Broussard’s top police post has literally become one of the most heated.
A state district judge is deciding whether to issue an injunction against the enforcement of a last-minute retirement hike that lawmakers gave to the state police superintendent.
A new website is up for Louisiana's state government employees and retirees to choose their health insurance plans for next year, a choice they must make by October.
That fact that New Orleans led both games in the final 10 seconds of regulation, and lost each by a field goal or less, is of little solace.