193 So. 3d 297
La. Ct. App.2016Background
- Two cousins, Lionel Serigne Jr. and William Serigne Sr., were indicted and tried after victims (D.A., her niece B.M., and daughter M.S.) reported decades-old sexual abuse; trials were bench trials and resulted in convictions (Lionel: aggravated rape; William: forcible rape, sexual battery, aggravated incest).
- Initial separate 2010 indictments did not allege joint participation; after a denied consolidation the State convened a second grand jury (2012) and returned a joint indictment charging the brothers with jointly raping D.A. across overlapping dates.
- At trial D.A. testified the cousins did not jointly participate in the acts of intercourse; defense repeatedly moved to sever and requested review of grand jury testimony; those motions were denied.
- After conviction the appellate court obtained (under seal) D.A.’s 2010 and 2012 grand jury transcripts, which showed inconsistent pretrial testimony (2010 grand jury testimony did not implicate William in intercourse and contradicted trial assertions).
- The court identified three dispositive legal defects: (1) Lionel’s indictment timeframe included dates when aggravated rape was classified as a capital offense, so he could not validly waive a jury; (2) the brothers were improperly tried jointly because joint participation was unsupported by the evidence and grand jury record; and (3) the State failed to disclose material grand jury testimony (Brady/Giglio issues).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Lionel could validly waive a jury given indictment timeframe including pre-9/9/1977 dates | State: hybrid treatment allows choice to prosecute as non-capital; waiver permissible | Lionel: indictment alleges capital-period conduct so waiver of jury unlawful | Held: Waiver invalid as error patent — aggravated rape allegations beginning Jan 1, 1976 fell within capital classification; bench verdict void; Lionel entitled to new trial |
| Sufficiency of evidence for William’s convictions (forcible rape, sexual battery, aggravated incest) | State: trial evidence (victim testimony, timeline, photos) sufficient to convict | William: testimony inconsistent; insufficiency and prejudice from joinder | Held: Court declined to review sufficiency as to Lionel (structural error). For William, viewing evidence in light most favorable to prosecution, convictions for forcible rape, sexual battery and aggravated incest were supported; nevertheless new trial ordered for other procedural reasons |
| Misjoinder / joint trial and severance motions (were defendants properly tried together?) | State: defendants may be charged together if part of same series of acts; grand jury supported joint-counts | Defendants: grand jury and trial testimony showed no joint participation; severance required; prejudice to defense | Held: Joined prosecution was prejudicial and improper — grand jury evidence did not support joint participation; denial of severance and joint trial warranted new trials (separate) |
| Brady/Giglio — nondisclosure of grand jury testimony and impeachment material | Defendants: 2010 grand jury testimony contradicted trial testimony, was exculpatory/impeaching and suppressed | State: no bad faith; issues for factfinder; evidence not shown to be material at trial | Held: Nondisclosure of D.A.’s 2010 grand jury testimony was material and prejudicial; prosecutor had duty to disclose; nondisclosure contributed to prejudice and supports reversal and new trials |
Key Cases Cited
- State v. Holmes, 269 So.2d 207 (La. 1972) (capital-classification rule: crimes classified as capital at time of alleged offense require capital procedural safeguards)
- Furman v. Georgia, 408 U.S. 238 (U.S. 1972) (death-penalty invalidation context that prompted Louisiana jurisprudential responses)
- State v. McZeal, 352 So.2d 592 (La. 1977) (application of capital procedural safeguards to aggravated rape predating statutory changes)
- State v. Goodley, 423 So.2d 648 (La. 1982) (unlawful verdicts in non-waivable capital circumstances are invalid)
- State v. Rich, 368 So.2d 1083 (La. 1979) (reversible patent error where capital-case unanimity requirement not followed)
- Sullivan v. Louisiana, 508 U.S. 275 (U.S. 1993) (structural error doctrine: deprivation of jury trial is structural error)
- Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (prosecutor must disclose material exculpatory evidence)
- Giglio v. United States, 405 U.S. 150 (U.S. 1972) (Brady extends to impeachment evidence that affects witness credibility)
- Kennedy v. Louisiana, 554 U.S. 407 (U.S. 2008) (Eighth Amendment prohibits death penalty for child rape where victim did not die)