Brandon Scott Lavergne - Guilty Plea and LWOP

[reedus23]

Yes, I agree with your ping theory,......its just that he would have passed 'in the vicinity' of numerous cane fields between USL and his home. As for the increased risks, I doubt that someone under attack, who thinks he is facing critical, fatal injury uses logic to assess risks.

None of us know, only BSL knows for sure. Just like the negotiated plea agreement. I think DA merely transcribed what BSL told them - he may have let them include that quoted sentence because he was described as bigger and stronger. But, by all means, he was holding the winning hand, the body and DA just wanted MS and they wanted BSL put away for good. IMO, they didn't squabble much about the wording..

I agree, those kind of injuries can make someone panic and not use logic. If he thought it was shoot or die, then he'd shoot. If he thought there was any other way out of the situation without shooting at that time, I think he takes it. It seems to me that psychopaths like BSL are very good at self preservation. They may not be able to control their initial impulses but they can see and take those actions that best lead to their own self preservation.

Regarding the plea agreement, if it's any help, I can guarantee you that the DA didn't simply transcribe what BSL said. It's just not done that way. The DA is going to write it himself, filling in the details based on the evidence, not only with what BSL said but all their other evidence as well. I would venture a guess that 95% of the words used were the DA's words. Now he may have in part based what he wrote on BSL's confession like I said above. Hope that might help a bit.

 

[Ixchel13]

IMO most of the fighting and the killing was in the cane field. I think Foxfire alluded to BSL possibly diverting them away from other victims in that vicinity. Cane to you guys is like corn to us.I know you cut it, but then how are the fields replanted? Not to be an idiot but is it perennial or does the cane field have to be burnt after harvest?

 

[reedus23]

Let me clear it up. If he had dumped her in that cane field after she had stabbed him and he stabbed her, why wouldn't they had run DNA for evidence and why wouldn't his DNA been on her? They did do some DNA testing on her after she was found.

First, she wasn't dumped in a cane field. His DNA may very well have been on her. Second, I think we can all agree that Mickey was not found until BSL led LE to her. Third, BSL did not lead LE to Mickey until after a plea arrangement had been reached. Therefore, at the time Mickey was recovered along with any DNA on her, BSL was already doing life without parole. I'm not sure I understand why an additional DNA test that is expensive and can take quite a while to get results back(and in this case probably a year because it would be put on a back burner because it is no longer an active case) would be done on a case that is already closed. Her DNA had to be done to confirm it was her. How many other specimens would have to be pored over and sent for testing to determine if just one of them belonged to BSL? That seems like a lot of time, effort and money on someone who would already be in Angola for life by the time the results come back. JMHO

 

[Foxfire]

FYI-

http://www.katc.com/news/la-death-row-inmate-cleared-by-dna/


La. death row inmate cleared by DNA
Posted: Sep 28, 2012


NEW ORLEANS (AP) - A 38-year-old man wrongly convicted of raping and killing his 14-year-old step-cousin in 1997 was released Friday from Louisiana's death row after his confession was determined to be false and DNA tests found him to be innocent

"There can be no stronger argument against capital punishment than the condemnation of a truly innocent man," said LeBoeuf. "Louisiana citizens should demand a moratorium on executions until they can be assured that there are no more miscarriages of justice like the one that occurred in this case."

Since 2000, six people have been exonerated from Louisiana's death row, the Innocence Project said. Scheck said Thibodeaux was the 18th death row inmate in the United States to be exonerated by DNA.

(snipped-read more)

The reason I posted this article is that it raises many questions..

Since BSL, received LWOP for Mickey Shunick & Lisa Pate's murders, some may say that this article is irrelevant. Of the 18 death row inmates that were
exonerated in the entire US since 2000. Six were from Louisiana alone(33%).

How many of the prior innocent murdered women in Louisiana's cases were attributed to suspects that received Life or LWOP, or the victim's cases closed, but were in error.
How can we accurately sleuth possible unknown victims of BS Lavergne, now that these past errors are revealed?

Was BSL's DNA inadvertently omitted from FBI CODIS when convicted for aggravated rape in 2000. Were there hits in other solved and unsolved cases when BS Lavergne's DNA was re/entered during the Shunick investigation? Is this one of the reasons why the Judge sealed/silenced the investigative files?


bumped from thread #37 Websleuths http://www.websleuths.com/forums/archive/index.php/t-179001-p-6.html

Allusonz
07-19-2012, 01:45 AM
Lisa's remains were only bones when found, so not sure they could get his DNA from her.

Also, since he was in prison for a sex crime and is an RSO, I would think his DNA would be on file. But my feeling is that they found something of Lisa's in his home. JMO

There have been many advances in technology and the ability to detect forensics and this field continues to explode with respect to the techniques used to not only analyze what is collected but with respect to the collection methods.

Forensics such as DNA can come from other items such as clothing, tape, rope et al which although degraded as time passes does not necessarily mean it is not there.

Techniques used in the 90's cannot be compared to the techiniques used today both in collection and analysis. It would not surprise me to find that whatever had been previously collected was sent to labs that utilize these more advanced techniques to be retested.

I as well do not believe that it was simply ID's that were found. It is very possible that pictures were indeed found. There are many possibilities here.

 

[Ixchel13]

Use a tractor or grader to dig a wide trench around the sugar cane field. This trench will serve as a fire breaker. You may need to make numerous trips around the field with the equipment in order to create a large enough trench. The size of the trench you need depends on the size of the sugar cane field you are preparing to burn. You want to make sure you have a large enough firebreak to prevent the fire from getting out of control.

Read more: How to Harvest Sugar Cane | eHow.com http://www.ehow.com/how_5531572_harvest-sugar-cane.html#ixzz27p2VfQxH

did easy research and found this. So setting fires is a big part of cane farming/BSL was a pyro.

 

[chicken fried]

Hello, you guys, I can't believe it's been a month since I pulled up Websleuths.
After Hurricane Isaac I finally maxed out I guess with physical and emotional exhaustion & just shut down. There were a lot of things I let go during the Summer of Mickey and so I guess the month of September was a month for me to just mentally & emotionally check out. I didn't intentionally do it, but it happened anyway. Have been having a lot of trouble sleeping and just an overall unwell feeling that I suspect has something to do with how greatly the turmoil surrounding Mickey's loss has affected me, and others I am sure.

I am trying to bring myself to go to the memorial tomorrow. I really feel so burned out that the thought of it makes me weary, and I find myself ashamed. If I am feeling like this, how much more of an effort will it be for the Shunicks to see so many people to whom they feel indebted, when they surely are sunk in the depths now of not seeing their dear sister, daughter, niece, etc. for these four months already?

Of course it's also slated to be pouring rain. I also feel like I want to leave the Shunicks to their privacy. But then I remind myself that they have had awhile now to grieve more privately, and so we as a community now have one more chance to lift them up in prayer and commisery, to remind them that they are not alone in their grief.

I am still amazed at the outpouring of love, concern, effort, heart soul from our community, and from the Websleuths community. No one rested until Mickey came home - a profoundly sad, wrenching, and proud event that never could have happened, but for love....

 

[justwundering]

IMO most of the fighting and the killing was in the cane field. I think Foxfire alluded to BSL possibly diverting them away from other victims in that vicinity. Cane to you guys is like corn to us.I know you cut it, but then how are the fields replanted? Not to be an idiot but is it perennial or does the cane field have to be burnt after harvest?

Cane is perennial. Mature cane is harvested by cutting stalks a few inches above ground, leaving roots to regrow. However, cane must be replanted at regular intervals after rotation. In replanting, fields are chopped level, rows are formed and seed cane is planted in furrows in rows. New varieties of cane and new harvesting equipment has greatly reduced burning. The burning is done during the harvesting process, more to remove foliage to assist in processing than for planting. Farmers generally plant two plantings of cane - one for harvest and one for seed.....

 

[chicken fried]

I just now read the memorial schedule, y'all kindly posted. The "ghost bike" gives me the chills. I would like to try to ride, though I don't have a bike. Maybe I can borrow one somewhere. Reading all this is opening up everything again. Until just now, I have not realized the extent to which I have blotted this summer out of my mind. I feel like it's still mid-May, though the calendar says end of September. My stomach also hurts. I don't if anyone else is experiencing this: All day, since seeing the local free paper with the announcement of the memorial, I have been feeling ill. I can't believe I almost missed it. Yet the feelings I am having right now probably were there the whole month of September, but totally repressed. Probably explains why I have felt so ill all month, for no good reason.

Is anyone meeting up? I can't believe I'm asking so late.

 

[Foxfire]

I was afraid it may have been missed I was hoping Foxfire would have seen it. I just know it was an article in the media just a day or so after the plea. I just remember him saying that he went back over the files and he felt Lisa's case was stronger. This really bothered me as I felt they had a lot of evidence in Mickey's case and what would have happened if he hadn't confessed would they have been able to convict him. Just wish I could find the article. Just not that good at researching.

Jkg005, I prolly spent an hour searching for the article, couldn't find it but do remember reading something to that effect. Imo, due to the awareness created in Mickey Shunick's investigation, the inmates finally realized that they had the important missing shard of the broken crystal vase...in Lisa Pate's case..


http://theadvocate.com/home/3654827-125/lavergne-pleads-guilty-in-two
Lavergne Pleads Guilty in Shunick, Pate Murders

Stutes gave this account in court of the Pate killing:

Lavergne met Pate in Lafayette and later met up with her at a Lafayette hotel, where he persuaded her to go another area outside the city.

The two spent several days together before Pate told Lavergne that she no longer wished to remain with him and wanted to go back to Lafayette to see her children. Lavergne refused to return her to Lafayette and she lacked the money and resources to return on her own.

When Pate attempted to secretly take Lavergne’s keys and wallet to leave, Lavergne tackled and beat her.

Lavergne, who was later arrested and jailed for a separate sex offense, had narrated details of killing Pate to his fellow inmates, according to Stutes. Stutes said they were prepared to testify that Lavergne told them he had choked and killed Pate using a plastic bag over her head.

After killing Pate, Stutes said, Lavergne then moved her body behind the home of a former acquaintance in an attempt to place suspicion on the acquaintance and deflect any suspicion away from himself.

Pate’s body was found covered by wood on Sept. 21, 1999, in Acadia Parish. Lavergne had been a person of interest in that as early as 2000. Prosecutors brought Lavergne before a grand jury in 2008 but the grand jury declined to take action in the case.

He was not formally charged in Pate’s killing until last month, when a Lafayette Parish grand jury returned first-degree murder indictments against Lavergne in the deaths of Shunick and Pate.


Stutes said there are no other pending charges against Lavergne in Lafayette, but the prosecutor declined to speculate on whether Lavergne has been implicated in any crimes in other jurisdictions.

snipped - read more-

 

[justwundering]

The reason I posted this article is that it raises many questions..

Since BSL, received LWOP for Mickey Shunick & Lisa Pate's murders, some may say that this article is irrelevant. Of the 18 death row inmates that were
exonerated in the entire US since 2000. Six were from Louisiana alone(33%).

How many of the prior innocent murdered women in Louisiana's cases were attributed to suspects that received Life or LWOP, or the victim's cases closed, but were in error.
How can we accurately sleuth possible unknown victims of BS Lavergne, now that these past errors are revealed?

Was BSL's DNA inadvertently omitted from FBI CODIS when convicted for aggravated rape in 2000. Were there hits in other solved and unsolved cases when BS Lavergne's DNA was re/entered during the Shunick investigation? Is this one of the reasons why the Judge sealed/silenced the investigative files?


bumped from thread #37 Websleuths http://www.websleuths.com/forums/archive/index.php/t-179001-p-6.html

Unknown among this data set of exonerated inmates is when were they convicted. Many of the 80 or current La death row inmates were convicted and sentenced prior to the advent of modern DNA testing. Now DNA is commonly used as much as an exculpatory tool as one for determining guilt. As I recall, CODIS databanks became functional around 10 years ago, perhaps as early as 2000. (IMO, given the way Evangeline Ph handled BSLs sexual assault case and given the following, it is unlikely that BSLs sperm made the CODIS database). At that time, crime labs, particularly in La., had backlogs that took years to get samples processed. Private labs sprouted to help, but in many cases were cost prohibitive. Recently, within the past few years, the La State Lab has added significant staff to DNA research. Hopefully, in the future, with DNA now being a standard LE tool, we'll see few conviction errors. However, until those convicted pre-DNA are no longer incarcerated, that possibility will exist....

 

[Foxfire]

Hello, you guys, I can't believe it's been a month since I pulled up Websleuths.
After Hurricane Isaac I finally maxed out I guess with physical and emotional exhaustion & just shut down. There were a lot of things I let go during the Summer of Mickey and so I guess the month of September was a month for me to just mentally & emotionally check out. I didn't intentionally do it, but it happened anyway. Have been having a lot of trouble sleeping and just an overall unwell feeling that I suspect has something to do with how greatly the turmoil surrounding Mickey's loss has affected me, and others I am sure.

I am trying to bring myself to go to the memorial tomorrow. I really feel so burned out that the thought of it makes me weary, and I find myself ashamed. If I am feeling like this, how much more of an effort will it be for the Shunicks to see so many people to whom they feel indebted, when they surely are sunk in the depths now of not seeing their dear sister, daughter, niece, etc. for these four months already?

Of course it's also slated to be pouring rain. I also feel like I want to leave the Shunicks to their privacy. But then I remind myself that they have had awhile now to grieve more privately, and so we as a community now have one more chance to lift them up in prayer and commisery, to remind them that they are not alone in their grief.

I am still amazed at the outpouring of love, concern, effort, heart soul from our community, and from the Websleuths community. No one rested until Mickey came home - a profoundly sad, wrenching, and proud event that never could have happened, but for love....

Good to see ya Chicken Fried.. Guess, it is time to dwell on the positives, pay tribute, and continue Mickey Shunick's courageous fight by keeping her memory and contributions alive.

http://theadvocate.com/home/3654827-125/lavergne-pleads-guilty-in-two

After the hearing, the family expressed their pride in Mickey Shunick in a written statement:

“This true blithe spirit, who is smart, funny, outspoken, surprisingly thoughtful, loving and loved, a vibrant, gentle and radiant soul also possesses the heart of a lioness. I cannot express how proud I am of Mickey,” her mother, Nancy Anne Rowe, said in the statement.

“I will never call Mickey a victim. She refuses to be a victim. My courageous child faced down a monster. Now I think I can face monsters too. And so can you.”

 

[chicken fried]

Good to see ya Chicken Fried.. Guess, it is time to dwell on the positives, pay tribute, and continue Mickey Shunick's courageous fight by keeping her memory and contributions alive.

http://theadvocate.com/home/3654827-125/lavergne-pleads-guilty-in-two

After the hearing, the family expressed their pride in Mickey Shunick in a written statement:

“This true blithe spirit, who is smart, funny, outspoken, surprisingly thoughtful, loving and loved, a vibrant, gentle and radiant soul also possesses the heart of a lioness. I cannot express how proud I am of Mickey,” her mother, Nancy Anne Rowe, said in the statement.

“I will never call Mickey a victim. She refuses to be a victim. My courageous child faced down a monster. Now I think I can face monsters too. And so can you.”

Yes.... thanks for the reminder. Thanks also for continuing to post, and for being so tenacious for Mickey and others. I'm sure I speak for many.
I am sorry that it looks like massive thunderstorms and downpours for tomorrow - they may have to cancel the memorial - at least cut out the bands, etc., and maybe the bike ride, too. The weather looks bad.... God is crying for Mickey, too.

 

[Foxfire]

Yes.... thanks for the reminder. Thanks also for continuing to post, and for being so tenacious for Mickey and others. I'm sure I speak for many.
I am sorry that it looks like massive thunderstorms and downpours for tomorrow - they may have to cancel the memorial - at least cut out the bands, etc., and maybe the bike ride, too. The weather looks bad.... God is crying for Mickey, too.

Thanx for the kind words, chicken fried.. Once the thunderstorm subsides, the sun will shine through...

The Community Celebration in Honor of Mickey Shunick, is rain or shine, chicken fried.. a fiberglass umbrella will work just fine...
I would luv to be there, and will be there in spirit. The celebration will be a very spiritual experience for all of those that attend.


http://www.facebook.com/photo.php?f...8650.674216621&type=1&relevant_count=1&ref=nf

 

[Crimson clover]

Yes.... thanks for the reminder. Thanks also for continuing to post, and for being so tenacious for Mickey and others. I'm sure I speak for many.
I am sorry that it looks like massive thunderstorms and downpours for tomorrow - they may have to cancel the memorial - at least cut out the bands, etc., and maybe the bike ride, too. The weather looks bad.... God is crying for Mickey, too.

Ninety percent chance of rain tomorrow...bummer. Oh well, I'll try to see it and feel it as tears from heaven. Blissful tears showered upon a community's gathering of unified solidarity.

I'm puttin in an order for a rainbow! How sweet it would be!

 

[justwundering]

jkg005, in addition to Foxfire's post, The Independent reported the day after the plea agreement:

Though Lavergne was initially uncooperative with officials, Stutes says the "bombshell of a double indictment" likely weighed heavily on his decision to cooperate. "He hit the wall at some point", the prosecutor says. Stutes would not say what additional evidence the state had in the Pate case that helped secure an indictment this time around.

 

[Foxfire]

Foxfire
I personally want to thank you for all of your efforts, insight, knowledge and opinions. I can tell you truly care. I have no idea about you personally, except that you are exceptional, doing the work we all should be doing. I just hope I am saying enough here about your service. Thank you.

Thank you very much for the kind words, kkdj.. They are appreciated...I am honored to be a member of the Mickey Shunick thread and the websleuth's family...

 

[Foxfire]

jkg005, in addition to Foxfire's post, The Independent reported the day after the plea agreement:

Though Lavergne was initially uncooperative with officials, Stutes says the "bombshell of a double indictment" likely weighed heavily on his decision to cooperate. "He hit the wall at some point", the prosecutor says. Stutes would not say what additional evidence the state had in the Pate case that helped secure an indictment this time around.

Evidence details Shunick’s fight for her life
http://www.theind.com/news/indreporter/11202-evidence-details-shunicks-fight-for-her-life

Got your back, justwundering..

 

[Foxfire]

Ninety percent chance of rain tomorrow...bummer. Oh well, I'll try to see it and feel it as tears from heaven. Blissful tears showered upon a community's gathering of unified solidarity.

I'm puttin in an order for a rainbow! How sweet it would be!

Rainbow Roses Photo

http://www.facebook.com/photo.php?f...975418912.42790.180180158781727&type=1&ref=nf

 

[61Montcalm]

I have followed Mickey's thread from the beginning and have only posted once to say what a great job you have all been doing in sleuthing.

This is such a sad case. When Mickey was found I was literally balling my eyes out. I really don't remember any occasion when I've done this before and I am thinking of coming down there from Vancouver to pay my respects.

I hope that justice is served in this case.

RIP Mickey, nobody will forget you!

 

[gkidzla]

Hello, you guys, I can't believe it's been a month since I pulled up Websleuths.
After Hurricane Isaac I finally maxed out I guess with physical and emotional exhaustion & just shut down. There were a lot of things I let go during the Summer of Mickey and so I guess the month of September was a month for me to just mentally & emotionally check out. I didn't intentionally do it, but it happened anyway. Have been having a lot of trouble sleeping and just an overall unwell feeling that I suspect has something to do with how greatly the turmoil surrounding Mickey's loss has affected me, and others I am sure.

I am trying to bring myself to go to the memorial tomorrow. I really feel so burned out that the thought of it makes me weary, and I find myself ashamed. If I am feeling like this, how much more of an effort will it be for the Shunicks to see so many people to whom they feel indebted, when they surely are sunk in the depths now of not seeing their dear sister, daughter, niece, etc. for these four months already?

Of course it's also slated to be pouring rain. I also feel like I want to leave the Shunicks to their privacy. But then I remind myself that they have had awhile now to grieve more privately, and so we as a community now have one more chance to lift them up in prayer and commisery, to remind them that they are not alone in their grief.

I am still amazed at the outpouring of love, concern, effort, heart soul from our community, and from the Websleuths community. No one rested until Mickey came home - a profoundly sad, wrenching, and proud event that never could have happened, but for love....

OT, I'm afraid, but . . . Chicken Fried, I'm so happy to see you're semi-okay! All on Websleuths have been worried about the locals, the hurricane coming so closely after all the tragedy of the previous few months. I, like you and many others here, have been totally ding-dongy, cranky, & crying like a baby over this tragedy. Then all the emotions from Aug. 18, 2008 to April of 2009 came flooding back, the months my child was missing. I, as I know all did, wanted things to turn out so differently for Mickey. And I've had such a hard time accepting that they didn't. As a mother, I had my miracle, why didn't Nancy? It's truly been amazing to see the grace of the Shunicks. And yet, their pain will linger on forever.

I hope you get to feeling better, Chicken Fried, and that's truly from the heart. I feel I know you all and although tomorrow is to be a true celebration for a tiny little hero, I know you locals and others traveling there will celebrate her life in true "Mickey" style. Those of us who didn't get to meet Mickey in person have come to know her in our hearts. That's largely due to the lovely locals who shared her with us and yes, we came to love Mickey, the Shunicks and all of you down there.

My tears I have to admit, have flowed all summer and I just can't seem to get out of this dump, and my feelings can't even compare with those of Nancy and Toms' . . . I know this. But all of us here will in time heal, not ever forgetting the efforts of the family, community and our community on Websleuths to find everyone's child and bring her home. She's home now, not as we wanted, but she lives in everyone's heart. So celebrate tomorrow all of you, I'm taking the liberty of saying IMO everyone on WS's that couldn't be there are with you!

And if any of you see Nancy, Tom, Charlie or Zack if possible, give them a hug if inclined. Love and a hug never hurts anyone, especially now. And when the night draws near, you go to your homes, hug your loved ones, and yes, your animals too. Mickey would! Because you never know when you'll see them last.

Goodnight and good morning and all of you take care of yourselves and have a wonderful and joyful day! Then when it's over we can't forget the other Mothers looking for their children to come home, because every missing person is someone's child. Your help is invaluable to the missing of America.

I so apologize for being so maudlin this morning. My emotions have been all over the place and haven't been able to sleep.

________________
:angel::grouphug::angel: