Since July of 1992, Donaldsonville Fire Chief Kirk Landry was on a mission to convert a less than professional fire department into one of the best departments in the state of Louisiana for the size city they served, according to a LSU Fire Academy authority. He spent years training his fire fighters and helping fire chiefs throughout Louisiana and parts of Texas with specialized training. Chief Landry often attended national training programs and returned home to share his training with his department and neighboring departments that couldn't afford to go. “Helping other fire fighters is just what you do” said Landry. Chief Landry was also called to teach fire classes at the local chemical plants and refineries in the Donaldsonville area due to his vast knowledge and experience. Professional differences with two firemen, Mike Sullivan and James McDonald, put Chief Landry in the middle of a personal vendetta over power, unaccounted funds by Sullivan and a vow by McDonald and Sullivan to ”Get the chief if it's the last thing I do”. At one point, Sullivan even had to be removed from the fire station and Landry was forced to put a restraining order on him. In a retaliatory gesture, Donaldsonville fire department records were stolen from the fire station by disgruntled firemen McDonald and Sullivan and delivered to the State Police Insurance Fraud Unit alleging that Chief Landry had illegally changed fire reports. The normal chain of command would have been to present any evidence to the fire rating association, Property Insurance Association of Louisiana (PIAL) for review and adjustment, then to the Mayor or the City Council, and then to the Sheriff's Department if it was deemed that illegal activities had occurred.
How much is your career worth to you? PIAL is an association that rates fire departments to determine their readiness and provide risk assessment to the insurance companies through their ratings. The insurance companies set their premium prices based on this rating. On a scale of 1 to 10, the lower the number, the better the rating. PIAL receives a percentage of the insurance premiums collected for their services. The higher the rating number that a department receives, the higher the premiums that the citizens pay and the more money PIAL makes. PIAL does not make its rules and assessment regulations available to fire departments. Therefore, a fire department must guess what the PIAL inspector deems important. When Fire Chief Paul Gilmore asked a high ranking official from PIAL why they kept the regulations secret, he answered “If we told the fire departments what our regulations were, they would cheat and get better ratings”. So the rating is pretty much at the whim of the inspector. It’s nearly impossible for a fire department to protest a poor rating. “How can you protest a rating when you don’t know how you got it?” questions Gilmore. This has allowed for the emergence of a consultant industry that cities need to hire to help the fire department navigate the PIAL maze. It also creates a culture of unaccountability and “special” treatment expectations by the inspectors. It is widely discussed in fire department circles which inspector should be taken to strip clubs, which ones to take on fishing trips and who likes the really nice steak houses. But when the questions are “for the record”, all conversation ceases. Fire chiefs can’t afford to fall out of grace with the inspectors who control their ratings and by proxy, their jobs. So the game continues. Money needed for equipment and firemen salaries are used to pay for consultants and “business” expenses related to PIAL inspections.
Let no good deed go unpunished. So the city of Donaldsonville hires a consultant for the complicated process of preparing for the rating assessment. The consultant’s name is Tom Cassisa. He had been an inspector for PIAL for years before leaving to start his own consultant firm. He also has a lot of enemies in PIAL because he calls PIAL to task and exposes the culture of abuse and favoritism. He has become an irritant to PIAL. Cassisa advises Chief Landry to correct fire reports, according to PIAL’s regulations, to include fire trucks that were dispatched to a fire, but cancelled before they arrived due to the fire being put out by the first response team. Chief Landry does this. In the process, he makes two clerical mistakes on the reports. The amount of credit that the corrected reports earn doesn’t change the ratings for the City of Donaldsonville Fire Department, but it becomes fodder for McDonald, Sullivan and the State Police to use against Landry.
If you get a fish in a barrel, shoot it! The State Police Insurance Fraud Unit, which has a reputation for seeking publicity as a normal part of its official capacity, couldn’t resist the opportunity to make headlines by arresting a fire chief, no matter how questionable the evidence. This is the same unit that has a camera crew follow them to arrest an insurance agent for fraud, but waits until the insurance agent is approaching the Mississippi River bridge to make a throw-down street arrest, giving the appearance that the insurance agent was making a getaway. Great for TV and the “Have your people get in touch with our people” attitude. During the “investigation” of Chief Landry, the State Police Unit terminated their interview with the then assistant chief, Chuck Montero, in less than 5 minutes once it was determined that Montero’s version was different from what they wanted to hear. The lead investigator later admitted in court that, aside from the assistant fire chief, they didn’t interview the consultant that the city had hired to assist in the fire chief during the rating process, any of the fire captains from the department or basically anyone else who might have shed light on the farce. The investigator did, however, interview a representative from PIAL who agreed that they should pursue the case as a felony fraud, even though this was against PIAL’s own regulations for such a minor discrepancy. Here was an opportunity to punish Cassisa and if Chief Landry was in the way, it was just collateral damage. When presented with fire reports during the trial, the State Police Insurance Fraud Unit investigator admitted that he didn’t understand how the fire departments administration operated and what was required on the fire reports. This was obvious when the investigator was asked why he didn’t bother to question how several fire reports that he had as part of the investigation reported that three fireman had driven four fire trucks to a fire. Perhaps it was a clerical mistake, just like the one that Chief Landry made on the reports and was now facing felony prosecution for.
Ignore the man behind the curtain! The statute Chief Landry was charged with is as follows: 1) Fraudulent insurance act shall include but not be limited to acts or omissions committed by any person who, knowingly and with intent to defraud: A) Presents, causes to be presented, or prepared with knowledge or belief that it will be presented by an insurer, reinsurer, purported nurturer or reinsurer, broker, or any agent thereof, of any oral or written statement which he knows to contain materially false information…” According to the statute, Chief Landry could be charged with felony insurance fraud if he had not made changes to the reports that he was on trail for as this would have been an omission. At the trial, defense attorney Karl Koch who, by his own words, admitted in court that he was unable to prepare for Chief Landry’s defense because Landry broke no laws, was true to his word. He came in almost completely unprepared. It was the research from Fire Chief Paul Gilmore who finally made Koch understand, after a year and a half of delays and recusals, that Landry was, indeed, innocent. In all, it took over four years for Chief Landry to have his right to a speedy trial. The core of the prosecutors case were two reports corrected by Chief Landry. Each report listed one fire fighter being present when he was out of town and one being listed while on maternity leave. This was due to an error made by Chief Landry when he was correcting the reports almost a year later and used a drop down window in the report software that listed everyone assigned to the units that were dispatched. Again, the normal procedure is for PIAL to make a phone call and question the chief on the matter. The high light of Koch’s performance was when he asked representatives of PIAL if, according to the statute, they are an insurer, reinsurer, purported nurturer or reinsurer, broker or an agent. They responded that they are not. Case dismissed, right? (you can’t make this stuff up) The prosecutor, Stephen Street of the State Attorney General’s office objects, saying that a rating association and an insurance agent are the same thing, despite the fact that the Louisiana Legislature has determined that PIAL is only a regulatory agency. Judge Ralph Tureau accepts Streets logic and the kangaroo court is in session. Street, who has a “win at all cost” and “let justice be damned” strategy, subpoenas Dwayne Gibson, a fire captain under Landry at the time of the report changes, so that the defense couldn’t call him first. Street knows that Gibson’s testimony will hurt his case. Street’s hack man, attorney Tom McCormick, calls Gibson the night before he was to testify to announce that the defense was going to make a fool of him on the stand. Gibson believes McCormick and goes into court in a defensive posture. McCormick interrogates Gibson and after three question, has Gibson declared a hostile witness. “When the prosecution succeeded in declaring Gibson a hostile witness, the jury just saw an angry black man on the stand with no credibility, not the outstanding fireman that he is” points out Chief Paul Gilmore. Attorney Tom McCormick, representing the people of Louisiana, has just successfully executed a street level sucker punch to discredit a valuable witness for the defense in its never ending search for truth and justice. The second element to the prosecutor’s hide-the-truth shell game is the water shuttle exercise. To improve response capabilities in rural areas, a water shuttle system was implemented by Chief Landry. Water is driven out to the fire scene in a tank truck to compensate for not having enough fire hydrants. Street claimed that since there were two clerical errors in the city report, there must be mistakes in the reports for the outlying region. He attacked the two water shuttle exercises that were witnessed by the PIAL inspector as being false or made up. Apparently Mr. Koch didn’t see the importance of pointing out that not only was the inspector there, but they repeated the exercise twice on two different days with the exact same result. And the inspector was there for both exercises! The importance of this event is the fact that without the water shuttle credit, the outlying areas rating’s change, giving ammunition to the premise that there was fraud against the insurance companies to lower rates. As the trial comes to a close, defense attorney Koch displays to the jury the statute that Chief Landry is charged with to the objection of prosecutor Street. The prosecution objects to the defense showing the jury the law? The Judge sustains the prosecution’s objection, but allows the defense to continue.?! (It gets better) At the close of the trial, Judge Tureau reads the wrong statute! The defense objects and informs the Judge that he is reading the wrong statute and confusing the jury. Guess what, he continues reading the wrong statute! The jury retires to decide Chief Landry’s fate. The jury soon requests a copy of the law that Chief Landry is accused of breaking. The Judge refuses to send a copy in and has the jury brought back into court so that he can read it again. The defense objects and the Judge proclaims that he will give the jury what they need. After three announcements by the jury that they were hung, the Judge sends them back in with a threat to keep them there until they return a verdict.
We can do better than this. Chief Kirk Landry was convicted of felony fraud. The trial has bankrupted Kirk and his father. It has sent a shockwave of fear through the ranks of fire chiefs throughout the state of Louisiana and has empowered PIAL with the sense that they are untouchable. Kirk’s appeal brief is due by January 30, 2008. Kirk can’t afford to go on. The local TV stations, radio stations, newspapers or magazines are all afraid to touch this story. Kirk needs the kind of help that he has selflessly given to everyone who has crossed his path in all of his years as a first responder fire fighter. What can you do?
UPDATE: Prosecutor Steven Street has just been appointed Inspector General for the State of Louisiana. It is good to see that some one benefited from Chief Landry's persecution.
You can contact Will LeBlanc at CB Relations, P.O. Box 90267 Houston, Texas 77290 Phone 281/893-3838 Fax 281/651-0664 will@cbrelations.com www.cbrelations.com