The wife of a man who admitted his role in a bribery scheme has disputed the FBI's version of her statements - and took the Fifth and declined to testify.
The bribery trial of longtime prosecutor Gary Haynes is expected to wrap up this week. Haynes was indicted last fall, accused of conspiracy, bribery and obstruction charges. To read the indictment, scroll down. He's accused of using his position over the 15th Judicial District Attorney's Pretrial Diversion program to solicit bribes from companies that provided required programs to people who participated in the program.
Before testimony began on Wednesday, the lawyers argued over the testimony of Michelle Franques, wife of Leonard Franques, a Scott businessman who already has pleaded guilty in the case.
Early Wednesday the defense filed a Motion asking the court to allow them to enter into evidence several documents about her statements to the FBI. To read the Motion and all the attachments, scroll down.
The defense attached a copy of the report that the FBI drafted after talking to her, as well as a letter she wrote herself after she became frustrated with her attempts to have it corrected. In that letter, which she sent directly to an Assistant U.S. Attorney, she alleges that the FBI would not accept some of her answers to their questions, and attributed statements to her that she did not make and were not true.
"I said many, many, many times that I DID NOT KNOW what the checks that Haynes wrote to F4 were for. The FBI would not take that as any answer. They kept asking over and over again about Haynes. The FBI were the ones that said it was to "reimburse L. Franques for part of the cost to create the CBT class content for a pending Lafayette City Court contract". I said D. Guidry was the one who brought the checks, not Haynes. The pending Lafayette City Court contract was being handled by Greg Logan, not Haynes. I said Leonard and I met with Greg Logan to get that contract. The FBI did not write that," Franques wrote about one paragraph in her statement.
In another instance, she said that the FBI added Haynes' name to a statement she made about Dusty Guidry, who has been portrayed as the lynchpin of the scheme.
"I NEVER said "could be split by Haynes." I only said D. Guidry was paid his commissions. The FBI added Haynes. I said I had NEVER talked to Haynes about that ever. I NEVER said that D. Guidry and Haynes were to split the CBT profits. I have no knowledge of any arrangement between D. Guidry and Haynes. I NEVER said Haynes payments are being held until an official contract is signed. I NEVER said this. The FBI added this. I have no knowledge of any contract with Haynes. The FBI said "M. Franques is unsure of how Haynes will be paid as there have been no details provided to her". The FBI put this statement because I said I had no knowledge of any agreement or payments to Haynes. The FBI was pressing me hard on Haynes. The FBI kept saying that if I knew anything about Haynes that I needed to tell the. I kept saying repeatedly I do not know anything about Haynes.
She also stated that she never dealt with Haynes when she had contact with the pretrial program, but the FBI wrote that she did.
"I NEVER said, "A recent meeting D. Guidry had regarding the CBT classes was to confirm that Haynes would ensure business would be given to the Franques. D. Guidry is Haynes 'front man' and Haynes does what D. Guidry wants" what I said was that D. Guidry had a meeting at the 15th !DC and told me that Don Landry put Haynes in charge of the PTI program. Don Landry is one who approved my classes to be used for the PTI program. I told the FBI I do not deal with Haynes. I usually deal with the ladies in the office such as Zoila Perez. The FBI did not write down anything I said about that," Franques wrote.
Defense attorney Adam Johnson argued that the jury should be able to see the letter, because it supports the defense theory of the case.
"It wasn't an objective investigation. The FBI was steering this investigation toward Gary Haynes," Johnson said.
Because Franques had been advised by her attorney to refuse to testify by invoking her Fifth Amendment rights against self-incrimination, the defense needs the letter, Johnson argued. Two other witnesses also have taken the Fifth, he added.
"Our hands are being tied and there has to be a happy medium," Johnson argued.
Assistant U.S. Attorney Steven Loew said that, in order for the introduction of the statement to be proper, it has to be "reliable and trustworthy," and Franques' statements are not. He listed several discrepancies among Franques' statements and corrections in support of his argument.
In the end, U.S. District Judge David C. Joseph said that he was denying the motion, but he would allow the defense to question FBI agents about the discrepancies and the issue of "steering" the investigation.
After testimony resumed, jurors heard from a south Louisiana district attorney about how Guidry helped him set up his pretrial diversion program, and then they heard from Guidry again.
Guidry testified about several defendants that he hadn't wanted in the program - a man who had multiple DWIs, a woman who was already in a drug court program when she got busted again, a dentist accused of sexually assaulting a patient - because he considered them to be high risk.
Guidry acknowledged he didn't want those stories to get out, because it would cost him money.
"It could shut down the program completely," he said.
However, in most of those cases District Attorney Don Landry told him to put the people in the program, Guidry said.
But under cross-examination, Guidry also testified that he had a verbal agreement with Haynes to split his kick-backs, and that he had actively discussed ways to get Haynes "paid off."
Testimony is to resume this afternoon; defense attorney Todd Clemons said he expects to finish today.
Here's the Motion about Michelle Franques:
The trial started last week. To read about that, click here.
Assistant U.S. Attorney Luke Walker is prosecuting the case, and Lake Charles attorney and former federal prosecutor Todd Clemons is defending Haynes.
If convicted on all six charges, Haynes faces a maximum sentence of 60 years in prison and fines of up to $1.5 million or more; the conspiracy to launder money allows a fine twice the value of any money he's convicted of trying to launder.
KATC Investigates has been covering this case for several years; here's some background on this case:
The indictment alleges that Haynes, 66, of Lafayette, conspired with Dusty Guidry, Leonard Franques, and others to solicit bribes and kickbacks and to accept things of value while Haynes was an Assistant District Attorney in the 15th Judicial District Attorney’s Office.
Guidry and Franques already have pleaded guilty, along with a business owner, Joseph Prejean. Franques pleaded guilty on January 12, 2024, to one count of conspiracy to commit bribery concerning programs receiving federal funds. Guidry pleaded guilty on March 23, 2023, to two counts of conspiracy to commit bribery concerning programs receiving federal funds and one count of bribery concerning programs receiving federal funds. Prejean pleaded guilty in December 2023 to conspiracy to commit bribery of a public official in the Lafayette Parish District Attorney's Office. All three men are scheduled to be sentenced next month; Guidry has testified but Franques and Prejean have not.
According to the indictment, Haynes oversaw the D.A.’s Office’s Pretrial Intervention (PTI) program–a program that offered an alternative to criminal prosecution for certain criminal offenders. Haynes approved defendants to participate in the program and then directed them to take classes from Franques’ companies.
Haynes is charged with conspiracy to commit bribery concerning programs receiving federal funds, bribery concerning programs receiving federal funds, two counts of using his cell phone in aid of bribery, conspiracy to commit money laundering, and obstruction of justice.
After his indictment, we reached out to Clemons, who sent us the following statement:
"Gary is relieved that he can finally commence the process of clearing his good name. Gary is a good and hardworking man. He served the citizens of Lafayette Parish with distinction for many years. He has lived under the cloud, and the enormous stress, of overtly being investigated by our federal government for well over two years.
"The prosecutors authored an Indictment that tells a false story. A falsehood created by weak and less than honorable men pressured into cooperating with the Department of Justice. Gary Joseph Haynes is an honorable man of integrity. He will stand tall and fight these false allegations until he is exonerated by twelve of his peers."
Here's a copy of the indictment against Haynes:
To read more background from KATC Investigates, click here and here.
