FROM THE FOURTEENTH JUDICIAL DISTRICT COURT PARISH OF
CALCASIEU, NO. 27944 HONORABLE W. MITCHELL REDD, DISTRICT
Annette Fuller Roach Louisiana Appellate Project COUNSEL FOR
F. DeRosier District Attorney Elizabeth B. Hollins Cynthia
Guillory Assistant District Attorneys Fourteenth Judicial
District COUNSEL FOR APPELLEE: State of Louisiana
composed of Marc T. Amy, John E. Conery, and Van H. Kyzar,
minor, D.J.S.,  appeals from his adjudication as
delinquent after having been found to have committed the
offense of telephone harassment, in violation of
La.R.S.14;285(A)(2). For the reasons set forth herein, we
OF THE RECORD
August 17, 2015, the State of Louisiana filed a petition
seeking to have the juvenile, D.J.S., ten years of age at the
time, declared a delinquent for having committed the offense
of telephone harassment, by making obscene or threatening
phone calls to the principal of the school he attended, prior
to his expulsion based on other behavior. The petition
specifically alleged that D.J.S.:
[V]iolated Louisiana Revised Statute 14:285.A. (1) (Telephone
Harassment) in that, on or about July 9, 2015, he did engage
in or institute at least eight (8) telephone calls to Joy
Fox, W/F, age 52, principal of R.W Vincent Elementary School,
1634 Beglis Parkway, Sulphur, Calcasieu Parish, Louisiana, by
using profane language in attempt to coerce, intimidate, or
harass the victim, without the victim's consent.
his attorney, D.J.S. entered a denial of the charge, and a
hearing on the petition was originally set for September 18,
2015. The hearing was continued and reset on multiple
occasions primarily because of the non-appearance of D.J.S.
and his parent, but also on three occasions on motion of the
state. An adjudication hearing was finally held on May 26,
the adjudication hearing, Ms. Fox testified that D.J.S.
attended her school for two years. She stated that she
received a telephone call on May 15, 2015, at 10:04 a.m.,
during which the caller asked, "When is the talent
show?" Ms. Fox testified that she recognized the voice
as that of D.J.S., and when she looked at the number on the
caller ID, she recognized the number as that of his mother,
Stacy Bigalow. Ms. Fox said that after she responded that
they were not having a talent show, she asked that the caller
identify himself. She stated that the caller's response
was, "This is your death threat, bitch." Ms. Fox
hung up the phone and contacted the school system's risk
management office, who in turn contacted the Calcasieu Parish
testified that she recognized DJ.S.'s voice because she
had dealt with him several times a week for an extended
period of time, either for disciplinary issues and in general
conversation, and she recognized the phone number due to her
extensive contact with DJ.S.'s mother. She stated that
the caller's phone number matched the phone number of
D.J.S.'s mother on the school's emergency contact
card. The card listed D.J.S.'s home number as
274-7823. Ms. Fox testified that the other phone
numbers listed on the card were 707-4830 (D.J.S.'s aunt),
377-7804 (Evette Sibley), and 707-2081 (Karen Thomas).
to Ms. Fox, D.J.S. had visited her office fourteen times, and
she had visited with him on other occasions outside the
school office as well. She testified that from October 8,
2014 through January 26, 2015, D.J.S. went to her office
every morning and afternoon and visited with either her or
the assistant principal. She said that these visits were
started in an effort to curtail the problems that the school
was having with D.J.S. When he was in the office for these
visits, Ms. Fox testified that she spoke with him
individually with no other students present. She stated that
after these visits ended in January 2015 (at his mother's
request), D.J.S. visited the office nine more times, ending
on April 16, 2015, which was his last day to attend the
school prior to his suspension pending a hearing. She stated
that there was no doubt in her mind that the call she
received was from D.J.S., although she admitted that she had
not previously heard his voice over the phone. She said that
she recognized his voice and knew the number. She stated that
the last time she had contact with D.J.S., prior to the call,
was at a hearing held on May 4, 2015, and the last time he
was present at school was April 16, 2015, as he did not
complete the school year.
Patrick Bordelon, of the Calcasieu Parish Sheriffs Office,
responded to the school that same day. Ms. Fox testified that
she informed Corporal Bordelon that she recognized the phone
number as D.J.S.'s mother's cell phone number, and
she provided him D.J.S.'s emergency contact information.
She said that she did not provide him with the other phone
numbers on the card. Ms. Fox testified that the only phone
number used by the school was (337) 217-4690.
Bordelon testified that after he arrived at the school the
principal advised him that she had been receiving harassing
phone calls, and she believed they were being made by a
student who was recently expelled. She told Corporal Bordelon
that she recognized D.J.S.'s voice. As Corporal Bordelon
was taking down information, he stated that the phone rang.
He said that Ms. Fox looked down, recognized the number, and
said, "That's him, again." Corporal Bordelon
testified that he answered the phone, announced who he was,
and asked for the name of the caller. He stated that there
was silence on the other end and then the caller hung up.
Corporal Bordelon recalled that "they" called back
two or three more times. Before he answered the phone, he stated
that he wrote down the phone number to include in his report.
Corporal Bordelon testified that Ms. Fox told him who was
calling, so he got the school's emergency contact card
and wrote down the juvenile's name, date of birth, and
contact information. He said that he noticed that the phone
number he wrote down for one of the calls was listed on
D.J.S.'s emergency contact card.
Bordelon identified the numbers on the emergency contact card
as 274-7832,  707-4830, 377-7804, and 707-2081. When
shown his offense report, he stated that the numbers listed
in his report were 244-3622 and 563-6530 and that these
numbers were either from the caller ID and/or D.J.S.'s
emergency contact card. When shown the emergency contact card
in court, Corporal Bordelon acknowledged that the two numbers
in his report differed from those on the card, and he
affirmed that possibly six numbers were associated with this
Phenice, the assistant principal at R.W. Vincent Elementary
School, testified that her contact with D.J.S. was mostly for
disciplinary reasons, which she summarized during her
testimony. She said that during the time that D.J.S. was
checking in with her on a daily basis, he also came into
contact with Ms. Fox because their offices were directly
across the hall from each other. Ms. Phenice testified that
after the daily check-ins stopped at the request of
D.J.S.'s mother, his behavior continued to escalate, so
both she and Ms. Fox "put him up for expulsion."
Kim Broussard, a hearing officer and a supervisor with the
child welfare and attendance office for the Calcasieu Parish
School Board, testified that she received a request for the
expulsion of D.J.S. from R.W. Vincent Elementary School on
April 17, 2015. She stated that although an expulsion hearing
was held, she was forced to end the hearing due to the
behavior of D.J.S.'s mother. She said that the matter was
turned over to another hearing officer, who held a second
hearing on May 4, 2015. Ms. Broussard testified that the
second hearing officer noted that Ms. Bigalow was extremely
rude and disrespectful, that she accused Ms. Fox and Ms.
Phenice of mishandling D.J.S., and that she called Ms.
Phenice an "F-B." Ms. Broussard testified that
following this hearing, a decision was made to place D.J.S.
in an alternative school starting May 5, 2015.
Conn, a juvenile investigator with the Public Defender's
Office, testified that she subpoenaed the May 15, 2015
records for the phone numbers listed in the offense report,
244-3622 and 563-6530, and also for 274-7823, Ms.
Bigalow's number. Introduced into evidence were the records
received from AT&T, the carrier for phone numbers (337)
274-7823 and (337) 244-3622.Attached to the records was a
verification of authenticity by a custodian of records for
AT&T. Ms. Conn learned that (337) 244-3622 was registered
to Mary Chapman, and she was not able to determine Ms.
Chapman's relationship to this matter. She testified that
she later learned that this phone number was "related
to" Ms. Bigalow's sister, Brandy Wilkens, who Ms.
Conn stated had nothing to do with this matter. Ms. Conn
testified that she inspected the voice usage phone log for
(337) 244-3622 and contacted AT&T to determine how to
interpret the records, as she was unable to interpret many of
the coding items on the records herself. She testified that
she was informed by an unnamed AT&T representative that
voice usage was reflected as an originating number (the
person sending the call) and a terminating number (the person
receiving the call.) Ms. Conn stated that her inspection of
the phone log revealed that there were no phone calls on May
15, 2015, from (337) 244-3622 to the school number, (337)
Conn testified that the first entry in the phone log was at
11:52, which was in Universal Time (UTC),  the time the
provider AT&T gave in the records. This had to be
translated to Central Time (CT), the applicable time zone in
this case. Again, Ms. Conn stated that the unnamed AT&T
employee informed her that she should use a website,
timetemp.com, to convert the time from UTC to CT.
She explained that she did this by typing in the date of the
offense and using the time converter button, which showed the
list of times for the entire day. She stated that the first
phone call that the records picked up for that day was at
11:52, which was 6:52 a.m. CT, and there were no calls on May
15, 2015, from (337) 244-3622 to the school number. Ms. Conn
testified that (337) 244-3622 was active with AT&T on May
15, 2015, and according to her, it could not be active with
another cell phone provider at the same time.
Conn testified she also reviewed the subscriber information
from AT&T for (337) 274-7823 and learned that the phone
was active on May 15, 2015 and was registered to Ms. Bigalow.
Using the time converter, she learned that the first phone
call shown on the records from Ms. Bigalow's phone was
made at 5:53 UTC, which was 12:53 a.m. CT, but there was no
log of any calls made to the school number.
Conn testified she also subpoenaed records from Sprint. She
said that she learned that (337) 563-6530 was registered to
Devon Martin, but she was not able to identify his
relationship to this matter. She also inspected the phone log
for (337) 563-6530 and learned that "[t]hat number was
not active at that time of May 15, 2015."
Conn testified that her review of the records showed that
none of the numbers she subpoenaed records for showed calls
made to the school. She reiterated that (337) 244-3622 came
from the offense report, and it was her understanding that it
was one of the numbers that showed up on the caller ID. She
testified she got (337) 274-7823 from the offense report
"from the school information sheet." Ms. Conn
testified that the provider records were certified as being
authentic, and she had no reason to think that they were not
Conn testified that according to her investigation, only one
provider could provide service for a phone number at any
given time. The prosecutor showed Ms. Conn a print-out from
the internet showing that 274-7823 listed Sprint Spectrum as
the provider. The print-out showed that the phone number was
assigned on June 28, 2001, but it did not
specifically show who the carrier was on May 15, 2015. The
AT&T records showed that AT&T was providing service
for this number on May 15, 2015.
Conn explained on cross-examination that records from May 14,
2015 were not given by the phone companies, but they did
include records from May 16, 2015, ...