TRAVERS: IT’S A ST. BERNARD PARISH STABLE, ROCKY AND CARLO’S.
A DINER DATING BACK DECADES THAT’S PROVIDED GREAT MEALS AND EVEN MORE MEMORIES FOR GENERATIONS.
>> IN THE 20 YEARS HE WORKED AT THE RESTAURANT, EVERY MORNING HIS CAR WAS IN THE DRIVEWAY.
RIGHT AWAY, I KNEW SOMETHING WAS WRONG.
TRAVERS: BUT MORE THAN 30 YEARS AGO, TRAGEDY STRUCK THIS FAMILY BUSINESS.
>> THEY MURDERED HIM, HE WAS VICIOUSLY MURDERED AND LEFT ON THE SIDE OF THE ROAD.
THIS IS BARBARIC, THIS IS INHUMANE.
TRAVERS: CO-OWNER MARIO GIOE SHOT AND KILLED EXECUTION STYLE, WITH HIS HANDS TIED BEHIND HIS BACK.
HIS BODY LEFT ON THE SIDE OF THE ROAD IN VIOLET.
CASH AND PERSONAL ITEMS STOLEN.
COPS FRAMED IT AS A ROBBERY GONE BAD.
>> THAT DESTROYED ME.
MY DAD WAS THE ANCHOR OF OUR FAMILY.
TRAVERS: THE MURDER HAPPENED IN JANUARY OF 1983.
>> SEEMS LIKE YESTERDAY.
TRAVERS: GIOE’S DAUGHTER, JOSIE DARDAR, REMEMBERS IT LIKE IT WAS YESTERDAY.
>> THERE IS NO ACT MORE INHUMANE THAN TO TAKE SOMEONE’S LIFE.
TRAVERS: THE DEATH DOMINATED LOCAL HEADLINES FOR DAYS, AND SENT POLICE SCRAMBLING FOR CRITICAL CLUES.
WEEKS AFTER THE KILLING, A MAN NAMED EARL SMITH WAS PICKED UP BY POLICE.
>> EARL SMITH WAS A CAREER CRIMINAL.
TRAVERS: HE WAS ALSO A MAN DOWN ON HIS LUCK AT TIMES WHO FREQUENTED ROCKY AND CARLO’S.
>> MY DAD WOULD GIVE THEM FOOD AND HE WOULDN’T CHARGE THEM.
HE WAS A KIND PERSON.
TRAVERS: THE MURDER WEAPON, A 357 REVOLVER WAS FOUND IN SMITH’S CAR.
>> HE WAS KIND, HE WAS KIND TO THE MAN WHO KILLED HIM, AND IN RETURN EARL SMITH SHOT TWO BULLETS INTO THE BACK OF HIS HEAD.
TRAVERS: OVER THE YEARS, THE CASE MOVED BACK AND FORTH IN THE SYESTEM.
AND DUE TO SEVERAL LEGAL TECHNICALITIES, HAVING CONVICTIONS OVERTURNED AND REVERSED THROUGHOUT THE 1980’S.
SMITH WAS FOUND GUILTY OF MURDER THREE SEPARATE TIMES.
THE LAST CONVICTION FINALLY STICKING.
>> THIS CONVICTED KILLER GOT 3 TRIALS TO BE A FREE MAN, NOT O -- ALL 3 JURIES THESE WERE 3 SEPARATE JURIES, 36 PEOPLE FOUND HIM GUILTY AS CHARGED.
TRAVERS: SMITH WAS SENTENCED TO LIFE AT ANGOLA AT HARD LABOR WITHOUT THE BENEFIT OF PROBATION OR PAROLE.
MEANING HE’D NEVER WALK FREE.
A JUST AND FAIR SENTENCE FOR THIS FAMILY, BUT THAT MAY NO LONGER BE THE CASE.
>> YOU ARE LED TO BELIEVE LIFE IN PRISON IS FOR THE REMAINDER OF THE PERPETRATORS LIFE.
TRAVERS: LATE LAST YEAR, RECORDS OBTAINED BY WDSU INVESTIGATES SHOW THAT EARL SMITH APPLIED FOR WHAT’S CALLED A MEDICAL TREATMENT FURLOUGH.
DUE TO HIPPA LAWS THE DEPARTMENT OF CORRECTIONS IS NOT RELEASING WHAT TYPE OF AILMENT SMITH IS SUFFERING FROM.
DOC GUIDELINES SAY THAT TO QUALIFY FOR THE FURLOUGH, AN INMATE MUST BE A LIMITED-MOBILITY OFFENDER WHO CAN BE RELEASED TO AN OFF-SITE FACILITY APPROPRIATE TO THE
OFFENDER’S MEDICAL TREATMENT NEEDS.
MEANING SMITH, WHO IS IN HIS 70’S, COULD LEAVE ANGOLA AND SPEND HIS FINAL YEARS IN A LESS CONFINED TREATMENT, CARE OR ASSISTED LIVING FACILITY.
>> LIFE IN PRISON IS NOT LIFE IN PRISON.
TRAVERS: THE DOC SAYS THESE TYPES OF ALTERNATIVE OPTIONS ARE NECESSARY TO DECREASE AN AGING, AND AT TIMES A COSTLY PRISON POPULATION.
REASSIGNING INMATES WHO RELY ON EXPENSIVE MEDICAL NEEDS THAT CAN CRIPPLE THE BUDGET.
IN 3 YEARS, THE DOC SAYS 6 INMATES HAVE BEEN DENIED A MEDICAL FURLOUGH, 8 HAVE BEEN GRANTED.
BOTH JAMES POHLMAN, THE SHERIFF IN ST. BERNARD PARISH, AND THE DISTRICT ATTORNEY, PERRY NICOSIA, ARE AGAINST SMITH BEING RELEASED FROM ANGOLA AND MOVED TO A MEDICAL FACILITY.
>> THIS IS AN ATROCITY.
THIS IS WRONG.
THIS IS EVIL.
WE SHOULD NOT HAVE TO LIVE THIS OVER AND OVER AGAIN.
TRAVERS: AND THE POSITION OF THE VICTIM’S FAMILY, IT’S CLEAR, AND UNSYMPATHETIC.
>> HE WANTS MERCY TO BE SHOWN TO HIM, IF THEY DON’T WANT TO TAKE CARE OF HIM, IF HE’S BECOMING A PROBLEM, THEN THEY SHOULD JU TAKE A GUN AND SHOOT HIM LIKE HE SHOT MY DAD.
JUST TAKE A GUN AND SHOOT HIM IF THEY DON’T WANT TO TAKE CARE OF HIM.
IT’S AS EASY AS THAT.
TRAVERS: THE DOC SAYS IT DOES HEAVILY WEIGH THE OPINIONS OF VICTIM’S FAMILIES AND THOSE OF LAW ENFORCEMENT WHEN MAKING A RULING TO DETERMINE IF AN INMATE RECEIVES A MEDICAL FURLOUGH.
THE HEARING IN THIS TO DETERMINE IF CONVICTED KILLER EARL SMITH GETS TO LEAVE ANGOLA IS SET FOR APRIL