The AG’s office is contesting the resentencing of the Orleans armed robber under strange circumstances

NEW ORLEANS (WVUE) – Attorney General Liz Murrill’s office is trying to return an armed New Orleans robber to prison after a plea deal led to his release about 15 years early.

In 2010, Jared Crowther pleaded guilty to armed robbery and two counts of possession with intent to distribute cocaine. A judge sentenced him to 30 years in prison.

Orleans Parish court records described how he pressed a gun to a store clerk’s stomach and threatened to shoot her on May 16, 2009.

Department of Corrections records show he was free until June 22, 2024, on a conviction arranged in part by his defense attorney Bobby Hjortsberg.

Hjortsberg claims that in the years since the murder, Crowther, now 44, has improved.

“He poses absolutely no threat to the community. He went through more rehab training than anyone could ever go through,” Hjortsberg said.

Hjortsberg said he contacted Orleans Parish District Attorney Jason Williams’ Office, and parish court records show they have begun working on a resentencing hearing date in late 2023. Hjortsberg is a former law partner of Williams, but says that they did not discuss the Crowther matter. case.

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However, Criminal Court Judge Darryl Derbigny refused Williams’ office after Hjortsberg made signs for it. Hjortsberg told Fox 8 he made the move after it came to his attention that Williams perceived a conflict.

Court records show prosecutors in Williams’ office have not taken a position on the recusal, and Derbigny approved it.

When asked about the issue, Williams’ office told Fox 8 in a statement, “The public records from the Docketmaster in this case are very clear. Our office was recused from this matter in December 2023. The judge in this case recused the Prosecutor’s Office. The judge also decided to appoint a special prosecutor to handle the matter. Our office played no role in this case once it was recused. Attempts to connect the final outcome of this case to our office are ill-informed or deliberately dishonest.”

State law required Derbigny to either appoint an attorney with prosecutorial qualifications or notify the attorney general’s office in writing. Records show the court tried to contact the attorney general’s office but sent the notice to the wrong address.

Metropolitan Crime Commission President Rafael Goyeneche said standard practice is for the Attorney General’s office to step in to represent the state.

“The court, in my opinion, should have reached out and called the Attorney General’s Office, saying, ‘Why aren’t you answering all of this?'” Goyeneche said.

Instead, Judge Derbigny appointed Judson Mitchell, Derbigny’s former campaign manager and Loyola University pro bono coordinator, as special prosecutor. Mitchell is a defense attorney.

Mitchell texted Fox 8 about his appointment, saying in part, “I think I was chosen because I teach criminal law and Judge (Derbigny) thought I would be competent to handle it.”

Derbigny’s office did not return an interview request for the judge.

Mitchell and Hjortsberg jointly asked Derbigny to reconsider Crowther’s sentence on the grounds that he had already served significant time, had a re-entry plan and said the victim had approved. Derbigny re-sentenced Crowther to 15 years, setting the stage for his release this summer. Convicted armed robbers in Louisiana can be sentenced to 10 to 99 years at a judge’s discretion.

Attorney General Liz Murrill’s office filed a motion seeking to vacate Crowther’s newly reduced sentence, challenging in part Mitchell’s appointment as special prosecutor.

“We have only filed a motion to intervene in one case, and that is a case involving a recusal and the subsequent appointment of a defense attorney as prosecutor,” her office said in a statement. “It is a clear conflict of interest, in addition to the fact that the exemption is contrary to law and presumptively unconstitutional.

“We are reviewing a number of other cases where the prosecutor, a criminal court judge and a defense attorney improperly agreed to provide post-conviction relief. While we have not yet intervened, we expect to do so under appropriate circumstances.”

State law prohibits district attorneys and assistant district attorneys from serving as defense attorneys. Goyeneche said that rule also applies to Mitchell.

“He is an assistant prosecutor. He is a prosecutor. So the laws involving prosecutors apply to the court-appointed prosecutor,” he said.

Both Mitchell and Hjortsberg cited a 1988 opinion letter from the Louisiana attorney general that said the appointment of a defense attorney was appropriate. In response to Fox 8’s inquiry about the opinion, a spokesperson for Murrill sent a statement disagreeing.

“This opinion is from 1988 and is outdated,” the office said. “It was never retired, but it will be. As detailed in our motion to dismiss, we explain the legality of our motion to intervene in this case.”

Goyeneche also challenged the authority of the 36-year-old opinion.

“Opinions are not binding. They are advisory, and the law is mandatory,” he said.

If Murrill’s challenge prevails, Goyeneche said Crowther will have to return to prison.

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