The Judge has excused the jury for the day so that he and the attorneys can take up other issues that, as the judge explained it to jurors, will help assure jurors get all the information they should to properly decide the case.
The jury returned at 2 p.m. at which the judge gave a strongly worded warning to jurors that they must disregard the improper testimony of Chance Bourgeois who testified Stephin Bergeron had said he "didn't want Devin getting in trouble with drugs again."
The Judge has strictly limited what can be brought out about Devin Badon's involvement with drugs.
Judge Kent Savoie will only allow testimony about drugs that establishes why Badon and Bergeron were arguing the day Bergeron was murdered.
Badon is on trial for second degree murder of Bergeron and attempted murder of Bourgeois.
Shortly after one problem in the trial of Devin Blake Badon was resolved, another cropped up when a witness made reference to Badon's prior criminal history. All witnesses have been warned they are not to make reference to his previous problems with the law. Yet, shortly after being called to the witness stand, Chance Bourgeois quoted the victim, Stephin Bergeron, as saying he didn't want Badon "getting in trouble with drugs again."
The defense promptly objected, the judge sent the jury out and told attorneys to return to court at 1:30 p.m. prepared to discuss how to deal with the improper testimony. Judge Kent Savoie warned Bourgeois that even though he's a victim in the case, he must follow the rules and make sure he does not mention Badon's past criminal history in front of the jury again. Savoie warned if Bourgeois violates his instructions he could be sent to jail for contempt of court.
Earlier, the jury heard emotional testimony from Bergeron's mother Christina, who told graphic details of the killing of her son. Earlier she testified that Stephin had confronted Badon because he heard he was giving drugs to an ex-girlfriend, Brenna, whom he cared about.
When court first reconvened this morning, outside the presence of the jury, attorneys and the judge spent about an hour hashing out how to deal with the fact that certain information about text messages was not furnished to the defense-- because it was not in the evidence file at the sheriff's department.
The judge decided to instruct the jury to disregard the redirect examination yesterday of Brenna LeDoux in which she told about a text message she received from Badon that could have been interpreted as a threat against Bergeron. The text, allegedly sent by Badon, as stated by the witness, said "Someone just called and threatened me and Dice (David Fontenot) and they are about to get f***ed.". The jury is ordered to disregard that testimony.
Watch for more on this story on later editions of KPLC7News and at www.kplctv.com