New Orleans residents may yet hear Mayor LaToya Cantrell's side of the story regarding Jeffrey Vappie, because of a civil suit filed against her in federal court.
Unlike criminal cases, in a civil case, the subject of the suit cannot refuse to testify.
"The mayor can be subpoenaed to a deposition and ultimately to a trial to be asked questions about the factual allegations in this civil complaint," said Professor Dane Ciolino of the Loyola University School of Law.
It is possible the mayor could invoke her Fifth Amendment right against self-incrimination, but Ciolino said the subject matter of the civil complaint on its face appears unrelated to a federal criminal investigation that involves the mayor. Not to mention doing so would only help the plaintiff.
"If a defendant in a civil case takes the Fifth Amendment, the jury's allowed to draw an adverse inference from that," he said.
Ann Breaud filed the complaint after the mayor unsuccessfully sought a restraining order against Breaud, after the French Quarter resident took photos of the mayor and her body guard, Officer Jeffrey Vappie, dining together on a restaurant balcony.
Ciolino said it will be months at the earliest before the case takes sworn depositions.
