Attorney for rape victim asks for rare, full-panel judge review of case
NEW ORLEANS - The lawyer representing a woman who filed a federal lawsuit against West Feliciana District Attorney Sam D'Aquilla is asking for a full review of the case by a panel of judges on the Fifth Circuit Court of Appeals in New Orleans.
It comes after a three-judge panel dismissed D'Aquilla from the case.
WBRZ does not identify alleged rape victims, but in this case, Priscilla Lefebure asked to be identified to put a name and a face to what she said she's gone through. Lefebure alleges she was raped by Barrett Boeker at Angola.
A grand jury chose not to indict Boeker in her case. It was later discovered that the rape kit was not presented to those jurors. District Attorney Sam D'Aquilla maintained the sex was consensual.
"What Ms. Lefebure went through after she was sexually assaulted is something no victim should go through," Lefebure's attorney Jack Rutherford said. "No victim has ever been asked if they consented to being shot or stabbed or told there would not be a review of the case because we aren't going to look at the gun. At the base of all of this, what we are saying is that women are to be believed."
Rutherford said he expects to hear something in the coming weeks tied to this case involving their request for a full review by all judges. Last month, three retired judges filed court documents in support of Lefebure.
"We are sickened by the conduct of local law enforcement in this case," the brief said. "It shocks any semblance of a decent sensibility that there are places left in America where a sheriff and district attorney routinely fail to collect and process rape kits, where an assailant's 'we got a little rough' is accepted at face value by law enforcement."
"The fifth circuit had already noted the egregiousness of Mr. Boeker's crimes and the nightmare that my client has been through," Rutherford said. "The fifth circuit recognized that but their ruling focused on what the prosecutor did as a prosecutor."
The court ruled that Lefebure couldn't sue to have Boeker indicted. Rutherford said that they agree with that fact, but believe D'Aquilla should have investigated more.
"What we asked the court to do is look at what he did as an investigator," Rutherford said. "As an investigator, he refused to pick up evidence in the case."
Lefebure is related to Boeker's wife and was staying with them after the 2016 flood. Boeker never faced charges in the alleged incident but was fired last year for spraying an inmate with a fire extinguisher.
We reached out to Sam D'Aquilla for a comment but did not hear back.
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