commentary by Patrick H. Moore
One of the most interesting aspects of criminal defense work, which has been my daily vocation for over 11 years now, is observing how my clients deal with and respond to not only the fact that they are serious trouble with the law, but also to the many restrictions, some self-imposed, that they struggle with during the pendency of their cases.
By self-imposed restrictions, I mean the following. A man or woman facing Federal charges often must make a sort of “to be or not to be decision”. The client can move forward with his or her life as normally as possible which would mean working, getting exercise, making future plans, and being generally productive and positive while waiting for the big boot to drop. Or alternatively, and this happens with disheartening frequency, the client can fall into deep psychological doldrums which often results in a state bordering on catatonia. You lie around in bed; you lack any kind of motivation; you worry endlessly while awash in a morass of self-pity and fear.
In some cases, the defendant’s situation is complicated significantly by restrictions imposed by the court. This can include home confinement, electronic monitoring and a host of other restrictions.
This is the situation everybody’s favorite high school English teacher and child seducer (just barely: the Destrehan student was 16 and the age of consent in Louisiana is 17) Shelley Dufresne finds herself in as her case grinds slowly forward.
From her photos, it’s obvious that although Shelley is a pretty young woman, she is also depressed. She rarely smiles and usually projects a sort of glumness and flatness of affect. When I see these pictures, chivalrous soul that I sometimes am, I can’t help but feel sorry for her.
The authorities are fully aware that Shelley suffers from psychological problems (teaching English while having three kids by the time you’re 29 can do this to the best of us, especially if you have a predisposition toward depression). According to a motion recently filed by her attorney, Deanne Williams, “Dufresne attends outpatient therapy sessions four hours each weekday for treatment of depression and mood disorder at River Oaks Hospital in Elmwood.”
Without belaboring the obvious, that’s an awful lot of therapy. Other than that, based on the conditions of her $200,000 bond, she is only allowed to leave her house to go to church and attend court hearings. In short, Ms. Dufresne is locked down pretty damned tight. Perhaps the authorities think that if they don’t keep a really close eye on her, she’s going get the old wandering eye and stalk stalking more 16-year-old boys.
In any event, now that a bit of time has passed, Ms. Dufresne’s attorney has filed a motion asking the court to loosen her restrictions so that she can 1) help more with her three kids who range in age from 3 to 7; and 2) get some freakin’ exercise in an attempt to help alleviate her depression.
Littice Bacon-Blood of Nola.com and The Times Picayune writes:
Shelley Dufresne…is asking a judge to loosen her house arrest restrictions so she may take her young children to school, doctor’s appointments and other activities. She also wants relief to attend an exercise class as part of her treatment for depression and a mood disorder, according to court records.
In the three-page motion, which was filed on Friday, Williams points out that Ms. Dufresne’s current regimen doesn’t allow her “to help with the care of her young children outside of the home.” Her oldest child, the 7-year-old, suffers from autism spectrum disorder and receives physical therapy in New Orleans from 3 to 6 pm every Thursday and occupational therapy during the same hours on Tuesday.
The motion makes it very obvious that Ms. Dufresne wants to help fulfill her family’s needs more than she is able to during her present rigorous home confinement, stating in part:
“Defendant’s husband is employed, and at least one parent must tend to therapy while the opposing parent cares for the two (2) younger children.”
Shelley Dufresne smiling
After pointing out that Ms. Dufresne is not a flight risk and has been in compliance with the terms of her release, the motion suggests, with impeccable logic, that “Dufresne should include physical exercise as part of her medical regiment. She asks to be allowed to attend, when her family schedule permits, a Jazzercise class (in LaPlace) that’s made up “primarily of adult women.”
William’s motion further requests:
“Due to the burden that house arrest has placed on her family, as well as on her mental and physical well-being Defendant is respectfully requesting that … it be modified to be mandated only between the hours of 8 p.m. to 7 a.m. or at the very least, that she be allowed to assist with the caring and transportation for her children, attend exercise classes and continue to attend court appearances and medical/mental health treatment between the hours of 7 a.m. and 8 p.m.”
It will be interesting to see how Ms. Dufresne current judge, Anne Simon, rules on the motion which comes up for consideration on Nov. 25. That same day, the D.A.’s office is expected to identify the formal charges or charges against Ms. Dufresne.
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Although I don’t have a crystal ball, it’s not unreasonable to suggest that Ms. Dufresne is eaten up with guilt over having put her family through this. The fact that she wants to contribute more to her family’s well-being is very much to her credit. The fact she wants to get some serious exercise while having a little fun (the Jazzercise class) seems eminently reasonable.
It will be interesting to see how the judge rules on the motion. I would not be at all surprised if the judge agrees to some modification of the conditions, particularly regarding her helping out with the kids outside the home. As for the Jazzercise, I wouldn’t count on it…
Click here to view our earlier Shelley Dufresne post: