LAFAYETTE — A woman whose conviction was reversed on appeal in the 2009 shooting death of her boyfriend will remain incarcerated while the Louisiana Supreme Court reviews the case, the high court ruled late Monday.
The ruling reverses a 3rd Circuit Court of Appeal’s decision, issued that same day, ordering Mary Henderson Trahan, 48, to be released from custody.
The appeals court had already reversed Trahan’s 2010 conviction and subsequent life sentence in a ruling issued July 6, where the court found prosecutor Daniel M. Landry III failed to offer enough evidence during the trial to prove second-degree murder, manslaughter or negligent homicide in the shooting death of George Barbu.
A jury convicted Trahan of second-degree murder after a one-day trial.
During a hearing last week, Landry asked state District Judge Edward D. Rubin to keep Trahan in jail while he filed an appeal to the state Supreme Court. The judge ruled in his favor.
Afterward, Trahan’s attorney, John Clay Lejeune requested an emergency review from the appellate court.
On Monday, the appeals court found that “the trial court erred in ordering the Defendant held in custody following this court’s ruling vacating her conviction and sentence.”
The appeals court reversed the trial court’s ruling and ordered Trahan released.
However, the state Supreme Court’s ruling renders the issue moot, as “all proceedings and defendant’s release are stayed pending further orders of the court.”