Convicted former state senator fights to stay on ballot - FOX 8 WVUE New Orleans News, Weather, Sports, Social

Convicted former state senator fights to stay on ballot

Derrick Shepherd (FOX 8 Photo) Derrick Shepherd (FOX 8 Photo)
NEW ORLEANS, LA (WVUE) -

Convicted former state Senator Derrick Shepherd is not deterred in his fight to invalidate the constitutional amendment that could kick him off the October ballot. 

Shepherd tried and failed to get a temporary restraining order. But Judge Wilson Fields set a hearing for Tuesday, September 22 to rule on the validity of the law. 

Jefferson Parish District Attorney Paul Connick filed suit to have Shepherd removed from the ballot in the 87th House District race. 

Shepherd and his attorney, Robert Garrity contend the constitutional amendment is invalid. 

Garrity tells FOX 8 he expects the complicated issue will wind up before the Louisiana Supreme Court. 

Shepherd will argue that the amendment approved by voters in 1997 differed in language from that which was passed by the legislature. It omitted a provision that would allow felons run for office if they were sentenced to probation. 

"It makes the whole law invalid. We have to start from scratch," said Shepherd.

Shepherd compared it to baseball.

 "When you hit a home run, you have to touch all the bases," Shepherd said. " You can't just hit the home run and go back in the dugout. Here the legislature missed one of the bases and the law says if you don't touch one of the bases you're out."

Garrity and Shepherd will be in court to defend against Connick's lawsuit Friday.  

In 2008, Shepherd pleaded guilty to conspiracy to commit money laundering and served time in Federal Prison. 

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