NEW ORLEANS, LA (WVUE) - The driver of the truck that plowed into an Endymion parade crowd will remain in an East Carroll Parish prison, and his attorney says he may take his appeal of the decision to the Louisiana Supreme Court.
A magistrate judge ruled Monday morning, that Neilson Rizzuto' rights aren't being violated, even though he's housed five hours from New Orleans and his attorney.
Rizzuto faces multiple counts of negligent injury after ramming his pick-up truck through a crowd of people Feb. 25. Because of the federal consent decree and deputies having to be re-trained, two out of every three Orleans Parish inmates have been sent to other facilities. Rizzuto's attorney, Nanek Rai, filed a motion requesting that Rizzuto be transferred back to New Orleans, saying it's extremely difficult to communicate with a client so far away and with phone communications being monitored by deputies.
The sheriff's office said Rizzuto's rights aren't being violated, and that he will be brought back to Orleans Parish for every scheduled court appearance and to meet with his attorney. However, Rai said he won't stop fighting the decision.
"I plan on taking it up to the Fourth Circuit and possibly to the Supreme Court, because I think it is a constitutional issue," Rai said.
"If he gives us notice, I can have him brought down here for a day at a time. He can spend the whole day with the prisoner meeting with him, then we ship him back. Ultimately, where the inmate lives, is the sheriff's office discretion," OPSO attorney Blake Arcuri.
Arcuri also informed the judge Monday of other high-profile cases here where inmates were not kept in New Orleans, such as those of Robert Durst and Telly Hankton.