CHALMETTE, La. (WGNO) – Yelling, arguing, finger-pointing — attorneys for both sides of the case were fired up at Saint Bernard Parish President David Peralta’s status hearing Friday for a sexual battery charge that his ex-wife, Sharon Schaefer, brought against him last year.
But Judge Frank Foil ruled against the prosecution, denying motions filed to exclude evidence of past sexual history and bad character evidence of the alleged victim, Schaefer.
Peralta’s attorney Martin Reagen went into extensive detail about Peralta’s past sexual history with his ex-wife, claiming Peralta and Schaefer engaged in “certain sexual acts” involving bondage, hanging from rope attached to the ceiling, spanking and French outfits.
He went on to claim that this sexual activity had been going on for years and Schaefer initiated it.
Reagen also said they had photos “week in, week out” documenting this behavior and that Schaefer personally bought the French outfits.
He concluded this was typical sexual conduct for the couple and Schaefer “wanted it, asked for it.”
Judge Foil said while in some rape cases, it is proper to exclude past sexual history, at this point he wanted all information to be available and that attorneys could object during trial if they felt the need.
Then they began discussing an evidence box, that contains documents and government emails that the defense handed over to the prosecution.
Computers and servers from Peralta’s office were also seized and the prosecution told Judge Foil they recently received all that information and they wait seven months to get it. They expressed concerns to the judge about getting through all that information.
Prosecutor David Weilbacher asked for a stay order, which would give the prosecution more time.
Judge Foil denied that and Weilbacher said he would appeal that decision.
Then Reagan brought up recent allegations that the FBI was raiding Peralta’s house.
He said that is false and Peralta is actually working with the FBI to figure out some pending financial investigations.
He said he was mentioning this because there’s so much publicity around this case and he has growing concerns about getting a fair trial.
Weilbacher and Reagan had a very heated exchange throughout the hearing, at points, voices were raised, lots of gesticulation, some sarcastic comments.
Towards the end of the hearing, Weilbacher suggested that he had another indictment coming for Peralta, that would supersede this current sexual battery case.
Judge Foil asked if Weilbacher was trying to postpone the trial and then said if Weilbacher had that indictment, then to bring it forward when the time came, but he was still going to set dates and try to get this trial started.
Then he set a deadline to file any motions or settle any matters on Monday, March 2nd. There will be hearing the next day if necessary.
The judge wants the trial to begin in April and discussed possible dates with both sides.
Peralta also faces a stalking charge in Saint Tammany Parish, also filed by his ex-wife Sharon Schaefer.
