The short version
- Deputy Herschel Green received counseling for arguing with a judicial administrator after handcuffing two media representatives.
- The internal report cited significant deficiencies in communication, training, and operational planning during the incident.
- No disciplinary action was taken against the deputy for the act of handcuffing the journalists themselves.
A New Orleans criminal court deputy has been disciplined for violating agency professionalism policies following an incident in which he handcuffed a television producer and a station attorney. The internal investigation, released by the sheriff’s office, determined that Deputy Herschel Green breached conduct standards not for detaining the media representatives, but for engaging in a heated verbal exchange with the facility’s judicial administrator regarding those detentions.
The incident occurred in July during proceedings related to an indictment against Louisiana Attorney General Liz Murrill. The charges, which alleged public intimidation, were ultimately dismissed. Before the judge announced the outcome, he ordered the courtroom cleared to protect the identities of grand jurors. This directive forced media personnel, legal representatives, and members of the public into the hallway outside the courtroom.
Tensions escalated when deputies instructed the crowd in the hallway to either move further down the corridor or exit the building entirely. Danny Monteverde, an investigative producer for WWL Louisiana, refused to leave the courthouse, asserting that the facility was a public space. In response, Deputy Green placed handcuffs on Monteverde. Simultaneously, his colleague, Diedra Rayfield, handcuffed Elana Beiser, the station’s attorney, who had been present to object to the closure of the courtroom under state law requirements for open proceedings.
The situation grew more complex when construction work nearby triggered a fire alarm. Deputies stated they could not immediately rule out an actual fire and ordered an evacuation to allow the local fire department time to investigate. Amid this confusion, Monteverde approached Robert Kazik, the judicial administrator, to show him he had been restrained. Kazik questioned Green about the handcuffing, leading to a confrontation.
According to the report, Kazik became concerned that Green intended to escort Monteverde out through the front entrance, where local and national media outlets were gathered. The administrator intervened, instructing the deputy not to take that route. This interaction resulted in a heated argument between the two men. Green acknowledged the dispute but claimed Kazik approached him aggressively and threatened to contact his superiors.
A sheriff’s office sergeant eventually arrived on the scene and ordered Green to remove the handcuffs from Monteverde. Rayfield was also instructed to release Beiser. Both deputies maintained that they acted independently and did not receive commands from Judge Leon Roché or other supervisors to detain the individuals. This account aligns with earlier statements from the judge denying any order for such actions.
The sheriff’s office internal affairs division concluded that Green’s argument with Kazik violated a policy requiring employees to conduct themselves professionally and with concern for the dignity of others. The policy explicitly prohibits demeaning behavior or unnecessary inconvenience to individuals. Consequently, Green signed a citation on September 9 requiring him to undergo counseling. No further disciplinary measures were imposed for the handcuffing itself.
Beyond the individual misconduct, the investigation revealed systemic issues within the sheriff’s office operations. The report identified deficiencies in operational planning, communication, training supervision, and media management. It noted that deputies faced the high-profile proceedings without a documented operational plan or comprehensive briefing. The findings have drawn criticism from media rights advocates, including the Reporters Committee for Freedom of the Press, which condemned the handcuffing as outrageous.
The agency has recommended corrective actions to address these gaps. These include preparing written plans for high-profile proceedings that clearly identify incident commanders, chains of command, and specific assignments. The recommendations also suggest establishing designated media staging areas to prevent similar conflicts in the future. The release of this 33-page report marks a significant step in addressing the chaotic circumstances surrounding the detention of press members.
The case highlights ongoing tensions between law enforcement protocols and press access in judicial settings. While the deputy faced consequences for his demeanor during the dispute, the lack of punishment for the physical restraint of journalists has raised questions about accountability standards. The sheriff’s office now faces the task of implementing new procedures to balance security needs with constitutional rights in public courthouses.
Sources behind this briefing
Go to the original reporting
- The Guardian US↗New Orleans court deputy who handcuffed journalists disciplined – for violating etiquette
