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2013 JUDGE RICHARD N. WARE, IV

MEMORIAL

HIGH SCHOOL

MOCK TRIAL COMPETITION

CASE MATERIALS

13TH

JUDICIAL DISTRICT COURT

STATE OF LOUISIANA

EVANGELINE PARISH

STATE OF LOUISIANA

NO. 0012-0049 VERSUS DIVISION “C”

DARBY FRUGE

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TABLE OF CONTENTS

Introduction .......................................................................................................................... 3

Pleadings................................................................................................................................ 5

Indictment #1 (La. R.S. 14:31)….............................................................................. 6

Indictment #2 (La. R.S. 17:1801).............................................................................. 7

Motion for Jury Trial ................................................................................................. 8

Pre-Trial Order........................................................................................................... 9

Statement of Case .............................................................................……… 9

Stipulations of the Parties............................................................................... 10

Louisiana Criminal Statutes .................................................................................................. 11

Witnesses and Affidavits ...................................................................................................... 17

Witnesses Listing....................................................................................................... 17

Plaintiff’s Witnesses

Affidavit, Charlie Fontenot – Police Sergeant .............................................. 18

Affidavit, Jules Mouton – Medical Examiner ............................................... 22

Affidavit, Riley LaFleur – KPN Chapter President ...................................... 25

Defense’s Witnesses

Affidavit, Darby Fruge – Defendant / KPN Pledge Master.......................... 28

Affidavit, Dana Comeaux - Pathologist ........................................................ 32

Affidavit, Marley Breaux – KPN Member..................................................... 35

Exhibits................................................................................................................................... 38

Exhibits Listing........................................................................................................... 38

Exhibit 1 911 Phone Transcript ......................................................................... 39

Exhibit 2 Initial Police Incident Report dated 8/25/2012................................... 42

Exhibit 3 Investigative Report dated 9/4/2012................................................... 45

Exhibit 4 Emergency Room Record .................................................................. 48

Exhibit 5 Record of Coroner............................................................................... 49

Exhibit 6 Photograph of the KPN house ........................................................... 52

Exhibit 7 Photograph of 16oz. “Solo” Brand Cup Used by Victim................... 53

Exhibit 8 Photograph of Water Coolers in the KPN Basement ......................... 54

Exhibit 9 News Report of Hyponatremia Fatality.............................................. 55

Exhibit 10 WebMD.com Medical Report on Hyponatremia ............................... 56

Exhibit 11 Medical Release & Liability Waiver Form ........................................ 60

Exhibit 12 KPN Pledge Rules.............................................................................. 61

Exhibit 13 Death Certificate of Heather Soileau ................................................. 62

Exhibit 14 Dr. Dana Comeaux’s report................................................................. 63

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INTRODUCTION

Henry Wadsworth Longfellow University (“Longfellow University” and/or “HWLU”)

has a robust offering of Greek and honors societies. Many students join the Greek and honors

societies during the organizations’ fall semester bid week. Longfellow University is located in a

true college town and is surrounded by several rural communities. It’s Greek and honors

organizations offer students opportunities for socializing and community service to HWLU

students not otherwise available in the area.

Although the honors societies select their members differently than traditional Greek

fraternities and sororities, they still follow the rituals of bid, acceptance, and initiation. Kappa

Phi Nu (KPN) is no different in this regard. KPN is a Longfellow University accredited co-ed

honors society whose primary function is to provide service-related activities. However, KPN

also has many social events in which its members participate. Even though KPN is not a

traditional Greek organization, it has an optional pledge process and has its own house on

campus which was donated by a generous alumni member. In addition, KPN has all of the

traditional leadership roles used by Greek societies, including a chapter president, vice president,

treasurer, social chair, education chair, and pledge master.

Saturday, August 25, 2012, was the last day of fall pledge week for the KPN pledges.

Throughout the week, pledges participated in various activities commonly referred to as the

“Longfellow Epic Games” or the “LEGS” for short. A different event was held each day of

pledge week, including a washers tournament, a scavenger hunt around campus, and various

team building activities. The most-dreaded event, “Hydro Bowl,” was held on the final Saturday

of pledge week. The active members of KPN made sure that Hydro Bowl was the toughest, most

grueling event of pledge week. In preparation for the event, water coolers with five-gallon water

jugs, like the ones found in many offices, lined the walls in the basement of the KPN house.

Hydro Bowl is based on the television game show Jeopardy!. The pledges’/contestants’

answers are actually questions in response to statements provided by the host. But, instead of

earning points for correct answers, a correct answer allowed the contestant to avoid chugging

water. KPN developed the water-chugging as an alternative to forcing pledges to chug beer when

they provided an incorrect answer, which was clearly against Longfellow University rules.

The penalty for a wrong answer was to chug water for a certain period of time, and the time

increased as the value of the question increased. If a pledge failed to answer in the form of a

question, the chugging time period further increased. Adding to the challenge, pledges were not

allowed to go to the restroom while playing Hydro Bowl.

Pledge, Addison Vidrine, who convinced Heather Soileau to pledge KPN with her, quit

Hydro Bowl after just a few rounds. Addison was a pre-med student and said she learned in a

class that chugging water like this could be dangerous.

Heather, though, continued to participate in the game. After consuming an excessive

amount of water during Hydro Bowl, Heather collapsed and lost consciousness. 911 was called.

When Emergency Medical Services (“EMS”) and Longfellow University Police responded, they

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found Heather in an unresponsive state, and EMS transported her to the local hospital. Heather

Soileau died within two hours of the collapse.

After his initial investigation, Sgt. Charlie Fontenot concluded that no wrongdoing had

occurred but that Heather simply collapsed while playing a KPN game. However, further

investigation prompted by the results of the autopsy, indicated that Heather died due to a swollen

brain stem brought on by acute hyponatremia1 from overconsumption of water.

Pledge master, Darby Fruge, was charged with involuntary manslaughter and the lesser

included offense of hazing. KPN chapter president, Riley LaFleur, was granted criminal

immunity after agreeing to testify for the prosecution. Civil suits are also pending.

1 A correct pronunciation of hyponatremia is as follows: high-poe-nuh-tree-me-uh.

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PLEADINGS

1. GRAND JURY INDICTMENT2: MANSLAUGHTER

2. GRAND JURY INDICTMENT: HAZING

3. MOTION FOR JURY TRIAL

4. PRETRIAL ORDER

I. Statement of the Case

II. Stipulations

2 Criminal charges may be brought by indictment or bills of information. An indictment is “a written accusation of

crime made by a grand jury. It must be concurred in by not less than nine of the grand jurors, indorsed ‘a true bill,’

and the indorsement must be signed by the foreman. Indictments shall be returned into the district court in open

court; but when an indictment has been returned for an offense which is within the trial jurisdiction of another court

in the parish, the indictment may be transferred to that court.”La. C.Cr.P. art. 383. A grand jury indictment means

that a defendant will go to trial on a particular charge and will not be able to have the charge reduced or dismissed

by a pretrial motion. In most cases, a grand jury is called to indict on more serious felony charges, but a grand jury

can be called for any offense. An information, on the other hand, is “a written accusation of crime made by the

district attorney or the city prosecutor and signed by him. It must be filed in open court in a court having jurisdiction

to try the offense, or in the office of the clerk thereof.” La. C.Cr.P. art. 384.

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13TH

JUDICIAL DISTRICT COURT FOR THE PARISH OF EVANGELINE

STATE OF LOUISIANA

DOCKET NO. 0012-0049 DIVISION “C”

STATE OF LOUISIANA

VERSUS

DARBY FRUGE

INDICTMENT

In the 13th

Judicial District Court, State of Louisiana, Parish of Evangeline, on the

23rd

day of October, 2012, State of Louisiana v. Darby Fruge:

Louisiana Revised Statute 14:31

The grand jury of the Parish of Evangeline finds that, the defendant, Darby Fruge,

committed the offense of MANSLAUGHTER on or about August 25, 2012, in Evangeline

Parish, Louisiana in that the defendant, Darby Fruge, did unlawfully cause the death of

Heather Soileau during the commission of an intentional misdemeanor directly affecting the

person; to-wit: the death occurred during hazing, contrary to the laws of the State of Louisiana, at

908 Fuselier Street, Mamou, Evangeline Parish, Louisiana.

Contrary to the law of the State of Louisiana and against the peace and dignity of the

same.

Eraste P. Chauvin ERASTE P. CHAUVIN

Assistant District Attorney

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13TH


STATE OF LOUISIANA


STATE OF LOUISIANA

VERSUS

DARBY FRUGE

INDICTMENT

In the 13th

Judicial District Court, State of Louisiana, Parish of Evangeline, on the 23rd

day of October, 2012, State of Louisiana v. Darby Fruge:

Louisiana Revised Statute 17:1801

The grand jury of the Parish of Evangeline finds that the defendant, Darby Fruge,

committed the offense of HAZING on or about August 25, 2012, in Evangeline Parish, in that

the defendant, Darby Fruge, did engage in acts of hazing or methods of initiation into a fraternal

organizations that were likely to cause bodily danger or physical punishment to a student or other

person attending an educational institution supported wholly or in part by public funds, and that

the hazing occurred against Heather Soileau during an organized Kappa Phi Nu activity at Henry

Wadsworth Longfellow University with death resulting, contrary to the laws of the State of

Louisiana, at 908 Fuselier Street, Mamou, Evangeline Parish, Louisiana.

Contrary to the law of the State of Louisiana and against the peace and dignity of the

same.

Eraste P. Chauvin ERASTE P. CHAUVIN

Assistant District Attorney

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13TH


STATE OF LOUISIANA


STATE OF LOUISIANA

VERSUS

DARBY FRUGE

MOTION FOR JURY TRIAL

The State of Louisiana filed two indictments against the defendant, Darby Fruge. The

indictments were true billed by the Grand Jury on October 23, 2012. The defendant has pled not

guilty.

I, the undersigned, do hereby demand a jury trial in the above matter.

Signed this the 24th

day of October, 2012.

s/ Defense Counsel

Attorney for Defendant, Darby Fruge

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13TH


STATE OF LOUISIANA


STATE OF LOUISIANA

VERSUS

DARBY FRUGE

PRETRIAL ORDER

On this the 14th

day of January, 2013, the above-captioned matter came before the

undersigned judge for pretrial conference. The parties, appearing through their counsel, indicated

their agreement to, and approval of, the terms of this Order, and requested that it be made the

Order of this Court. The terms of this Order, accordingly, shall not be altered, except upon a

showing of good cause.

I. Statement of Case

By indictment, the State charged the defendant, Darby Fruge, with one count of

Manslaughter in violation of Louisiana Revised Statute 14:31 alleging that, on August 25, 2012,

Darby Fruge unlawfully caused the death of Heather Soileau during the commission of an

intentional misdemeanor directly affecting the person, to-wit: the death occurred during hazing,

contrary to the laws of the State of Louisiana, and the good order, peace and dignity thereof.

By indictment, the State charged the defendant, Darby Fruge, with one count of Hazing

in violation of Louisiana Revised Statute 17:1801, alleging that on August 25, 2012, Darby

Fruge unlawfully engaged in acts of hazing or methods of initiation into a fraternal organizations

which were likely to cause bodily danger or physical punishment to a student or other person

attending an educational institution supported wholly or in part by public funds, and that the

hazing occurred against Heather Soileau during an organized Kappa Phi Nu activity at

Henry Wadsworth Longfellow University with death resulting, contrary to the laws of the State

of Louisiana, and the good order, peace and dignity thereof.

Upon arraignment, Darby Fruge pled not guilty to all charges.

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II. Stipulations of the Parties

The parties have entered into the following stipulations, which shall not be contradicted

or challenged:

1. Henry Wadsworth Longfellow University receives public funds.

2. The death of Heather Soileau occurred on August 25, 2012.

3. Addison Vidrine is deceased.

4. Beau Soileau is not available for trial due to armed services deployment.

5. Heather Soileau’s family medical history is not in dispute.

6. All exhibits listed are authentic and accurate in all respects.

7. The chain of custody for evidence is not in dispute.

8. The signatures on the witness statements and all other documents are authentic.

9. All witnesses who were questioned by law enforcement were properly advised of their

Miranda rights.

10. The search of the Kappa Phi Nu house was conducted with consent of the chapter

president, and was, therefore, proper and in accordance with the law.

11. The transcript of the 911 phone call is admissible as a substitute for the actual recording

and accurately reflects the contents of the recording. The caller’s voice on the recording

has been identified as Riley LaFleur.

12. Exhibits 6 and 8 fairly and accurately reflect the scene, view, or geography they purport

to depict.

13. Exhibit 7 is a true and accurate photograph of evidence recovered from 908 Fuselier

Street, Mamou, Evangeline Parish, Louisiana by Sgt. Fontenot.

14. Exhibits 1, 2, 3, 4, 5, 11, and 13 are kept in the ordinary course of business or as part of

the ordinary conduct of an organization or enterprise where it was part of the ordinary

business of that organization, business or enterprise, to compile the data or information.

The information was made for the purpose of recording the occurrence of an event, act,

condition, opinion or diagnosis that takes place in the ordinary course of the business or

enterprise, entry in the record or the compiling of the data was made at or near the time

when the event took place, and the recording of the event was made by someone who has

personal knowledge of it.

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LOUISIANA CRIMINAL STATUTES

Louisiana Revised Statute 14:29- Homicide

Homicide is the killing of a human being by the act, procurement, or culpable omission of

another. Criminal homicide is of five grades:

(1) First degree murder.

(2) Second degree murder.

(3) Manslaughter.

(4) Negligent homicide.

(5) Vehicular homicide.

Louisiana Revised Statute 14:31- Manslaughter

A. Manslaughter is:

(1) A homicide which would be murder under either Article 30 (first degree murder) or

Article 30.1 (second degree murder), but the offense is committed in sudden passion or heat of

blood immediately caused by provocation sufficient to deprive an average person of his self-

control and cool reflection. Provocation shall not reduce a homicide to manslaughter if the jury

finds that the offender's blood had actually cooled, or that an average person's blood would have

cooled, at the time the offense was committed; or

(2) A homicide committed, without any intent to cause death or great bodily harm.

(a) When the offender is engaged in the perpetration or attempted perpetration of any felony not

enumerated in Article 30 or 30.1, or of any intentional misdemeanor directly affecting the

person; or

(b) When the offender is resisting lawful arrest by means, or in a manner, not inherently

dangerous, and the circumstances are such that the killing would not be murder under Article 30

or 30.1.

B. Whoever commits manslaughter shall be imprisoned at hard labor for not more than forty

years. However, if the victim killed was under the age of ten years, the offender shall be

imprisoned at hard labor, without benefit of probation or suspension of sentence, for not less than

ten years nor more than forty years.

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Louisiana Revised Statute 14:32- Negligent homicide

A. Negligent homicide is either of the following:

(1) The killing of a human being by criminal negligence.

(2) The killing of a human being by a dog or other animal when the owner is reckless and

criminally negligent in confining or restraining the dog or other animal.

B. The violation of a statute or ordinance shall be considered only as presumptive evidence of

such negligence.

C. (1) Except as provided for in Paragraph (2) of this Subsection, whoever commits the crime of

negligent homicide shall be imprisoned with or without hard labor for not more than five years,

fined not more than five thousand dollars, or both.

(2)(a) If the victim killed was under the age of ten years, the offender shall be imprisoned at hard

labor, without benefit of probation, parole, or suspension of sentence, for not less than two nor

more than five years.

(b) If the court does not order the offender to a term of imprisonment when the following two

factors are established, the court shall state, both orally and in writing at the time of sentencing,

the reasons for not sentencing the offender to a term of imprisonment:

(i) The fatality was caused by a person engaged in the operation of, or in actual physical control

of, any motor vehicle, aircraft, watercraft, or other means of conveyance; and

(ii) The offender's blood alcohol concentration contributed to the fatality.

(3) If the victim was killed by a dog or other animal, the owner of the dog or other animal shall

be imprisoned with or without hard labor for not more than five years or fined not more than five

thousand dollars, or both.

D. The provisions of this Section shall not apply to:

(1) Any dog which is owned, or the service of which is employed, by any state or local law

enforcement agency for the principal purpose of aiding in the detection of criminal activity,

enforcement of laws, or apprehension of offenders.

(2) Any dog trained in accordance with the standards of a national or regional search and rescue

association to respond to instructions from its handler in the search and rescue of lost or missing

individuals and which dog, together with its handler, is prepared to render search and rescue

services at the request of law enforcement.

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(3) Any guide or service dog trained at a qualified dog guide or service school who is

accompanying any blind person, visually handicapped person, deaf person, hearing impaired

person, or otherwise physically disabled person who is using the dog as a guide or for service.

(4) Any attack made by a dog lawfully inside a dwelling, a place of business, or a motor vehicle

as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into

the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the

dwelling, place of business, or motor vehicle, and the dog is protecting that property.

(5) Any attack made by livestock as defined in this Section.

E. For the purposes of this Section:

(1) “Harboring or keeping” means feeding, sheltering, or having custody over the animal for

three or more consecutive days.

(2) “Livestock” means any animal except dogs and cats, bred, kept, maintained, raised, or used

for profit, that is used in agriculture, aquaculture, agritourism, competition, recreation, or

silvaculture, or for other related purposes or used in the production of crops, animals, or plant or

animal products for market. This definition includes but is not limited to cattle, buffalo, bison,

oxen, and other bovine; horses, mules, donkeys, and other equine; goats; sheep; swine; chickens,

turkeys, and other poultry; domestic rabbits; imported exotic deer and antelope, elk, farm-raised

white-tailed deer, farm-raised ratites, and other farm-raised exotic animals; fish, pet turtles, and

other animals identified with aquaculture which are located in artificial reservoirs or enclosures

that are both on privately owned property and constructed so as to prevent, at all times, the

ingress and egress of fish life from public waters; any commercial crawfish from any crawfish

pond; and any hybrid, mixture, or mutation of any such animal.

(3) “Owner” means any person, partnership, corporation, or other legal entity owning, harboring,

or keeping any animal.

Louisiana Revised Statute 14:26- Criminal conspiracy

A. Criminal conspiracy is the agreement or combination of two or more persons for the specific

purpose of committing any crime; provided that an agreement or combination to commit a crime

shall not amount to a criminal conspiracy unless, in addition to such agreement or combination,

one or more of such parties does an act in furtherance of the object of the agreement or

combination.

If the intended basic crime has been consummated, the conspirators may be tried for either the

conspiracy or the completed offense, and a conviction for one shall not bar prosecution for the

other.

B. Whoever is a party to a criminal conspiracy to commit any crime shall be fined or imprisoned,

or both, in the same manner as for the offense contemplated by the conspirators; provided,

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however, whoever is a party to a criminal conspiracy to commit a crime punishable by death or

life imprisonment shall be imprisoned at hard labor for not more than thirty years.

C. Whoever is a party to a criminal conspiracy to commit any other crime shall be fined or

imprisoned, or both, in the same manner as for the offense contemplated by the conspirators; but

such fine or imprisonment shall not exceed one-half of the largest fine, or one-half the longest

term of imprisonment prescribed for such offense, or both.

Louisiana Revised Statute 17:1801- Hazing prohibited; penalties

Hazing in any form, or the use of any method of initiation into fraternal organizations in any

educational institution supported wholly or in part by public funds, which is likely to cause

bodily danger or physical punishment to any student or other person attending any such

institution is prohibited.

Whoever violates the provisions of this Section shall be fined not less than ten dollars nor more

than one hundred dollars, or imprisoned for not less than ten days nor more than thirty days, or

both, and in addition, shall be expelled from the educational institution and not permitted to

return during the current session or term in which the violation occurs.

La. Rev. Stat. Ann. § 14:2- Definitions

A. In this Code the terms enumerated shall have the designated meanings:

* * * * *

(3) “Dangerous weapon” includes any gas, liquid or other substance or instrumentality, which, in

the manner used, is calculated or likely to produce death or great bodily harm.

(4) “Felony” is any crime for which an offender may be sentenced to death or imprisonment at

hard labor.

(5) “Foreseeable” refers to that which ordinarily would be anticipated by a human being of

average reasonable intelligence and perception.

(6) “Misdemeanor” is any crime other than a felony.

(7) “Person” includes a human being from the moment of fertilization and implantation and also

includes a body of persons, whether incorporated or not.

(8) “Property” refers to both public and private property, movable and immovable, and corporeal

and incorporeal property.

* * * * *

(12) “Whoever” in a penalty clause refers only to natural persons insofar as death or

imprisonment is provided, but insofar as a fine may be imposed “whoever” in a penalty clause

refers to any person.

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B. In this Code, “crime of violence” means an offense that has, as an element, the use, attempted

use, or threatened use of physical force against the person or property of another, and that, by its

very nature, involves a substantial risk that physical force against the person or property of

another may be used in the course of committing the offense or an offense that involves the

possession or use of a dangerous weapon. The following enumerated offenses and attempts to

commit any of them are included as “crimes of violence”:

(1) Solicitation for murder

(2) First degree murder

(3) Second degree murder

(4) Manslaughter

(5) Aggravated battery

(6) Second degree battery

(7) Aggravated assault

(8) Mingling harmful substances

(9) Aggravated rape

(10) Forcible rape

(11) Simple rape

(12) Sexual battery

(13) Second degree sexual battery

(14) Intentional exposure to AIDS virus

(15) Aggravated kidnapping

(16) Second degree kidnapping

(17) Simple kidnapping

(18) Aggravated arson

(19) Aggravated criminal damage to property

(20) Aggravated burglary

(21) Armed robbery

(22) First degree robbery

(23) Simple robbery

(24) Purse snatching

(25) Extortion

(26) Assault by drive-by shooting

(27) Aggravated crime against nature

(28) Carjacking

(29) Illegal use of weapons or dangerous instrumentalities

(30) Terrorism

(31) Aggravated second degree battery

(32) Aggravated assault upon a peace officer with a firearm

(33) Aggravated assault with a firearm

(34) Armed robbery; use of firearm; additional penalty

(35) Second degree robbery

(36) Disarming of a peace officer

(37) Stalking

(38) Second degree cruelty to juveniles

(39) Aggravated flight from an officer

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(40) Aggravated incest

(41) Battery of a police officer

(42) Trafficking of children for sexual purposes

(43) Human trafficking

(44) Home invasion

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WITNESSES & AFFIDAVITS

WITNESS LISTING:

A. PROSECUTION

1. Charlie Fontenot- police sergeant

2. Jules Mouton- medical examiner

3. Riley LaFleur- KPN chapter president

B. DEFENSE

1. Darby Fruge- defendant/KPN pledge master

2. Dana Comeaux- pathologist

3. Marley Breaux- KPN member

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13TH


STATE OF LOUISIANA


STATE OF LOUISIANA

VERSUS

DARBY FRUGE

AFFIDAVIT

STATE OF LOUISIANA

PARISH OF EVANGELINE

BEFORE ME, the undersigned authority, personally came and appeared,

CHARLIE FONTENOT

who after being duly sworn said that;

1.

My name is Charlie P. Fontenot. I am currently a Sergeant with the Henry Wadsworth

Longfellow University Police Department.

2.

I attended Longfellow University for one year before transferring to Northwestern State

University for my undergraduate degree in criminal justice with a minor in business

administration.

3.

I have been in law enforcement for 13 years. I have Basic and Advanced School

Resource Officer (SRO) certifications, Active Shooter Crisis Response training, Basic and

Advanced Narcotics Interdiction training, Basic Instructor Development (BID), as well as

Detective School training from the Louisiana State Police Academy.

4.

Prior to joining the Longfellow University Police Department, I was an investigator with

the Louisiana College Police Department.

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5.

At approximately 17:08 on August 25, 2012, the Evangeline Parish 911 Service Center

dispatched a call of an unconscious person located at 908 Fuselier Street, Mamou. I arrived on

the scene at 17:27. The Evangeline Parish Emergency Medical Service (EMS) was already on

the scene and inside the location. Upon entry to the residence, I spoke briefly with EMS

personnel, who were loading an unresponsive female onto the stretcher for transport. There were

seven people in the room in addition to the victim, EMS, and myself.

6.

The first person I spoke with identified him/herself as Riley LaFleur, president of the

honors society. LaFleur stated that s/he had been in the upstairs portion of the Kappa Phi Nu

(KPN) house when a pledge came upstairs yelling to call 911 and that Heather Soileau had

collapsed during one of the pledge activities. LaFleur called 911 immediately then went

downstairs to see what happened. While downstairs, Darby Fruge told LaFleur that Ms. Soileau

had simply “fallen out” during the last phase of the Hydro Bowl game.

7.

This game served as the final activity of the initiation week for the society. I am

somewhat familiar with the pledge activities of KPN, having been a pledge my second semester

at Longfellow University before transferring to Northwestern.

8.

I did not become a member of KPN and was told by the then-president of KPN that

another member accused me of cheating on finals. As a result, I transferred to Northwestern and

was accepted into an honors society there.

9.

Immediately following my interview with LaFleur, I interviewed Darby Fruge. Fruge

indicated that s/he was the pledge master for KPN, and that they were completing the last

activity in pledge week before full membership was to be granted. Fruge then said that Ms.

Soileau fell out. I asked what was meant by this and Fruge said that she had to drink more water

after getting a question wrong. After drinking more water, she then fell down and it looked like

she passed out.

10.

I specifically asked if this was a voluntary activity, and Fruge responded that it was. My

initial thoughts and concerns on scene were that perhaps this was an alcohol overdose related to

hazing. I asked if alcohol was involved. Fruge responded “Absolutely not!”, and that I was free

to search the KPN house. Chapter president LaFleur also confirmed the consent to search. Along

with an additional officer, I conducted a search of the KPN house and found a small quantity of

vodka (less than 500mL) in the room of a KPN member who was over twenty-one years old. No

additional alcohol was found on the premises, and it did not appear that the vodka was involved

with the activities in the basement.

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11.

I also spoke to Addison Vidrine who stated that they had all been playing a game which

required pledges to drink large amounts of water as punishment for getting a question wrong.

Vidrine additionally stated that she quit the game because she knew, from her pre-med classes,

that too much water could be harmful.

12.

Correct contact information for all witnesses interviewed was recorded for possible

follow up. With no other indications of criminal activity at the time, I cleared the incident

location and went to the hospital to ascertain Ms. Soileau’s condition.

13.

Upon arriving at the hospital, one of the ER physicians stated that Ms. Soileau never

regained consciousness and died after arriving in the ER. I asked if there were any visible signs

of foul play. The physician stated that there was no overt trauma indicative of foul play, but,

pursuant to state law, there would be an autopsy.

14.

Seeing no criminal conduct at the time, I contacted the student life coordinator at

Longfellow University. I, along with a representative of the school, made contact with the

sheriff’s office in Ms. Soileau’s home parish who notified Soileau’s parents of her death.

15.

At the time, I did not realize that Heather Soileau was the younger sister of Beau Soileau.

I have had numerous law enforcement contacts with Beau Soileau. He was known on campus as

a reckless and uncaring individual, with concern only for his immediate gratification. He was

investigated for several obnoxious campus pranks, which, in my opinion, rose to the level of

criminal conduct, though he was never charged. One of these alleged events was the theft of a

University Police golf cart, along with a statue of the University mascot, the Longfellow Lizards.

16.

Heather Soileau’s autopsy was performed by a medical examiner working under the

authority of the Office of the Coroner for Evangeline Parish. After the autopsy, the cause of

death was noted as brain stem swelling brought on by a case of acute hyponatremia.

Additionally, the medical examiner noted that this was not a natural cause based upon the

volume of water in the victim’s system. The medical examiner was of the opinion that ingestion

of this much water was not normal. An individual’s sense of thirst would not allow for the

voluntary consumption of so much water, and, thus, it was a deliberate and forced act. The ruling

of the coroner’s office was that Heather Soileau’s death was a homicide.

17.

After receiving the autopsy report, I reviewed the case file and spoke, by phone, with

sophomore Addison Vidrine who had been present and questioned on August 25, 2012. She

stated that she and Heather pledged KPN together and that Heather was desperate to fit in and to

be liked. They were roommates during freshman year, and Addison stated that Heather pledged

21

both semesters without receiving an invite from any of the sororities or honors societies. Addison

indicated that she thought Heather would have been so heartbroken if she was rejected by KPN

that she was doing everything that was asked of her, no matter how ridiculous. Addison said she

quit the Hydro Bowl activity because she thought it was unsafe, and she even told pledge master,

Darby Fruge, that she thought it could hurt the other pledges.

18.

During my subsequent investigation, the room in which Ms. Soileau died was

reexamined. Photographs of the room were taken, including a photo of eight water coolers lined

up against one wall of the basement of the KPN house. There were varying amounts of water in

each of the coolers and signs on the coolers used by pledges. Because the scene was not secured

immediately following Ms. Soileau’s death, it is unknown whether the water coolers were used

after the incident in question on August 25, 2012. The cooler marked with the name “Heather”

appeared to have significantly less water remaining than the other coolers.

19.

Based upon the findings of the coroner’s office and information from other pledges that

Fruge was responsible for the pledge activity known as Hydro Bowl, Fruge was arrested and

charged with manslaughter and hazing. Chapter president, Riley LaFleur, was also initially

arrested and charged. LaFleur agreed to testify on behalf of the prosecution and all criminal

charges against him/her were dropped in exchange for his testimony.

20.

After Fruge was arrested, I scheduled an appointment to meet with Addison Vidrine on

September 19, 2012. Unfortunately, Ms. Vidrine died in a car accident on September 12, 2012.

The cause of the accident is still under investigation, and an investigator with the State Police is

handling the suspicious circumstances of the accident. The investigator told me that, although the

findings are still pending, it appears that the braking system of Ms. Vidrine’ car was disabled. As

an investigator, I find it interesting that Ms. Vidrine was in a fatal accident only two days after

Fruge was released on bail.

21.

All of the information attested to herein is based upon my own personal knowledge and is

true and correct, and I am aware of the penalties of perjury.

SIGNED AND SWORN to me on this, the 25th

day of January, 2013.

Charlie Fontenot

Charlie Fontenot

S.D. Cooper

S.D. Cooper, Notary Public

State of Louisiana

My Commission Expires: December 19, 2015

22

13TH


STATE OF LOUISIANA


STATE OF LOUISIANA

VERSUS

DARBY FRUGE

AFFIDAVIT

STATE OF LOUISIANA



JULES MOUTON


1.

My name is Jules Mouton. I am 29 years old. I received my bachelor’s degree in biology

from the University of Miami, and my M.D. from the U.C.- Davis School of Medicine. I have

been in Louisiana for the last two years, since finishing my residency requirements. I won

awards at U.C.- Davis for top scores in the anatomical pathology specialty and graduated third in

my class over all.

2.

I am a board certified physician and licensed in the State of Louisiana through the

Louisiana State Board of Medical Examiner’s (LSBME). I have certifications in internal

medicine as well as anatomical pathology. I serve as an assistant medical examiner for the State

of Louisiana and handle cases from various coroners’ offices which call upon us. I have seen all

of the usual causes of death, from drowning to shootings, stabbings, and, of course, auto

fatalities.

23

3.

On the morning of August 29, 2012, we received a body from the Evangeline Parish

Coroner’s Office. The body was of a Caucasian female whose outward physical appearance

seemed to be that of an older teenager. The Henry Wadsworth Longfellow University Police

Department positively identified the body as Heather Soileau, 19 years of age, of Bunkie,

Louisiana.

4.

According to the records from the emergency room physician, Soileau arrived at the

emergency room in an unresponsive state with fixed, dilated pupils and shallow, labored

breathing. Time of death was 18:40 on Saturday, August 25, 2012.

5.

The autopsy was conducted at 10:00 on Thursday, August 30, 2012. Physical

examination of the body revealed marks of external trauma consistent with a fall from

intermediate height. No other marks of trauma were noted. The only external markings on the

body were red nail polish on the toes and fingers and a tattoo of an alligator with a heart around

it located on the outside of the right ankle. This was noted in the autopsy filings. The body

weighed 145 pounds, 8 ounces and was 65 inches in length. The body was dressed in a white

t-shirt and tan shorts. There was no indication that the body had been dressed or that clothing

was altered post mortem.

6.

The autopsy revealed that all organs appeared unremarkable in coloration, size, and

weight, with the exception of a distended bladder and an extremely swollen brain stem. I

determined the cause of death was swelling of the brain stem due to the consumption of a lethal

amount of water. This is known as acute hyponatremia.

7.

There are cases of hyponatremia in the United States every year. The vast majority of

fatal hyponatremia cases occur in infants and the elderly. To say it is strange that a teenager

would die of this would be an understatement. I have never seen a fatality from hyponatremia

before this case. I have read about it in the medical textbooks, and I am familiar with the

symptoms and the physiological effects. Hyponatremia is a painful way to die. Imagine drinking

so much fluid that your kidneys cannot keep up, and you cannot relieve the fluid from your

system. You literally drown in your own cells. When the urinary system cannot flush the excess

fluid from the body, the cells begin to absorb the excess fluid. Some cells absorb water until they

burst and can actually cause the victim to appear to have blotchy skin from these burst cells.

Swelling of the brain stem typically also occurs. Swelling of the brain stem is particularly

dangerous because, if not counteracted, coma and ultimately death occur. Among other things,

the brain stem controls consciousness, breathing, heartbeat, eye movements, pupil reactions,

swallowing, and facial movements. Furthermore, all of the sensations transmitted to the brain, as

well as the signals transmitted from the brain to the muscles, must pass through the brain stem.

Without a clear path for these signals to travel to and from the brain, it is as if the head has been

chopped off.

24

8.

Soileau’s sodium serum levels were off the charts at the low end of the scale. Sodium

serum levels indicate the amount of water an individual has consumed. Soileau’ s low numbers

warranted further urinalyses and blood work. After receiving the results of these tests, I

concluded that such massive water consumption could not have been voluntary. Ms. Soileau died

as a direct result of human intervention.

9.

The death certificate notes the cause of death as acute hyponatremia, along with

confirmation of homicide, as opposed to natural causes. It is unlikely that the condition was

accelerated or exacerbated by any other factors. I later learned that, after the autopsy and my

ruling of homicide, the Longfellow Police Department resumed its investigation into the

circumstances of Ms. Soileau’s death and have charged Riley LaFleur and Darby Fruge in her

death.

10.

I understand that Dr. Comeaux is testifying for the Defense and disagrees with my

conclusion. While I have the utmost respect for Dr. Comeaux, I believe that medical advances in

the field of pathology have passed him/her by. In addition, I attended medical school with Dr.

Comeaux’s son, who later lost his license to practice medicine due to a drug conviction. Over the

years, I have spoken to Dr. Comeaux, on many occasions and at length, about the practice of

medicine and have been dismayed that his/her focus has turned from service to the public to the

financial rewards of being an expert witness, or “a hired gun.”

11.


true and correct , and I am aware of the penalties of perjury.



Jules Mouton

Jules Mouton, M.D.

S.D. Cooper


State of Louisiana


25

13TH


STATE OF LOUISIANA


STATE OF LOUISIANA

VERSUS

DARBY FRUGE

AFFIDAVIT

STATE OF LOUISIANA



RILEY LAFLEUR


1.

My name is Riley LaFleur, and I am the president of the Alpha Psi Chapter of Kappa Phi

Nu (KPN) honors society at Henry Wadsworth Longfellow University. I turned 22 on December

9, 2012. During the school year, I live at the KPN house at Longfellow University. During the

summer, I typically travel out of the country to see more of the world. I am a senior with a 4.0

GPA and have already been accepted to law school once I graduate. I have been in KPN for three

years. I was elected pledge master for a year before running for and being elected president of

the chapter.

2.

Although KPN has Greek letters identifying it much like the traditional fraternities and

sororities do, KPN is quite a bit different. First, KPN is co-ed. Second, KPN has a much higher

GPA standard than any of those groups. Third, KPN does true services for the community.

Finally, KPN is an organization that gains membership by invitation only based on brains; not

necessarily beauty or popularity. But, KPN does have a few things in common with the

26

traditional Greek organizations on campus. The University requires KPN officers to attend the

same trainings as the officers in traditional Greek organizations.

3.

I have greatly enjoyed my time at Longfellow University. I have worked hard to move up

through the ranks of KPN. I became president of the chapter this year and have some great plans

for the year. Things have really been derailed since then.

4.

Darby Fruge joined KPN at the same time I did. Darby was always happier working with

new members or “pledges,” as they are often called. Darby loved the process of screening and

admitting new members and thinking of fun events to build unity within KPN. Darby learned the

ropes of being the pledge master like I did, from Heather’s older brother Beau. Beau put us

through the ringer with the Hydro Bowl game. Darby was miserable after we were done that day,

but Darby and Beau became fast friends after the experience. They began to hang out all of the

time. I am willing to bet that Darby was with Beau when the University Police golf cart was

stolen.

5.

The KPN Longfellow Epic Games (“LEGS”) are held every year. All of the KPN officers

review the proposed activities for the “LEGS” to make sure that we do not run into trouble with

the University’s hazing policies. Until this year, we never even had a visit from the University

Police Department, much less had KPN been sanctioned in any way by Longfellow

Administration. Last year, when I was pledge master, everyone had a great time and nobody

died from Hydro Bowl. It is awful that Darby cannot say the same this year.

6.

This year, Darby seemed fixated on pushing the pledges further than we had in previous

years. I said it was not a good idea and even thought the Hydro Bowl, which Darby was so fond

of, was probably close to hazing. I told Darby about a lady I read about who died from drinking

too much water and not going to the restroom as a part of a radio contest to win a Nintendo Wii.

But, Darby insisted that Hydro Bowl was not hazing because it was voluntary and that nobody

was told they could not go to the restroom, but that s/he would call the University Student

Affairs Office to ask. I have no idea if Darby ever did call, or what s/he was told if s/he did call.

Either way, Darby said s/he was moving forward with the Hydro Bowl. We argued about it, and

I decided that I did not want to be present for the game. I probably should have double checked

behind Darby, but I was busy settling back into the fall semester routine. I was around for most

of the other pledge week activities, and they all seemed to go pretty well. Everyone was having a

good time, especially with the silly string fight.

7.

When the Hydro Bowl game started, I headed upstairs to my room to study. After awhile,

I heard Addison Vidrine yelling for a phone and for someone to call 911. Addison looked lost

and was wandering around the house when I came downstairs. I realized that she had never been

inside the main portion of the house since she was just a pledge. I called 911 while asking what

the problem was. Addison said that one of the pledges passed out. That happens to people from

27

time to time, but they could not get her to wake up. That scared me. I went down to the basement

level with Addison. We opened the outside doors of the basement, and everyone waited for

EMS. Darby and a couple others were trying to wake Heather up the whole time. EMS arrived

and took Heather out on a stretcher. Heather was a quiet and somewhat silly person and had not

taken the pledge process seriously enough for Darby all week. I am sure that Darby was

punishing her with Hydro Bowl. The cop thought it might have been an alcohol poisoning and

hazing incident since it was pledge week all over campus.

8.

Before Sgt. Fontenot left, Darby and I were interviewed about what happened. Sgt.

Fontenot asked if it was okay to search the house for alcohol since there were appearances that

alcohol could be involved. Darby and I both told him to feel free to search the house, so Sgt.

Fontenot and Cpl. Broussard did. Of course, they did not find anything. I found out later that

evening from the University Director of Student Affairs that Heather died.

9.

A couple days later, Sgt. Fontenot and another officer came back to the house and said

that Hydro Bowl was considered hazing and manslaughter. They said the water was forced on

Heather and that she died from the excessive water and that it was our fault. They arrested Darby

and took me down to an interview room at the police department. I was told that I could be held

responsible too because I was the chapter president and it happened while I was responsible for

the honors society. The police gave me a choice. I could sit at the prosecution table or the

defense table. You do not have to have a 4.0 in biomedical engineering to realize the

implications of that decision. I am sure it was Darby’s meanness and pushing events too far that

got Heather Soileau killed. I am sitting at the right table.

10.





Riley LaFleur Riley LaFleur

S.D. Cooper


State of Louisiana


28

13TH


STATE OF LOUISIANA


STATE OF LOUISIANA

VERSUS

DARBY FRUGE

AFFIDAVIT

STATE OF LOUISIANA



DARBY FRUGE


1.

My name is Darby Fruge. I am 21 years old, and will turn 22 on May 22, 2013. I live at

the Kappa Phi Nu (KPU) house at Henry Wadsworth Longfellow University during the school

year. For the last two years, I have subleased apartment space during the summer so that I can

stay in town to take summer classes. I am a senior at Longfellow University. I have a 3.985

GPA with a triple major in political science, psychology and social work. I plan to go back to

school for a masters in social work after finishing undergrad then hope to work with homeless

youth.

2.

I have been a member of the KPN honors society since 2010. I was the first pledge

initiated to the chapter that year, and I loved it. I have been to every social, mixer, pledge event,

and public service opportunity that KPN has had since I started. I love that KPN members can

have great parties, and we can all get together to help others in the community by supporting

causes like Habitat for Humanity and the Tri-Parish Food Bank and hosting events like the

Henry Wadsworth Longfellow University Blood Drive and Dress for Success.

29

3.

For the last two years, I have assisted the other pledge masters, including Riley LaFleur. I

was asked to be the pledge master this year. I have taken my role seriously because I think that

everyone who joins KPN should take the honor and responsibility seriously as well. As pledge

master, my job is to make sure that KPN pledges are the highest caliber students at the

University and are knowledgeable about the University, the KPN chapter, and the community

that we serve. I am responsible for all of the paperwork that the pledges complete and sign as

they work toward joining KPN. Part of my job is to request the pledges’ transcripts so we can

know their GPAs, to get their medical history charts which outline any health problems that we

needed to be aware of, and to make the pledges sign a general liability release and waiver that

the University insists that we get before letting the pledges participate in any events. Every

pledge this semester was a sophomore. According to my records, all of the pledges completed

and submitted the required paperwork.

4.

Like in most years, this year’s pledge class was a mix of guys and girls. Our rigorous

GPA requirements mean that we invite fewer to join. Everyone was having a good time during

pledge week and was enjoying the activities. It is not hazing or anything like what I have been

accused of doing. Everyone was notified in writing at the beginning of the week that

participation in the activities was optional. I even said it on the first day at the welcome. All

pledges got a copy of the activities for the week and a copy of the rules they had to follow. The

rules said that the activities were optional. The rules were not any big deal really, and just said

that the pledges all had to wear the same color shirts and shorts every day of the week, they

could not have cell phones, and they were not allowed anywhere in the KPN house except for the

basement. Sure, I may have teased some of them when they talked about not wanting to do

things or complained that the activities were taking too much of their time, but I never told

anyone they could not quit an activity. It was all part of the fun of bringing in new people and

making new friends.

5.

The activities were all funny and sometimes foolish and were designed for everyone to

get to know each other better and to test the pledges’ knowledge of the University and the KPN

chapter. There were washer games in the back yard with members versus pledges. We had a

water balloon game where everyone stood at attention on the front lawn and the members stood

on the roof and threw water balloons at pledges who did not answer the chapter questions

correctly. There were silly string fights on the back lawn for the pledges to “get even” with the

members who had been giving them a hard time all week. Then, there was the final activity of

the week, the annual Hydro Bowl game. This is where things went horribly, horribly wrong, but

it was not my fault.

6.

We all knew then and we all know now that forcing people to drink beer, especially if

they are underage, is a great way to get in a world of trouble. That is why we liked Hydro Bowl

so much. We all sat in on the University required sessions about hazing and how we could not

haze pledges, and on and on. That session was such a bore. We all knew that you could not force

people to drink alcohol or do humiliating things. That is why we had the water balloon activity,

30

the silly string fight, the scavenger hunt, and the Hydro Bowl. After an argument with Riley, I

called the University Office on Student Affairs several times to be sure that Hydro Bowl was not

hazing. I left voicemails with a description of what KPN was doing. I never got a call back from

any of my messages, so it must have been okay. We have been doing Hydro Bowl for years and

never had a problem before August 25th

.

7.

In Hydro Bowl, we use the traditional-looking Jeopardy!-like gridded screen projected on

a wall and the pledges take turns answering questions just like on the real show. The catch was

that, instead of getting points for correct answers and losing points for incorrect answers, the

pledges have to drink from water coolers along the wall if they get answers wrong. If someone

forgets to put the answer in the form of a question, then they have to drink even more water as a

penalty. The pledges have to drink for as long as I count aloud. You know, 1-Mississippi, 2-

Mississippi, and so on. If they answer a question wrong, they have to drink until I count to 5. If

they do not phrase the answer in the form of a question, then I make them drink for a 10 count.

No big deal, it is just water. Besides, it is not like I was going to top the things that happened

when Riley was pledge master. Every year, there is an unspoken and unwritten challenge for the

pledge master to add something to the KPN pledge activities or to push the limits of what kinds

of activities we were going to do. As the pledge master, you just have to push the pledges a little

harder than the person before you.

8.

Heather was lousy at Hydro Bowl. I think she was intentionally being a clown. She kept

getting answers wrong and then laughing as she walked to the water coolers for her penalty

drink. Sometimes she would “forget” to put the answer in the form of a question so there were

even more penalties. Addison Vidrine, one of the other pledges who was a pre-med student, said

she thought it was not a good idea to play the game but did not say why. I asked her why she said

it was not a good idea and all she said was she remembered her pre-med professor saying it was

bad. What does that even mean? Like you have to use the bathroom too much from drinking a lot

of water? Or what? She ended up quitting Hydro Bowl and sat at the back of the room after that.

9.

I do not remember Addison saying anything about Heather looking ill.

10.

I think we had been playing Hydro Bowl for about an hour and a half when Heather made

that fatal turn back from the coolers. She just kind of fell forward and down on the carpet. At

first, I thought she was just being a clown, and I told her to get up. I got concerned when she did

not move. I went over to her and rolled her over. She was breathing but appeared to have passed

out. I thought that was an odd time to pass out. It is not like we were outside in the heat, like she

was dehydrated or had been doing anything strenuous. I tried to wake her up a couple of times by

shaking her a little bit and calling her name. We even got some water from the water coolers and

splashed it on her face, but it made no difference. That is when we all got scared and knew we

needed to call an ambulance. It was only a few minutes before I yelled for someone to call 911.

There was no phone in the room where we were playing the game. I do not carry a cell phone

when I am conducting activities so that the pledges can see that I am also following the rules.

31

Addison Vidrine ran upstairs in search of a phone. A little while later Riley came downstairs on

the phone and said that the EMS was on the way. After that, the paramedics came, loaded her on

the stretcher and took her away. I answered some questions from the cop that arrived who said it

did not look like we did anything wrong. I even told them to search the whole house when they

asked if her condition could be due to alcohol hazing. They searched and, of course, there was no

alcohol. KPN is not that kind of organization.

11.

Four days later the cop came back and arrested me. I did not haze anyone. And, I darn

sure did not kill anyone. Heather Soileau could have stopped drinking water at any time. She

even signed a waiver saying that she knew that pledge week activities were voluntary.

12.

Look, I am friends with Beau Soileau. I have known Heather Soileau for years. She used

to visit her brother on campus on the weekends, and she even did some of the service projects

with us while she was still in high school. In fact, we kept her from engaging in some of the

more inappropriate social activities around campus. There is no way that I would have let her

continue if I had known that she was in danger.

13.


true and correct, and I am aware of the penalties of perjury



Darby Fruge Darby Fruge

S.D. Cooper


State of Louisiana


32

13TH


STATE OF LOUISIANA


STATE OF LOUISIANA

VERSUS

DARBY FRUGE

AFFIDAVIT

STATE OF LOUISIANA



DANA COMEAUX


1.

My name is Dr. Dana Comeaux. I have a degree in internal medicine from Johns Hopkins

University and hold certifications in Anatomical and Clinical Pathology as well as Forensic

Pathology and Anthropology. I have been a Fellows Professor of Pathology at the University of

Oregon for the last six years. Prior to that, I was the Associate Director of the University of

Michigan Forensic Anthropology Facility. It is more commonly referred to as the “Body Farm.”

It is a facility in which medical examiners, anthropologists, and law enforcement officials study

all manners of death and decomposition in order to make better decisions in criminal

investigations and to make more thorough diagnoses in autopsy procedures. I have been

contracted by both prosecutors and defense firms for over 15 years as an expert in the fields of

pathology and decomposition, and to determine the timeline of death. My average annual income

as an expert (separate and apart from my Fellowship at the University) has been approximately

$200,000 per year for the past five years, before taxes and overhead.

33

2.

I was contracted by the defense to look into Heather Soileau’s death. For purposes of my

investigation, I examined Heather’s health records, the medical release, the emergency room

record, her death certificate, and the Coroner’s report. These documents were all released to the

defense by the district attorney’s office. My report is based on the assumption that these reports

are Heather Soileau’s full and complete records and that no other records or information is

available through other means.

3.

The autopsy conducted by the State properly shows that the swelling of Heather’s brain

stem ultimately caused her death. What the State missed in its overzealous attempt to lay blame

on what should more properly be termed an accident is Heather Soileau’s underlying health

conditions. Assistant Medical Examiner Mouton appears to be fascinated with the idea of a death

from hyponatremia. I can certainly remember being fascinated by some of the more obscure

deaths that I saw when I first cut my teeth as a pathologist.

4.

According to the medical records provided by the district attorney’s office, Ms. Soileau

had a family history of thyroid problems. Hypothyroidism is a direct cause of acute

hyponatremia and some resulting fatalities. There is no mention of this condition or Heather’s

family history of hyperthyroidism in the medical waiver statement obtained by the State from the

KPN honors society. Certainly, if someone was suffering from this condition or the family had a

history of it, it should have been checked and other health precautions should have been taken,

including but not limited to, warnings about volume of water intake and salt consumption.

Without the disclosure of this information to the KPN members, they could not reasonably make

accommodations for Ms. Soileau or even know what type of activities might be harmful to her.

5.

Regardless of recent media hype, death from acute hyponatremia is a rare event. Other

questions about Ms. Soileau’s death remain. Acute hyponatremia is often best dealt with in the

field and en route to the hospital. I saw nothing in the emergency room record to reflect that

EMS properly diagnosed Heather Solieau’s condition as acute hyponatremia before arriving at

the emergency room. If this had been done, multiple treatment regimens for the condition could

have been put into place to lessen Heather’s brain stem swelling, preventing brain damage and

death.

6.

Additionally, in reviewing the autopsy report and associated blood work, I noted that

Heather’s sodium serum levels were depressed but certainly not in the critical range. Based on

the report, the brain stem swelling is much more consistent with a reaction of the hyperthyroid to

an influx of water rather than to the water alone. In addition to evaluating sodium serum levels,

when acute hyponatremia is suspected, a seasoned pathologist draws fluid from the bladder to

gain a baseline for the volume of water that was in the deceased’s system at the time of death.

This was not done by Dr. Mouton. If this had occurred in my lab, I would consider it a

fundamentally basic error. Without this baseline information to know how much water was in

Heather’s bladder, it is difficult, if not impossible, to determine the volume of water in her

34

system, thereby making it impossible to rule out hypothyroidism or to establish acute

hyponatremia as the sole cause of brain stem swelling and ultimate death.

7.

I have known Dr. Mouton since s/he was my son’s classmate in medical school.

According to my son, Steve, Jules was not a very impressive student. Steve even said that Jules

cheated off of him during exams. Further evidence of Jules’s lack of academic aspirations is the

fact that Jules has never pursued any further specialization or teaching fellowships and has never

been published. He is clearly not my son’s equal.

8.

What happened to Ms. Soileau was a horrible accident for which the community and

Longfellow University should grieve, but, given the lack of disclosure and the lack of diagnosis

by medical professionals involved with this case, I do not see how anyone but Ms. Soileau can

be held responsible for her death.

9.

I am aware that Dr. Mouton believes that I am nothing more than a mercenary for the

highest dollar, but I base my opinions on the medical records alone. I am compensated for my

time regardless of my opinion, and my opinion is not swayed by whoever is paying my bill.

10.





Dana Comeaux Dana Comeaux, M.D.

S.D. Cooper


State of Louisiana


35

13TH


STATE OF LOUISIANA


STATE OF LOUISIANA

VERSUS

DARBY FRUGE

AFFIDAVIT

STATE OF LOUISIANA



MARLEY BREAUX


1.

My name is Marley Breaux. I am 20 years old and am a junior at Longfellow University.

I live in the Hoffoss Dormitory. I am in my second year as a member of Kappa Phi Nu (KPN)

honors society. I have known Darby Fruge since I was a freshman. Darby was a student assistant

to the professor in my orientation class, and we have been friends ever since. I think Darby is

crazy over the rules and rituals of KPN, but this has not caused any problems in our friendship.

Darby learned all these rules and rituals from Beau Soileau, Heather Soileau’s brother. Even

though Beau was Darby’s pledge master, they were good friends, even after the pledge week

initiation chaos. Because they were so close, I do not think Darby would have done anything to

deliberately hurt Heather. Beau and Darby had a blast together at Longfellow University, and

they are both really nice folks. Beau is a strong American, and he felt the call to service so much

that he joined the Army right after college and is currently serving in Iraq.

2.

For me, membership in KPN is something special that I can point to on my college

resume. I did not and do not care about the socials and all the other events. KPN is just a resume

36

builder for many of us. It makes us look good. Darby encouraged me to join KPN. I gave it

considerable thought and decided to join. I told Darby up front that I was not going to do all the

foolish things and junk that they try to push off on the pledges. Darby didn’t like it, but s/he

ultimately had no choice because the KPN charter says that being a member is only dependent

upon maintaining a certain GPA and paying dues to the charitable funds account. KPN uses

those funds to pay for supplies for the Habitat for Humanity projects and other charitable events.

There are usually several pledges that join each year who never participate in the silly KPN

activities and who never move into the KPN house. One of the forms that we all sign when we

join KPN says that we do not have to do any of the games or pledge activities and that the

activities are for building unity within KPN.

3.

Darby and Riley have never gotten along. The two were always at each other’s throats

about one thing or another. Some people just cannot get along. Riley thinks s/he is going to save

the world and that everything KPN does must be linked to that goal. Riley and Darby have

fought before because Riley thinks the games and activities that Darby organizes take up too

much of KPN’s time. On top of that, they worked together on the pledge class last year when

Riley was the pledge master. Darby did not push the limits any further than Riley did last year.

At the last KPN meeting, just before pledge week started, Riley even told Darby that there was

no way Darby could top last year’s pledge week. I do not know if Riley meant the number of

pledges or the kind of activities that would take place during pledge week.

4.

I also remember when Beau was the pledge master. I do not think that Darby did

anything beyond what Beau did. In fact, when I talked to Beau at Heather’s funeral, Beau said he

thought this was a tragic accident and could not believe there were criminal charges. Beau used

the Hydro Bowl game as a part of the Longfellow Epic Games just like Riley and Darby did.

Someone did pass out during Beau’s term as pledge master, but I do not remember which

activity that happened during. Actually, it probably had more to do with the stress of pledge

week or the Louisiana heat than any KPN activity. Beau was deployed to Iraq shortly after the

funeral.

5.

I was not around when Heather died, but I was in the basement watching the festivities

before it happened. It is always funny to laugh at the pledges who take everything so seriously,

especially Hydro Bowl. While I was there, Heather was being a clown and had to drink more

water than the rest. Before I wandered out to go watch some of the fall football practice, I heard

Addison Vidrine tell Heather to stop playing. Darby laughed it off and asked Heather if she

wanted to continue, and she said she did. That was when I wandered out.

37

6.

I talked to Darby and others the next day about the Hydro Bowl and everyone said that

nothing unusual happened. Nothing out of the ordinary went down during Hydro Bowl or any of

the other games played by KPN. I am sure Addison was teased a little when she quit playing the

game, but Hydro Bowl did not kill her, and she still had the opportunity to become a full member

of KPN. I think Darby was equally hard on all the pledges, not anyone in particular. If Heather

could see that other people were quitting with no negative consequences, then there was no

reason she could not have quit too -- especially if she was not feeling well. Darby told me that

Addison was saying she heard drinking too much water could be bad, but she never told anyone

there why or how it was bad. I think, like everyone else who was present, Addison was just

trying to find a way to get out of the game without looking like a wimp. I later asked Addison

what she meant by “bad,” and she told me that people could die from drinking too much water.

7.

I don’t understand how anyone could think what Darby did was wrong. Other people did

not do the activities and still became members, pledges had to sign medical waivers, and the

papers say that you do not have to participate. How did Darby do anything wrong? Heather could

have quit at any time, but she always was a little irresponsible about her safety. When she was

still in high school and visited Beau on campus, she would try to attend parties where alcohol

was being served.

8.

Riley will do anything to stay out of trouble and is blaming others for what was a weird

accident. I think Riley is trying to throw Darby under the bus with this whole hazing business.

All Riley cares about is staying out of trouble and getting rich after graduation. I think Riley

would do or say anything to keep a clean record and to have an impressive resume. In fact, when

the police golf cart was stolen, Riley told the other KPN members that if the cart was anywhere

on KPN property, that it had better be moved to another Greek house or s/he was going straight

to the police.

9.





Marley Breaux Marley Breaux

S.D. Cooper


State of Louisiana


38

EXHIBITS

Exhibit Number Exhibit Description

1 Transcript of 911 Telephone Call

2 Longfellow University Police Department Incident Report

Dated 8/25/2012

3 Longfellow University Police Department Incident Report

Dated 9/4/2012

4 Savoy Regional Medical Center Emergency Room Records

5 Evangeline Parish Coroner’s Office Records

6 Photograph of Kappa Phi Nu House

7 Photograph of Plastic Cup Used by Heather Soileau

8 Photograph of Water Coolers in KPN Basement

9 News Report of Hyponatremia Fatality

10 WebMD.com Medical Report on Hyponatremia

11 Medical Release & Liability Waiver Form

12 Kappa Phi Nu Pledge Rules

13 State of Louisiana Death Certificate for Heather Soileau

14 Dr. Dana Comeaux Report

STIPULATION REGARDING EXHIBITS

The parties stipulate to the authenticity of all exhibits provided in the case materials.

No objections to the authenticity of any exhibit will be allowed. Any such objection

regarding authenticity will be denied.

The admissibility of the exhibits at trial is not stipulated.3

Either party may introduce the exhibits, subject to the applicable Rules of Evidence and

applicable stipulations.

3 The only exception to this is that the admissibility of the transcript of the 911 call is stipulated to and cannot be

challenged based on the lack of the actual 911 recording. The caller is stipulated to be Riley LaFleur. Any and all

other challenges to the admissibility of the transcript allowed pursuant to the Mock Trials rule remain at issue.

39

Evangeline Parish 911 Service Center

Transcript, August 25, 2012, 17:06 Page 1

Dispatch: "Emergency 911. Is your emergency Police, Fire, or Medical?”

Caller 1: “I'm at the KPN house at 908 Fuselier Street in Mamou. One of the pledges has passed

out. We need an ambulance in a hurry.”

Dispatch: “I need your name and location, please.”

Caller 1: “My name is Riley LaFleur.”

Dispatch: “Can you confirm the address?”

Caller 1: “It’s the KPN house on Fuselier Street. 908 Fuselier Street at Longfellow University.”

Dispatch: “EMS Unit 7, Prepare to copy.”

EMS Unit 7: “EMS Unit 7. Go ahead dispatch.”

Dispatch: “Report of a person unconscious at 908 Fuselier Street, Mamou. No further information

available at this time. Your incident number is 8-25-00219, and time of dispatch is

17:07.”

EMS Unit 7: “EMS Unit 7 copies. We are in route to 908 Fuselier Street for report of an unconscious

person. We have an ETA (estimated time of arrival) of ten minutes.”

Dispatch: “Good copy.”

Dispatch: “LUPD (Longfellow University Police Department) 29, prepare to copy.”

LUPD Unit 29: “LUPD Unit 29. Go ahead dispatch.”

Dispatch: “Report of a person unconscious at 908 Fuselier Street, Mamou. No further information

available at this time. EMS en route. Your incident number is 8-25-00219, and time of

dispatch is 17:08.”

Exhibit 1

40



LUPD Unit 29: “LUPD Unit 29 copies. En route to 908 Fuselier Street for report of person unconscious.

29 also copies EMS en route. Time is 17:09.”

Dispatch: “Good copy.”

Dispatch: “I've dispatched police and EMS to 908 Fuselier Street, but it's a long street. Do you

know the nearest cross-street?"

Caller 1: “We're near the intersection of West Savoy Street. It's a big white two-story house with

double brick steps and three dormers on the roof. They can't miss it.”

Dispatch: “OK, I just want you to stay on the line with me. We need to know what's going on.”

Caller 1: “OK.”

Dispatch: “"Do you know the name of the individual who passed out?”

Caller 1: “"Yes, it's Heather Soileau.”

Dispatch: “Do you know whether Heather has any medical conditions? Is she on any medications?”

Caller 1: “I don't know.”

Dispatch: “Is Heather conscious?”

Caller 1: “No she’s not, but she’s breathing really shallow.”

EMS Unit 7: “Dispatch, EMS 7.”

Dispatch: “Go ahead EMS 7.”

EMS Unit 7: “EMS 7 on scene.”

Dispatch: “Copy. EMS Unit 7 on scene at 17:26.”

LUPD Unit 29: “Dispatch, LUPD Unit 29.”

Dispatch: “Go ahead LUPD 29.”

41



LUPD Unit 29: “LUPD Unit 29 on scene.”

Dispatch: “Copy. LUPD Unit 29 on scene at 17:27.”

Caller 1: “Thank goodness, the ambulance is here. Thank you. Thank you. I'm going now.” –

CALL ENDS

EMS Unit 7: “Dispatch, EMS Unit 7.”

Dispatch: “Go ahead EMS 7.”

EMS Unit 7: “One unconscious female, respiratory distress. En route Savoy Regional Medical Center

Medical Center cleared from 908 Fuselier Street.”

Dispatch: “Copy. EMS Unit 7 clear from 908 Fuselier Street at 17:34, en route to Savoy Regional

Medical Center with one unconscious female, respiratory distress.”

42

HENRY WADSWORTH LONGFELLOW UNIVERSITY POLICE DEPARTMENT Mamou, Louisiana (318-555-4567)

INCIDENT REPORT (PRINT OR TYPE ALL INFORMATION)

EVEN

T

Incident Type Completed

Forced Entry

Premise Type

Units Entered

Type Victim _X_Individual ___Business ___Gov’t. ___Other

Assisting Evang.Parish EMS _XYes __No

__Yes X_No

Residentia

l

1

__Yes __No

__Yes __No

Incident Location 908 Fuselier Street

Zip Code

70554

Weapon Type

Incident Date

8-25-2012

24 Hour Clock

17:27

TO Date

8-25-2012

24 Hour Clock

19:05

Complainants Name (Last, First, Middle)

LaFleur, Riley

Relationship to Subject

N/A

Daytime Phone

(318)

555-

1212

Evening Phone

(318)

555-1212

Address 908 Fuselier Street

City

Mamou

State

LA

Zip Code

70554

SUB

JEC

T N

O. 1

Name (Last, First, Middle) AKA Physical Peculiarities, Scars, Tattoos, Facial Hair, Glasses, Clothing, Etc.

Address City State Zip Code

Subject Under Influence: ___ Yes ____No Substance(s):__________

Arrest Made: _____ Yes _____No

Date/Time of Arrest:

Date/Time of Offense:

Exhibit 2

Incident # 8-25-00219

Page 1

43


SUPPLEMENTAL INCIDENT REPORT (PRINT OR TYPE ALL INFORMATION)

NA

RR

ATI

VE

Responding Officer (RO) arrived on scene at above date and time in reference to unresponsive female at Kappa Phi Nu

House. In the basement area of the house, EMS was working on what appeared to be an unconscious teenage female.

RO made contact with Chapter President Riley LaFleur, Pledge Master Darby Fruge, and pledge Addison Vidrine.

Based upon experience, RO had probable cause to believe this was alcohol-related initiation. RO inquired with LaFleur

and Fruge as to the age of the female and whether or not alcohol was being used. Both denied any alcohol and stated

that the female, Heather Soileau, had merely passed out. During this time EMS cleared the scene to Savoy Regional

Center with Soileau. RO requested and was granted permission to search the premises for alcohol.

Additional officers arrived on scene shortly afterwards. Once additional officers were at the residence, RO and Cpl.

Broussard conducted a thorough search of the premises. 500 ml. of vodka was discovered in the room of one

resident who was over twenty-one (21) years old. No other illicit substances were discovered. RO interviewed

pledge Addison Vidrine following the consent search for alcohol. Vidrine stated that the game in which all pledges

were playing required them to drink water as a punishment if they answered questions wrong. RO asked if this was

Hazing, and Vidrine stated that she felt it was, but she quit the game, so maybe it was not. RO asked why Vidrine

felt this was hazing and Vidrine state that she heard in a pre-med class that too much water was harmful. Seeing

nothing that constituted a criminal violation RO cleared the scene, and drove to Savoy Regional Medical Center

CONTINUED IN SUPPLEMENTAL NARRATIVE SECTION

AD

MIN

ISTR

ATI

VE

Subject Identified: ___ Yes ____No

Subject Located ___ Yes ____No

___Active ___Adm. Closed ___Unfounded

___Arrest (<18) ___Arrest (>18)

__Ex-Clear (<18) __Ex-Clear (>18)

Reason for Exceptional Clearance: ____ Offender Death ____ No Prosecution ____ Extraction Denied _____ Victim Declines Operation _____ Juvenile _____ Other

Reporting Officer Date 24 Hour Clock

Approving Officer Date Unit Number

Sgt. Charlie Fontenot 8/25/2012 20:11 Lt. Chabert 8/29/2012 589

Follow-Up Investigation Required: _X_ Yes ____No

SUB

JEC

T N

O. 2

Name (Last, First, Middle) N/A

AKA Physical Peculiarities, Scars, Tattoos, Facial Hair, Glasses, Clothing, Etc.

Address City State Zip Code

Subject Under Influence: ___ Yes ____No Substance(s):_____________________

Arrest Made: _____ Yes _____No Date/Time of Arrest:




S U P P L E M E N T A L N A R R A T I V E Date: 8/25/2012 24 Hour Clock: 19:05

Incident # 8-25-00219

Page 2

Incident # 8-25-00219

Page 3

44

to interview Ms. Soileau as to the circumstances of her collapse. Upon arrival at Savoy RMC, RO met with ER

physician on call, Dr. Ashley Smith. Dr. Smith stated that Ms. Soileau never regained consciousness and died subsequent

to her arrival at Savoy RMC. RO inquired about signs of trauma indicative of criminal intervention at her death.

Dr. Smith stated that there was no evidence of any overt trauma which would have resulted in her death. As with state

law, an autopsy would be performed. The body was transported by the Evangeline Parish Coroner’s office to the

Medical Examiner’s office. RO consulted with Lt. Chabert regarding the fatality of a student, and RO was assigned

to attend the autopsy. RO then made contact with the Dean of Student Life at Longfellow University and made

Contact with Avoyelles Parish Sheriff’s Office (APSO). APSO handled notification of death to deceased’s parents.

Reporting Officer Date 24 Hour Clock Supervising Officer Sgt. Charlie Fontenot 8/25/2012 20:11 Lt. Chabert

45


INCIDENT REPORT (PRINT OR TYPE ALL INFORMATION)

EVEN

T

Incident Type Completed

Forced Entry

Premise Type

Units Entered

Type Victim _X_Individual ___Business ___Gov’t. ___Other

Manslaughter _X Yes __ No

__Yes X_No

Residentia

l

1

Hazing _X Yes __ No

__Yes X_No

Residentia

l

1

Incident Location

908 Fuselier Street, Mamou, LA

Zip Code

70554

Weapon Type

UNK

Incident Date

8-25-2012

24 Hour Clock

17:27

TO Date

8-25-2012

24 Hour Clock

19:05

Victim’s Name (Last, First, Middle) Soileau, Heather

Relationship to Subject In Care of

Daytime Phone

UNK

Evening Phone

UNK

Address 1021 University Avenue, Longfellow University

City

Mamou

State

LA

Zip Code

70554

SUB

JEC

T N

O. 1

Name (Last, First, Middle)

Fruge, Darby

AKA

None

Physical Peculiarities, Scars, Tattoos, Facial Hair, Glasses, Clothing, Etc.

None Address

908 Fuselier Street

City

Mamou

State

LA

Zip Code

70554

Subject Under Influence: Alcohol: ___Yes _X_No ___ Unk Drugs: ___Yes ___No _X_ Unk Substance(s):__________________

Arrest Made: _X___ Yes _____No


8/29/2012 13:45


8/25/2012 17:27

Exhibit 3

Incident # 8-25-00219

Page 1

46



NA

RR

ATI

VE

Following the homicide ruling of the Coroner’s Office in re: Heather Soileau, Investigating Officer questioned LaFleur

and Fruge. Based upon further questioning, this officer did arrest and charge LaFleur and Fruge with manslaughter

and hazing. Addison Vidrine was out of town when contacted, but agreed to an interview upon her return to the

Longfellow University campus. Interview was set for September 19, 2012 at the HWLUPD.

AD

MIN

ISTR

ATI

VE

Subject Identified: _X_ Yes ____No

Subject Located _X__ Yes ____ No

_X_Active ___Adm. Closed ___Unfounded

___Arrest (<18) _X_Arrest (>18)

__Ex-Clear (<18) __Ex-Clear (>18)

Reason for Exceptional Clearance: ____ Offender Death ____ No Prosecution ____ Extraction Denied _____ Victim Declines Operation _____ Juvenile _____ Other

Reporting Officer Date 24 Hour Clock

Approving Officer Date Unit Number

Sgt. Charlie Fontenot 9/4/2012 16:38 Lt. Chabert 9/4/2012 589

Follow-Up Investigation Required: _X_ Yes ____No

SUB

JEC

T N

O. 2

Name (Last, First, Middle) LaFleur, Riley

AKA None

Physical Peculiarities, Scars, Tattoos, Facial Hair, Glasses, Clothing, Etc. None

Address

908 Fuselier Street

City

Mamou

State

LA

Zip Code

70554

Subject Under Influence: Alcohol: ___Yes _X_No ___ Unk Drugs: ___Yes _X_No ___ Unk Substance(s):_____________________

Arrest Made: _X___ Yes _____No


8/29/2012 13:45


8/25/2012 17:27



S U P P L E M E N T A L N A R R A T I V E Date: 9/4/2012 24 Hour Clock: 16:38

Incident # 8-25-00219

Page 2

Incident # 8-25-00219

Page 3

47

Riley LaFleur is identified as a second subject.

Reporting Officer Date 24 Hour Clock Supervising Officer Sgt. Charlie Fontenot 9/4/2012 16:45 Lt. Chabert

48

Savoy Regional Medical Center 1303 Landry Highway

Mamou, LA 70554

318-555-1111

PATIENT NAME: Heather Soileau DATE: 8/25/2012

BILLING ADDRESS: 1021 University Avenue

Mamou, LA 70554 TIME OF ARRIVAL: 17:50

CONTACT NUMBER: N/A TIME OF TREATMENT: 17:51

INSURANCE COMPANY: UnitedHealthCare Louisiana DATE OF BIRTH: 06/19/1993

INSURANCE PHONE NUMBER: 888-555-9000 POLICY NUMBER: UHLA5408999

EMPLOYER: None/Student EMPLOYER NUMBER: N/A

IF UNDER AGE OF 18, GUARDIAN NAME: N/A CONTACT NUMBER: N/A

VITAL SIGNS: BLOOD PRESSURE 101/50 PULSE 68bpm

AGE 19 years old WEIGHT 145lbs

BLOOD TYPE: B+

CURRENT MEDICATIONS: None known at admission

ALLERGIES: None known at admission

PHYSICIAN OF RECORD: Dr. Ashley Smith NURSE ON DUTY: Shayna Sonnier, RN

REASON FOR VISIT NOTED BY PATIENT: N/A – Patient arrived unconscious via EMS

OBSERVATIONS MADE BY PHYSICIAN: Patient arrived by Evangeline Parish EMS. Patient was in an

unresponsive state with fixed pupils and labored breathing.

TREATMENT PERFORMED: Administered steroid to allow for ease of breathing. Immediately following

injection, patient’s heart stopped. Code alarm triggered, immediate resuscitation efforts began, Shot of

Adrenaline injected, AED paddles charged and executed four times, RN Sonnier administered rebreathing bag

for approximately 20 minutes. Following 20 minutes of unsuccessful life support, Time of Death was called and

resuscitation efforts ceased.

DIAGNOSIS: Acute respiratory arrest

MEDICATIONS PERSCRIBED: Anabolic Steroid, Adrenaline,

ADMITTANCE DATE/TIME: 17:50

RELEASE DATE/TIME: Time of Death Notated at 18:40. Subsequent release to the Evangeline Parish

Coroner’s Office.

FOLLOW-UP NEEDED: N/A

REFERRED TO: Evangeline Parish Coroner’s Office

___Ashley Smith, MD_________8/25/2012______ __________________________________________

PHYSICIAN’S SIGNATURE DATE PATIENT’S SIGNATURE DATE

Exhibit 4

Emergency Room Report

49

STATE OF LOUISIANA LOUISIANA FORENSIC CENTER

CORONER’S RECORD

City Mamou Parish Evangeline Case No. 2012-890012 Name of Deceased Heather Soileau Residence of Deceased 1021 University Avenue, Longfellow University Mamou, LA 70554

Age 19 years, 2 months, 6 days DOB 06/19/1993 Race Caucasian Height/Weight 65” 145lbs, 8oz

MANNER OF DEATH

( ) Natural ( X ) Homicide ( ) Suicide ( ) Accident ( ) Undetermined ( ) Other

CAUSE OF DEATH Swollen brain stem as a result of acute Hyponatremia

LAST SEEN Date 8/25/2012 Hour n/a Place 908 Fuselier St. FOUND Date 8/25/2012 Hour 17:26 Place 908 Fuselier St. INJURY Set forth below. PRONOUNCED Date 8/25/2012 Hour 18:40 Place Dr. Ashley Smith NOTIFIED Date 8/26/2012 Hour 11:25 By Lt. Marvin Clark, APSO

BODY IDENTIFIED BY

( X ) Fingerprints ( X ) State ID Card ( ) Photographs ( ) Family

AUTOPSY

AUTHORIZED BY Coroner Egelstein CORONER NOTIFIED Yes PRESENT AT AUTOPSY Sgt. Charlie Fontenot, Longfellow University Police Dept., Investigating Officer

SUSPECT(S)

MORGUE INFORMATION NAME Savoy RMC Date Received 8/25/2012 Hour 19:05 BODY REMOVED FROM Savoy Regional Medical Center TRANSPORTED BY D.W. Earles

PURPOSE

( X ) Autopsy ( ) Limited Dissection ( ) External Exam ( ) History Review PERFORMED BY Dr. Jules Mouton Date 8/29/2012 Hour 10:15

SIGNED Dr. Jules Mouton Date 8/29/12

APPROVED Dr. Sam Montgomery Date 8/29/12

EXHIBIT 5

Page 1

50

In accordance with the Louisiana Revised Statute 33:1563, an autopsy is performed on the body Heather Soileau at the Louisiana Forensic Center in Baton Rouge, Louisiana, on Wednesday, August 29, 2012, commencing at 10:15 hours. EXTERNAL, EXAMINATION: Body is that of an adult female, approximately 65" in height, and weighing 145 lbs. 8oz, consistent with the documented age of 19 years. Body is received wrapped in a black zippered disaster bag, and is identified by an attached name tag and clad in the following articles of clothing:

1. White shirt and tan colored shorts with multiple pockets were worn. KPN pin worn at the upper right of shirt. Gas station receipt and one container of Burt’s Bees Wax lip gloss were located in the front right pocket. No other contents found.

2. Tan colored flip flops. Body was refrigerated, and is cool to the touch. The blood from the body pooled evenly in the lower portions of the body as it presents on the examination table. Rigor mortis is fully fixed in the extremities and jaw. Red scalp hair ranges to an estimated 14 inches. Irises are hazel. Equal pupils are .118 inch. Whites of the eyes do not show blood vessels indicative of strangulation. Ears and nose are without discharge. Mouth is in good condition. Lips, gums, and tongue are moist. Symmetric neck is mildly pinched but otherwise without note. Chest is normal size and is without lesion. Upper chest area still has medical leads attached from resuscitation efforts at Savoy Regional Medical Center. Hands have moderate length, irregular nails red in color, with minimal dirt underneath. Dorsal right forearm has multiple

purple contusions extending from the dorsal hand to the forearm. A 1‐inch group of blue ink lines is on the left outer hand. Bilateral shins lack significant edema. An indistinct 6‐inch purple contusion is around the left knee and matching on the right knee. Skin of the bilateral shins, extending to the feet is without note. Additional superficial healed scars range to 1 inch. Varicose veins of both feet are prominent at the arches and insteps. Toenails are short to moderate in length, painted red, and minimally irregular. Pooling of blood in the upper back is prominent with multiple blotchy spots. Remaining extremities and back are without lesion. EVIDENCE OF MEDICAL INTERVENTION: A single electrocardiographic lead is on the upper left chest. Injection site is visible where IV port is still present and in place on the inside of the right forearm. Marks from AED paddles are visible on the opposing chest sides in locations consistent with emergency cardiac resuscitation efforts. Intubation tube is still present in upper trachea extending out of the mouth. Patient identification is still present on left wrist.

EVIDENCE OF INJURY: A 1‐inch group of abrasions is on the dorsal right elbow, indicative of a fall of intermediate height. INTERNAL EXAMINATION: The following excludes the described injuries. Soft tissues and typically positioned internal organs lack unusual odor or color. Soft tissues and internal organs have mild breakdown of cells/tissue by self-produced enzymes.

CAVITIES: The serosal cavities have usual smooth glistening tan‐pink lining. Tissues around the heart have no fibrous adhesions and contain estimated 110 ml of fluid without clot. Remaining cavities are without excess fluid accumulation.

CARDIOVASCULAR: The 360‐gram heart is smooth and glistening with mildly increased fat tissue. The valves, delicate cords, and papillary muscles are without note. The chambers of the heart that receive blood from the veins are acutely dilated.

LIVER / GALLBLADDER: The 2260‐gram liver has a smooth glistening capsule. The pale yellow‐brown tissue is soft and without discreet gross lesion. The liver is without note. The typically positioned gallbladder contains an estimated 15 ml of green sticky bile without stone; the duct is open and unobstructed. RESPIRATORY: The examination of neck musculature lacks blood or lesion. The intact typically minimally hyoid bone is situated between the base of the tongue and the larynx supporting the tongue, larynx and their muscles are without note.

The typically branching tracheobronchial tree has a smooth glistening tan‐pink mucosa without lesion. A moderate quantity of pink froth is within the lower bronchial tree. The typically formed 560‐gram right and 530 gram left lung have

Page 2

51

smooth glistening membranes. Each is well aerated, deep purple red to pink parenchyma which issues a small quantity of pink froth but which otherwise has no discreet gross lesion. The pulmonary blood vessels are without note. GASTROINTESTINAL: The typically formed tongue, esophagus, junction involving the stomach and the esophagus, and lining of the digestive tract are without note. The stomach contains an overabundance of water. The gastric tubular organ contains an estimated 550 ml of yellow‐green thick opaque fluid and includes partially digested pizza. The small and large bowels are enlarged from excessive water presence but are without significant gross lesion.

GENITOURINARY: The 190‐gram right and 210 gram left kidney have smooth red‐brown outward appearances and distinct junctions. The pelvis contains no stone and drains freely to the unobstructed organs, which empty typically to the bladder. The urinary bladder contains an estimated 750 ml of clear pale to clear urine. The urinary bladder is markedly grossly enlarged.

NEUROLOGICAL: The 1420‐gram brain has a distinct grey‐white matter. The symmetric hemispheres are without gross lesion. The grey‐white matter separation is distinguishable. The brainstem and the cerebellum located between the brain stem and the back of the cerebrum have significant swelling. Further detail notes excessive fluid in the area. At the brain stem area, excessive swelling noted. Likely nerve damage. MUSCULOSKELETAL: The typically formed skeleton is without note. The intact vertebrae, ribs, pelvis and extremity long bones are without note. OTHER PROCEDURES:

1. Documentary photographs obtained. 2. Blood, urine, bile, and other fluids submitted for toxicological analysis. 3. Blood submitted for blood analysis. 4. Head and body hair submitted. 5. Clothing submitted for chemical determination.

AUTOPSY FINDINGS: At the time of death, this was a healthy adult female, showing no natural cause of death or traumatic injury. Toxicological testing per report: no alcohol, nor narcotics – prescription.

OPINION: Based upon the medical science reports, as well as physical observation, this otherwise healthy 19‐year‐old female, Heather Soileau, died from an overdose of water resulting in an acute case of hyponatremia. The volume of water found in the decedent’s system was sufficient to alter the sodium serology balance, and would undoubtedly be lethal for someone of Soileau's height and weight. Based upon this information, a lethal overdose of water was neither accidental nor self‐inflicted. MANNER OF DEATH: Deceased died of acute hyponatremia through criminal intervention.

Page 3

52

EXHIBIT 6

53

EXHIBIT 7

54

Exhibit 8

55

(CBS/AP) Homicide detectives are investigating the death of a woman believed to have been killed by drinking too much water in a radio station contest. On a tape of the Jan. 12 show, disc jockeys on KDND-FM's "Morning Rave" joke about the possible dangers of consuming too much water, at one point alluding to a college student who died during such a stunt in 2005. During the contest, a listener - self-identified as a nurse - called the live radio broadcast and warned that the game was dangerous, CBS News station KOVR-TV reported. "I want to say that those people drinking all that water can get sick and die from water intoxication," said the caller. "Yeah, we're aware of that," one of them said. Another DJ laughed: "Yeah, they signed releases, so we're not responsible. We're OK." "And if they get to the point where they have to throw up, then they're going to throw up, and they're out of the contest before they die, so that's good, right?" another one said. The Sacramento County Sheriff's Department decided to pursue the investigation Wednesday after listening to the tape, obtained by The Sacramento Bee newspaper, sheriff's spokesman Sgt. Tim Curran said. Jennifer Lea Strange, a 28-year-old mother of three, was one of about 18 contestants who tried to win a Nintendo Wii gaming console by determining how much water they could drink without going to the bathroom. The show's DJs called the contest "Hold your Wee for a Wii." "Hey, Carter, is anybody dying in there?" a DJ asked during the show. "We got a guy who's just about to die," the other responded, and all the DJs laughed. "I like that we laugh about that," another said. "Make sure he signs the release. ... Get the insurance on that, please." Strange participated in the contest during the morning in the studio and was found dead that afternoon. The county coroner said preliminary autopsy findings indicate she died of water intoxication. Other contestants said Strange may have ingested as much as two gallons of water. Several hours into the contest, Strange was interviewed on the air and complained that her head hurt. "They keep telling me that it's the water. That it will tell my head to hurt and then it will make me puke," she said. Strange won the second-place prize, tickets to a Justin Timberlake concert. She commented on the tape that she looked pregnant, and a female DJ agreed. "Oh, my gosh, look at that belly. That's full of water. ... Come on over, Jennifer, you OK?" the DJ asked. "You going to pass out right now? Too much water?" The winner of the contest, Lucy Davidson, said she collapsed just 15 minutes after leaving the station with her prize. "I didn’t know what was wrong with me. I just knew I had never felt so sick in my life," Davidson told KOVR. Davidson said Strange's stomach protruded over her waist as the contest ended. "As soon as we went to the bathroom we both came out of the stalls. I looked over at her and she probably looked as pale as I did," Davidson said. On Tuesday, KDND's parent company, Entercom/Sacramento, fired 10 employees connected to the contest, including three morning disc jockeys. The company also took the morning show off the air. Station spokesman Charles Sipkins said Wednesday that the company had not yet heard from the sheriff's department but that it would cooperate with the investigation. Attorneys for the Strange family said Wednesday they plan to file a wrongful death lawsuit against the radio station.

© 2009 CBS Interactive Inc. All Rights Reserved. Reproduced under license. [http://www.cbsnews.com/2100-201_162-

2369761.html]

Exhibit 9

56

WebMD.com Medical Report on Hyponatremia Background

Serum sodium concentration and serum osmolarity normally are maintained under precise control by homeostatic mechanisms involving stimulation of thirst, secretion of antidiuretic hormone (ADH), and renal handling of filtered sodium. Clinically significant hyponatremia is relatively uncommon and is nonspecific in its presentation; therefore, the physician must consider the diagnosis in patients presenting with vague constitutional symptoms or with altered level of consciousness. Irreparable harm can befall the patient when abnormal serum sodium levels are corrected too quickly or too slowly. The physician must have a thorough understanding of the pathophysiology of hyponatremia to initiate safe and effective corrective therapy. The patient's fluid status must be accurately assessed upon presentation, as it guides the approach to correction. Hypovolemic hyponatremia Total body water (TBW) decreases; total body sodium (Na+) decreases to a greater extent. The extracellular fluid (ECF) volume is decreased. Euvolemic hyponatremia TBW increases while total sodium remains normal. The ECF volume is increased minimally to moderately but without the presence of edema. Hypervolemic hyponatremia Total body sodium increases, and TBW increases to a greater extent. The ECF is increased markedly, with the presence of edema. Redistributive hyponatremia Water shifts from the intracellular to the extracellular compartment, with a resultant dilution of sodium. The TBW and total body sodium are unchanged. This condition occurs with hyperglycemia or administration of mannitol. Pseudohyponatremia The aqueous phase is diluted by excessive proteins or lipids. The TBW and total body sodium are unchanged. This condition is seen with hypertriglyceridemia and multiple myeloma. Pathophysiology Serum sodium concentration is regulated by stimulation of thirst, secretion of ADH, feedback mechanisms of the renin-angiotensin-aldosterone system, and variations in renal handling of filtered sodium. Increases in serum osmolarity above the normal range (280-300 mOsm/kg) stimulate hypothalamic osmoreceptors, which, in turn, cause an increase in thirst and in circulating levels of ADH. ADH increases free water reabsorption from the urine, yielding urine of low volume and relatively high osmolarity and, as a result, returning serum osmolarity to normal. ADH is also secreted in response to hypovolemia, pain, fear, nausea, and hypoxia. Aldosterone, synthesized by the adrenal cortex, is regulated primarily by serum potassium but also is released in response to hypovolemia through the renin-angiotensin-aldosterone axis. Aldosterone causes absorption of sodium at the distal renal tubule. Sodium retention obligates free water retention, helping to correct the hypovolemic state. The healthy kidney regulates sodium balance independently of ADH or aldosterone by varying the degree of sodium absorption at the distal tubule. Hypovolemic states, such as hemorrhage or dehydration, prompt increases in sodium absorption in the proximal tubule. Increases in vascular volume suppress tubular sodium reabsorption, resulting in natriuresis and helping to restore normal vascular volume. Generally, disorders of sodium balance can be traced to a disturbance in thirst or water acquisition, ADH, aldosterone, or renal sodium transport. Hyponatremia is physiologically significant when it indicates a state of extracellular hyposmolarity and a tendency for free water to shift from the vascular space to the intracellular space. Although cellular edema is well tolerated by most tissues, it is not well tolerated within the rigid confines of the bony calvarium. Therefore, clinical manifestations of hyponatremia are related primarily to cerebral edema. The rate of development of hyponatremia plays a critical role in its pathophysiology and subsequent treatment. When serum sodium concentration falls slowly, over a period of several days or weeks, the brain is capable of compensating by extrusion of solutes and fluid to the extracellular space. Compensatory

Exhibit 10

57

extrusion of solutes reduces the flow of free water into the intracellular space, and symptoms are much milder for a given degree of hyponatremia. When serum sodium concentration falls rapidly, over a period of 24-48 hours, this compensatory mechanism is overwhelmed and severe cerebral edema may ensue, resulting in brainstem herniation and death.

Frequency United States: Hyponatremia is the most common electrolyte disorder, with a marked increase among hospitalized and nursing home patients. A 1985 prospective study of inpatients in a US acute care hospital found an overall incidence of approximately 1% and a prevalence of approximately 2.5%. On the surgical ward, approximately 4.4% of postoperative patients developed hyponatremia within 1 week of surgery. Hyponatremia has also been observed in approximately 30% of patients treated in the intensive care unit. International: Though clearly not indicative of the overall prevalence internationally, hyponatremia has been observed in as high as 42.6% of patients in a large acute care hospital in Singapore and in 30% of patients hospitalized in an acute care setting in Rotterdam.

Mortality/Morbidity Pathophysiologic differences between patients with acute and chronic hyponatremia engender important differences in their morbidity and mortality.

Patients with acute hyponatremia (developing over 48 h or less) are subject to more severe degrees of cerebral edema for a given serum sodium level. The primary cause of morbidity and death is brainstem herniation and mechanical compression of vital midbrain structures. Rapid identification and correction of serum sodium level is necessary in patients with severe acute hyponatremia to avert brainstem herniation and death.

Patients with chronic hyponatremia (developing over more than 48 h) experience milder degrees of cerebral edema for a given serum sodium level. Brainstem herniation has not been observed in patients with chronic hyponatremia. The principal causes of morbidity and death are status epilepticus (when chronic hyponatremia reaches levels of 110 mEq/L or less) and cerebral pontine myelinolysis (an unusual demyelination syndrome that occurs in association with chronic hyponatremia).

The distinction between acute hyponatremia and chronic hyponatremia has critical implications in terms of morbidity and mortality and in terms of proper corrective therapy.

Sex Overall incidence of hyponatremia is approximately equal in males and females, though postoperative hyponatremia appears to be more common in menstruant females. Age Hyponatremia is most common in the extremes of age; these groups are less able to experience and express thirst and less able to regulate fluid intake autonomously. Specific settings that have been known to pose particular risk include the following:

Infants fed tap water in an effort to treat symptoms of gastroenteritis

Infants fed dilute formula in attempt to ration

Elderly patients with diminished sense of thirst, especially when physical infirmity limits independent access to food and drink

Clinical History

The number and severity of symptoms increase with the degree of hyponatremia and the rapidity with which it develops. When the serum sodium level falls gradually, over a period of several days or weeks, sodium levels as low as 110 mEq/L may be reached with minimal symptomatology. In contrast, an equivalent fall in serum sodium level over 24-48 hours may overwhelm compensatory mechanisms, leading to severe cerebral edema, coma, or brainstem herniation.

Symptoms range from mild anorexia, headache, and muscle cramps, to significant alteration in mental status including confusion, obtundation, coma, or status epilepticus.

Hyponatremia is often seen in association with pulmonary/mediastinal disease or CNS disorders. Hyponatremia must be considered in patients with pneumonia, active tuberculosis, pulmonary abscess, neoplasm, or asthma, as

58

well as in patients with CNS infection, trauma, or neoplasm. Patients with carcinoma of the nasopharynx, duodenum, stomach, pancreas, ureter, prostate, or uterus also have an increased risk.

Hyponatremia is associated with numerous medications. The patient's medication list should be examined for drugs known to cause hyponatremia.

Hyponatremia has been noted in patients with poor dietary intake who consume large amounts of beer (called beer potomania) and after use of the recreational drug N- methyl-3,4-methylenedioxyamphetamine (ie, MDMA or ecstasy). MDMA-induced hyponatremia occurs via multiple mechanisms; these include the induction of syndrome of inappropriate antidiuretic hormone (SIADH), the encouragement to drink large amounts of water to prevent unpleasant side effects of the drug, and the tendency among those intoxicated to be involved in vigorous physical activity that results in heavy sweating.

A history of hypothyroidism or adrenal insufficiency should be sought because each is associated with hyposmolar hyponatremia.

Patients with clinically significant hyponatremia present with nonspecific symptoms attributable to cerebral edema. These symptoms, especially when coupled with a recent history of altered fluid balance, should suggest the possibility of hyponatremia.

o Anorexia o Nausea and vomiting

o Difficulty concentrating

o Confusion

o Lethargy

o Agitation

o Headache

o Seizures

Physical Physical findings are highly variable and dependent on the degree and the chronicity of hyponatremia. Patients with acutely developing hyponatremia are typically symptomatic at a level of approximately 120 mEq/L. Those patients with chronic hyponatremia tolerate much lower levels.

Most abnormal findings on physical examination are characteristically neurologic in origin. o Level of alertness ranging from alert to comatose o Variable degrees of cognitive impairment (e.g., difficulty with short-term recall; loss of orientation to person, place, or time; frank confusion or depression) o Focal or generalized seizure activity o In those patients with acute severe hyponatremia, signs of brainstem herniation, including coma; fixed, unilateral, dilated pupil; decorticate or decerebrate posturing; sudden severe hypertension and respiratory arrest

In addition to neurologic findings, patients may exhibit signs of hypovolemia or hypervolemia. Determining the hydration status of the patient may help establish the etiology of the hyponatremia and direct subsequent treatment.

o Dry mucous membranes, tachycardia, diminished skin turgor, and orthostasis suggest hypovolemic hyponatremia due to excessive loss of body fluids and replacement with inappropriately dilute fluids. o Pulmonary rales, S3 gallop, jugular venous distention, peripheral edema, or ascites suggest hypervolemic hyponatremia due to excess retention of sodium and free water (ie, cirrhosis, nephrotic syndrome, congestive heart failure). o Patients who lack findings of hypovolemia or hypervolemia are considered to have euvolemic hyponatremia, which is consistent with such etiologies as exogenous free water load, hypothyroidism, cortisol deficiency, or SIADH.

Other nonspecific signs include muscle weakness and cramping. Rhabdomyolysis is an occasional consequence of hyponatremia and should be considered in patients with muscle pain or tenderness.

59

Causes

Hypovolemic hyponatremia develops as sodium and free water are lost and replaced by inappropriately hypotonic fluids, such as tap water, half-normal saline, or dextrose in water. Sodium can be lost through renal or nonrenal routes. Nonrenal routes include GI losses, excessive sweating, third spacing of fluids (eg, ascites, peritonitis, pancreatitis, burns), and cerebral salt-wasting syndrome.

Excess fluid losses (e.g., vomiting, diarrhea, excessive sweating, GI fistulas or drainage tubes, pancreatitis, burns) that have been replaced primarily by hypotonic fluids

o Acute or chronic renal insufficiency, in which the patient may be unable to excrete adequate amounts of free water o Salt-wasting nephropathy o Cerebral salt-wasting syndrome seen in patients with traumatic brain injury, aneurysmal subarachnoid hemorrhage, and intracranial surgery. Cerebral salt- wasting must be distinguished from SIADH because both conditions can cause hyponatremia in neurosurgical patients, and yet the pathophysiology and treatment are different. o Prolonged exercise in a hot environment, especially in patients who hydrate aggressively with hyposmolar fluids during exertion. Severe symptomatic hyponatremia has been reported in marathon runners and in recreational hikers in the Grand Canyon.

Euvolemic hyponatremia implies normal sodium stores and a total body excess of free water. This occurs in patients who take in excess fluids.

o Psychogenic polydipsia, often in psychiatric patients o Administration of hypotonic intravenous or irrigation fluids in the immediate postoperative period o In a recent meta-analysis, administration of hypotonic maintenance intravenous fluids to hospitalized children has been associated with an increased incidence of acute hyponatremia compared with administration of isotonic maintenance fluids. o Infants who may have been given inappropriate amounts of free water o Ingestion of sodium phosphate or sodium picosulfates and magnesium citrate combination as a bowel preparation before colonoscopy or colorectal surgery o SIADH

Hypervolemic hyponatremia occurs when sodium stores increase inappropriately. o This may result from renal causes such as acute or chronic renal failure, when dysfunctional kidneys are unable to excrete the ingested sodium load. It also may occur in response to states of decreased effective intravascular volume. o History of hepatic cirrhosis, congestive heart failure, or nephrotic syndrome, in which patients are subject to insidious increases in total body sodium and free water stores

Uncorrected hypothyroidism or cortisol deficiency (adrenal insufficiency, hypopituitarism)

Consumption of large quantities of beer or use of the recreational drug MDMA (ecstasy)

Hyponatremia can be caused by many medications. Known offenders include acetazolamide, amiloride, amphotericin, aripiprazole, atovaquone, thiazide diuretics, amiodarone, basiliximab, angiotensin II receptor blockers, angiotensin-converting enzyme inhibitors, bromocriptine, carbamazepine, carboplatin, carvedilol, celecoxib, cyclophosphamide, clofibrate, desmopressin, donepezil, duloxetine, eplerenone, gabapentin, haloperidol, heparin, hydroxyurea, indapamide, indomethacin, ketorolac, levetiracetam, loop diuretics, lorcainide, mirtazapine, mitoxantrone, nimodipine, oxcarbazepine, opiates, oxytocin, pimozide, propafenone, proton pump inhibitors, quetiapine, sirolimus, ticlopidine, tolterodine, vincristine, selective serotonin reuptake inhibitors, sulfonylureas, trazodone, tolbutamide, venlafaxine, zalcitabine, and zonisamide.

60

MEDICAL RELEASE AND WAIVER OF LIABILITY Kappa Phi Nu (KPN) Alpha Psi Chapter

Participant: Heather Soileau Phone: (318) 555-4589 . Addresss: 1021 University Avenue, HWLU, Mamou, LA, 70554 DOB: 06/19/1993 Name of Emergency Contact: Margie Soileau. . Phone : (318) 555- 6421 .

I hereby certify that I am physically fit to participate in Kappa Phi Nu (KPN). HS . I hereby consent to be a participant in events sponsored by KPN Honors Society and/or the Kappa Phi Nu Foundation. HS . By signing this contract, I agree to abide by the rules and regulations of KPN and its events. HS . I understand that by signing this contract, I am releasing from liability: KPN Honors Society, its chapters and the KPN

Foundation and its members, employees, officers, agents, sponsors, judges, coaches and managers, in connection with any

injury to or death of the above named participant. HS .

WARNING: I am aware that playing or practicing to play/participate in any sport can be a dangerous activity involving many risks

of injury. I understand that the dangers and risks of playing or practicing to play/participate in the above mentioned event(s) include,

but are not limited to, death, serious neck and spinal injuries which may result in complete or partial paralysis, injury to virtually all

bones, joints, ligaments, muscles, tendons and other aspects of the skeletal system, and serious injury or impairment to other aspects of

my body, general health and well-being. I understand that the dangers of playing or practicing to play/participate in the above

mentioned activities may result not only in serious injury, but also in serious impairment of my future abilities to earn a living, to

engage in other business, social and recreational activities and generally enjoy my life.

ACKNOWLEDGEMENT OF WARNING: I (student) Heather Soileau , hereby acknowledge that I have been properly

advised, cautioned, and warned by the proper personnel of KPN Darby Fruge , that by participating in such event, I am exposing

myself to the above described risks.

Signature of Participant: Heather Soileau Date: 8/19/2012 .

Signature of Witness: Darby Fruge Date: 8/19/2012 .

GENERAL RELEASE OF ALL CLAIMS:

General Release made 8/19/2012 by Heather Soileau student of Henry Wadsworth

Longfellow University residing at 1021 University Avenue, (street) Mamou, LA, (city/state)

70554 (zip).

In consideration of permission granted by me by KPN Honors Society to participate in KPN, Heather Soileau , I hereby release

and discharge KPN Honors Society, its chapters and KPN Foundation, and their members, employees, officers, agents, sponsors,

coaches, judges and managers, from all claims, demands, actions, judgments, and executions which the undersigned’s heirs, executors,

administrators, or assigns may have or claim to have against KPN Honors Society, its chapters and KPN Foundation, their members,

employees, officers, agents, sponsors, coaches, judges, and managers for all injuries or death to me, Heather Soileau, including personal injuries or death caused by negligence, or otherwise, known or unknown, and injuries to property, real or personal,

caused by, or arising out of the above event(s). I, the undersigned, have read this general release and understand all of its terms. I

execute it voluntarily and with full knowledge of its significance. In witness whereof, I have executed this general release the day and

year set forth above written.

MEDICAL HISTORY / IMPAIRMENTS: Please note any prior injuries or medical history which would preclude you from

participating in KPN activities: none________________. (Use additional sheet attached to back if necessary).

Signature of Participant: Heather Soileau Date: 8/19/2012

Signature of Witness: Darby Fruge Date: 8/19/2012

Exhibit 11

61

PLEDGE RULES

KAPPA PHI NU

Alpha Si Chapter

Henry Wadsworth Longfellow University

1. Wear pledge pin all of the time (including on pajamas and on towels to and from the shower etc.).

2. Carry pledge book at all times (this includes to and from the shower etc.).

3. Address members as "Ms." and “Mr.”; a pledge may never address a member by their first name.

4. All pledges will wear tan shorts and white shirts without logos or graphics on them during pledge week.

5. Possession of cell phones by pledges during pledge week is prohibited.

6. Pledges are not allowed in any area of the KPN house except the basement via the basement entrance

until full membership status is attained.

7. Mandatory pop quizzes initiated by members at any time.

8. Must carry backpacks to and from classes for members with the same course.

9. Must transport any member who calls upon a pledge at any time and from any location within the metro

area.

10. Mandatory memorization of every song, local chapter affiliation, and all portions of the lengthy KPN

constitution is required.

11. Prepare a pledge class song and skit and perform it whenever and wherever requested.

12. Wear a pledge clothing item to all University sponsored athletics activities.

Demerits may be received for any rule infraction.

Demerits must be atoned for before full initiation.

Atonement for demerits may include any of the following at a member’s request: washing

laundry, picking up meals at the Lucky Duck Café on campus, washing members’ cars,

singing the KPN song during lunch in the Student Union, swimming through across the

bayou in front of the University President’s home, or any other appropriately formulated task

assigned by a full member.

Exhibit 12

62

State of Louisiana – Department of Health & Hospitals

Office of the State Registrar & Vital Records

Death Certificate

1. Place of Death: (Parish) Evangeline (City) Mamou

2. Local Registrar Information: Register No. Name of Facility Where Death Occurred

3. D E C E A S E D : F U L L NAME Heather Soileau . AGE AT DEATH: 19 years, 2 months, 6 days

ADDRESS: 1021 University Avenue, HWLU, Mamou, LA, 70554

PERSONAL AND STATISTICAL PARTICULARS MEDICAL CERTIFICATE OF DEATH

4. Sex

F 5. Color of Race

Caucasian 6. Marital Status

Single 22. DATE OF DEATH (month, day and year)

August, 25, 2012

a. If married, widowed, or divorced HUSBAND or WIFE of

23. I HEREBY CERTIFY, That I attended deceased from

8/25/2012 to 8/25/2012. I last saw Heather Soileau alive on

8/25/2012, death is said to have occurred on the date stated above, at

18:40. The principal cause of death and related cause of importance in

order of onset were as follows:

7. DATE OF BIRTH (month, day, year) 06/19/1993

8. AGE 19 Years 2 Months 6 Days Date of Onset

OC

CU

PA

TIO

N

9. Trade, profession or particular kind of work done as spinner, lawyer, bookkeeper, etc.

Severe Respiratory Distress 8/25/2012

10. Industry or business in which work was done, as silk mill, saw mill, bank, etc. Unrecovered Cardiac Arrest 8/25/2012

11. Date deceased last worked at this occupation (month and year)

12. Total time (years) spent in this occupation Was this death due to pregnancy or to childbirth? If so, state which.

13. BIRTHPLACE (city or town) Alexandria

(State or Country) Louisiana Contributory causes of importance not related to principal cause.

Respiratory arrest

FA

TH

ER 14. NAME Lance Soileau Name of operation Date .

15. BIRTHPLACE ( city or town) Marksville, Louisiana What test confirmed diagnosis? Was there an autopsy? Y

MO

TH

ER 16. NAME Margie Hanes Soileau 24. If death was due to external causes (violence) fill in the following:

17. BIRTHPLACE ( city or town) Alexandria, Louisiana Accident, suicide, or homicide? Date of Injury Where did the injury occur?

(Specify city or town and state) Specify whether injury occurred in industry, in home, or in public place

Manner of Injury Nature of Injury

18. Information (Address)

19. BURIAL, CREMATION, OR REMOVAL Place Date .

20. UNDERTAKER (Address)

25. Was disease or injury in any way related to occupation of deceased?

No. If so, specify .

(Signed) Ashley Smith M.D.

Address 1303 Landry Highway, Mamou, LA 70554 21. FILED / / .

(Registrar Signature)

Certificate No.:

LA-12-34001

Exhibit 13

63

Dana Comeaux, M.D.

589 Drake Drive, Atlanta, Georgia 30301

Phone: 404.555.1592

PATHOLOGY REPORT

Confidential- Defense Work Product

SUBJECT NAME: Heather Soileau DATE OF DEATH: 8/25/2012

DECEASED’S ADDRESS: 1021 University Avenue,

Longfellow University, Mamou, LA, 70554

LOCATION OF DEATH: Savoy Regional Medical Center

ATTENDING PHYSICIAN: Dr. Smith

DATE OF AUTOPSY: 8/29/2012

AT BEHEST OF: State of Louisiana

AUTOPSY CONDUCTED BY: Dr. Jules Mouton

RECORDS AVAILABLE FOR EXAMINATION:

Medical Waiver, Emergency Room Records, Death Certificate, Autopsy Record, E-911 Transcript,

Family Medical History and Limited Records from Primary Care Physician

Pursuant to defense counsel’s request, I have reviewed all of the above listed records to

ascertain the cause of death for Heather Soileau. In particular, I reviewed the report of the Coroner’s

Record and autopsy report due to the rare cause of death listed.

Heather Soileau died at Savoy Regional Medical Center on August 25, 2012. Immediately

before her death, Heather was a pledge of the Kappa Phi Nu Honors Society and was participating

in events during “Pledge Week.” She collapsed at one of these events and was transported to Savoy

Regional Medical Center by Evangeline Parish EMS.

The cause of death was listed as acute hyponatremia and was ruled as a homicide by the

coroner’s office. Due to an excess amount of water in her system, Heather’s brain stem became

swollen to the point that it destroyed impulse transmission from the brain to the rest of the nervous

system. In a teenager this would be a very rare diagnosis. In the autopsy findings, no mention is

made of testing for hypothyroidism. This would be an intervening factor that could cause acute

hyponatremia with a much lower volume of water than would normally be fatal for anyone outside

of infants and the extremely elderly. A medical release for Heather Soileau was included in the

documents provided by the State. In her own handwriting, Heather indicated on the medical release

that she has no medical conditions or impairments that would preclude her from participating in

Pledge Week activities. The family history and medical records from the primary care physician

64

both indicate a genetic history of thyroid related illnesses. This strongly suggests that Ms. Soileau

had a thyroid condition which was missed during the autopsy. It is critical to note a family history

of thyroid problems on any medical release.

Additionally, there was no treatment or diagnosis of acute hyponatremia either by the EMS

paramedic or by the treating emergency room physician. Had either of these professionals made the

correct diagnosis, Ms. Soileau could have been quicly treated with an IV solution that would bring

the body chemistry back into balance. This treatment would have prevented the coma and death.

The treatment may have also averted brain damage, but definitely would have prevented the coma

and death.

In my professional medical opinion, the ineptness of the paramedic and ER attending

physician in addition to the lack of disclosure by Ms. Soileau led to her death. The autopsy report

was incomplete, and the physician who performed the autopsy was negligent because he/she did not

conduct serology tests to determine if an underlying thyroid condition could have contributed to or

been the root cause for the acute hyponatremia which resulted in the brain stem swelling and death.

65

END

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