By LEONARD GRAY

NEW SARPY – A gag order has been placed on officials dealing with the investigation of the death of 18-month-old Derica Wallace of New Sarpy, partially blamed on St. Charles Parish Sheriff Greg C. Champagne. In a motion for the gag order, issued by 29th Judicial District Judge Emile St. Pierre, court-appointed defense attorney Victor Bradley Jr. of Norco cited publicity on the case and a remark made by Champagne on the circumstances surrounding the death of the child.

“If said press coverage continues, the defendant will be unable to obtain a fair trial to which he is entitled by the United States and Louisiana constitutions,” Bradley stated in his motion.

Champagne was out of town and unable to comment on Bradley’s claim. It was not made clear by Chief Deputy Joseph Cardella whether Champagne was out of town on personal business or an office-related matter.

The gag order enjoins the sheriff, District Attorney Harry Morel and Clerk of Court Charles Oubre Jr., and their employees, along with court personnel and Bradley and his employees from publicly discussing the case.

David Lynn Joseph, 22, faces a charge of first-degree murder, after he allegedly beat and choked the toddler Feb. 21 while babysitting her.

The child was taken off life support systems at Children’s Hospital at on Feb. 23 at 10:30 a.m. Joseph surrendered to authorities at about the same time. Joseph, the boyfriend of Jessika Wallace, 20, the child’s mother, had been left in charge of Derica and her two siblings, 6-month-old Tenisha and 3-year-old Derrick, while Wallace went to work in Boutte.

Marilyn Joseph of New Sarpy, David’s sister, gave Jessika a ride home and, upon arrival, the pair discovered Derica, lying on a pillow on the sofa, but unresponsive and barely breathing.

David Joseph claimed Derica had hit her head in the bathtub and when he gave her Tylenol, she fell asleep. “He kept saying she was sleeping. He just didn’t realize it was as serious as it was,” said Joseph’s sister.

Jessika declared, “I know my baby and something’s wrong with her!” She then attempted to give her daughter mouth-to-mouth resuscitation, according to Joseph’s sister, her panicked efforts possibly causing the bruising and damage to the child’s throat and head.

Emergency medical technicians from St. Charles Parish Hospital, who responded to Wallace’s 911 call, questioned the accused’s story and he skipped out before police arrived at the residence. He has a prior conviction for drug possession.

What’s more, Joseph’s sister added, the EMT’s trying to stabilize the child struck the child’s right foot several times to raise a vein for an IV, possibly causing the bruising. Nevertheless, Marilyn Joseph added Friday she is not defending her brother, nor claiming he is not guilty of the child’s death.

Hospital physicians diagnosed severe brain swelling, retinal hemorrhaging (indicating the child had been choked), and multiple bruising to her face, right ear and right foot. In the opinion of the examining doctor, the injuries were “deliberately inflicted,” according to the sheriff.

Now, according to Marilyn Joseph, Jessika and her two surviving children are staying with family in Kenner.

David Joseph is in the Nelson Coleman Correctional Center without bond, charged with first-degree murder. His case goes next to the St. Charles Parish Grand Jury on March 14 and 15. His initial court appearance was Feb. 25, where Judge St. Pierre denied bond for Joseph and appointed Norco attorney Victor Bradley to his case as indigent defender.

Services for Derica Wallace are today at noon in the chapel of Richardson Funeral Home, River Ridge, with interment at Providence Memorial Park.