Grandmother, 73, held as sausage looter
Witnesses, even deli owner, says church deaconess was wrongly arrested




Updated: 8:02 a.m. ET Sept. 16, 2005
KENNER, La. - Merlene Maten undoubtedly stands out in the prison where she has been held since Hurricane Katrina. The 73-year-old church deaconess, never before in trouble with the law, now sleeps among hardened criminals. Her bail is a stiff $50,000.

Her offense?

Police say the grandmother from New Orleans took $63.50 in goods from a looted deli the day after Katrina struck.

Family and eyewitnesses have a different story. They say Maten is an innocent woman who had gone to her car to get some sausage to eat but was wrongly handcuffed by tired, frustrated officers who couldn’t catch younger looters at a store in Kenner, a suburb of New Orleans.

Even the deli owner doesn't want her charged.

“There were people looting, but she wasn’t one of them. Instead of chasing after people who were running, they grabbed the old lady who was walking,” said Elois Short, Maten’s daughter, who works in traffic enforcement for New Orleans police.

Short has enlisted the help of the AARP, the senior citizens lobby, the Federal Emergency Management Agency legal assistance office, made up of volunteer lawyers, and a private attorney to get her mother freed. But the task has been complicated.

Maten has been moved from a parish jail to a state prison an hour away. And the judge who set $50,000 bail by phone — 100 times the maximum $500 fine under state law for minor thefts — has not returned a week’s worth of calls, her lawyer said.

‘The wheels of justice have stopped turning’
“She has slipped through the cracks and the wheels of justice have stopped turning for Mrs. Maten,” attorney Daniel Beckett Becnel III said.

The family has not been able to visit her during her two weeks of confinement and was allowed to talk to her by phone for only a few minutes. The state prison declined to let the AP interview Maten by phone, demanding a written request.

Becnel, family members and witnesses said police snared Maten, a diabetic, in the parking lot of a hotel where she had fled the floodwaters that swamped her New Orleans home. She had paid for her room with a credit card and dutifully followed authorities’ instructions to pack extra food, they said.

She was retrieving a piece of sausage from the cooler in her car and planned to grill it so she and her frail 80-year-old husband, Alfred, could eat, according to her defenders. The parking lot was almost a block from the looted store, they said.

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