Appeals court says previously inadmissible evidence can be used in Westlake double murder trial

LAKE CHARLES, Louisiana (KPLC) – An appeals court ruling could mean the cases of Tori and Neil Broussard are getting closer to trial. The husband and wife are accused of murdering two teenagers in Westlake in 2020. Louisiana's Third District Court of Appeals finds the state can use certain evidence that was not previously admitted.

On July 15, 2020, Kyla Hidalgo and Kaleb Charlton were shot and killed in a home in Westlake. Within days, the local couple were arrested.

Both Tori and Neil were charged with two counts of first-degree murder, and the case has been going on for four years, in part because prosecutors and defense attorneys are arguing over whether certain evidence should be allowed at trial.

Family members like Frank Hidalgo want to see progress, as he said in a recent interview.

“I wonder what is going on here. Are those responsible being held accountable? Or are they trying to protect something else,” Hidalgo said.

In the case of Tori Broussard, the Third District finds that an interview she conducted with officials on the day of the murders can be used when she takes the stand. It would impeach or discredit her testimony. Because she was not advised of her Mirandas and asked for a lawyer without being given one and was not free to leave, the interview cannot be used in the State's trial.

According to officers, Tori helped her husband elude police and was filmed driving him away from a hotel 30 minutes before the murders. Officers were desperately searching for Neil Broussard because he allegedly kidnapped Kyla's then-14-year-old sister after the murders, and they tried to get Tori to reveal where he was. Neil, a convicted sex offender, was wanted for rape before the murders.

The Third Circuit also ruled that GPS data, Tori's phone and other items found in the Broussards' Lake Charles home were not improperly seized and could be used in the trial.

Tori and Neil will be tried separately. No trial dates have been set yet.

We contacted the Calcasieu prosecutor and defense attorneys to get their reaction.

Defense attorneys Todd Clemons and Adam Johnson say they will ask the Louisiana Supreme Court to review parts of the Third Circuit Court's ruling that disagreed with the trial court's ruling, and issued the following statement:

“We were pleased to finally receive the Court of Appeals ruling confirming that Tori's constitutional rights were violated. Especially since this case has been pending for three years. We will ask the Louisiana Supreme Court to review the portion of the Third Circuit's ruling that disagrees with the trial court's decision. No one wants to see this case go to trial more than our client. She desperately wants her name cleared of the prosecution's false allegations. Yesterday's ruling brings us one step closer to that reality.”

The prosecution expressed its delight that the Court of Appeal agreed with its legal opinion and issued the following statement:

“We are pleased that the Court of Appeals agreed with our assessment of the law and facts in this case, as it involves previously wrongfully suppressed evidence. We look forward to holding those responsible for the murders of these innocent victims accountable in the courtroom, where the law requires cases to be tried in court, not through press interviews.”

On Wednesday, August 21, the Third District Court of Appeals ruled that a previous court judge had applied incorrect legal standards and abused his discretion by suppressing various pieces of evidence.

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