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Started By
Message
Both Sides of the Case Will Be Presented to the Grand Jury
Posted on 9/21/11 at 9:15 am
Posted on 9/21/11 at 9:15 am
I know Hillar Moore. I have never known Hillar Moore to be anything but an honest and ethical attorney and person.
Hillar is faced with a nearly unwinnable case against Jefferson.
1. No one has stated that Jefferson was involved with anyone but Lowery.
2. The statements that place Jefferson with Lowery come from witnesses who would not do well under cross-examination for a number of reasons.
3. Numerous witness have provided sworn statements that say that Jefferson was not involved in the injuries suffered by Lowery.
4. The state has the burden to prove every element of the case against Jefferson beyond a reasonable doubt, including: (a) Jefferson caused the injuries, (b) the injuries constitute serious bodily injury.
5. Jefferson can justify his actions and obtain acquittal if he can successfully assert self-defense.
Given the facts of this case and the chance of winning, Hillar has a choice. He can nolle pros it, or he can let the grand jury decide if there is a case.
Hillar is going to present both sides to the grand jury. That is the wise, ethical, and honest thing to do:
Hillar is faced with a nearly unwinnable case against Jefferson.
1. No one has stated that Jefferson was involved with anyone but Lowery.
2. The statements that place Jefferson with Lowery come from witnesses who would not do well under cross-examination for a number of reasons.
3. Numerous witness have provided sworn statements that say that Jefferson was not involved in the injuries suffered by Lowery.
4. The state has the burden to prove every element of the case against Jefferson beyond a reasonable doubt, including: (a) Jefferson caused the injuries, (b) the injuries constitute serious bodily injury.
5. Jefferson can justify his actions and obtain acquittal if he can successfully assert self-defense.
Given the facts of this case and the chance of winning, Hillar has a choice. He can nolle pros it, or he can let the grand jury decide if there is a case.
Hillar is going to present both sides to the grand jury. That is the wise, ethical, and honest thing to do:
quote:LINK
No resolution by the grand jury — such as formal second degree battery charges being brought against Jefferson or the charges being lessened to misdemeanor simple battery or dropped all together — is anticipated today. A second grand jury hearing will likely be a week from today, and a possible third grand jury meeting may be needed to wrap it all up, East Baton Rouge Parish District Attorney Hillar Moore III said Tuesday.
"The sheer number of people who will be asked to testify is why we think the grand jury could meet two or three times," Moore said. "We have interviewed more than 20 people. Very few of those were not already interviewed by police. We want everyone that we've interviewed and have been interviewed by police with knowledge of what went on in the fight to testify under oath and under the potential penalty of perjury before a group of people."
Many of the witnesses are LSU football players. Jefferson is not expected to take the stand today, his lawyer Lewis Unglesby said.
"Our turn is next week," Unglesby said Tuesday. "Usually the defendant doesn't testify, but Jordan Jefferson has consistently held the same position. He's cooperated with everyone who has talked to him."
This post was edited on 9/22/11 at 8:51 am
16
Posted on 9/21/11 at 9:18 am to just me
tl;dr
Don't care.
Don't care.
Posted on 9/21/11 at 9:22 am to LSUPhreaK
I have put cases to a GJ.
They don't always make good decisions.
If he is not convinced himself, by admissible evidence he should reject charges.
Hiding behind gj is risky and not ethical .
They don't always make good decisions.
If he is not convinced himself, by admissible evidence he should reject charges.
Hiding behind gj is risky and not ethical .
Posted on 9/21/11 at 9:25 am to zeebo
quote:
If he is not convinced himself, by admissible evidence he should reject charges
Didn't know they could do that. But if he does won't people complain about him being an LSU fan???
Posted on 9/21/11 at 9:25 am to just me
quote:
5. Jefferson can justify his actions and obtain acquittal if he can successfully assert self-defense.
Wait.....self defense?
I thought there were numerous witnesses that said Jefferson wasn't involved at all.
Posted on 9/21/11 at 9:26 am to zeebo
Hillar is not hiding behind a grand jury.
He is letting the grand jury make the decision based upon the evidence it hears. He is letting both sides present their case.
He is letting the grand jury make the decision based upon the evidence it hears. He is letting both sides present their case.
Posted on 9/21/11 at 9:26 am to zeebo
I think Hillar has bent over backwards to appear fair in taking the case this far.
There is no one in EAST BATON ROUGE Parish who thinks LSU will be receiving preferred treatment if the law is followed and this crap is tossed out based on the incredulity of the witnesses.
Posted on 9/21/11 at 9:27 am to zeebo
quote:Hillar was very close to the LSU athletic department (acted as its attorney representing some LSU athletes and was the chairman of the LSU Baseball Coaches Committee for about 10 years) prior to being elected DA. I think Hillar is trying to avoid showing his partiality to LSU by allowing the GJ to decide the case is not trial worthy, which is what will happen, IMO.
If he is not convinced himself, by admissible evidence he should reject charges.
Posted on 9/21/11 at 9:30 am to just me
So it doesn't appear JJ will be back in time for Kentucky?
Posted on 9/21/11 at 9:33 am to LSUPhreaK
quote:
tl;dr
Don't care.
quote:Wait.....you read it?
Wait.....self defense?
I thought there were numerous witnesses that said Jefferson wasn't involved at all.
25 witnesses have stated that Jefferson was not involved in the fight. The DNA tests do not implicate Jefferson. That's a big deal.
So the DA has to deal with that.
I'm not saying it was self-defense. Unglesby is not saying it was self-defense. Jefferson has not said it was self-defense.
However, if the DA thinks it might just boil down to a he / she said thing, the DA also has to consider self-defense.
Posted on 9/21/11 at 9:34 am to just me
quote:Why does the DA HAVE to consider that when not a single witness (to my knowledge) has hinted at it?
if the DA thinks it might just boil down to a he / she said thing, the DA also has to consider self-defense.
Posted on 9/21/11 at 9:37 am to just me
quote:
So it doesn't appear JJ will be back in time for Kentucky?
Thank God.....
Posted on 9/21/11 at 9:42 am to booky
Which hopefully means he won't play at Florida
Posted on 9/21/11 at 9:43 am to just me
I hope Jefferson and Johns sue the hell out of Lowery, his witnesses, and EBR Police Dept.
Posted on 9/21/11 at 9:43 am to LSUPhreaK
quote:.
I thought there were numerous witnesses that said Jefferson wasn't involved at all.
Only to help other non involved LSU players away from the action
Posted on 9/21/11 at 9:44 am to booky
quote:
booky, josh336
If these players are innocent, maybe you or one of your family members should experience what these guys have. And maybe some idiots on the internet will wish the worse upon you or your family the same as you have.
Posted on 9/21/11 at 9:44 am to just me
Sad that this young man put himself in this position. Don't know if he did or din't do anything wrong. But the fact that something happened and he was arrested and put the LSU football in this embarasment in a national spotlight is not what a member of the elite football team would or should do. He was there. He didn't walk away. He chose the wrong path.
I hope this young man will come out of this a better man and learn to live life a better person.
I hope this young man will come out of this a better man and learn to live life a better person.
Posted on 9/21/11 at 9:45 am to rds dc
He grand jury is going to do whatever Hillar tells them to do.
Posted on 9/21/11 at 9:47 am to LSURussian
quote:For the DA to convict Jefferson, Jefferson must have intentionally injured Lowery. Thus, the DA will have to present evidence and prove that Jefferson hit, punched, or kicked Lowery.
Why does the DA HAVE to consider that when not a single witness (to my knowledge) has hinted at it?
Assuming the DA thinks right now that he can prove that Jefferson injured Lowery (that the defense witnesses are inaccurate or incomplete in showing that Jefferson was not involved in the fight), the DA has to anticipate that Jefferson might justify his hitting, punching, or kicking as self-defense.
Posted on 9/21/11 at 9:47 am to LSURussian
quote:
Why does the DA HAVE to consider that when not a single witness (to my knowledge) has hinted at it?
Because it is a legitimate legal defense.
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