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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 9:25 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 9:30 am to just me
So it doesn't appear JJ will be back in time for Kentucky?
Posted on 9/21/11 at 9:43 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 9:44 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 9:50 am to just me
Two things in the story jump out at me. First, Moore says that they want witnesses to testify under penalty of perjury. This tells me he wants to use the GJ as a preview of how witnesses on both sides of the case would hold up at trial. I've always believed that the outcome here would be decided not by waht did or didn't happen, but by the strength or weakness of the (especially prosecution) witnesses.
Second, Bienvenu's reference to civil proceedings says a lot about what's driving this from the standpoint of the alleged victims. Not that we didn't know that, but his direct reference to it really struck me.
Second, Bienvenu's reference to civil proceedings says a lot about what's driving this from the standpoint of the alleged victims. Not that we didn't know that, but his direct reference to it really struck me.
Posted on 9/21/11 at 10:03 am to just me
The witnesses who will testify against the JJ's are extremely credible. I'm familiar with the interviews and they've convinced the DA's beyond a reasonable doubt.
Jefferson's story has changed several times, and he is very incredible. And if you believe anything Unglesby says, you should think again.
That said, the DA's don't believe 2nd degree is the way to go. There's no evidence JJ was involved in the anything other than the kicking of Lowery, who didn't have bad injuries (a microfracture to face). Hard to see "intent to inflict serious bodily injury" there.
The GJ will return simple battery. JJ will plead and get PTI, have it wiped from his record, and never play football at LSU again.
/barfight
Jefferson's story has changed several times, and he is very incredible. And if you believe anything Unglesby says, you should think again.
That said, the DA's don't believe 2nd degree is the way to go. There's no evidence JJ was involved in the anything other than the kicking of Lowery, who didn't have bad injuries (a microfracture to face). Hard to see "intent to inflict serious bodily injury" there.
The GJ will return simple battery. JJ will plead and get PTI, have it wiped from his record, and never play football at LSU again.
/barfight
Posted on 9/21/11 at 10:25 am to just me
quote:
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
Do you think he would present this evidence to a grand jury if it wasn't JJ involved? I would think he would have kicked it back to BRPD saying he doesn't have enough evidence in normal circumstances but I don't know how much evidence he has either.
Posted on 9/21/11 at 10:28 am to just me
What is really funny is everyone using "ethical" in the same paragraph as Lawyers.
Posted on 9/21/11 at 10:40 am to just me
No True Bill FTW
Posted on 9/21/11 at 10:56 am to just me
I told you when the decision date will be, one way or the other. There will be only 4 games left on the schedule. LSU should be 8-0 at that point.
Stop flaming this board with a bunch of 'what ifs'.
Stop flaming this board with a bunch of 'what ifs'.
Posted on 9/21/11 at 11:34 am to just me
Team Sweep is back!
Posted on 9/21/11 at 11:36 am to just me
Mr. chicken, can you please put all this JJ stuff in the more sports board. I am sure the fans are interested on LSU sports and that does not include JJ. All of JJ friens and family keep it going on this site
THank you
lg
THank you
lg
Posted on 9/21/11 at 12:02 pm to just me
That article is infuratingly vague. It says Jefferson will testify - and presumably he will advance his version of events - but nowhere does it state that the defense will actually get to adduce its own case, as it would in a trial on the merits. Further, the article doesn't specify whether or not Jefferson will testify under questioning from the prosecutor, the defense attorney, or both. Poorly written. I'm only familiar with federal grand juries, so this odd Louisiana procedure is alien to me.
Posted on 9/21/11 at 1:16 pm to just me
both sides don't get to present their case to a grand jury. It is only the prosecution.
Posted on 9/21/11 at 2:03 pm to just me
Can just imagine the BS that the Grand Jury will have to sift through regarding the Shady 4 incident. Four people injured and went to the hospital, does not look like favorable no-true bill in this one.
The case will henge on who do you believe. Great example, there were about 40 thousand in the stands when Billy Cannon made his famous run against Ole Miss. One million LSU fans swear on the bible that they were in the stands. Who will you believe?
The case will henge on who do you believe. Great example, there were about 40 thousand in the stands when Billy Cannon made his famous run against Ole Miss. One million LSU fans swear on the bible that they were in the stands. Who will you believe?
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