re: "Third party" eyewitnesses name now public..

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I have a theory about this...but I will keep to myself for now...

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you wouldn't accuse David Sheely of convincing his employees of NOT cooperating with police so as to protect his business that would surely take a hit if his employees spoke negatively of the ball playing gentlemen would you?

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Me too, but I'll share mine.

Because Shady's may become a party to the civil suit, their liability carrier has instructed them to not allow any of their employees to give independent statements, except to Police.

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To add to that is the theory that Shady's doesn't want the negative publicity involved with confirming or denying what happened for the sake of not pissing off thousands of LSU fans that are patrons of it.

There is potentially a lot at stake for Shady's in all of this including their business livelihood.

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you wouldn't accuse David Sheely of convincing his employees of NOT cooperating with police so as to protect his business that would surely take a hit if his employees spoke negatively of the ball playing gentlemen would you?

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That would mean you assume that the punk Lowery is an American hero and was innocently attacked.
And he must be a hell of a guy for being able to rescue the truck driver and get him out of there before he was set upon by the roving band of thugs that play football.

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they would probably get out of that on summary judgment in 5 minutes.

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No offense, but you've made quite a large assumption there. You would be amazed at how many times I've heard those exact words, with circumstances even clearer, and seen a MSJ not granted.

You are severely underestimating plaintiff attorneys. Most are pathetic. But there are several here in BR that would be laughing at your 5 minutes remark.

ETA: Elleshoe, what would you argue for reasoning in filing your MSJ?

Long, better not be related to Dandy Don.

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Because Shady's may become a party to the civil suit, their liability carrier has instructed them to not allow any of their employees to give independent statements, except to Police.

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Pretty much. The story the owner has been telling his friend's is essentially what is in the police report. However, he made it sound like this is what he heard, not what he witnessed.

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Well, just me might have a better background in this.

Just sayin'


Just trying to help.

A lot of this stuff is greek to most people.

Some of it is latin.

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Oh sweet love of the lord, I have endured the self-congratulatory preening long enough. If you are going to masquerade as the site's resident legal expert, you should have some command of the basic argot. The police deployed the legal term "third party" correctly. The phrase "third party" as it is used by lawyers merely refers to anyone who is not a party to the pendent legal proceedings. In the civil context, the term encompasses any individuals or entities other than the plaintiff and defendant (or their paid agents, such expert witnesses). Hence the phrase "third party discovery," which applies to all written discovery and depositions directed at parties outside of the plaintiffs and defendants. Those "third parties" may be - and in fact often are - biased in favor of plaintiff or defendant, but they are legally caste as "third parties" nonetheless. Similarly, in the criminal context, a "third party" is anyone outside of the complainant/victims, the defendants, or the state. Hence, the police properly labelled the female witness as a "third party" because she is not a complainant, defendant, or member of the prosecutorial regime. Now, she may very well be biased, but she is a third-party - as those words are used LEGALLY. Lest there be any further confusion about this basic point, I have included the definition of "third party" from the 9th Edition of Black's Law Dictionary, which is considered to be the preeminent work of legal lexicography by most lawyers and judges:

"third party, n. (1818) A person who is not a party to a lawsuit, agreement, or other transaction but who is usu. somehow implicated in it; someone other than the principal parties. — Also termed outside party; third person. See party. [Cases: Federal Civil Procedure 281; Parties 49.] — third-party, adj."

Note that the definition makes no reference to the notion of credibility or bias. Those concepts are not elements of the legal definition of a third party.

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Actually, I was trying to protect two different women...neither of whom I know. I'm an old man who lives thousands of miles from Baton Rouge. In truth, there is something unsettling and unseemly about the spectacle of hundreds of LSU zealots breathlessly storming the internet for any damaging personal information about Jefferson's accusers. I just get an image of a doughy stomached, pimple faced, sweaty browed kid in a stained white t-shirt and crusty boxers hunched over the keyboard of his mom's basement computer while pornhub.com plays in a minimized window. It's just creepy. JMO.

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I see you know "codythetiger".

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The312

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