Witnesses testify on bar beating

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Bill Feig / The Advocate
First Assistant District Attorney Prem Burns, right, and investigator Memry Dake leave the Governmental Building where a grand jury met Wednesday to determine whether to indict two LSU football players on charges in a bar fight. The grand jury will meet again Wednesday.

A grand jury probing the alleged involvement of suspended LSU football players Jordan Jefferson and Joshua Johns in an Aug. 19 fight outside a bar heard testimony Wednesday from police, bar employees and other eyewitnesses along with several people injured in the brawl.

Grand jurors, however, did not hear from Jefferson, a senior quarterback, or Johns, a sophomore linebacker, both of whom were arrested Aug. 26 and booked on one count each of second-degree battery, a felony.

District Attorney Hillar Moore III said at the conclusion of Wednesday’s seven-hour grand jury session that both players have been invited to testify.

Moore — flanked by First Assistant District Attorney Prem Burns and fellow prosecutors Barry Fontenot and Steve Danielson on the steps of City Hall — said the 12-member grand jury will reconvene Wednesday and resolve the matter “one way or the other.’’

“They (Jefferson and Johns) are welcome to come to the grand jury next Wednesday,’’ Moore said.

The East Baton Rouge Parish grand jury meets on the 10th floor of City Hall.

Jefferson’s attorney, Lewis Unglesby, said in a telephone interview that Jefferson will gladly testify before the panel.

“Jordan Jefferson has talked to police and LSU coaches,” Unglesby said. “He will talk to anybody who will talk to him.”

Johns’ attorney, Tommy Damico, appeared at City Hall without Johns and said a decision has not been made on whether to accept Moore’s invitation for Johns to testify.

“We’re going to wait and see what happens today,’’ Damico said. “Quite frankly he has nothing to hide. With regard to my client, I believe there’s no case at all.’’

Jefferson and Johns, both 21, have told police they were at Shady’s, a bar on East Boyd Drive south of the LSU campus, that night but denied involvement in the fight, according to affidavits of probable cause for the search warrants of the players’ homes.

Police searched Jefferson’s and Johns’ homes last month, taking shoes and DNA samples from each.

Michael Bienvenu, who represents four people injured in the fight outside Shady’s said three of his clients testified Wednesday, including Andrew Lowery, who suffered a fractured jaw and was kicked unconscious.

“The grand jury’s going to have to decide who’s telling the truth,’’ Bienvenu said, adding that at least 15 or 16 people testified before the grand jury.

Shady’s general manager John Peak was seen walking into City Hall on Wednesday. He did not speak with reporters while entering the building.

Peak, who interviewed his staff about what happened Aug. 19, told The Associated Press last month that Lowery — who was kicked out of the bar — threw the first punch in the parking lot.

Lowery has told police officers that Jefferson and Johns were among a group of people who attacked him.

“It is the eyewitnesses who have said that,’’ Bienvenu said of the allegation that Jefferson kicked Lowery in the head. “He (Lowery) was on the ground. He could not identify who kicked him.’’

Bienvenu added that taking the case to a grand jury is “an appropriate procedural path.’’

Unglesby doesn’t agree.

“This (grand jury) is very unusual,’’ he said. “You never have a grand jury for a fight.’’

Moore said “this is the best way to cut to the chase.’’

Unglesby added that Jefferson is “being penalized for what he’s been arrested for, not for what he did.’’

Baton Rouge police detective John Dauthier was one of the first witnesses to testify before the grand jury.

Dauthier declined comment while leaving City Hall but confirmed that he appeared before the panel.

Jefferson, Johns, freshman wide receiver Jarvis Landry and sophomore offensive lineman Chris Davenport went to State Police headquarters Aug. 23 to speak to Baton Rouge police about the incident.

Only Jefferson and Johns have been arrested in the case.

Moore has said results of DNA taken from Jefferson and Johns were inconclusive.

“It doesn’t prove or disprove anything,’’ Bienvenu cautioned.

Bienvenu said he anticipates filing a civil lawsuit “at some point.’’

Police have said the fight started when a man in a truck blew the horn to try to clear a crowd in the bar’s parking lot. Some witnesses have said the fight was already in progress when the truck approached the crowd.

Advocate staff writer Kimberly Vetter contributed to this report.


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Comments (4)


1) Comment by lytspeed1 - 22/09/2011

It is amazing to me that through all of this that Mr Lowery was in the process of defying a protective court order. He was in fact stalking a young lady in the bar and made to leave. Why wasn't he charged? Almost weekly we hear of similar men such as this that stalk and eventually harm their stalked victims or worse kill them.

2) Comment by TommyRucker - 22/09/2011

How can it all be decided one way or the other after the grand jury rules next wed as the DA has proclaimed??? It won't be over if they rule a 'true bill', then it goes to something called a TRIAL, but then maybe the DA knows something that everyone else doesn't. When this goes to a civil trial, the truth may come out but then who knows??? The DA is obviously doing everything possible to 'duck' and the defense attorneys know it. All they have to do is keep quiet and have their clients keep quiet and it will all go away from a criminal stand point. The defense attorneys are saying their clients are willing to testify, but is this really true. Why wouldn't the DA get their testimony, under oath, since they are the main players here and after all this grand jury hearing is supposed to just decide if there is enough to go forward with a trial. Everyone else is testifying so why aren't the two football players or even the other players who were at the bar (apparently there were something like 15 to 20 players at least around the fight. Why aren't they testifying??? This is going to go down without ONE LSU player even testifying and everyone else even remotely connected to this EVENT is being called to testify?? Does that sound like the DA is really seeking the truth or is the grand jury being put in a position where they have nothing else to do but render this a 'no true bill' and then its over from a criminal standpoint and Jefferson goes back to being a QB, the defense attorneys look good and the DA is off the hook. If this goes to a civil trial, you can bet it won't happen for a long, long time-if ever. The forces protecting these players cannot afford to allow them to get on the stand-it will not happen, no matter how often they proclaim they want to testify.

3) Comment by BoiledCrabs - 22/09/2011

football and beer...what would anyone expect?

4) Comment by LawyerDan65 - 22/09/2011

Conflicting eyewitness tesimony is a recipe for reasonable doubt and a not guilty verdict at a criminal trial, so it would seem this grand jury is headed toward a "no true bill" which means no indictment. Then comes the civil trial, where the burden of proof is lower...will LSU be a defendant?