POSTED: Monday, September 12, 2011 - 1:33pm
UPDATED: Monday, September 12, 2011 - 3:36pm
BATON ROUGE, La (NBC33) — Suspended LSU Quarterback Jordan Jefferson got some of his shoes back Monday. A court hearing failed to force investigators to turn over the shoes, but BRPD decided to give them back anyway.
The shoes were taken by police three weeks ago, during their investigation into a fight outside Shady's Bar in Baton Rouge.
49 pairs of shoes were carried out of Jordan Jefferson's apartment as evidence back on August 24th. Two days later, Jefferson and teammate Josh Johns were charged with second degree battery and the two were suspended from the LSU football team.
Defense Attorney Robert Marionneaux says the shoes are proof, the police don't have their case together.
“If we can’t even yet determine the color of his shoes he was wearing on the night of the incident, you obviously out to have some question about the credibility of the witnesses who were there,” says Marionneaux outside of District Court Monday.
He says 19 pairs of Jefferson's shoes are at the State Police Crime Lab, being tested for DNA.
Marionneaux asked Judge Richard ‘Chip’ Moore to force BRPD to return the remaining 30 pairs. The motion filed on Jefferson’s behalf states: "The police can't keep property for which they have no use."
But Judge Moore said he can't rule because the police haven’t given prosecutors information about how those remaining shoes are tied to the case. In Monday’s hearing, Judge Moore gave investigators two more weeks to get that report turned over the attorneys.
“It's more akin to the investigation occurring after the arrest and that's unfortunate for Mr. Jefferson,” says Marionneaux. “Obviously you would think the investigation would be had before someone gets arrested, particularly for a felony.”
Right now, Jefferson and his defense team are focusing on football and getting him back on the team. Marionneaux says that's all there is to worry about, because he's confident the felony charge wont stick.
“No, I don’t have any concern about Jordan Jefferson going to jail because it’s not going to be a felony charge at the end of the day,” says Marionneaux. “At best, someone was in a bar fight and they're at home today. To warrant a second degree felony charge someone must be seriously hurt and clearly that’s not the facts of this case.”
BRPD had no comment on allegations they charged Jefferson without proper cause.