Defense lawyers disagreed with a prosecutor over whether an aspiring Florida A&M University fraternity member suffered serious bodily injury when blindfolded and beaten with canes and boxing gloves as a hazing trial opened Wednesday.The trial marks the first major test of a new Florida law that makes hazing a felony punishable by up to five years in prison if it results in serious bodily injury or death.
"They beat Marcus Jones with canes so severely he needed surgery to remove a blood clot from his buttocks and also they punched him wearing boxing gloves to the point he temporarily lost hearing," Assistant State Attorney Frank Allman said in his opening statement.
Allman told six jurors and two alternates that the skin on the sophomore student's buttocks was so severely damaged it "almost looked like plastic."
Those injuries suffered over four days constitute serious bodily injury, Allman said. Defense lawyers, though, said the doctors who treated Jones, 19, of Decatur, Ga., will testify the injuries were "not that bad."
The defense lawyers said Jones suffered no broken bones or muscular injuries, his ear drum has fully healed and he had no permanent hearing loss. They also disputed Allman's characterization of the buttocks injury as a blood clot and said the surgery involved only the removal of a small patch of dead skin.
"It's a soft tissue injury, only a contusion to the buttocks surface," said Richard Keith Alan II, who is representing defendant Jason Harris, 25.
The other defendants, Brian Bowman, 23; Cory Gray, 22; Marcus Hughes, 21, and Michael Morton, 23, are represented by Chuck Hobbs.
"It healed very nicely," Hobbs said. "He has not lost the use of his buttocks in any way."
Alan said the evidence also will show Jones did not seek treatment back home until four days after the beatings ended.
Hobbs said Jones and his father, Army Master Sgt. Mark Jones, retained civil attorneys and suggested their motive for seeking criminal charges was financial -- to enhance the chances of a lawsuit although none yet has been filed.
The family is in financial straits because the son lost a partial scholarship before the beatings and had spent $1,500 to buy food, clothing and other gifts seeking acceptance from fraternity members in addition to a $2,100 membership fee, Hobbs said.
He said evidence will show the father considered volunteering to return to Iraq to earn combat pay so he could keep his son in school.
The defense lawyers also questioned how the younger Jones could identify their clients as the perpetrators when the beatings occurred while he was blindfolded or in the dark at an abandoned warehouse.
The trial will continue Thursday and is expected to last at least until Friday.
Two comment just made me laugh out out.
ReplyDelete1) "his ear drum has fully healed and he had no permanent hearing loss."
2) "He has not lost the use of his buttocks in any way."
:D
I'm confused...
ReplyDeleteYou see, I don't know about anybody else's son but my son goes to school to get an education.
I am not making a lot of money and my son is on scholarship.
How in the hell do I come up with $3600 to wear some frekkn letters.
I am a member of a fraternity but damn, I wouldn't have been if when I was a student, I had to pay that amount of money to sign up to get my ass kicked.
The trial is a joke.
Ironically, I think the 5 will get off because this whole thing is stupid as hell
I, too, agree, that the K5 will probably walk, with a little slap on the wrist probabtion/reprimand of some sort. Also, that's a helluva lot of $$ to ante up to get your ass kicked and eardrum boxed out. The "victim" probably should get his ass whipped for bending over and letting some dudes beat his ass. How ironic. If his ass wasn't sore when he got hom, his pop should've whipped it, then and there. Wasn't no need to lecture the boy, I reckon, since he couldn't hear a mfing thing, what with his eardrum all split the F up. Yikes! He can't hear. He can't sit. Mfer couldn't do nothing but stand at mfing attention, just like dear ol' dad. Like the previous blogger says, the whole goddamn trial is nothing but a joke. Does that boy have a momma? How come the daddy is doing all the talking? I tell you why: 'Casue daddy running the show; he's a military man, use to giving orders, and don't nobody mess with the master sgt. Jones. How does Chuck Hobbs know why that man was going back to fight in the war? Could be because he he's a dedicated soldier. Could be because he's conditioned. How does Ol' Chuck E Cheeze know that the family was in "dire financial straits"? Going to fight in a war, risking life & limb, ain'ain' gone save you financially. You must want them guvment $$ real bad.
ReplyDeleteMaybe someone can clear this up for me. Suppose that the guy couldn't pinpoint these five as the ones who actually beat him. If those five were there, and let it happen, aren't they equally guilty?
ReplyDeleteIt just seems that all of this nit picking about "serious bodily damage" is ridiculous. The incident DID happen. And if these 5 were present and did it or didn't stop it, then they should be punished.
these boys are going to jail, bottom line.
ReplyDeleteThis is worst the Jerry Springer and to think that FAMU's name is attached to this circus is a darn shame.
ReplyDeleteI can't wait to get over the bad press, but it just keeps on coming.
Florida has one of the strongest laws against hazing - 1006.63, F.S. Here are some sections of that statute:
ReplyDeleteHazing prohibited.--
(1) As used in this section, "hazing" means any action or situation that recklessly or intentionally endangers the mental or physical health or safety of a student for purposes including, but not limited to, initiation or admission into or affiliation with any organization operating under the sanction of a postsecondary institution. "Hazing" includes, but is not limited to, pressuring or coercing the student into violating state or federal law, any brutality of a physical nature, such as whipping, beating, branding, exposure to the elements, forced consumption of any food, liquor, drug, or other substance, or other forced physical activity that could adversely affect the physical health or safety of the student, and also includes any activity that would subject the student to extreme mental stress, such as sleep deprivation, forced exclusion from social contact, forced conduct that could result in extreme embarrassment, or other forced activity that could adversely affect the mental health or dignity of the student.
(2) A person commits hazing, a third degree felony, punishable as provided in s. 775.082 or s. 775.083, when he or she intentionally or recklessly commits any act of hazing as defined in subsection (1) upon another person who is a member of or an applicant to any type of student organization and the hazing results in serious bodily injury or death of such other person.
(5) It is not a defense to a charge of hazing that:
(a) The consent of the victim had been obtained;
(6) This section shall not be construed to preclude prosecution for a more general offense resulting from the same criminal transaction or episode.
First of all, whether Mr. Jones gave his consent is a moot point where the law is concerned. Secondly, I don't know about you all, but a busted ear drum (healed with no permanent hearing loss or NOT), seems pretty serious to me.
And how can Chuck even think that the injury most not have been that bad because it healed. If you assault me and hurt me badly, SURELY YOU DON'T THINK THAT IT WAS NOT SERIOUS because I am now healed.
And brotherbrown, I'm with you (laughing) when I heard that stupid behind, what should have been a legal comment, "He has not lost the use of his buttocks in any way." Besides sitting on your butt, and using it to help you with elimination, and of course needing it to hold up your pants (LOL), how does one determine if you have lost the use of your buttocks? That was a stupid comment, Chuck! STUPID!
Don't get me to talking about the HBGU.... not here... not today! I guess your buttocks would be used for at least one more thing at FAMU nowadays... leaving that one alone. Ya'll know what I'm talking about though!
Seriously though, I don't know who is on this jury, but if I was sitting there and heard those stupid behind remarks come out of that brother's mouth, I would have just started shaking my head.
To the person who said, "Ironically, I think the 5 will get off because this whole thing is stupid as hell." - Just hope that no one does anything to one of your children one day and you have jurors think that is stupid to be at the trial! The law is the law! Did the Kappas involved (whether it's these 5 or not) break the LAW? You darn right they did, according to Florida Statute 1006.63, "SOMEBODY" broke the law and committed a felony, not just slapped somebody up side the face. And I hope that you all don't think that when the prosecutor gets through dragging each one of those pledgees in that court room, that everybody's gonna keep quiet. They are already talking.
To the person who wrote: "If those five were there, and let it happen, aren't they equally guilty?" They have not been charged with being an accessory to a crime. They probably should have been charged with more than they were charged with. An accessory is a person who assists in the commission of a crime, but does not actually participate in the commission of the crime as a joint principal. The distinction between an accessory and a principal is a question of fact and degree.
The question is, "Were they there when the felony was committed and did they do anything to stop it, or did they report it, or were they the principal participants?"
That's my bedside/laptop feelings about this! I am still MAD thinking about how upset CVB and ECW were when this initially happened... they were livid, and then their (surrogate) nephew, VH's son, is getting on t.v., making a "buttock" out of himself and defending these guys. AND THIS IS TALKED ABOUT ON CNN, IN NATIONAL NEWSPAPERS throughout the country. Well, they killed a child in boot camp in Florida this year, and they can't even figure out how to arrest anybody there.
And what does the father's financial situation have to do with this? Absolutely nothing! What does his military background have to do with this? Absolutely nothing! It's not about the father - it's about the act that happened to his son. Give the man a break, everybody! Because I would have been ON CAMPUS 5 hours (from ATL) if my son came home bruised and bleeding with damage done to his ears.
Did the Kappas (and particularly these 5 men) haze this man, according to the law? If they did, they should be punished.
Signing off.... good night all.
Food for thought here:
ReplyDeleteI am a member of a frat my son is trying to become a member of. My son is hazed. Tell me why is my first phone call to the Tallahassee Democrat, instead of my fraternities headquarters? Especially when I made the call to get my son on the line after the Kappas rejected him at first.
WHO ARRESTED THESE FIVE MEN? Law Enforcement or Marcus' father? The "Po Po" arrested these people and the State Attorney's office filed charges. Am I right? Some body! Any body!
ReplyDeleteSo why in the HECK does Chuck Hobb want to bring up this family's financial situation, the soldier's request to go to Iraq? I don't understand.
Was there a crime committed, and did this father commit it or the Kappas?
VIVIAN! Where are you? You're a tenured professor, aren't you? Help you son out.
To "Tell me why is my first phone call to the Tallahassee Democrat, instead of my fraternities headquarters?"
ReplyDeleteDoes it matter who got the call first? The Kappas hazed all of the men on line.
You see, my people... you are trying to "nit pick" this crap. Hazing is against the law. This father called somebody to report what had happened to his son. Now, you're tryng to make the man out to be some evil person because he wanted to report what had happened to his son. Perhaps he could not get through to the police? Perhaps the Kappa national office personnel did not work 24 hours a day?
WHO REALLY CARES WHO THE MAN CALLED FIRST!
Was his son hurt? Yes. How bad? Does it really matter? No.
And if you are not a parent and you don't have a child who has been hurt, you wouldn't understand. If our son or daughter shows up with a bloodied body, we start making phone calls or kicking butts, or something.
Does it really matter who Mr. Jones called? Is Mr. Jones' bank account any of our business. HECKKKKKKK NO! This is a criminal trial anyway, not a civil.
The boys doctor said that the injuries were not serious today on the stand.
ReplyDeleteTHANK GOD FOR MEN LIKE MR. JONES WHO WILL GIVE OF HIS LIMBS AND LIFE EVERY DAY TO HELP PROTECT US!
ReplyDeleteDo you know how this man must feel? His job every day is to PROTECT. He sent his son to college, and thought that he would come back stronger than when he came to FAMU as a freshman.
You guys must not know what a Master Sergeant in the U.S. Army does, as you try to make this man look as if he is doing something wrong - protecting his son.
Just for your information, a master sergeant serves as the principal non-commissioned officer (NCO) in staff elements at battalion and often higher levels. Although not charged with the enormous leadership responsibilities of the first sergeant, the next rank, the master sergeant is expected to dispatch leadership and other duties with the same professionalism and to achieve the same results as the first sergeant. And you don't get too much better than first sergeant!
Mr. Jones must be quite an honorable man to want to go to a crazy place, such as Iraq, to help protect people, such as Charles Hobbs, and those of you who think the man wants to go back to war to be on duty and earn 35 cents/hour (maybe a few cents more).
I am so happy that we have real men in this country now, who believe in fighting for what they believe in - and will protect their families - regardless. You don't get to be a Master Sergeant in "the man's Army," if you're stupid.
Then, when this Black man stands up for his son, regardless of whose toes he may step on, you print garbage on the Internet to discredit him and his intentions, and try to belittle him in court. And Mr. Hobbs should be ashamed of himself for trying to discredit a brother who did not want other brothers whipping his son. If it had happened to him, his mother would have been LOUDER (than she usually is) in any way she could - she would have been writing the President, trying to get on talk shoes - anything to help her son - by any means necessary.
I know everyone in our country should be considered innocent before proven guilty, and I understand they have a right to an attorney. And I realize that Mr. Hobbs is an attorney. BUT! He does not have to put all of the man's business in public court (or what he thinks is the man's business).
C'MON MY SISTAHS AND BROTHAS! Don't support the people who did the beating... support the person who was beaten. Lay off Mr. Jones and Marcus. Support the law - hazing is against the law!
9/28/2006 9:01 PM said, "The boys doctor said that the injuries were not serious today on the stand."
ReplyDeleteDoes this mean that the Kappas did not break the law? (sarcastically asked)
I am a member of a fraternity, as are all the men in my family. And I have a son that wants to become a member of my fraternity. I can honestly say that if my son were to suffer at the hands of my frat brothers, I would be on the first thing smoking. The furthest thing from my mind would be to call a newspaper. I would be all over national, regional, and local chapters trying to get some understanding. And let the chips fall where they may.
ReplyDeleteTo 8:19PM
ReplyDeleteNo one is running from the fact that Marcus was hazed. There is no denying that. I just find it hard to believe that any frat or sorority would not investigate these charges if they were presented to them.
Why would anyone in this day and age, drop their drawers, grab their nuts, bend over and invite someone to beat their arse on top of giving them money to do so? I don't understand the cultural today. These kids do not have to submit to this type of treatment to belong.
ReplyDeleteI was just watching Fox News here in Tampa. They just showed some footage from the trial today. Seems like everybody is all over this!
ReplyDeletePlease don't make an example of these five guys.
All this is BS.
ReplyDeleteEither he got he ass whooped or he didn't.
Tragically, the victim and the defendants are scarred for life.
and the image of the Kappas destroyed. They will be back in about 3-4 years but then it will be someone else at FAMU.
Already they are investigating a couple of other organizations for hazing this year.
I proposed a long time ago that we eliminate undergraduate Greek chapters. Y'all will get the message soon.
These miscreants that we are allowing into school are the ones that are going to end of destroying the school.
Lastly, I am extremely disappointed in the fact that the only reason this case picked up speed on the university level is that CVB went after Corey Austin and all things associated with him.
I bet there is a lot of last minute snitchin going on after yesterday in court.
Borrowing the play by play from the TDO.com message board.
ReplyDeleteWay I figure it, young Mr. Jones is fkked two ways, number 1, ostracized and rejected by peers and number 2, having an idiot for a father.
This is a joke.
Read the exchange below.
Hobbs: Mr. Jones you stated on direct that you wanted justice served. Well please tell the court why your first phone call was to the Tallahassee Democrat and not to the national headquarters of your fraternity.
Jones: Umm. I called the FAMU Police Department first. I felt that I would get the run around with my fraternity.
Hobbs: If you felt that you would get the run around as you say, please tell me why you called the fraternity when your son was rejected by members of the Alpha Xi Chapter?
Jones: I called to ask why he wasn't chosen.
Hobbs: So you called to get him placed on that line?
Jones: Yes, you can say that.
Hobbs: Getting back to your phone calls. You said on direct that you called the newspaper first. How could you make two calls at the same time with both being your first call?
Jones: Well after I talked with the newspaper, then I called FAMU police Department.
Hobbs: Well explain to the court why you engaged the services of Knowles & Randolph.
Jones: To advise me. And to speak for me. All comments concerning my sons case have been directed to them. I was advised not to comment on this case.
Here is where it got real ugly. Hobbs then pulled out numerous clippings of actual Jones interviews done with various print media. With some even being two weeks before the trial.
These guys are guilty!
ReplyDeleteTo 9:28pm "The doctor said the injuries were not serious" Where did you hear that? The Dr. did not say that according to the Democrat. Please see attached article below.
Dr. David R. Fern, the doctor who performed surgery on Marcus Jones, testified that the injury was as severe as any injury he had seen in a car accident.
Originally published September 29, 2006
Father testifies to son's injuries
Jones: 'We didn't know if he would wake up' after beating
By Chitra Subramanyam
DEMOCRAT STAFF WRITER
The father of a Florida A&M University student testified in court Thursday that his son suffered severe injuries in February during Kappa Alpha Psi initiation sessions.
Mark Jones, himself a former fraternity member, took the stand in the morning, describing the injuries and subsequent surgery his son Marcus endured.
"I was angry, very angry," Mark Jones said. "My wife and son's sister were terrified ... We didn't know if he would wake up ... I was watching him all night."
Mark Jones testified that he had contacted a civil attorney but that he and his family were not motivated by the opportunity for financial gain in pursuing the case.
Dr. David R. Fern, the doctor who performed surgery on Marcus Jones, testified that the injury was as severe as any injury he had seen in a car accident.
The trial of five FAMU students facing felony hazing charges began about 9:30 a.m. and continued until 8 p.m. Marcus Jones, 19, took the stand for only a few minutes but is expected to be recalled as a witness.
It was FAMU junior Winston Drayton's testimony that took attorneys by surprise. Drayton was one of 27 initiates allegedly beaten. He alluded to a conspiracy and said he was asked by his line brothers to tell Linnes Finney a story. Finney, an official with the national fraternity, was at FAMU in March to conduct an investigation.
Defense counsels asked Drayton if the "story" was an attempt to save the Alpha XI chapter of the fraternity and ensure it was not recalled. He answered yes. The chapter has been suspended from campus until 2013.
Drayton identified the five defendants, Michael Morton, 23; Brian Bowman, 23; Cory Gray, 22; Marcus Hughes, 21 and Jason Harris, 25, as being present on Feb. 26 and 27 at a warehouse in Tallahassee, where the hazing allegedly took place.
But he said he didn't see the defendants hit Marcus Jones. Drayton said that on Feb. 26, he and his line brothers were blindfolded and taken to the warehouse in an SUV. The driver, he said, "sounded like Jason Harris."
He said everyone went into the building and seemed to be yelling, "You all wanted it. Now you got it."
He demonstrated for the jury the "cut" position, where initiates were asked to "hold your testicles, bend down and point." That's when they were caned, he said.
Finney, the southern province's vice polemarch, testified in the afternoon. He referred to telephone conversations with Bowman, Morton and Hughes. Assistant State Attorney Frank Allman briefly brought in Marcus Jones to take the stand to authenticate Finney's information. Marcus Jones identified Bowman as the person driving the car he was in by his voice and the music CD he was listening to. He said there were five vehicles.
Contact reporter
Chitra Subramanyam at
(850) 599-2304 or
csubramanyam@
tallahassee.com.
Here is my perspective from what I've seen and heard from actually being in the court room:
ReplyDelete1. The State rested its case after their own witnesses testifed that the five guys on trial are not the real culprits. There was big "cover up" within the fraternity. Apparently, the fraternity is aware that the entire chapter may have been involved, including chapter leadership. This scenario puts the fraternity in a highly liable position. The state's witness testified on Thursday the fraternity told the initiates to serve up five guys to save the chpater. These five were randomly chosen.
2. The last witness that was called by the state on Friday testified that he was threatened by Leon County Sheriff's Office and the State Atty's Office to testify a certain way. The witness also testified that he never saw any of the 5 guys there the nights in question.
I think these guys will walk, then it appears they will be the ones suing the frat and God knows who else.
They won't sue the fraternity.
ReplyDeleteThey will sue the "you know what" outta the university.
ITs a shame that at an all black University we cant stand behind our own, but at Duke the student body and the University stood behind those boys after RAPE charges and we are screaming to send these boys to jail over hazing! Its disgusting. This boy clearly consented. He is clearly lying, he identifed one of the boys by voice, after he lost his hearing?? Sounds like somebody is trying to get paid. By the way, how many times has this person changed his story to the cops? My prayers are with the Kappas and there families. May God Bless you and the truth of this matter set you free!
ReplyDeleteGotta tell you ole boy pulled this same stunt with the 100.
ReplyDeleteYa know, the band will let you know what's up. I was told that this was gonna happen when word got out that he was trying to get on the line. It is amazing how things look so different on the ground. They should not have driven the process underground. There is a process to everything and work is usually attached. Maybe even a little sacrifice. If you treat it as ill-legitimate, it will become by nurture, ill-legitimate. I think that the statute is biased and borders on unconstitutioal. It maybe time for judicial review and legislative response. It does not make much sense, I agree with 6:57.
ReplyDelete