Jefferson makes court appearance, trial delayed
MEGHANNE DOWNES
Associate News Editor
The civil trial of Clifford Jefferson, the former Notre Dame football player who faces a lawsuit for an alleged rape, was delayed indefinitely Tuesday following unprecedented rulings by a St. Joseph County Superior Court judge, said one of the plaintiff's attorneys.
Judge Jenny Pitts Manier denied the plaintiff's motion for summary judgment. A summary judgment asks that the judge make a decision without a jury trial.
Lee Korzan, one of the plaintiff's attorney's, said Jefferson surprised Manier and attorneys when he appeared because he had failed to cooperate with lawyers and attend prior court dates.
"He got a break today he didn't deserve," said Korzan. "He has done nothing to warrant this and he ignored court and counsel. To walk into trial the way he did today after two years of ignoring the system is outrageous."
The plaintiff, a former Saint Mary's student, claimed Jefferson raped her in March 2001. She filed her civil suit after criminal charges were not brought against Jefferson. She alleged that Jefferson engaged in nonconsensual sexual acts with her in his car parked outside of her dorm.
The woman withdrew from Saint Mary's following the incident.
In November, Jefferson ignored 67 requests for admissions, according to the South Bend lawyer. By failing to respond to the requests, the legal system regarded these requests as admissions.
But Tuesday Manier withdrew most of those admissions. Korzan said it was unprecedented for admissions to be put aside on the day of the trial when a defendant repeatedly ignored the judicial system.
"We were hoping to bring closure to the victim today, and what happened was beyond everyone's worst-case scenario and we are back to square one," said Korzan. "It has been two years since this rape occurred and the young lady has been through a lot. She feels as though she is being victimized again."
Manier did not call a jury for the trial because she did not think that Jefferson would appear, said Korzan. The 2001 Notre Dame graduate failed to appear at previous hearings on Dec. 3 and Jan. 3 and to cooperate with both his own attorney and the victim's attorneys before the trial.
According to the South Bend Tribune, Manier ruled on Jan. 3 that Jefferson would not be permitted to present witnesses or evidence at trial. The trial was to begin Tuesday.
Jefferson, a former cornerback on the Irish football team, appeared in court Tuesday without an attorney. In October, Manier granted Jefferson's attorney permission to withdraw after he failed to cooperate.
Manier told Jefferson to hire an attorney and recused herself from the case without providing a reason, Korzan said. Manier then named three judges for the postponed trial. Each side has 10 days to eliminate a judge and the remaining judge will preside over the case.
Michael Anderson, the other attorney for the plaintiff, eliminated one of the judges and asked Jefferson to make his elimination in open court, said Korzan.
Korzan escorted his client out of the courtroom when he could see the direction the trial was headed.
Korzan said he and Anderson will still pursue the case and wait until the new judge takes over the case before determining what actions they will take.
"She is going to get her day in court. We are going to get that guy, and we are going to hold him accountable for what he did," said Korzan.
He said it is unclear whether the new judge will consider the rulings made by Manier and he did not rule out the possibility of an appeal.
"We are dealing in uncharted territory because neither Anderson nor I, in our many years of practice, have ever handled a case like this," said Korzan.
All News Stories for Wednesday, January 22, 2003
