Arraigned Alabama fan pleads not guilty

The Alabama fan seen on a video apparently committing sexual battery on an unconscious LSU fan after the BCS championship football game pleaded not guilty today at a hearing in Orleans Parish Criminal Court. Brian Downing, 32, of Smiths Station, Ala., was arraigned on one count each of sexual battery of a male victim and obscenity. “We tried to get the judge to reduce the bond, but he left it at $50,000,” says Downing’s attorney, Michael Kennedy.” A video that went viral on the Internet appeared to show someone in a University of Alabama jacket abusing an unconscious LSU fan after Alabama beat LSU for the BCS football championship on Jan. 9. In the video, a man appears to perform a simulated sex act on the LSU fan. The LSU fan, whose name has not been released, has filed a civil lawsuit against Downing. The lawsuit does not specify a dollar figure for damages. It says the LSU fan suffered “mental anguish, humiliation, embarrassment, anxiety and depression … damage to reputation” and lost tuition payments “for having to withdraw from school.” Downing has not been served with that suit, Kennedy says. Since the alleged incident, Kennedy says, Downing’s life has been reduced to scraping by on his wife’s salary and money received from their families. The couple has an 8-month-old son. Kennedy says Downing was fired from his job due to the charges and is not receiving unemployment. The trial date has been set for Sept. 4, Kennedy says. A pretrial hearing will be held July 23.