Florida State University

Jury selected for battery trial of FSU Seminoles running back Dalvin Cook

The battery case for FSU star Dalvin Cook starts Monday, Aug. 24, 2015.
The battery case for FSU star Dalvin Cook starts Monday, Aug. 24, 2015. AP

A six-person jury was selected on Friday morning in the misdemeanor battery case of star Florida State tailback Dalvin Cook.

Four women and two men (along with a woman who serves as an alternate) were sworn in and will hear testimony from witnesses on Monday morning.

“I think they’ll be fair and partial in the case, both to Mr. Cook and the state,” assistant state attorney Sarah Dugan said. "All we ask is that they set aside with whatever they heard and make a determination just on the evidence they heard in the court room on Monday.”

Cook is facing one charge of misdemeanor battery for allegedly hitting a woman after a June incident at a Tallahassee bar. He was in court with his legal team, Ricky Patel and Joey McCall, on Friday but did not speak.

Witness lists for both the prosecution and defense were provided to Judge Augustus Aikens Jr. Wide receivers Travis Rudolph and Da'Vante Phillips and quarterback Deondre Francois are on the prosecution's list of witnesses. Wide receiver Ermon Lane was mentioned by the prosecution as a potential witness, but Dugan said she would not be calling Lane to the stand.

Defense attorneys filed a motion late Thursday night objecting to Phillips being a witness since they felt he was a late addition to the witness list on July 29. Patel and McCall said they had just received the audio recording of the Phillips interview with investigators and need time to review it. But neither want to ask for a continuance with football season beginning in two weeks and the trial will begin as scheduled on Monday. Aikens said he will decide on whether Phillips can be a witness on Monday.

Dugan and Patel reiterated on Friday that there is no video of the incident. They instructed the jury that they are not to confuse the Cook case with the case of former FSU quarterback De'Andre Johnson case, which did have video.

"We have exhausted everything," Patel said. "If there were a video off this, I think that this would have been taken care of a long time ago. We have done everything. Some of the witnesses that have now come forth is due to the extension investigation that we have put in. If this had just happened 10-15 feet away, we would have video. ...

"We have an innocent football player who is being accused of attacking another person and there's nothing else except testimony. Hopefully the jurors will be open, they'll listen to testimony and they'll make the right decisions."

Cook has been suspended indefinitely by FSU. As a freshman in 2014, he ran for 1,008 yards and eight touchdowns.

Coach Jimbo Fisher has said he will await the facts of the case before making a decision on if Cook will be able to return to the team and when he will play.

FSU opens the season against Texas State on Sept. 5.

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