OKLAHOMA CITY — A University of Oklahoma student wants her negligence lawsuit against the school’s running back over a 2014 incident in which the player was charged with punching her in the face to remain in California federal court.
The Oklahoman (http://bit.ly/2dMc04D ) reports that Amelia Molitor, 22, filed the lawsuit in July against Joe Mixon in court in California, where Mixon is from. The incident with Mixon happened at a Norman restaurant.
Mixon, 20, is seeking to have the lawsuit moved to an Oklahoma City court and dismissed. Molitor believes she cannot get a fair and impartial jury in Oklahoma because of “the status and importance placed on the Oklahoma football program by a large portion of the Oklahoma public,” her attorney, Ben Baker, wrote to U.S. District Judge James Donato.
“The harassment she has undergone since the incident occurred only serves to bear this out,” Baker said, filing two Facebook messages sent to Molitor as evidence of harassment.
Mixon accepted one year of probation and suspension from football for one season in October 2014 after being charged. In his Alford plea, he acknowledged there was likely enough evidence to convict him of misdemeanor assault while still asserting his innocence. He performed community service and underwent counseling.
Mixon’s attorneys contended Molitor did not adequately support her claim of likely jury bias, and told the judge “the state… also is home to another large school – Oklahoma State University – with a rival football team and similarly dedicated fans.” They also said cases come to trial almost 10 months quicker in Oklahoma City federal court than in the Northern District of California.
A hearing on the transfer request is scheduled for Oct. 13.
Information from: The Oklahoman, http://www.newsok.com