John Scott Michael, owner of the popular bar Rooster’s Blues House in downtown Oxford, is set to stand trial after being arrested for sexual battery and kidnapping on April 24. According to court documents obtained by The Daily Mississippian, prosecutors are seeking a sentence of 30 years in prison for the charge.
While a preliminary hearing was scheduled for May 11, Michael’s attorney Steve Farese shared that the hearing was pushed back after the charges were brought before a grand jury, which ultimately indicted for only one count of sexual battery, opting not to indict for the kidnapping charge.
“Normally in a preliminary hearing a court would not decide guilt, but it would just decide if there was probable cause for presentation to the grand jury,” Farese said. “In this case, their technique was to dismiss the charges and present it to the grand jury. So, they presented it to the grand jury on two charges: One was kidnapping, and one was sexual battery. The jury did not return an indictment on kidnapping and even if everything she said was true – which we don’t agree with – it wouldn’t have been kidnapping. They did indict on sexual battery.”
Assistant District Attorney Steve Jubera, the prosecutor for the case, estimated that the criminal trial will most likely take place before July 2024.
“The grand jury indicted for one count of sexual battery that will be tried some time early next year,” Jubera said. “That trial will allow justice to be found.”
Farese shared that while he has not been able to cross-examine the individual bringing the claims, he expects that the trial will allow the opportunity to do so. Farese also said that, depending on the outcome of the case, civil litigation may be brought before the individual who made the accusations.
“There’s a difference between not guilty and innocent. We believe he’s totally innocent, and if you’re an innocent party and someone makes a salacious charge against you, then you should have recourse if you succeed in the criminal case. We have recourse, but first we have to succeed in the criminal case,” Farese said.
