Fox59

8:22 p.m. EDT, May 28, 2010
Carmel, Ind.—

The attorney for one of the former Carmel High School basketball players charged with battery are now talking about the case. Robert Kitzinger is one of four boys accused of assaulting some of his teammates. He waived his initial hearing in court Friday.

Kitzinger's lawyer said the young man and his family are upset about the allegations. In a statement issued Friday, he said: "anyone who knows this family can attest to the extremely difficult times this family, as well as all of the families of all of the boys involved in this entire matter, have been through for the past four months."

The attorney went on to say his firm looks forward to defending Kitzinger in court. A trial date for Kitzinger hasn't yet been set.

STATEMENT ON BEHALF OF ROBERT KITZINGER:

As many of you are well aware, it is not our customary approach to discuss our pending cases with the media. However, in this particular case, there have been so many unfounded rumors that we feel it is important to answer at least some of these baseless statements. First and foremost, our client and his family have been devastated by the accusations which have led to the charges being filed by the grand jury last week. Anyone who knows this family can attest to the extremely difficult times this family, as well as all of the families of all of the boys involved in this entire matter, have been through for the past 4 months. To suggest otherwise is simply a distortion of the situation.

Especially in these times of instant information and a media racing to "break a story," it is essential to keep in mind that all of our citizens have a Constitutional right to defend themselves against all criminal charges. This is done through the presentation of evidence, not rumors, and it is done in a courtroom, not through a sensationalistic media. We look forward to our opportunity to provide that evidence in the proper forum.

We certainly respect the grand jury system here in Indiana and the time and energy spent by this particular grand jury in their attempt to find supportable charges. This grand jury, like all grand juries, did not hear one word of defense evidence nor did it hear one witness cross-examined. Against this backdrop, six Hamilton County citizens found no basis to charge any of the young men with any crimes of a sexual nature. We caution all of those individuals who are condemning the process which led to the charges filed to understand that the process is intended to reflect the credible evidence which supports the charges filed. After that point is reached, every individual accused of a crime, especially 18 year olds with no disciplinary or criminal records of any kind, have the right to defend themselves in a court of law. We plan to help our client exercise that right in this case.

JAMES H. VOYLES
#631-49
VOYLES ZAHN PAUL HOGAN and MERRIMAN
141 E. Washington Street
Suite 300
Indianapolis, IN 46204
(317) 632-4463

BRUCE BOJE
#2818-29
Attorney at Law
1312 Maple Avenue
Noblesville, IN 46060
(317) 773-4400