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Former State Senator cited for giving teen unwanted hug, kiss on head

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By BESS CASSERLEIGH
WBRZ News Two

BATON ROUGE — Former state senator and state representative Francis Heitmeier was issued a summons after allegedly touching a 16-year-old Tiger Stadium employee without her consent.

Documents obtained by the WBRZ Investigative Unit show the incident occurred in the suites area during the LSU-South Carolina football game on Oct. 11.

Heitmeier, 75, is accused of touching the girl's shoulders and back as well as kissing her on her head.

Last week, he was read his Miranda rights and issued a misdemeanor summons for simple battery by the LSU Police Department, which, according to police, constitutes an arrest. 

However, since it was a summons, Heitmeier was not booked into jail and his mugshot was not taken. 

His lawyer, Pat Fanning, calls the ordeal a misunderstanding. Fanning says Heitmeier asked if he could hug the employee, but did not hear her say "No" and did it anyway, as well as kiss her on the forehead. Fanning also disputes that Heitmeier was actually arrested.

In Louisiana, simple battery doesn't have to be a violent offense.

"Any use of force, however slight, could be a battery," said attorney Tommy Dewey, a defense lawyer not involved in the case.

Dewey says charges are usually up to the discretion of law enforcement.

"Without the consent of that person, if you touch somebody, that is considered simple battery. Now, I'd like to think that we'd try to keep it within reason, but if you don't know someone and you're touching them, that would fall within simple battery."

He says the intent of the person being accused doesn't always matter.

"Many people were raised with 'I'm gonna give you a hug, handshake, a kiss on the cheek' and they think nothing of it because that's the way they were raised, but different generations now feel it's uncomfortable or places them in apprehension or fear, then they're within their rights to move forward," Dewey said.

Heitmeier was elected as a state representative from Orleans Parish in 1984 and served until 1992, when he was elected to the state Senate, where he served until 2008. He ran unsuccessfully for secretary of state in 2006.

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