Athletics: Mistrial in discrimination claim against UL

The Associated Press, March 11, 2016

 

BATON ROUGE — A Baton Rouge judge has declared a mistrial after a jury deliberated for more than seven hours but couldn’t decide whether the first black head football coach at the University of Louisiana at Lafayette was fired because of the color of his skin.

The jury of six women and six men — nine of whom are white and three black — told District Judge Todd Hernandez shortly before 9 p.m. Thursday that they were deadlocked and could not reach a verdict on Jerry Baldwin’s racial discrimination claim.

Baldwin’s attorney, former Louisiana-Lafayette football player Karl Bernard, said afterward that he will pursue another trial.

“It’s been a long haul. To not get a verdict is disappointing,” Bernard said at the conclusion of the eight-day trial.

Baldwin’s teams compiled a combined record of six wins and 27 losses in his three seasons at the helm, but he contends he was terminated because of his race.

Bernard argued that Baldwin inherited a bad team from his predecessor, Nelson Stokley, who had a record of 62-80-1 from 1986 to 1998 but was just 1-10 and 2-9 in his final two seasons, respectively.

“Nobody expected him to turn that program around in three years,” Bernard said of Baldwin, claiming further that Baldwin was given no indication his job was in jeopardy.

Bernard flatly stated Baldwin would not have been fired with one year remaining on his four-year contract if he were white. Baldwin was paid for the final year of the contract.

One of the university’s attorneys, Stephen Oats, rejected Bernard’s contention, arguing that the cold, hard truth in college football is that success is measured by winning and losing.

“Six wins and 27 losses — worst record at the university in 115 years,” Oats told the jury.

Oats argued university President Ray Authement was not part of some “grand conspiracy” to fire Baldwin based on his race.

“We all know we have racism and bigotry in our world, but you have to have evidence. It can’t just be a theory,” Oats said of Baldwin’s case.

Oats said Baldwin also was terminated because of falling attendance at home games and declining revenue.

Stokley’s teams won 43 percent of their games. The teams coached by Baldwin’s successor, Rickey Bustle, who like Stokley is white, won 38 percent of their games, posting an overall record of 41-65 from 2002 to 2010. Baldwin’s teams won just 18 percent of their games from 1999 to 2001.

Stokley died in 2010.

An East Baton Rouge Parish jury awarded Baldwin $2 million in 2007, but a state appellate court cited jury selection, jury verdict form and expert witness issues in tossing the verdict two years later and ordering a new trial.

Hernandez ruled in 2011 that Louisiana-Lafayette acted within its contractual rights when it fired Baldwin. An appeals court reversed him, but the state Supreme Court ruled in 2014 the university did not breach Baldwin’s contract.

Baldwin is now a pastor at New Living Word Ministries in Ruston and principal of New Living Word school, where he also coaches.

Baldwin’s attorney, former UL football player Karl Bernard, said afterward that he will pursue another trial.

Baldwin is now a pastor at New Living Word Ministries in Ruston and principal of New Living Word school, where he also coaches.