Alabama fan indicted on sex charge

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NEW ORLEANS -- An Alabama fan was charged Thursday with sexual battery after authorities say he was captured on video performing a simulated sex act on an unconscious LSU fan after the BCS championship game.

An Orleans Parish grand jury indicted 32-year-old Brian H. Downing on one count each of sexual battery of a male victim and obscenity.

A video that went viral on the Internet is believed to have been taken at a fast-food restaurant in New Orleans after Alabama defeated LSU on Jan. 9. A man wearing Crimson Tide attire appears to be "placing his genitals on an LSU fan's face. The LSU fan appears to be heavily inebriated and practically unconscious," a police statement said.

Authorities say that Tide fan was Downing of Smiths Station, Ala., who had been booked on charges of sexual battery and obscenity. The court set bond at $50,000.

"While we're obviously disappointed, we remain confident in our defense," said Downing's attorney Michael Kennedy.

Kennedy said he hoped the case would be brought to a quick resolution.

"It's my impression that the state is anxious to get this done," Kennedy said. "There is no resolution on the table at this time, but we hope to get something done quickly."

Downing remains "fairly upbeat considering the situation," Kennedy said.

Downing was fired from his job after the video was posted, the attorney said, and has been unable to find another because of charges pending against him.

Copyright 2012 by The Associated Press

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