Arguments are set to begin in the LSU fraternity hazing death case. Former student Matthew Naquin is charged with negligent homicide in the 2017 death of Maxwell Gruver.
Prosecutors may have a hard time convincing jurors that Max Gruver was forced or coerced into doing anything he didn't want to do.
"The whole question comes down to was there any forceable giving of alcohol or was it all voluntary by Mr. Gruver?" said Loyola law professor Dane Ciolino. "Here, Mr. Gruver was definitely involved in this activity, consented to it, and as a result that should be the centerpiece of the defense's argument."
Ciolino says if the district attorney can prove that Matthew Naquin acted negligently, and continued giving drinks to an obviously drunk Gruver, they could win a conviction.
"At the end of the day, the prosecutors have got to prove beyond a reasonable doubt that the conduct of this defendant caused the death of Mr. Gruver," Ciolino said.