Today Kiefer Sutherland's attorney declared his client was not the instigator in the headbutting incident last week. He was charged last Thursday with third-degree assault after an early morning scuffle at SubMercer, where he "attacked" a designer who may or may not have shoved Brooke Shields. (He said/she said can get confusing after 2 a.m.!) Reportedly designer, Jack McCollough claims Sutherland broke his nose, though the initial police report only noted a small gash (his reps later said it was more serious). The 24 stars attorney said, "We are troubled by the untruthful and self-serving information circulating regarding Kiefer Sutherland and events of last Monday evening. Out of respect for this law enforcement process, Kiefer Sutherland will not be making any comment.''