By Steve Connelly and Geoff Rushton
The remaining defense attorneys cross-examined State College Detective David Scicchitano during the afternoon session of the third day of Beta Theta Pi preliminary hearing on charges that mostly were refiled after being dismissed at the initial hearing last summer. The attorneys dissected video footage and text messages earlier Tuesday in their cross-examination.
District Judge Allen Sinclair said he expects to issue a decision via court order on Wednesday morning on which, if any, of the refiled counts will be bound over for trial for 11 of the former brothers charged in connection with the February 2017 death of fraternity pledge and Penn State sophomore Timothy Piazza.
Leonard Ambrose, attorney for Joseph Sala, focused on the fraternity’s live-in adviser Tim Bream’s involvement in the case.
The former Penn State football trainer, who is not charged in this case, testified during the first hearing about knowing the dangers of alcohol because his father was an alcoholic and also preached temperance and moderation in consuming alcohol to his student-athletes. He testified that he didn’t oversee social activities and didn’t know about activities involving alcohol the night of Piazza’s death
In a text message exchange with Beta Theta Pi brother Michael Angelo Schiavone, Bream set up the fraternity brothers with a bartender for their social in December.
Ambrose continued to list situations when Bream approved of functions involving alcohol, despite preaching the dangers of alcohol when he took the stand during the first hearing. Charged brother Ed Gilmartin reportedly said during the investigation that he discussed alcohol runs and social events with Bream.
Scicchitano said he believes Bream lied under oath.
Bream was also in the house the entire bid acceptance night, having appeared at approximately 5:30 a.m. on the video footage. Ambrose said that Bream must have seen part of the alcohol debris left from the party and walked close by wear Piazza was laying on the ground.
Ambrose argued that if Bream failed to see the inherent dangers of a situation involving underage students drinking alcohol, how could an 18-year old be proven to recklessly endanger a peer with alcohol.
The prosecution followed up with a text from Feb. 8, six days after bid acceptance night, when a few brothers discussed the fate of Bream — saying they never formally asked him about holding the drinking event.
Marc Neff, attorney for Schiavone, keyed in on his client’s interaction with the ‘party checkers’ from St. Moritz security, the firm hired by the Interfraternity Council to do spot checks of social events. He also focused on the lack of evidence that Schiavone left the house early and wasn’t around for the rest of the night.
Schiavone was in charge of risk management for the fraternity. He is charged with one count of conspiracy to commit hazing, 13 counts of recklessly endangering another person, 12 counts of furnishing alcohol to minors, and 12 counts of unlawful acts relative to liquor.
Schiavone wasn’t on tape during induction ceremony and was seen on camera going upstairs. He came back down to deal with the party checkers.
Schiavone, who Neff said during the first hearing wasn’t drinking, took home a female party guest who was sick.
Scicchitano said that Schiavone was seen on video walking up to the couch quickly to see Piazza and later in the night returning with his coat on to head upstairs. He confirmed that Schiavone wasn’t at the bid acceptance or following social event.
Julian Allatt, attorney for Lars Kenyon, brought Greg Rizzo — a brother who wasn’t charged in this case — back into the mix for the third time in this set of hearings.
Kenyon guided Piazza from the fraternity basement to an upstairs couch, in an attempt to help Piazza, who at that point was visibly intoxicated, according to previous testimony upheld Tuesday by Scicchitano. Piazza fell down the stairs attempting to get back to the basement while Kenyon went to get him water.
The friend of the female party guest who was ill gave a statement for the investigation that she asked Kenyon about “the boy on the couch,” and she got the impression from him that it wasn’t serious.
Kenyon went back to his dorm shortly after, and would not have first hand knowledge of Piazza’s struggles in the middle of the night. However, he did have information, in what Allatt said could have come from Rizzo, who he said was there.
Kenyon is charged with one count of conspiracy to commit hazing, 14 counts of recklessly endangering another person, one count of furnishing alcohol to minors, and one count of unlawful acts relative to liquor.
Ron McGlaughlin, attorney for Parker Jax Yochim, clarified text messages detailed in the investigation that show an alcohol request from his client — who is charged with one count of conspiracy to commit hazing, 14 counts of recklessly endangering another person, one count of furnishing alcohol to minors, one count of unlawful acts relative to liquor, and one count of consumption of alcohol by a minor.
Aside from text messages, there isn’t evidence that Yochim provided alcohol or set up for the gauntlet obstacle course. The messages in question were Yochim relaying from fellow former brother Daniel Casey to Schiavone to get alcohol for the event.
The receipts from alcohol bought for the event following Yochim’s message didn’t show what Yochim requested, but instead were six handles of vodka — a request sent between two different former brothers of the fraternity.
The prosecution highlighted an exchange between Yochim, the chapter’s Interfraternity Council representative, and former chapter president Brendan Young when the two discussed a violation they received from IFC.
McGlaughlin countered that having been aware about the damage receiving another violation could do, Yochim couldn’t have known about the events happening bid acceptance night.
Following the cross-examination, the hearing concluded with recitation.
The consensus among the defense was that the process with the refiled charges has already been played out in the first hearing, therefore those charges should be dismissed once again with the lack of new evidence coming from these hearings.
“What have you heard that is new that would support these charges,” Steve Trialonas, attorney for Daniel Casey, said to Sinclair.
Young’s attorney, Frank Fina, added that the most interesting piece of new evidence was from medical examiner Dr. Harry Kamerow, who ruled that Piazza’s death was an accident.
Issue was taken with one of the new charges, conspiracy to commit hazing, because the defense claims there isn’t evidence to support that this was a formulated agreement among the brothers charged.
Deputy Attorney General Brian Zarallo refuted the idea that this is the same case it was in the summer when the original decision to dismiss these charges was made. With new evidence presented from recovered video footage, as well as testimony from Kamerow, Zarallo said he believes there should be a new result.
For the reckless endangerment charges, Zarallo showed an example of hazing and its impact on the pressure to drink in this given scenario. He also pointed to a state Supreme Court decision that ruled that there is a duty of care when a social host serves alcohol to a minor, which itself is illegal
Zarallo continued with the results of the decision to not call 911 immediately after Piazza fell head first down the steps. With Tim Piazza’s mother Evelyn in tears in the courtroom, Zarallo played the video of Piazza struggling over periods of time after the impact — stressing that the argument that the Beta Theta Pi brothers are not doctors isn’t valid in this case.
“100 percent unconscious. It defies reality to say that this guy was just drunk and passed out,” Zarallo said.
