BELLEFONTE, Pa. — A district judge may decide by the weekend whether prosecutors have presented enough evidence to hold a trial for former members of a now-closed Penn State fraternity charged in connection with a pledge’s death.
Before a preliminary hearing resumed for a seventh day on Thursday, District Judge Allen Sinclair told reporters he expected the arguments to wrap up later in the day, and he could rule on Friday whether charges should be forwarded to county court for trial.
Attorneys for 10 of the 17 defendants are still waiting to make their final arguments.
Early Thursday, defense attorney Michael Engle argued that “the voluntariness of the drinking” is an important factor when considering the death of 19-year-old Tim Piazza, of Lebanon, New Jersey.
“What we have is evidence from this record that this tragic death was simply not foreseeable here,” said Engle, who represents defendant Gary DiBileo.
Former members of the Beta Theta Pi fraternity face charges ranging from involuntary manslaughter and aggravated assault to hazing and alcohol violations.
On Wednesday, defense lawyers asked Sinclair to dismiss some or all of the charges, arguing their clients didn’t act recklessly or maliciously during a night of drinking and hazing.
