Hearing concludes in death of pledge at PSU

Ruling expected today on trials of brothers

The Philadelphia Inquirer

BELLEFONTE, Pa. — Lawyers for Penn State University fraternity members accused in the hazing death of a pledge argued Thursday that prosecutors have failed to prove the most serious allegations as a judge neared a decision on whether to order the defendants to stand trial.

But as closing arguments from lawyers for 16 fraternity members accused in the death of Tim Piazza, 19, concluded Thursday, Centre County District Attorney Stacy Parks Miller remained confident in her case.

“I’m happy that it’s finished,” she said, standing with the Mr. Piazza’s parents, Jim and Evelyn Piazza. “And I think [the Piazzas] very much deserve an answer.”

Magisterial District Judge Allen Sinclair plans to rule at 11 a.m. Friday on whether the defendants, charged with varying offenses including aggravated assault, involuntary manslaughter and hazing, will be bound over for trial. His decision will culminate a seven-day preliminary hearing that began in June and was continued three times.

Defense lawyers have sought to minimize their clients’ role in the death of Mr. Piazza, a sophomore engineering major from Lebanon, N.J. They have argued that there’s no proof their clients’ actions led to his death following a booze-soaked pledge initiation party at the Beta Theta Pi house.

Theodore Simon, who represents Luke Visser, one of the students charged with aggravated assault and involuntary manslaughter, also alleged there’s no proof to distinguish how much alcohol Mr. Piazza consumed during a drinking “gauntlet” for fraternity members from the social event that followed, which he characterized as voluntary.

He also questioned how injured Mr. Piazza was after his fall down the basement steps the night of the Feb. 2 party, arguing that he can be seen on a video, not shown by the