Beta Theta Pi’s Penn State chapter submitted a motion to the Common of Pleas last week for the return of two DVR boxes and video tapes that were taken by the State College Police Department during the investigation into Timothy Piazza’s February 4 death after injuries incurred at the former on-campus fraternity’s house, according to the Centre Daily Times.

“The tapes were provided to the State College Police Department with the express understanding that the tapes would be immediately returned and that is the reason why such tapes were handed over to the police without a search warrant,” attorney Mark Bernlohr wrote in a letter to the police department.

Search and seizure consent paperwork signed by two individuals expressed that the DVR boxes would be “returned when finished” and there was no timeframe given for the return of the videotapes. Bernlohr claimed the property was supposed to be returned after copies were made.

“Alpha Upsilon is in the unenviable position of attempting to defend itself from claims asserted by the Penn State University, the Beta Theta Pi General Fraternity, the media, and others, without the benefit of having the opportunity to review the tapes,” Bernlohr wrote, as well as asserting that police have shown the video tapes to those not involved in the investigation without the defunct faternity chapter’s consent.