The remaining defense attorneys cross-examined State College Detective David Scicchitano during the afternoon session of the third day of Beta Theta Pi hearings on charges that mostly were refiled from the previous hearing. The attorneys dissected video footage and text messages earlier Tuesday in their cross-examination.

The second set of hearings for the 11 former brothers on many of the charges that were previously dropped after the first set of preliminary hearings will have a decision via court order Wednesday morning.

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 footbal 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.

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 alcoholic functions, despite preaching the dangers of alcohol when he took the stand during the first hearing. Charged brother Ed Gilmartin discussed during the investigation that he ran alcohol runs and social events by Bream. Bream was also in the house the entire bid acceptance night, having appeared at approximately 5:30 a.m. on the video footage having seen part of the alcohol debris left from the party.

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 February 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 involvement with the St. Moritz party checkers, then the lack of evidence that he was around 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, brought 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 to the couch, in an attempt to get help for Piazza, 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 Jochim, 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 Jochim provided alcohol or set up for the gauntlet obstacle course. The messages in question were Jochim relaying from fellow former brother Daniel Casey to Schiavone to get alcohol for the event.

The receipts from alcohol bought for the event following Jochim’s message didn’t show what Jochim requested, but instead were six Crown Russe handles — a request sent between two different former brothers of the fraternity.

The prosecution highlighted an exchange between Jochim, 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, Jochim 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 District Judge Allen 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 also brought up 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 idea 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 the video footage, as well as the pretense of Dr. Kamerow, Zarallo said he believes this is sufficient to get a new result.

As 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 out that you’re dealing with minors, which “legislation has deemed illegal.”

Zarallo continued with the realities 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.