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Defense Cross-Examines Detective In Day Three Of Beta Theta Pi Hearing

Defense attorneys dissected video footage and text messages leading up to and in the immediate aftermath of Beta Theta Pi bid acceptance night on day three of the second set of preliminary hearings related to the death of Penn State sophomore Tim Piazza at the fraternity house last February.

These hearings are for 11 former brothers on refiled charges that were previously dropped after the first set of preliminary hearings.

Tuesday continued from day two’s cross-examination of State College Detective David Scicchitano.

Steve Trialonas, attorney for Daniel Casey, seesawed between messages from the days and weeks leading up to the events on February 2, Beta Theta Pi bid acceptance night, that led to the death of Piazza.

Following up attorney Frank Fina’s cross-examination of Scicchitano when he released that Piazza had made several searches for information about severe abdominal pain, suggesting the injury had occurred earlier, Trialonas listed events Piazza said via text that he was going to 18 rush events — including an event called slap-shot regatta, described as “a game in which two players take a series of slap shots at each other, usually ill-equipped” to deal with the blows.

Trialonas inferred that the event, which happened six days before Piazza searched about severe abdominal pain, was a possible source of the bruise on his abdomen that medical examiner Harry Kamerow testified on Friday was consistent with the ruptured spleen that caused internal bleeding.

Trialonas questioned Scicchitano about Piazza’s drug usage, using text messages from his phone from as far back as January 10. Scicchitano said that he did not know if Piazza had smoked marijuana bid acceptance night. Trialonas used the text exchanges between Piazza and a number of different people to show it was a possibility, and continued that Kamerow’s statements from Friday showed being under the influence of both alcohol and marijuana could have led Piazza to experience worse symptoms.

Prosecution objected to the matter, stating it didn’t matter what happened in the previous weeks, there is no evidence that Piazza was under the influence of marijuana during the night of his fall.

Michael Engle, attorney for Gary DiBileo, based his cross-examination of Scicchitano on his client’s role in the fatal evening. DiBileo is charged with one count of involuntary manslaughter, one count of conspiracy to commit hazing, five counts of furnishing alcohol to minors, and five counts of unlawful acts relative to liquor.

Replaying elements of the video showed Monday, Engle pointed out that DiBileo did not witness the fall, was not present when Piazza was carried up the stairs from the basement, and never saw Piazza unconscious. DiBileo also wasn’t present when brothers found Piazza in the morning, debated calling 911 and cleaned the area, or when paramedics took Piazza out of the house.

Greg Rizzo, DiBileo’s roommate who is not charged in the case, had been present to see an unconscious Piazza — appearing to administer a sternum rub that did not elicit a response and pouring a beverage on Piazza in the video footage.

DiBileo and Rizzo had a text exchange from February 3 in which DiBileo told his roommate that he believed Piazza’s more serious injuries occurred from falls later in the night, having seen him earlier in the night and not thinking that he was in that serious of a condition. Both agreed that he should have been taken to the hospital earlier.

The messages from Rizzo to DiBileo included information that appeared to come from the video footage. DiBileo questioned Rizzo on different pieces of information that Rizzo was finding, such as whether or not Piazza was conscious. DiBileo often responded in shock to the answers.

“Why the fuck didn’t we just call 911?,” DiBileo texted Rizzo.

Engle continued to bring up Rizzo, as well as Kordel Davis, saying that both knew about the hazing events that were going to transpire on bid acceptance night. However, unlike DiBileo, neither were charged with any sort of crime.

Deputy Attorney General Brian Zarallo countered that Rizzo and Davis hadn’t played a known role in the gauntlet obstacle course, like running a station, as DiBileo had.

Lance Marshall, attorney for Luke Visser, questioned Detective Scicchitano on the order and accuracy of the events listed from the video footage.

Visser, who ran the beer pong station of the gauntlet, is charged with one count of involuntary manslaughter, one count of conspiracy to commit hazing, 11 counts of furnishing alcohol to minors, and 11 counts of unlawful acts relative to liquor.

Marshall noted the lack of message evidence involving Visser, as well as his lack of involvement in the fraternity GroupMe. He said that there wasn’t evidence that Visser played a role in planning or set up of the beer pong station.

Marshall also attempted to argue that there wasn’t confirmation on the order of who gave Piazza wine, noting that Piazza goes off screen at one point, while Visser wasn’t on screen, and what happened in that corner can’t be verified.

“Tim Piazza came out of that space and there’s not much room over there to begin with,” Scicchitano said. “Tim Piazza came out of that space, and he’s 6’3”, 200 lbs.”

In one of the stranger ordeals of the hearing, Andrew Shubin, attorney for Nicholas Kubera, questioned if Scicchitano could identify what kind of beer was displayed in a clip of the video footage. When Scicchitano stated he couldn’t, Shubin argued that it would be fair to say that it couldn’t be confirmed that it was beer.

“I saw no soda or tomato juice the entire time,” Scicchitano said. “…I made that decision [to report that it was beer] for a reason. I would have to see the clip again.”

Rocco Cipparone, attorney for Michael Bonatucci, closed out the morning cross-examination of Detective Scicchitano — focusing on his client’s lack of involvement on bid acceptance night after arriving later and leaving early from the social.

Scicchitano confirmed that there isn’t evidence that Bonatucci had any direct interaction with Tim Piazza throughout the night.

Cipparone argued that Bonatucci, who is charged with nine counts of recklessly endangering another person, did not injure or intend harm on anyone during bid acceptance night.

Bonatucci is also charged with conspiracy to commit hazing. Cipparone questioned Scicchitano on when the conspiracy began, as Scicchitano confirmed Bonatucci wasn’t in on the planning of gauntlet obstacle course, wasn’t aware that there was an obstacle course, and didn’t purchase alcohol for the event.

Scicchitano noted that the conspiracy started for Bonatucci when he carried the beer into the house. He is also spotted in the grand jury report handing beer out to four pledges.

The hearing is slated to continue later Tuesday afternoon.

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About the Author

Steve Connelly

Unfortunately, former editor Steve Connelly has graduated. Where is he now? He might be doing something related to that PR degree he got in 2019. Maybe he finally opened that sports bar named after one of his photos, the Blurry Zamboni. Or he might just be eating chicken tenders and couch surfing. Anything’s possible. If you really want to know, follow him on Twitter @slc2o.

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