'A procedural mess:' Attorneys for former Beta Theta Pi brothers look to quash appeal

The ongoing saga of the case against former Beta Theta Pi brothers continued Monday, this time with attorneys looking to strike an appeal filed by the Office of the Attorney General.

In March, District Judge Allen Sinclair dismissed all involuntary manslaughter charges against five former fraternity brothers charged in connection with 19-year-old pledge Timothy Piazza's February 2017 death.

Pennsylvania Attorney General Josh Shapiro appealed Sinclair's decision and now all eight attorneys listed in the appeal are seeking to quash it.

Centre County President Judge Pamela Ruest listened to arguments from both parties on Monday.

Rocco Cipparone, Michael Bonatucci's attorney, argued the prosecution can seek a different issuing authority, or presiding judge, only if there was an error of law. He also said the ruling of a judge at a preliminary hearing is not an order that can be appealed.

"The Commonwealth is attempting to circumvent its limited option to refile charges and, if it so chooses, to seek a hearing before a different issuing authority. The latter for which there is no viable basis, just as the court found after the first preliminary hearing," Cipparone said in the motion.

Cipparone is referencing Ruest's Jan. 11 order, which said Sinclair would preside over the second preliminary hearings because he "made a well-reasoned decision" and did not commit "any error of law" during the first preliminary hearing.

Steven Trialonas, Daniel Casey's attorney, said Shapiro's office is attempting to put the former brothers on trial for charges that are not supported by evidence.

"In a single, sweeping statement, the Commonwealth seeks to eviscerate a multitude of safeguards afforded to every criminal defendant by the United States Constitution, the Pennsylvania Constitution and the Pennsylvania Rules of Criminal Procedure," Trialonas said in the motion.

He also said Shapiro's office is acting in bad faith in an attempt to publicly embarrass and harass Casey.

Chief Deputy Attorney General Brian Zarallo disagreed and said the Commonwealth is acting in good faith by attempting to take the most efficient route.

"This case is a procedural mess," Zarallo said. "The Commonwealth is attempting to do things in a manner that is simple, efficient and doesn't drag things out."

Theodore Simon, Luke Visser's attorney, said the Commonwealth is the one who created the procedural mess and called it "chutzpah."

"I will let you know on this," Ruest said. "We need to get this case moving."

This story was originally published May 14, 2018 at 4:06 PM with the headline "'A procedural mess:' Attorneys for former Beta Theta Pi brothers look to quash appeal."