Defense attorneys for the Beta Theta Pi brothers charged in connection with Timothy Piazza's death continued their cross-examination of a State College police detective on Tuesday.
Steven Trialonas, defense attorney for Daniel Casey, was the first to question David Scicchitano and he asked about text messages sent by Piazza in the weeks prior to his fall.
Trialonas said the texts revealed that Piazza agreed to go to three "Blunts and 40s" parties, a slapshot regatta, a highlighter party, a crate race and said he was "twisted" at a Zeta Psi party.
Scicchitano previously testified that Piazza did not voluntarily go to the bar in the fraternity to get alcohol, but Trialonas cited an interview with a Beta Theta Pi brother that said Piazza asked him to do a shot with him.
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Additional text messages sent by Piazza discussed purchasing marijuana and drug use. On Jan. 12, 2017, Piazza sent a text that said, "I LOVE WEED."
Chief Deputy Attorney General Brian Zarallo objected and said Piazza's toxicology report revealed no marijuana in his system.
"The intent is not to drag his (Piazza's) name through the mud," Trialonas said.
Michael Engle, defense attorney for Gary Dibileo, was the next to cross-examine Scicchitano and asked Scicchitano about what Dibileo did or did not know about Piazza's condition.
Dibileo can be seen lifting a bag of wine for Piazza to drink from in the basement. Scicchitano said there was no evidence that Dibileo told Piazza he had to drink and there was no evidence that Piazza didn't ask to drink from the bag because the video did not have audio.
Scicchitano also said there was no evidence Dibileo moved Piazza to the couch upstairs and never saw Piazza unconscious on the couch.
Engle also read a sequence of text messages between former Beta Theta Pi brother Greg Rizzo and Dibileo. The two expressed remorse that they didn't call for medical help earlier in the night.
One text message from Dibileo to Rizzo said, "We tried our best to get him to the hospital. Wish people listened."
After watching video footage of the incident with investigators, Rizzo texted Dibileo, "This morning you could see he's clearly in so much pain."
Dibileo responded, "Omg."
Leonard Ambrose, defense attorney for Joseph Sala, focused on former fraternity adviser and Penn State assistant athletic director/head football trainer Tim Bream.
Scicchitano testified that Bream procured a bartender to come onto the fraternity premises to serve alcohol. Scicchitano said Bream previously told him that he was unaware of alcohol use on the premises.
Scicchitano was asked if he believed Bream lied under oath about alcohol use at the fraternity and he said, "I believe he did."
Marc Neff, defense attorney for Michael Angelo Schiavone, questioned Scicchitano about Schiavone's involvement.
Scicchitano testified Schiavone was not at the gauntlet, was not at the downstairs social, was not seen drinking alcohol, was not seen offering alcohol and was not seen bringing alcohol to the event.
"Has any new evidence come to light about my client?" Neff asked.
"No," Scicchitano said.
Ronald McGlaughlin, defense attorney for Parker Yochim, made an argument that was similar to Neff's. He questioned Scicchitano about Yochim's involvement and asked Scicchitano if there is any new evidence against Yochim. Scicchitano said no.
Yochim previously had all counts of reckless endangerment dismissed by District Judge Allen Sinclair.
In closing arguments, Andrew Shubin, defense attorney for Nicholas Kubera, began by quoting Abraham Lincoln.
"How many legs does a horse have if you call the tail a leg? Four. Calling a tail a leg doesn't make it a leg," Shubin said. "The Commonwealth is trying to tell you a tail is a leg."
Shubin argued there is no new evidence and it is the same case as the first preliminary hearing. Similar arguments were made by Frank Fina, defense attorney for Brendan Young; Daniel McGee, defense attorney for Jonah Neuman; Rocco Cipparone, defense attorney for Michael Bonatucci; Julian Allatt, defense attorney for Lars Kenyon; Trialonas, Ambrose, Neff and McGlaughlin.
Engle argued the court now has stronger evidence to dismiss the charges, not bound them over. He said the Pennsylvania Attorney General's office presented the evidence in a more streamlined, professional manner than previous Centre County District Attorney Stacy Parks Miller, but asked for the charges to be dismissed.
Lance Marshall, defense attorney for Luke Visser, said Visser primarily faces new charges, which is unlike the 10 others who face charges. Despite the difference, Marshall also said there is not enough new evidence to substantiate the new charges.
In Zarallo's closing argument, he said the Beta Theta Pi brothers had a duty to provide care to Piazza. He cited a Pennsylvania Supreme Court case from 1993, which said a duty of care exists when a social host provides alcohol to a minor.
Zarallo also said the hazing statute is intentionally broad and it covers the entirety of Piazza's fall.
"He was just another young man that wanted to be accepted," Zarallo said.
Forensic pathologist Harry Kamerow's testimony was also part of Zarallo's closing argument. Kamerow testified the brothers should have known something was wrong with Piazza and not thought he was "just another drunk kid."
"It would defy reality to say they weren't aware," Zarallo said.
Sinclair said he plans on issuing his decision Wednesday morning.
Coverage from day two: State College police detective David Scicchitano testified.
Coverage from day one: Forensic pathologist Harry Kamerow testified.