Defense attorney of former BTP member says client also a ‘victim’ during Timothy Piazza preliminary hearing – The Daily Collegian Online

BELLEFONTE Jim and Evelyn Piazza looked disgusted and disappointed as they sat front row for Tuesdays portion of the preliminary hearings into the death of their son,Timothy.

And defense attorney Andrew Shubin, representing former Beta Theta Pi member Nicholas Kubera, posed a question to Detective David Scicchitano that later made Jim Piazza's jaw drop.

Hes also a victim, right? Shubin asked referencing the hazing his client underwent for pledging in 2016.

Centre County District Attorney Stacy Parks Miller called it a disregard for the Piazza's.

His son has been killed, his son is dead, Miller said in a public address referring to Jims emotions in the courtroom.

Defense lawyer argues Piazza wasn't forced to drink

Tuesdays preliminary hearing came to a close in the Centre County Courthouse with at least two days of cross examinations left for the defense.

The date has not been officially decided, but Judge Allen Sinclair alluded to the proceedings continuing into next month.

A recurring theme in the hearings was for the defense to address those former Beta Theta Pi members not charged in the case.

When prompted by Rocco Cipparone, attorney for Michael Bonatucci, Scicchitano read a text message that was sent to Piazza before the rush event.

The text message sent by Kordel Davis read: Get ready to get f***** up, stipulating that Davis expected Piazza to consume extreme amounts of alcohol that night.

MORE: List of all charges the 18 former BTP brothers face

Cipparone rhetorically asked Scicchitano to point Davis out in the courtroom Davis is not facing any charges for his involvement in the case.

According to video surveillance, Davis was forcefully dismissed by his fraternity brothers when he told them to call 911 for Piazza as seen in the video footage.

During cross examination, Scicchitano agreed with Cipparone that there was no evidence Bonatucci was in the house at the time of Piazzas fall and that he exercised his fifth amendment right to forgo speaking with police.

Michael Leahey, attorney for the Alpha Upsilon chapter of the fraternity, received portions of the surveillance video not shown in court through another lawsuit.

It was Leaheys notes on the video that gave Cipparone a good faith basis that his client left the Beta house around 11:10 p.m., noting that Bonatucci is not seen in any part of the video after that time.

The video footage showed during the first day of preliminary hearings confirmed Davis presence in the fraternity and that he had seen Piazza unconscious after his first fall down a flight of stairs.

Davis joinsPenn State Football Head Athletic Trainer Tim Bream as others the defense believes should be facing charges.

Davis testimony with Scicchitano was again referenced when Michael Engle began his cross examination.

Engle is representing former Beta Theta Pi member Gary DiBileo, who he argued during his cross examination wanted to call 911 after Piazzas first fall.

Scacchiano agreed in questioning that DiBileo did not witness Piazzas fall and is never actually seen on the video footage until after Piazza was brought upstairs.

DiBileo reportedly told police that when his roommate Greg Rizzo informed him of Piazzas fall, they advocated for medical attention to be sought for Piazza.

No such call was made though, as DiBileo said they deferred the task to the executive board of the fraternity.

Engle pointed out that much like Davis, Rizzo also left the decision to call for medial assistance up to the higher ups in the fraternity and was not charged.

Listening to discussion as to why the former fraternity members waited so long to call for help leaves Jim almost shaking in his seat.

"Tim Piazza's father Jim Piazza told me yesterday walking out of the courthouse there isn't a moment during these hearings that he doesn't think about Tim and think about how much he and his wife miss him," said Tom Kline, attorney for the Piazzas.

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Defense attorney of former BTP member says client also a 'victim' during Timothy Piazza preliminary hearing - The Daily Collegian Online