The attorney defending two All American Rathskeller employees charged with involuntary manslaughter has filed a petition challenging a judge's decision to send the case to trial.

Karen Muir, the defense attorney representing Christopher and Jason Rosengrant, filed the petition for a writ of habeas corpus last week with the Centre County Court of Common Pleas.

The petition seeks to overturn District Justice Thomas Jordan's ruling that there is enough evidence for the Rosengrants to go to trial.

The petition requires one of the court's three judges to review a transcript of the Rosengrants' Jan. 15 preliminary hearing. The judge must then make a second determination on whether there is enough evidence to bring the two brothers to trial on charges in the death of Penn State student Salvador Peter Serrano.

Serrano died Oct. 26 during a physical altercation outside of the All American Rathskeller, 108 S. Pugh St.

District Attorney Ray Gricar said he is confident the case will go to trial.

"I think the judge will deny the petition, and I think the district justice was correct in deciding there is enough evidence," Gricar said yesterday.

If the common pleas judge were to overturn Jordan's ruling, the case would be dismissed. Gricar said if that happens, he would appeal to the Pennsylvania Superior Court.

A hearing on the petition has yet to be scheduled, and a decision isn't expected before the Rosengrants' Feb. 9 arraignment.

In an interview with Muir after the preliminary hearing, she said her clients intend to plead not guilty and request a jury trial at the arraignment.

Phone calls placed yesterday to Muir's office were not returned.