The attorney representing Christopher and Jason Rosengrant asked a judge yesterday to dismiss charges of involuntary manslaughter against the two All American Rathskeller employees.

After hearing arguments at Centre County Courthouse in Bellefonte from both defense attorney Karen Muir and District Attorney Ray Gricar, Judge Charles Brown said he would make his decision on the request "in a couple of weeks."

Muir said the charges should be dropped against the two brothers because they had no way of knowing their physical contact with Penn State student Salvador Peter Serrano would result in his death.

Serrano died while being restrained during an altercation outside the All American Rathskeller, 108. S. Pugh St., on Oct. 26.

If Brown grants the defense's petition, the charges against the Rosengrants would be dismissed. Otherwise, the case would proceed to trial with a pre-trial conference scheduled for March 25.

Yesterday's hearing was granted last week after Muir filed a petition asking the court to review District Justice Thomas Jordan's decision to send the case to trial.

"No one could have foreseen restraining someone in this manner would cause death. They were holding him on his side, which is the correct position for someone who is vomiting," Muir said.

Witness accounts given during the Jan. 15 preliminary hearing differed as to how Serrano was being restrained.

Muir cited the testimony of the pathologist, Dr. Gordon Handte, who performed the autopsy on Serrano. Handte testified during the preliminary hearing that Serrano's vomiting probably wasn't foreseeable by those restraining Serrano. He also testified that Serrano's blood alcohol level of 0.24 percent made it hard for his body to deal with vomiting.

Muir also brought up the testimony of two State College police officers, who said during the preliminary hearing that they had responded to similar incidents at the All American Rathskeller, and none of those incidents had resulted in death.

Gricar said in a telephone interview yesterday that he expects the judge will deny the defense's petition.

He said despite the fact that no death similar to Serrano's has ever happened in State College, that doesn't mean it was an unforeseeable event.

"We have undisputed testimony of these men picking up Mr. Serrano, throwing him to the ground and then getting on top of him. I don't think it's unforeseeable that someone could die from that. When you violently throw someone they can die from a fractured skull or a broken neck, in addition to the way Mr. Serrano died," Gricar said.

In a telephone interview yesterday, Muir said she disagreed with Gricar's characterization of the Rosengrants' contact with Serrano.

"I would think that if anyone were picked up and thrown to the ground, there would be more [visible] injury," Muir said, referring to Handte's testimony that during the autopsy, he found only minor bruising on Serrano's body.

Muir said she and her clients were anxiously awaiting Brown's decision.

"I was pleased that Judge Brown was listening attentively and was prepared for the hearing," Muir said.

Yesterday's hearing lasted for less than an hour.