The wife of a Bellefonte man who was allegedly assaulted by three Iraq war veterans plans to file a complaint against the attorney defending the soldiers.
Heather Benjamin said she would complain that Philip Masorti, the lawyer for the soldiers, intimidated and badgered witnesses before they testified at a preliminary hearing June 28.
Michael Benjamin was allegedly assaulted on June 24 while walking down College Avenue with his friend Jason Kroboth.
Kroboth attended the preliminary hearing to support Michael Benjamin with his wife, Jennifer Kroboth. Before the hearing, Jennifer Kroboth said she overheard Masorti take witnesses into the hallway and talk about their testimony.
She alleges that Masorti badgered witnesses while speaking to them about their testimony.
Masorti said the allegations are fabricated and that he was only doing his job.
"I am aggressively defending these guys because they need to be aggressively defended," he said.
Jennifer Kroboth said she heard Masorti asking the first witness -- a former police officer -- if he heard Michael Benjamin say any racial statements the night of the alleged attack.
Kroboth said the police officer responded that he had not heard any racial remarks, and Masorti replied with an expletive.
A while later, Kroboth said Masorti brought the second witness into the hallway and asked him the same questions.
"He said, 'Well are you sure you didn't hear anyone yell, 'Hey n----- or jarhead? These are soldiers that need to get back to Iraq,' " she said.
She added that Masorti patted the witness on the back and said to him, "I know I can count on you."
Masorti said any allegations that he intimidated witnesses are false.
"That is remarkably, disgustingly, viciously false," he said.
Masorti also took a stab at Heather Benjamin's credibility in the case, saying she was unaware of what division the soldiers belong to.
"The wife thought the 10th Mountain Division was a hair salon," he said. "It was fascinating."
Because of publicity related to the allegations of intimidating witnesses, Masorti said he has apologized to his family.
"I have apologized to people who are important to me," Masorti said. "I apologized to my mother and to my wife."
Masorti would not say what he apologized for, saying only that it is "private."
Jennifer Kroboth said she did not hear all of the conversation, but when the second witness took the stand, he "sugar coated" the story that he had previously given to Centre County Assistant District Attorney Steve Sloane.
Heather Benjamin said after the hearing, the second witness apologized repeatedly about his testimony to her, Michael Benjamin and the Kroboths.
"He said, 'I know how Masorti is' and he said 'Masorti intimidates me, I don't want to get anyone in trouble, I'm scared,' " Jennifer Kroboth said.
Both Heather Benjamin and Jennifer Kroboth gave written statements to Sloane about the incident and now plan to file complaints to the Pennsylvania Bar Association.

