The Superior Court of Pennsylvania has requested briefs in the case against Daily Collegian photographer Michael R. Felletter, moving his dismissed charges closer to an appeal.
Felletter (senior-visual journalism) was charged with five counts of failure to disperse and one count of disorderly conduct -- both misdemeanors -- after photographing a riot that erupted after Penn State's Oct. 25 football victory over Ohio State last year. Felletter was on assignment for the Collegian.
The charges were withdrawn Jan. 21 but re-filed in March, when one count of failure to disperse was bound over for trial. Centre County Judge David E. Grine dismissed that remaining charge July 22, citing unclear evidence.
Centre County District Attorney Michael Madeira filed an appeal July 31 to the Superior Court in the case against Felletter.
Madeira said the case will "definitely" go to the Superior Court.
"We're utilizing that system to make sure the judge was correct in his decision," he said. "That's what the Superior Court is there for."
Felletter said he hopes the Superior Court agrees with Grine's decision to dismiss the charges.
"I'm disappointed that it's going further," Felletter said. "I hope the Superior Court makes the right decision."
Felletter photographed the riot, during which thousands of Penn State students flooded Beaver Canyon. Police initially arrested 14 people in connection with the incident.
Police said Felletter's photographing caused the crowd to become "more exuberant, excited and destructive," according to the criminal complaint.
In Grine's July decision, he said it is unclear whether Felletter was following police orders to disperse when they arrested him.
He ruled that the prosecution's evidence was foggy in showing whether Felletter complied with police orders to "move along" when he moved from the street to the sidewalk.
Additionally, Grine blamed the rioters, not Felletter, for their behavior.
Felletter is being defended by attorney Andrew Shubin, who took the case on behalf of the American Civil Liberties Union.
Madeira must file briefs before Nov. 16, according to court documents.
If he fails to file in a timely manner, the court will dismiss the appeal.
Shubin could not be reached for comment by press time.
