A Centre County judge ruled Wednesday that the actions of a few are a reflection of the whole, as he sent two fraternities' criminal charges to trial for their involvement in the events leading up to the death of Penn State freshman Joseph Dado.
But Phi Gamma Delta (Fiji) attorney Ronald McGlaughlin said the commonwealth must now let a jury decide whether the Fiji and Alpha Tau Omega fraternity organizations are guilty of furnishing alcohol to Dado, 18, and others on Sept. 19.
"They are being drug through the mud -- 7/8 of the affidavit of probable cause talks about them," McGlaughlin said in his closing arguments, waving the court documents. "If five brothers go out and buy beer to watch a football game, is the fraternity responsible for that? I would suggest to you that they're not."
Before announcing his ruling, Centre County Judge David E. Grine said he changed his mind about whether to drop Fiji's charges after Centre County Assistant District Attorney Carolyn Larrabee questioned Penn State junior Michelle Rotella, 20.
"It was a regular college party," Rotella testified, describing Fiji's apparent Sept. 19 social function, which she said included a bar and beer.
In her closing arguments, Alpha Tau Omega attorney Kathleen Yurchak said that ultimately the young adults attending the party chose to consume alcohol at the fraternity's 321 E. Fairmount Ave. property.
"There is no corporate liability -- 18-year-olds voluntarily helped themselves to beer," Yurchak said.
Larrabee noted that Dado and his friends, including his roommate Ryan Stroup, wore Interfraternity Council (IFC) wristbands to get into each of the fraternities and did not have to show their identification or give their ages. IFC officials gave students interested in joining a fraternity wristbands at an IFC meeting earlier in the semester.
"We were told we needed to have wristbands to get into parties," Stroup testified.
McGlaughlin argued that Fiji, 319 N. Burrowes Road, isn't responsible for whether one person supplies a minor with alcohol and noted that Dado's consumption of alcohol allegedly happened in John "Jack" Townsend's room.
Townsend, who authorities said was the last to see Dado alive when Dado left Fiji, waived his right to a preliminary hearing last week.
Maintenance workers discovered Dado, of Latrobe, Sept. 21 in an exterior stairwell near the Steidle Building. Toxicology reports show he had a blood alcohol content of .169 percent at his time of death. Authorities believe Dado and his friends drank alcohol at the two fraternities.
Following the hearing, McGlaughlin reiterated his belief that Fiji is unfairly taking the blame.
"The IFC hands out these bracelets and knows there is going to be alcohol," he said. "Penn State wants to talk about alcohol, but they look the other way."
McGlaughlin said the Dado tragedy "shines the spotlight" on a drinking problem that every major university faces. But it's a problem he said is being unjustly pushed upon the fraternities.
IFC President-elect Max Wendkos attended the hearings to gather facts and information.
"The leadership of ATO and Fiji have behaved very admirably throughout all of this," Wendkos (senior-marketing and psychology) said.
