OT: All serious charges dropped against PSU frat brothers in pledges death....

[pitt-girl]

This makes me sick for the dead kid's family. Not a lawyer, but given all the video proof, I'm shocked.

http://www.philly.com/philly/educat...of-felony-charges-pledges-death-20170901.html

 

[Cathedral Lawn Frisbee]

This will be appealed. Involuntary manslaughter is a serious offense and their actions led to this young man's death.

 

[TIGER-PAUL]

why people up there can't make a phone call is beyond me.......

 

[upj87]

This will be appealed. Involuntary manslaughter is a serious offense and their actions led to this young man's death.

uh, I am also not a lawyer but I went to school at a time when in lieu of "transgender bathroom theory" terms like "double jeopardy" and the bill of rights were taught...best case is they go the oj route and drum up some civil charges somehow.

 

[Pittx9]

why people up there can't make a phone call is beyond me.......

The can and sting phones on the cow pastures must not reach very far.

 

[pitt-girl]

This will be appealed. Involuntary manslaughter is a serious offense and their actions led to this young man's death.

Again not a lawyer, but how can the prosecutor appeal charges that were thrown out? I would assume that is it for criminal court at least for the most serious charges. There is still going to be a trial.

And of course, the victim's family will pursue civil action.

 

[Cathedral Lawn Frisbee]

Was jeopardy determined?

uh, I am also not a lawyer but I went to school at a time when in lieu of "transgender bathroom theory" terms like "double jeopardy" and the bill of rights were taught...best case is they go the oj route and drum up some civil charges somehow.

 

[HailtoPitt]

Sad. Poor actions have limited consequences... just like college football teams that break the rules.

 

[pittmeister]

LOL, Everyone is a nitter, mbe.

LOL! Yeah....LOL! Ain't that something?

Beat it nitter...

 

[Cathedral Lawn Frisbee]

What is the deal with calling the police up there when a crime is committed?

LOL, Everyone is a nitter, mbe.

 

[Slick Manager of Champs]

I've never seen so much energy expended for the preliminary hearing. Not a lawyer but my understanding was this was just to determine whether there is enough evidence to go to trial. In most cases the defense usually just waves it.

The Penn State machine will fight tooth and nail against anything that dares tarnish it.

 

[anon_4dfwm2pijbr0a]

This was just a preliminary hearing meaning all the Commonwealth had to prove was a prima facie case meaning it's more probable than not that the accused committed the crimes.

Just because some charges were dismissed doesn't mean they cannot be revisited later but it would be difficult. Double jeopardy only comes into play when the accused is found not guilty at the Common Pleas level.

 

[pittdan77]

Was a preliminary hearing so charges can be re-filed.

If I read it right, the conspiracy element burned them because they were using that push for the higher charge.

 

[upj87]

Was jeopardy determined?

The Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime.... kids were charged (does this mean prosecuted?..Pittlaw, you out there?).

 

[anon_4dfwm2pijbr0a]

The Fifth Amendment to the US Constitution prohibits anyone from being prosecuted twice for substantially the same crime.... kids were charged

Double jeopardy doesn't apply to being charged. There needs to be an acquittal/not guilty verdict at trial for double jeopardy enter the picture.

 

[DiehardPanther]

It is football season at PSU and the weekend is almost here. They cannot be bothered. Football comes before all. Praise Be to PSU Football. The Almighty!

 

[Taft's Baby Hook]

It would have been pretty hard to convict them of manslaughter because they didn't intentionally try to kill the kid. They should absolutely get nailed on all the other charges though

Long story short, these clowns were more afraid of getting busted for having booze in a "dry" fraternity house than they were making sure their friend was OK. What's the worst that happens if they get caught? An underage drinking citation? They close the chapter (which they actually did do a few years before this)? They're total idiots

 

[upj87]

Double jeopardy doesn't apply to being charged. There needs to be an acquittal/not guilty verdict at trial for double jeopardy enter the picture.

so the da can continue to charge them and charge them on the same counts in front of differing judges then? Seems to me the preliminary hearing acted as a defacto trial and the judge invalidated the charges brought against them. I am being Cliff Clavin here and maybe talikng out of my butt but if you have a legal background then I will defer to you.

 

[anon_4dfwm2pijbr0a]

so the da can continue to charge them and charge them on the same counts in front of differing judges then? Seems to me the preliminary hearing acted as a defacto trial and the judge invalidated the charges brought against them. I am being Cliff Clavin here and maybe talikng out of my butt but if you have a legal background then I will defer to you.

Preliminary hearing don't last 1 full day let alone a week like this one did. It was the judges opinion based on what the Commonwealth presented that a prima facie case for the Involuntary Manslaughter charges didn't exist. He did however bound the other charges over to the Court of Common Pleas for trial. Only the judge can tell you why he didn't think all charges should have been bound over for trial.

I'm not sure how the DA would or could go about re-filing the involuntary manslaughter charge since other charges were bound over. I'm not in legal, I've been in law enforcement in Pa for almost 12 years and have seen how the court systems works from the District Court level up to the State Supreme Court.

 

[upj87]

Preliminary hearing don't last 1 full day let alone a week like this one did. It was the judges opinion based on what the Commonwealth presented that a prima facie case for the Involuntary Manslaughter charges didn't exist. He did however bound the other charges over to the Court of Common Pleas for trial. Only the judge can tell you why he didn't think all charges should have been bound over for trial.

I'm not sure how the DA would or could go about re-filing the involuntary manslaughter charge since other charges were bound over. I'm not in legal, I've been in law enforcement in Pa for almost 12 years and have seen how the court systems works from the District Court level up to the State Supreme Court.

thanks... just saw on pennlive that she plans to re-file some of the charges.... I will now go have a beer with Norm and shut the hell up...

 

[PantherO]

Sickening.....

 

[anon_4dfwm2pijbr0a]

It would have been pretty hard to convict them of manslaughter because they didn't intentionally try to kill the kid. They should absolutely get nailed on all the other charges though

Long story short, these clowns were more afraid of getting busted for having booze in a "dry" fraternity house than they were making sure their friend was OK. What's the worst that happens if they get caught? An underage drinking citation? They close the chapter (which they actually did do a few years before this)? They're total idiots

Intent isn't a prerequisite for Involuntary Manslaughter in Pa.

 

[anon_4dfwm2pijbr0a]

thanks... just saw on pennlive that she plans to re-file some of the charges.... I will now go have a beer with Norm and shut the hell up...

I think she should. By the letter of the section, in my opinion the most culpable should be facing trial for Involuntary Manslaughter.

§ 2504. Involuntary manslaughter.

(a) General rule.--A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.

(b) Grading.--Involuntary manslaughter is a misdemeanor of the first degree. Where the victim is under 12 years of age and is in the care, custody or control of the person who caused the death, involuntary manslaughter is a felony of the second degree.

(July 6, 1995, P.L.251, No.31, eff. 60 days)

 

[Swervin27]

OK, so NOW does the psu community know what to do with regards to witnessing a crime and notifying the police?

 

[michnittlion]

I've never seen so much energy expended for the preliminary hearing. Not a lawyer but my understanding was this was just to determine whether there is enough evidence to go to trial. In most cases the defense usually just waves it.

The Penn State machine will fight tooth and nail against anything that dares tarnish it.

"The Penn State machine?" PSU was not spending $ defending the accused.

 

[recruitsreadtheseboards]

This makes me sick for the dead kid's family. Not a lawyer, but given all the video proof, I'm shocked.

http://www.philly.com/philly/educat...of-felony-charges-pledges-death-20170901.html

Here's what I don't get. We now live in a society where a girl tells her ex boyfriend to "kill himself" and she is charged and sentenced to 15 years. And this, all serious charges were dismissed? Come on. That is hillbilly justice.

As I tweeted out and anyone my age will understand this, State College is a like a 1980's John Hughes film where all of the adults and authority figures are completely clueless and non existent.

Karma is a bitch. You would think they have a lot coming to them and what is their most treasured item? Eff them. They are pure trash, everyone up there is garbage.

 

[pittmeister]

What is the deal with calling the police up there when a crime is committed?

Easy answer... Before they take any action they must evaluate the situation and decide if doing the right thing could be harmful to the reputation of the school. If it does, then all bets are off...

 

[recruitsreadtheseboards]

What is the deal with calling the police up there when a crime is committed?

The police are complicit in the cover ups?

 

[Swervin27]

Pittmeister nails it. You convict these guys, it brings bad press to psu. That means the whole town since that whole county associates themselves with the school.