The evidence against three students charged with hazing pledges in their fraternity was revealed in court Monday in a discovery motion.
Chico State students Chris Bizot, 24, and Mike Murphy, 23, and Butte College student Matthew Krupp, 24, face misdemeanor charges for allegedly hazing pledges during recruitment in spring 2007. The men belonged to Beta Theta Pi, a fraternity that lost university and international recognition after the police were contacted about alleged hazing activities.
Murphy also The Orion's opinion editor declined to comment.
Bill Mayo, Bizot's lawyer, requested the discovery motion because he didn't want new evidence to come up right before the trial, leaving him with no time to prepare defense, Mayo said.
Michael Erpino, Murphy's lawyer, and Dane Cameron, Krupp's lawyer, joined in the motion.
Mayo presented 47 items he wanted provided, ranging from physical evidence to contact information for witnesses, including the 13 pledges.
He also requested the names of any victims of the alleged hazing. This was denied because the people of California are considered the victims, not any of the pledges, Judge William Lamb said.
The prosecution's argument is that the law is designed to protect the people, even if no one was injured.
Lamb denied many of the items because Deputy District Attorney Michael Sanderson said the items were provided.
Engaging in initiation rituals that risk serious bodily injury is a misdemeanor. Krupp, Murphy and Bizot allegedly forced pledges to submerge themselves to their necks in a bathtub filled with ice water, locked them in a stairwell closet, threw beer and "other disgusting things" at them and forced them to run through mud and do calisthenics, District Attorney Mike Ramsey said.
Although these activities may be humiliating, there was no risk of serious bodily injury and they can't be considered hazing under the current definition, Mayo said.
"It's a new case, it's a new law and these guys are really trying to stretch it and make the shoe fit," Mayo said.
Among the information he requested were the names of medical experts used in the prosecution's argument. An investigation officer is not qualified to testify that push-ups can cause serious bodily injury, Mayo said. If the prosecution wants a medical expert to testify, Mayo wants time to bring in his own expert to argue for the defense.
"I'm not an expert. I'm not a medical doctor. I don't know what could cause serious bodily injury," Mayo said. "I want to be prepared for my defendant."
The California Penal Code already requires that the prosecution provide the names of any experts used against the defendants, Lamb said.
"If they get an expert they're going to have to tell you about it, not keep it as a surprise," he said.
Bizot, president of the fraternity at time of the alleged incident, has also been charged with a misdemeanor for allegedly lying to police.
The men could face a year in prison if convicted, Sanderson said.
But because the defendants have no prior offenses it's unlikely the punishment will be so severe, he said.
The next hearing is at 1:30 p.m. Feb. 25. The men are not required to appear in court until their jury trial begins in April.
Walter Foley can be reached at wfoley@theorion.com
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