Phi Delts await March pre-trial

Attorney: No plans for plea bargain

Seven of 10 Phi Delta Theta fraternity members charged with alcohol-related misdemeanors were at the Washtenaw County Courthouse yesterday for their pre-trial proceedings.

The misdemeanor charges are for the serving of alcohol to minors and allowing minors to drink on the premises. Five members were also charged with use of false identification to purchase alcohol.

The charges stem from an Oct. 16 party at the Phi Delta Theta fraternity house. LSA first-year student Courtney Cantor attended the party on the night of Oct. 15, where she was seen drinking. She later died after falling from her sixth-floor Mary Markley Residence Hall window.

NATHAN RUFFER/Daily Two Phi Delta Theta members stand in a Washtenaw County courtroom at yesterday's scheduled pre-trial, which was postponed until March.

There is no relationship between the Oct. 16 party and Cantor's death, said Al Addis, attorney for four of the members.

Phi Delta Theta member Jeremy Bier, an LSA sophomore, was dismissed on one count yesterday - the purchasing of alcohol with false identification.

"He was mis-identified as a purchaser," said Joe Simon, Bier's attorney, adding that Bier was not at the store where the alcohol was purchased.

The dismissal of the first charge was "not part of a plea agreement, but an insufficiency of evidence," said Washtenaw County Assistant Prosecutor Eric Gutenberg.

The prosecutor's office still plans on following through with the other charges, he said.

Simon said that he is still in discussions with the Washtenaw County Prosecutor's Office.

"It is a reasonable attempt with respect to Mr. Bier" to get all the charges dismissed, Simon said.

But Gutenberg did not express the same sentiment. "No, it's not likely" that the other charges will be dismissed, Gutenberg said.

On Feb. 5, Phi Delta Theta fraternity member Jordan Schmidt, a Music sophomore, pleaded guilty to all three charges in exchange for not having a charge of possessing false identification pursued, said Washtenaw County Assistant Prosecuting Attorney Joseph Burke.

But the remaining defendants are facing all of the original charges.

A video surveillance tape taken at Meijer - where the fraternity members are accused of purchasing the alcohol in October - allegedly shows five Phi Delta Theta fraternity members purchasing alcohol with false identification.

Four other fraternity members - LSA sophomores Jared Fishman, Michael Halper, Mike Novick, and Evan Frank - were present at the trial but share Addis as their attorney.

Addis said there have been no plea bargain offers and they have not asked for a deal.

Because of various reasons, the pre-trial was adjourned for March 16.

One factor contributing to the continuance is that Phi Delta Theta members Josh Shapiro and Simeon Maleh, both LSA sophomores, have hired new attorneys. To allow time for the lawyers to become acquainted with the case, the pre-trial date was moved.

Addis also requested a later pre-trial date to review the Meijer videotape that is being used against the defendants, adding that he has more people to interview.

Despite the fact that he is representing four of the Phi Delta Theta members, Addis said "each one of these kids should be treated individually" and each case will proceed differently depending on the defendant. The sharing of one court day for the pre-trial is only for the convenience of the court, Addis said.

Gerard Cohen-Virgnaud contributed to this article

02-19-99