One irony about the problem of dangerous drinking among Penn State students is that it can be either a wedge dividing town and gown or a common cause that binds our community as one.
Sara Ganim
STATE COLLEGE — Scott Marion never thought selling $35 worth of marijuana to a college buddy might land him in state prison for more than two years.
Sentencing guidelines for that kind of crime call for probation to 30 days in county jail — with one huge exception.
If you are caught selling drugs within 1,000 feet of a school, state law says prosecutors can seek a two-year mandatory minimum sentence.
STATE COLLEGE — Council on Monday began to look at a “nuisance gathering ordinance” intended to give police a new way to cite hosts with summary offenses if their guests break the law.
Police Chief Tom King told council the intent is not to replace laws but to add to what police have to work with now.
“We’re looking for additional ways for a local ordinance to supplement the crimes code,” he said. “When we can’t absolutely prove who furnished the alcohol … then tenants or property owners are responsible.” (more…)
September 30, 2009, Bellefonte, PA
District Justice Carmine Prestia dismissed furnishing alcohol to minors and related alcohol violations against Tau Epsilon Phi after a preliminary hearing in Centre County Central Criminal Court. The State College Police charged the fraternity with misdemeanors following a summer party at the house. The Commonwealth called an eighteen year old student, who had been cited for underage drinking and disorderly conduct after being caught urinating in bushes, to testify against the fraternity in return for favorable consideration from the District Attorney’s office. The student testified that he drank several beers at the fraternity house. The court agreed with Attorney Andrew Shubin’s argument that there was insufficient evidence linking the fraternity as a corporate entity to any criminal wrongdoing and dismissed all charges.
On Oct. 25 last year, thousands of students rushed into Beaver Canyon to celebrate Penn State’s victory over rival Ohio State.
We didn’t know it, but the First Amendment was on the line.
July 27, 2009
PENNSYLVANIA — A photographer at Pennsylvania State University’s Daily Collegian was cleared of his remaining failure to disperse charge July 22 in a pre-trial motion after he was arrested last fall while covering a post-football-game riot.
Citing “unclear” evidence, Centre County Judge David E. Grine dismissed the failure to disperse charge against the photographer, Michael R. Felletter, according to Grine’s ruling.
“The justice system did its part,” Felletter (senior-visual journalism) said. “Hopefully, journalists will feel freer to go out and gather the news without fearing they’ll be charged for breaking the law.”
Now Centre County officials are reviewing Grine’s ruling to determine whether to appeal or re-file the charges against Felletter, Centre County District Attorney Michael Madeira wrote in an e-mail.
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.
It is unclear whether Felletter was following police orders to disperse when they arrested him, according to the ruling.
Grine ruled it is uncertain whether Felletter’s compliance with police orders to “move along” was adequate when he moved from the street to sidewalk.
Additionally, Grine blamed the rioters for their behavior — not Felletter, according to the ruling.
Felletter’s Attorney, Andrew Shubin, who represented Felletter for free, said the ruling represented a victory for journalists and the First Amendment.
Sara Ganim – sganim@centredaily.com
Thursday, Jul. 23, 2009
A Daily Collegian photographer charged with inciting revelers during the October downtown State College riot has been cleared of any wrongdoing by a judge.
Michael Felletter had fought the two misdemeanor charges — filed by police who said his pictures were making the crowd act more rowdy and that he did not leave the scene when police ordered — on First Amendment grounds.
“In the U.S., we don’t arrest the press for covering major events and protests,” said Felletter’s attorney, Andy Shubin, who called the case “doomed from the beginning.”
In the July 23, 2009, Philadelphia Inquirer
The Associated Press
BELLEFONTE, Pa. – A judge dismissed the remaining misdemeanor charge against a photographer for the independent campus newspaper at Penn State in connection with an unruly fan celebration in State College.
Prosecutors had dropped five of six misdemeanors against photographer Michael Felletter earlier this year following the Oct. 25 disturbance after the Nittany Lions’ football win at Ohio State.
A sixth count, for failing to disperse, was dismissed Wednesday by a Centre County judge.
Felletter’s lawyer (Andrew Shubin, from State College, PA) said the student was just doing his job as a member of the press.
Authorities had initially charged about 20 people in connection with the disturbance, and several were charged with felony riot.