subscribesubscriber servicescontact usabout ussite mapBuy a Classified
Sun, Nov 08 2009 

Published: August 21, 2008 07:51 am    print this story  

Lawyer: Motions may eliminate hazing trial

Heather Harris
Register News Writer

Richmond lawyer Jim Baechtold thinks that three motions filed in a recent Eastern Kentucky University hazing case may eliminate the need for the matter to go to trial.

“What we have here is a rush to judgment without an adequate investigation,” Baechtold said.

Baechtold represents Gabriel McLaren, 22, one of three men accused of assaulting Brent Whiteside, a 23-year-old EKU student during a hazing incident.

McLaren, along with Thomas Barnes, 21, and Alonzo McGill, 32, were charged with fourth-degree assault, a Class A misdemeanor for incidents that allegedly occurred from late January to March of this year. Conviction of a Class A misdemeanor carries a one-year jail sentence.

Whiteside told police that three fraternity members struck him with a paddle, cane and their fists during a pledge into EKU’s Kappa Alpha Psi fraternity.

The hazing allegations were reported to EKU in March and Kappa Alpha Psi was placed on immediate suspension.

In June, Dr. Mike Reagle, EKU associate vice president for student affairs, said after the university’s own investigation EKU officials thought the hazing did occur and the fraternity was suspended for eight years.

Baechtold thinks the case against the three men may never go to court.

Baechtold, along with his partner Mike Eubanks, who is representing McGill, and Winchester lawyer Alex Rowady, who represents Barnes, have filed three motions in Madison District Court.

The first is a motion to dismiss the case entirely.

“It is to dismiss all charges for lack of probably cause,” Baechtold said. “They can’t identify where this took place, when it happened, why it happened, how it happened or who was involved. They expelled eight people from the fraternity, but only three were charged with a crime.”

The second court document filed on behalf of the three men is a motion to produce a bill of particulars.

“It’s a request for specific information in the case,” Baechtold said. “We feel there was a rush to judgment.”

The third motion asks the court to dismiss the case for lack of venue.

“There is some thought that a branch of Kappa Alpha Psi in Lexington was involved which would raise the questions as to whether this alleged crime occurred in Madison or Fayette County, if it occurred at all.”

These motions already have been filed on behalf of the defendants.

A scheduled hearing on the motions in front of District Judge William Clause is set for Aug. 26.

Heather Harris can be reached at hharris@richmondregister.com or by phone at 624-6694 or 893-2341.

print this story  



autoconx
Premier Guide
Find a business

Walking Fingers
Maps, Menus, Store hours, Coupons, and more...
Premier Guide
Premier Guide
Premium Jobs

Employment Opportunity Construction Helper
Employment Opportunity Construction Helper
10 temp. positions. Bobby Cameron Stone Masonry, Brodhead, KY. Employmen
...>MORE

Medical Coder needed For busy practice
Busy Medical Practice seeking Certified Medical Coder. Must have experience. Excellent salary and health benefits. Pleas...>MORE

Now Taking Applications for all Positions.
Now Taking Applications for all Positions. Apply in person. Madison Gardens, 152 N. Madison Ave., downtown Richmond....>MORE

Employment Opportunity Groundskeeping
Employment Opportunity Groundskeeping Helper
65 temp. openings. Swartz Mowing, Inc., Olympia, KY. Employment begin
...>MORE

ABC Daycare now has 3 full-time position
ABC Daycare now has 3 full-time positions for Assistant Teachers. Apply in person M-F, 6a-6p @ 205 Churchill Dr. No phon...>MORE

Employment Opportunity
Employment Opportunity
Brick Mason Helper
11 temp. openings. Cross Roads Masonry, Beattyville, KY. Employment
...>MORE

See all ads

Premium Autos

2003 Wildwood, 37ft asking $17,000
2003 Wildwood, 37ft S/C. Like new. Air, awning, super slide. Fully loaded. Must go. Paid $28,000 asking $17,000 Best of...>MORE

1998 Chevrolet Cavalier.
1998 Chevrolet Cavalier.
111K mi. Good condition. $1800.
859-623-0685
...>MORE

2003 Wildwood, 37ft S/C. Like new. Air,
2003 Wildwood, 37ft S/C. Like new. Air, awning, super slide. Fully loaded. Must go. Paid $28,000 asking $17,000 Best of...>MORE

See all ads

Premium Rentals

Now taking applications for welders/oper
Now taking applications for welders/operators. Must have reliable transportation. Call Jennifer @ 859-624-1908 for appt....>MORE

Garage apt w/2car garage. 2Bd, 1ba. $350 + utils.
Garage apt w/2car garage. 2Bd, 1ba. $350 + utils.
859-623-4091.
...>MORE

SALE OR LEASE 3063 COLONEL RD
For Sale or Lease 3063 Colonel Road. Remolded 2 story home on basement, w/Barn, 3 acres, fenced. $1300 mo or $215,000. C...>MORE

See all ads

Deal of the Day

Everything from A-Z!!!
Need to sell your bedroom suite, washer and dryer, or even selling an animal? Call Mayme or Melissa at 859-624-6681 to p...>MORE

See all ads


 

Community Newspaper Holdings, Inc.CNHI Classified Advertising NetworkCNHI News Service
Associated Press content © 2009. All rights reserved. AP content may not be published, broadcast, rewritten or redistributed.
Our site is powered by Zope and our Internet Yellow Pages site is powered by PremierGuide.
Some parts of our site may require you to download the Flash Player Plugin.
View our Privacy Policy
Advertiser index