Published: August 21, 2008 07:51 am      

Lawyer: Motions may eliminate hazing trial

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.