Beta Theta Pi is asking for the return of surveillance video and equipment belonging to the fraternity and taken by the State College Police Department in February. The security footage has provided crucial evidence in pressing charges against 18 fraternity members in relation to the death of Timothy Piazza.
State College Police Detective Keith Robb testified on Friday. Robb says the fraternity consented to providing the police department with the video equipment because the footage was too huge to download at the house.
The equipment is under examination by the FBI since police alleged earlier this month that some footage was deleted.
Beta Theta Pi Attorney Michael Leahey says the police department should return the materials once they’ve completed downloading. But District Attorney Stacy Parks Miller says the police have the right to retain evidence until the end of the case.
The judge says he will have a decision on the petition, although it’s not likely before the preliminary hearing resumes on August 30th.