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In this series of text messages between former Beta Theta Pi members Greggory Rizzo and Gary DiBileo, dated Feb. 3 and 4, the two seem to express concern for Piazza's condition, a desire to get him to the hospital and remorse for not having done so and regret for his death. Tom Kline, attorney for the Piazza family, addresses the media during a press conference explaining their role and feelings of new Timothy J. Piazza Antihazing legislation during the second Penn State Beta Theta Pi preliminary hearing at the Centre County Courthouse on Friday, March 23, 2018. BELLEFONTE — The Piazza family attorney isn't buying his peers' arguments. To open the cross-examination of Detective David Scicchitano, defense attorney Steven Trialonas argued Timothy Piazza was affected more by the alcohol consumption than the other pledges because of alleged drug use. Trialonas, who represents former Beta Theta Pi member pledge master and vice president Daniel Casey , cited text messages from January that indicate Piazza bought and received drugs from various individuals. "The case remains the same, regardless of the cross-examination," Kline said Tuesday, day three of the preliminary hearing. "I find it interesting to see and hear what the defense['s] theories of the case are, but I find nothing takes the defendants who have cross-examined so far out of the case. "The toxicology examinations are clear and unequivocal that there are no illegal substances in the body of Tim Piazza," Kline said. "The prosecutor represented that to the court, and from what we know and understand of the toxicology report, that is the case." Kline said this line of questioning struck him as a "classic attempt to sully the name and reputation of the victim," adding there is no consequential evidence that can be linked to prior drinking or prior use of marijuana. "The thought that Tim Piazza was copied on an email chain with 10 other individuals of some random friend, or acquaintance, or maybe not an acquaintance, who has nothing to do with this case mentioning that he, that friend, namely that friend, had some remote reference to cocaine is just a notorious attempt to try to influence the judge improperly," Kline said. "It appeared to me that the judge, judging by his reactions and his comments from the bench, was having none of that." Michael Engle, the attorney for Gary DiBileo , argued his client should not be charged because he said video evidence proves DiBileo was unaware of Piazza's falls throughout the night of hazing rituals.
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