Questions Remain After Phi Gamma Delta IncidentBy Douglas E. Heimburger
Editor in Chief
Although indictments against the MIT chapter of Phi Gamma Delta were handed out over a week ago, questions remain about whom exactly will sit at the defendant's table when the fraternity is indicted Thursday.
No individuals were indicted last week in connection with the death of Scott S. Krueger '01 last year. Instead, Suffolk County District Attorney Ralph C. Martin II indicted the fraternity chapter on one count of hazing and one count of manslaughter.
Martin said last week that he was unsure who would attend the indictment in Suffolk Superior Court on Thursday.
Those "living at the house at the time of the death" make up the Fiji group indicted, said James Borghesani, press secretary for Martin.
Fiji was indicted as an unincorporated association based upon common law, Martin said. In the past, unincorporated associations have been sued, but they have not been indicted.
"The situation is complex legally and we are still trying to sort out" the case, said Bill Martin, executive director of Phi Gamma Delta's national fraternity. The national fraternity has not contacted any members of the local fraternity since the indictments, but it has been in contact with Malcolm Cotton Brown, the alumni corporation.
Boston attorney Michael O'Malley specifically was summoned to appear at the arraignment, The Boston Globe reported Tuesday.
O'Malley is generally a civil attorney dealing with insurance matters related to the case, sources said.
On Wednesday, court officials could confirm only that a summons had been issued to the group to appear next week. No attorney was listed as representing the group in Superior Court records.
If convicted, Phi Gamma Delta faces a $3,000 fine for hazing and a $1,000 fine for manslaughter.