State Superior Court now has the court records in District Attorney Pat Dougherty’s appeal of the dismissal of a homicide case against Brady Distefano, a former IUP student originally charged in the death of a fraternity brother after the two fought last winter.
The appellate court yesterday received both the trial court records and the opinion of Judge William Martin, who presided over the case and dismissed the charges. DiStefano was charged with criminal homicide and aggravated assault in the death of 20-year-old Caleb Zweig of Rockville, Maryland, but in November, Martin ruled that the D.A. had not presented sufficient evidence to justify continuing the case. Dougherty was prepared to pursue a conviction for third degree murder.
The Superior Court yesterday also set a due date of February 20th to receiver a brief from Dougherty, outlining his objections to the judge’s ruling.
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