A three-judge State Superior Court panel has reversed Judge William Martin’s ruling that prosecutors cannot use a medical examiner’s testimony against Brady DiStefano, a Johnstown man who in 2017 was involved in an altercation with an IUP fraternity brother who later died. Distefano, who is now 23 years old, is charged with aggravated assault, and Judge Martin has set a trial date of November 16th.
DiStefano and Caleb Zweig of Rockville, Maryland got into a fight on February 3rd of 2017 after both had attended a party and a friend had to pull Distefano off of Zweig. Although still breathing, Zweig was unresponsive and was taken to the Indiana Regional Medical Center, where he died hours later.
DiStefano was originally charged with criminal homicide and aggravated assault, but Judge Martin dismissed the case because he said the prosecution did not present sufficient evidence that DiStefano caused Zweig’s death. On the prosecution’s appeal, Superior Court upheld Martin’s dismissal of criminal homicide but reinstated the aggravated assault charge.
Last November, Martin ruled that any testimony that referenced Zweig’s death was inadmissible, except to explain why he was not in court. The prosecution appealed, stating that it could not therefore use forensic pathologist Dr. Ashley Zezulak as a witness. Zezulak had ruled that Zweig’s death was caused by “asphyxiation, secondary to presumed chokehold and chest compression,” while also stating that was her expert opinion, but was not based on physical evidence.
The appellate court on Wednesday ruled that Martin must let the jury decide if Zezulak’s testimony is relevant to the case, especially in light of the testimony of Trevor King, the friend who pulled DiStefano off Zweig. The court ruling states that denial of the testimony “create[s] an unrealistic construct that handcuffs the Commonwealth unreasonably…and sterilizes the trial in favor of Distefano. “
Comments