Another Update
This is from the local paper. I'm sure those girls agreed to have a bucket put over their heads and be beaten with a baseball bat.
Lawyer: Did hazed girls consent?
BY IRV LEAVITT
STAFF WRITER
Attorneys for the teens charged with battery during the May 4 "powder puff' incident in Northbrook agreed to continuances Tuesday, but some indicated they'll question the credibility of those claiming to be victims.
Steven Decker, the Northbrook lawyer defending Gina Mengarelli, Tuesday sought school records of the two complainants in the case against his client. He said he wants to know if such information would cast doubt on their testimony. Other attorneys also said they'll seek victims' school records.
Decker is one of two attorneys who last month asked for jury trials for their clients. The other is Sam Adams Jr., who represents Tania Dionissopoulos.
Mengarelli's case may give an indication of how the others will proceed. Pretrial arguments have been scheduled for Aug. 1, with the intention that her trial should begin soon after. The cases of the other 14 youths charged with battery were continued Tuesday to Aug. 15 or Sept. 18.
One of the youths believed to have transported alcohol that fueled the Chipilly Woods "powder puff" event pleaded guilty to unlawful posession of an alcoholic beverage Tuesday. Grant Lustig, 18, was sentenced to two years probation and 30 days community service. A condition of his parole is that he be tested to ensure he's not drinking alcohol.
Decker won the right for the school records to be considered as evidence, but they will only be used if a Cook County Circuit Court judge agrees they are relevant.
Joel DeTella, an attorney representing Glenbrook North High School District 225, told Judge Timothy Chambers Tuesday that "I couldn't give him those records if I wanted to," because it would violate Illinois School Code. He added that the judge could supersede that code and order the records to be turned over.
Chambers then ordered the records, and said he will decide behind closed doors if they're relevant. He could decide to let Decker or a jury see them.
Decker said he will argue Aug. 1 for the right to present a "consent defense," in which he claims that everything done to junior girls by his client May 4 was tacitly agreed to by all parties.
He and several other attorneys representing "powder puff" defendants have said that their clients didn't strike any of the complainants, and all the prosecution will be able to prove their clients did May 4 was pour various noxious substances over the junior girls' heads.
Decker promised to present evidence that the prosecution's claims of battery via actions of an "insulting or provoking nature" can't be true, since all parties agreed the event would include senior students smearing objectionable materials on junior students. He said he will submit a videotape and at least one still picture of the 2002 Northbrook "powder puff" event as evidence. "This will show why some people would think it would be reasonable and not criminal to attend the event" in 2003, he said outside the courtroom.
Rollin Soskin, an attorney representing three junior students who say they were victimized May 4, disagreed Tuesday with Decker's assessment of the situation. He said that his clients were injured, and their injuries were due to criminal activity, not their own consent. "Any lack of criminal activity in 2002 has no effect on what happened in 2003," he added.
The battery cases of Dionissopoulos, Kirsten Barrish, Rachelle Betancourt, Marnie Gaule, Rachel Guidone, Danielle Papakanelou, Jennifer Larson, Jamie Kozin, Trevor Roberts, Sarah Roselli, Maria Troyanovsky, Dominic Vargas and Valerie Yudell, all of Northbrook, have been continued until Aug. 15. The battery case of Eliran Maman, of Glenview, was continued until Sept. 18.
The cases of the two Northbrook adults charged in the case were also continued until Aug. 15. Marcy Spiwak was charged with allowing underage drinking in her home prior to the Chipilly Wood event, and Christine Neal was charged with helping provide alcohol that fueled the incident. Neal's teen son, Vargas, was charged with unlawful possession of alcohol. All are Northbrook residents.
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