Three Northern Illinois University students accused in the death of a freshman fraternity pledge made brief court appearances Friday as a lawyer for one of them predicted it would be difficult to prove the charges against his client.
DeKalb County Judge Robbin Stuckert advised the students that they could face up to three years in prison or probation if found guilty of hazing in the death of David Bogenberger.
Bogenberger, a 19-year-old finance major from Palatine, was found dead Nov. 2 in the Pi Kappa Alpha fraternity house at NIU, the morning after a pledge initiation party that featured heavy drinking and was conducted without university approval, authorities said.
In court Friday were Steven Libert, 20, who planned the party; Omar Salameh, 21, the pledge adviser; and James Harvey, 21, the fraternity chapter's vice president. They are among five fraternity leaders charged with felony hazing in Bogenberger's death.
The two other defendants facing a felony charge are Alexander Jandick, 21, chapter president, and its secretary, Patrick Merrill, 20.
Seventeen other NIU students have been charged with misdemeanor counts of hazing.
The three students who were in court declined to comment. Attorney Josh Dieden, who represents Libert, expressed condolences to Bogenberger's family.
"This was a tragedy, and it's been difficult for Steve because David was a friend of his," Dieden said, adding that he didn't believe his client had committed a crime.
"I don't believe the state will be able to show that this tragic occurrence was the result of criminal conduct," he said.
Authorities said Bogenberger's autopsy showed a blood alcohol level almost five times the state's legal driving limit and that the alcohol contributed to a fatal heart arrhythmia.
After Bogenberger's death, NIU suspended the fraternity chapter and later said it would conduct disciplinary hearings involving at least 31 students.
University spokesman Paul Palian said school officials have not concluded their investigation.
"They are reviewing the information in the police reports and reserve the right to bring additional disciplinary action," he said Friday.
Classes at NIU will resume Monday.
Tribune reporter Matthew Walberg contributed.
NIU students charged in hazing death arraigned
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NIU students charged in hazing death arraigned
