Flushing Times Ledger
December 16, 2004
A jury acquitted three former St. John's University students Monday of paddling a fraternity pledge so hard that he suffered kidney failure during a hazing ritual.
The verdict came after a five-week trial at the State Supreme Court in Kew Gardens in which the prosecution claimed Phillipe Moreau, 32, of Jamaica, Anthony D'Abreu, 25, of Canarsie, and Matthew Fraser, 24, of Queens Village, beat Brian Chambers, 22, with a wooden paddle more than 50 times during a monthlong span in the summer of 2003 as part his initiation into the Phi Beta Sigma fraternity.
The hazing ritual, which allegedly took place at Kissena Park, ended the morning of July 10 when Chambers was taken to the hospital after finding blood in his urine and dark bruises covering his buttocks, prosecutors said.
Chambers spent two weeks in the hospital undergoing kidney dialysis.
The defendants faced up to seven years if they had been convicted of the second-degree assault charge.
"They crossed the line of pranks," said Assistant District Attorney Kimberley Nielsen in her closing arguments Dec. 8. "This was criminal."
Fraser's attorney, Frank Hancock, said he spoke with the jurors who told him they thought early on that the prosecution's charges did not wash.
"Their minds were made up a long time ago," Hancock said. "I think they saw the decency in each of these young men."
The defendants testified during the trial that they never saw Chambers being paddled.
Several alibi witnesses supported their claim that they were at a fraternity planning meeting at Hunter College in Manhattan on July 10, the night Chambers was beaten.
Nielson, in her summation, questioned the credibility of the testimony on behalf of the defense.
"This consisted of a group of people trying to protect their friends and their fraternity," she said, adding later, "They are not worthy of your belief."
A comment from the DA's office following the jury's decision said, "We accept the verdict."
With the criminal trial over, Hancock raised the possibility that St. John's could now be sued by Chambers.
"These three defendants were collateral damage to protect the university," the attorney said. "It's now a sitting duck."
St. John's spokesman Jody Fisher could not comment specifically on the case or any hypothetical lawsuits, but in general he said the school's "strict policies against inappropriate pledging activities are well known."
None of the defendants were St. John's students at the time of the alleged beating.
