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Crime

Case on hold until Nu Alpha Phi member finds substitute counsel

Justin Mattingly | News Editor

Two members of Nu Alpha Phi were arrested in March for involvement in a hazing incident. The fraternity is housed at 739 Ackerman Ave.

There is no substitute counsel as of Monday for Jeffrey Yam, one of the two former Syracuse University students charged with hazing, after his previous attorney got into an accident in October.

The hearing for the case involving Yam and Tae Kim, who were both charged with hazing in the first degree, a misdemeanor, in March, and pleaded not guilty, was previously delayed because Yam’s attorney had been in a car accident. On Monday, the prosecutor in the case, Peter Hakes, and Kim’s attorney, Jim Hopkins, appeared in city court to discuss the future of the case with City Court Judge Theodore Limpert.

Yam’s previous attorney, Jennifer McCann, is unable to proceed in the case because of the accident. There is no substitute counsel yet, Limpert said.

During the pre-trial conference, Hakes expressed concern over giving the substitute counsel, once they are named, enough time to prepare for the scheduled hearing next Monday. The appearance will now be another pre-trial conference and there is no set date for the hearing.

The preliminary trial date for the case was set for Dec. 15, but that date could turn into the hearing date, according to discussion among the lawyers and judge. Hakes, the prosecutor in the case, expressed concern in October over having the trial start in December because one of the witnesses in the case is currently studying abroad in Spain and is not scheduled to return to Syracuse until Jan. 12, 2016.



Hakes said after the pre-trial conference that he’s not expecting an issue with the witness’s appearance.

In March, a pledge of Nu Alpha Phi nearly lost four fingers due to frostbite after he was forced to do aerobic exercises as punishment for “failing to perform their daily duties properly.” Pledges were dressed in sweatshirts, pants, boots and no gloves. The incident caused the victim severe pain in both hands and he was treated for severe frostbite at Crouse Hospital, police said in March.

Nu Alpha Phi was suspended from the university. The fraternity is still listed on the Office of Fraternity and Sorority Affairs website.





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