Charter trial resumes; no verdict reached

No ruling was reached, and the trial is scheduled to continue May 11.

Each offense normally carries a sentence of up to six months in prison and a $1,000 fine. If the club is convicted of the charges it is unlikely that any individual will go to jail.

Borough prosecutor Ken Lozier called to the stand two witnesses, Kara Murphy ’09 and Kelsey Stallings ’09. Each student testified that she had consumed alcohol at Charter while underage in November 2007. Murphy said she drank four or five beers, while Stallings said she drank two or three. Neither was charged with underage drinking.

The Borough became aware of the underage drinking while investigating an altercation between Murphy and Paige Schmidt ’08. The incident began when Schmidt poured beer on Murphy and Stallings. After Murphy retaliated by hitting Schmidt, Schmidt called the police. Schmidt, who also drank beer at the club, was 21 at the time.

Both women testified that they obtained beer from wristband-wearing students who were also in the crowded taproom rather than from bartenders or students who they identified as club officers or members. They said that they were not approached by anyone about drinking without a wristband.

Rocco Cipparone, Charter’s attorney, asked the witnesses several times whether the security personnel admitting students into Charter had been checking student identification so that only students over 21 were given wristbands. Both witnesses said this had been the case.

Cipparone then focused on the impracticalities of monitoring underage drinking, asking Stallings about an observer’s ability to identify beer from ginger ale after Stallings noted that soda was being served at Charter as well as alcoholic drinks. Stallings responded that the two drinks would look similar, given the “cloudy-clear” cups and the similar appearances of the beverages.

Following the day’s proceedings, Cipparone explained he was “still optimistic” about the trial’s outcome. “Overall, I’m pleased with the way the evidence came in,” he said.

Lozier could not be reached for comment after the testimonies, and Charter president Andrew Gordon ’10 did not respond to requests for comment.

On the first day of the trial, April 20, Lozier called on several witnesses to testify about a separate incident involving underage drinking at Charter.

The first witness that day, Borough Police Patrolman Daniel Federico, testified that he had received a call directing him to 79 Prospect Ave., Charter’s address, where he encountered David Freifeld ’11 “seated outside Charter Club, intoxicated and actively vomiting.” Freifeld is also a senior advertising manager for The Daily Princetonian.

But when Freifeld was brought to the stand, he said that he did not recall the events, explaining that he had already been intoxicated after drinking beer and vodka at a room party in Cuyler Hall.

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The Borough originally charged former club president Will Scharf ’08 in December 2007 following the incident between Murphy and Schmidt, but those charges were dropped the next month. Cipparone explained last fall that the prosecutor was able to bring charges stemming from the incident a second time because the current charges are against the club as a whole.