A DeKalb County judge has rejected four former Northern Illinois University fraternity members' claim that the state's hazing statute is unconstitutional.
Judge John McAdams issued his ruling Thursday. The ex-members of Pi Kappa Alpha were charged after the 2012 death of 19-year-old freshman David Bogenberger, a Palatine native. An autopsy showed his blood-alcohol level was about five times the legal limit for driving.
The four defendants who challenged the law in McAdams' courtroom were Alexander Jandick of Naperville, Omar Salameh of Burbank, Patrick Merrill of Boston and James Harvey of Northfield. The case of a fifth defendant, Steven Libert of Naperville, is assigned to another judge, according to the Daily Chronicle in DeKalb.
Defense attorneys said Illinois' hazing statute is too vague. They say their clients played no role in Bogenberger's death. Defense attorneys asked prosecutors to detail what the men did to cause Bogenberger's death. Prosecutors said they would respond by July 10.
The state's hazing law makes it illegal to require students to perform any unauthorized act that causes bodily harm to be accepted to a group connected with a school.