RECEIVED 08/29/2017 20:09 147557658, os oa, pS AES Aug 29.2017 4:55°H No 12800 1/26 Commonwealth of Pennsylvania, v. i 41-49303-MD-0000026-2017 Honty Timothy Bream CPM ASUU-2017 Commonwealth of Pennsylvenla : w < MI-49101-MD-0000178-2017 jeophic sun CP -M)-1545-2017 onpER . AND NOW, this dey of 2017, itis hereby ORDERED {hat Heaty Trostle Brears's Motion to Quash is GRANTED end the subpoena issued to Joseph ‘Michael Sala to compel Henry Trostle Bream (incortetly named “Henry Timotiy Bream”) to Appear aad testify at his preliminary heating io QUASHED, ‘BY THE COURT:v, ‘ ‘MI-49303-MD-0000026-2017 CP-AY-M0- 1644-207] Conimonealih of Pemsyvania ® : 10-49101-MD-0000178-2017 ae CPIY-M0-1545 -2017 onpER AND NOW, this day of 2017, it is hersby ORDERED ‘that Henry Trostle Breamn’s Motion for a protective order is GRANTED and no party may ‘question Mr. Bream about any topic beyond: issues relevant at preliminary hearing. Mr ‘Bream’s testimony shall be Linited to any evidence he could offer to the datendants? {nvolvement, or non-invalvemeat in the alleged events, and only t the exteat it megates the lements of prima facie case on any of the charges pending. No party may question Mr. Brean regarding any alleged criminal involvement by Mz. Bream, BY THE COURT: stRECEIVED 08/29/2017 20:03 SI42557658 7 oe. gS HENS Aug 29. 2017 4:55PM. Ne. 128) P. 3/26 Commonwealth of Pennsylvania ¥, MJ-49303-MD-0000026-2017 a CPIM 1944-2017 ‘TO THE CLERK: Kindly enter the appearances af Matthew D’ Annunzio, Esq., Mark Gotlich, Eoq., and Brian M, Collins, B59, on bebalf of Henry Trostle Bream, inccrreotly named as “Henry Timothy ‘Brow inthis case, Respectfully submitted, Dated: August 29, 2017 8 a 3 = BeeZ bd 62 909 LG20:03 s147557658 5 News RecetveD 06/29/2017 e RECEIVED 08/29/2017 95:03 Aug. 29.2017 4:55 9M fe 1280 P. 4/26 CCommonvreas of Pennsyvania : ¥ : 1MJ.9101-MD-0000178-2017 Joseph Michael Sala : CP-IM-MD-1545-2017 ‘TO THE CLERK: Kindly enter the appearances of Matthew D' Anzio, Esq, Mask Gottlieb, Bag, and Brian M, Collis, Esq, on bebalf of Henry Trost Beam, incorrectly named as “Henry Timothy Bream” inthis oase, Respectfully submitted, Matthew Dam Matthow D’Annanzio Dated: August 29, 2017 amen 1 BE Hd 62 OY LINE25871 MENS RECEIVED 06/29/2017 20:03. BL4P557659 . oo1 ong Sy Aug. 29. 2017 4:568H No. 1200. 5/26 ‘Commonwealth of Pennsylvania ¥ ci 1M-49503-MD-0000026-2017 (P4101 44.2017 ‘Henry Timothy Bream Cotomonwealth of Pennsylvania v : ‘MJ-49101-MD-0000178-2017 alte (PA4-M0-1645-201 MOTION TO QUASH, OR IN THE ALTERNATIVE, FOR PROTECTIVE ORDER Heary Teostle Bream (incorrectly named as “Henry Timothy Bream”) (“Tim Brean”), by and through undersigned counsel, respectfully moves this Honorable Court to quash the subpoota directed to him, or in the altemative to issue a protective onder, and in support avers a follows: INTRODUCTION 1, As this Comt is aware, this matter arises out of the criminal prosecution of Feseph Michael Sala (“Defendant Sala”) and co-defendants involving an alleged hazing death atthe Beta ‘Theta Pi fratemity houso at Pennsylvania State University,7 20: 42957658, 5 NEWS RECEIVED 00/29/2017 20:08 AL4P5E7HEE 5) on gat Aug. 29. 2017 4:56PM No. 1280? 6/26 2, Following a Grand Jury Investigation, Defendant Sala Was arrested and charged with Involuntary Manslaughter, Simple Assault, Aggravated Assault, Recklessly Endangering Another Person, Selling ot Furnishing Liquor to Minors, and Hazing. 3. Defendant Sala has sought the testimony of Tim Bream at his preliminary heering and a subpoena was issued, 4, Tim Brea disputes that Defendant Sala has properly sezved any subpoens upon him requiring his attendance as a witness, as is moro fully get forth below. 5, ‘Tim Bream received a Contenapt Heatiny Notice that was faxed to Matthew JY‘ Annunzio, Esquire at the law offices of Offit Kurman ot 1: Spm on August 28, 2017 citing that a ‘contempt hearing has been scheduled with respect to 42 Pa. C.S. §1437 (a) (2). Tima Broa asserts that his conduet has not been izsproper in any’ way. 6, While reserving all rights to contest, in connection with any allegstians of contempt, that a subpoena was lawfully served, Tim Bream agrees 1o testify os a witness at the Preliminary “Heating on August 30, 2017 ifthe Court permits Defendant Sala to call him as 4 witness; however, Tim Bream objects to Defendant Sula’ calling him as a witness forthe reason that ‘is teatmony would not possibly be probative of the only matters relevant to the Preliminary “Hearing and hereby moves to quash the Subpocna on those grounds as is more fully st forth herein 7. Inthe altemative, Tim Bream moves fora peotetive order limiting the sope of questioning by any Party to only areas where there could be an offer of proof suggesting why the «questioning could be possibly relevant to any mater a isue. Counsel for Defendants have repeatedly attempted to ask questions conceening Tim Bream that have not becn supported anywhere by facts, documents or witness testimony. ‘The questions alone, even whenFSCEIVED 0/29/2047 20:08 BLESS a z:7 oman Aug. 29. 2017 4:56PM No. 1280 P. 7/26 ‘objections have been sustained by this Court to their being asserted, have been widely reported inthe mein eausing har to isa Breim’s seputtion, No party shouldbe permite to use the Preliminary Hearing as a grounds to conduct discovery, redo the Grand Jury Investigation, impugn Mr. Bream, or for purposes of diverting media attention away ftom the cherges against thei client, BACKGROUND 2 Tim Bream isthe Director of Athletic Trsining Services fr all spots programs a Penn State ‘University and Head Athletic Trainor for the intercollegiate football team, 9, Commencing Angust 15, 2016 Tim Bream was engaged by The Alpbe Upsilon Alumni ‘Corporation Board (the “House Corp.”) as an employee of House Corp. as the In-House “Advisor forthe Beta ‘Theta Pi Alpha Upsilon Chapter house (“House”), Tim Bream in neting as In House Advisor was acting solety as an employee of the House Comp, and was not acting {n any capacity as an employee of Pean State University. 10. Tim Bream learned of the injuries to Tim Piazza late in the morning of Friday, Pebruary 3, 2017 while he was at work et the traning alts at Benn State wher he hed been since shortly after 5 a.m, that moming. He was advised thet Mr. Piazza had been taken by ‘ambulance to a hospital for treatment and that the policc had been called and were atthe ‘House, He tetumed to the House and cooperated with police, and at all times hes continued to cooperate fully with the police and the investigation, Mr, Bream first made the police aware that a mumber of cameras bad been filming on multiple levels in the house during the ‘cvents in question. He provided them access to the video equipment instelled in the home so that they could investigate the injuries. Mr. Bream snswered all of the questions the police ‘ha for him and assisted in encournging the fraternity brothers to also cooperate. Mr. Bream2017 20:03 eraze57e58 6 NEWS benmumetintey RECETVED 08/29/2017 05:82" Ave, 29,2017 4: 560M No. 1280. 8/26 Algo Jatersubinitted to an extensive police interview, and a later second socerded interview “with Lt, Robb, During thet recorded interview, Lt. Robb stated on the record that Ma. Bream “yas not suspect.” This statement is consistent with the extensive and repeated statements Dy the District Attoney when making the Presentment ard onthe record during the Preliminary Heating, as well as in the press, that Mr. Bream did not engage in any ‘wrongsloing whatsoever, that the investigation had established that conclusion, and that it ‘was unfui for dispareging statements to be made about him, 11, The facts, recorded by the fratemity surveillance video, through twelve cazmecas ial, comoborate this decision. These cameras definitively captured Mr. Breamn’s movements in the house on the night of February 2, 2017 and tho moming of February 3, 2017 and shoves ‘that he aoted properly that night and in the morning, He had no swerenéss of any bacing, extensive drinking or of the injuries suffered by Mr, Piazza whatsoever. 12, Tim Bream artived at the House shortly ater 9 p.m. on Februaxy 2, 2017 and saw the pledges ‘dressed in coats and tics Lined up outside the house fo enter for tho id acceptance ceremony. ‘Cameras show him going to a baleony on the sevond flor from which he watshed down on the bid acceptance ceremony fora short while before going inta his bedroom in anothec wing, ‘of the House shortly after 9:30 pan. (again as documented on video) and going to sleep. He did not observe any other events that evening. With the camera filming his hallway tom his room the entire night, Mi. Broam is not seen to emerge again ftom his oom until shortly after 5:00 a.m, Hl is seen on camera for a fow minutes walking out of the house, stoppingto (acm out lights, without encountering any signs whatsoever that anything untoward had ‘occusred, and then leaving for the training center as he did every moming shortly shter 5 em,FECEIVED (02/28/2017 20:03, L205 8 aerocy gran Aug. 25. 2017 4:560M Mo. 1280 °, 9/26 Hr did not know of, sparove af, or witness any hazing or activities where the new pledges ‘were supplied with alcohol 13, The fiatemity was hosting a social shat night Which Mr: Bream had been advised had been approved by the Inteftaternity Council ("IFC"), at Which they were permisted by the IFC to serve aloohol, He further understood that the IFC procedures would cause tained security officers to appear atthe event to monitor the event, Mr. Bream was not involved in the planaing of the event and his approval was neither sought nor required, although he was ‘made aware that it was to ocour. He had no sole as liaison to the IRC and was not involved in Gling the epplication or obtaining approval, Ms, Bream was not expected by the Howse Corporation to police the ftateenity house et anytime; nor was he expected to attend sockal functions and he did not do so, 14, Tim Bream isa trainer and his job isto help students and athletes take care of themselves and recover from injutis, and to eespond to trauma to young athletes on an emergent bass, Ibis not hyperbole to say that when Tim Bream was sleeping in his room while this incident ‘unfolded, he represented one of the most capable people in the world to respond to the ‘raume ofa young man sinoe'he deals with traums daily. Josoph Julius,» former Bean State kicker, in statements ESPN hes credited Mr. Bream with essentially saving hi Ife in March 2017 by discovering and dissuading his intentions to commit suicide, and getting him novessnry help, 15, The Grand Jury Presentment plainly demonstrates thatthe students who were aware of Tim Pinzza’s condition expressly disoussed waking Tim Bream up to have him ascess the injuries, ‘but tragically, they didnot do so.12 20: 2587668, 6 NEWS REOEIVED 09/29/2017 20:03 tS 58) 29/2017 08: PH Aug. 29,2017 4:56PM Ko. 1280 P. 10/26 16. All evidence submitted in the preliminary hearing and gathered by investigators demonstrates: ‘hat Mr. Bream would add no relevant fects tow preliminary hearing, The assigned detective, ‘who interviewed Ma, Bream, testified that Ms, Bream told him that Mt, Brow witnessed che bid acceptances for the new fraternity members, inctwxding Timothy Piazza, and then went to bed, 17. Given all of tho above, requiring Mr. Bream's testimony would be improper. Further, Me. ‘Bream di not engage in contempt in evading any subpoena und is prepared to appear az directed on August 30,2017. 18, The Magisterial Disuict Cour initially scheduled a prelistinary heating for May 11, 2017, Which the Court has continued several times for additional testimony. 19. The Cowt scheduled the most recent preliminary hosring for Thursday, August 10, 2017, NO PROPER SERVI MADE iM HAD A GOOD FAITH BASIS TO ore iE 20, Although Defendant Sala caused a subpoens to issue seeking Mr. Bream’s attendance at the August 10 hearing, he dd not cause Tim Broam to be served prior o that bearing under any tule applying to service of subpoenas in criminal cases. 21, Phil Masorti, Esquito aod Leonard Ambrose, Esquire, attomeys for Defendant Sala both contacted undetsigned counsel (“Attorney D’ Anmanzio”) whi sitemprting to serve Tim Bream, Neither would or could provide counsel with a pmported lawful reason to cal Tin Broa, Rather, they made inaccurate accusations concerning Tim Bregm and it appeered that ‘her tue intention was (o divert ettntion ftom their cleat’ misconduct in appareutly ‘engaging in hazing and serving alcohol to an underage pledge in violation of Bota Theta policies, University policy and the law.