After District Attorney Stacy Parks Miller told the courtroom she would not be calling any more witnesses to the stand, the defense asked to call one of their own: Bream, the Penn State Director of Athletic Training Services and Head Football Athletic Trainer.
Judge Allen Sinclair sustained the request of the defense despite Parks Miller contesting the decision.
“I can’t deny you the right to question him,” Sinclair said to Leonard Ambrose, the defense attorney representing Joseph Sala.
According to Parks Miller, Bream’s testimony would serve invaluable in the courtroom as Pennsylvania law only allows the defense to call witnesses to the stand who would negate the crimes of their client.
“If he was there that night, we have the right to question him,” Ambrose said.
Holding the position of “senior house manger,” and live-in adviser, Ambrose said Bream knew of the events taking place at bid acceptance, therefore giving the go-ahead for “conduct that caused extreme indifference to human life.”
Ambrose said evidence shows Bream held a meeting with members of the executive committee to outline the events that the fraternity was planning — this would include the rush events that occurred in Jan. 2017 and pledge acceptance in 2017.
“It underlines the element of reckless endanger,” Ambrose said.
Parks Miller said Bream would not be able to diminish the crimes of the sixteen former Beta Theta Pi members, and would likely plea the fifth — the right to not personally incriminate himself — on the stand.
The defense pointed out that Bream was not easy to get a hold of today, as they tried to serve him with his subpoena on multiple occasions.
Private investigator Jeffrey Johnson took the stand to lay out the process he went through trying to get Bream to the the court.
Johnson obtained a subpoena with the purpose of serving Bream and was then escorted to the Lasch Building by Penn State Police. However, Bream was said to be “on vacation.”
While trying to serve the subpoena in the Lasch Building, the staff did not cooperate, denying to give him their names or accept the subpoena.
“I think he was hiding in the Lasch Building, so I couldn’t serve him personally,” Johnson said.
The subpoena was left with employees at the Lasch Building and an attorney at Penn State University, according to Johnson.
Due to these complications, Ambrose has asked the court to hold Bream in contempt.