Pandamonium
University students charged with underage drinking at Sigma Phi Epsilon's "Pandamonium" fundraiser were exonerated Wednesday, Sept. 2. The fundraiser, held Feb. 27 at Big Andy's and intended to raise money to feed one panda for a full year, led to the arrests of more than 90 students. A district judge ruled that the evidence obtained by Liquor Control and Milton police was obtained unlawfully and therefore could not be presented in court.
Of the students charged, 76 so far have had their charges dismissed, 14 have pleaded "guilty" and paid their fines and between eight and 12 were not represented by attorneys and have not had their cases scheduled. Some students charged with disorderly conduct and public drunkenness will face hearings, and three students arrested prior to the raid still have their cases pending.
Local attorneys representing a group of students successfully filed motions to suppress evidence. District judge William Kear's ruled the manner in which the evidence was collected prevented it from being brought forward in court. He said it was difficult for police to file charges based on the evidence they collected and noted that they must have directly observed underage consumption or intent to consume.
Kear made his decision based on precedents established in the Commonwealth Court and the Supreme Court.
"The Supreme Court case, in particular, is a mirror image of this case," he said.
Students protesting their charges with legal aid were split into three groups, each with Lewisburg lawyers. After the first case, police said they lacked any new evidence to present, and the charges against the two other groups of students were then dismissed.
According to one of the students affected by the Kear's decision, the ruling was a victory for the Constitution.
"This was a case of the authorities over-exercising their power," Sigma Phi Epsilon brother Eric Willner '11 said. "They obtained evidence in an unjust manner."
Willner, who pleaded "not guilty" and refused a breathalyzer test, had his $50 fine reimbursed. He was not part of the three groups of students represented by lawyers.
According to Interfraternity Council (IFC) president Karan Shah '10, students should continue to participate in Greek events, as long as they better the University and Lewisburg community.
"I would also like for individuals participating in such events to reflect upon the choices they make because their wrong choices can impact the entire Greek system," he said. "In the future, I strongly encourage individuals to make the right choices."
Regarding the public controversy, Willner is quick to point out the fraternity's goal for the evening was nonetheless realized.
"In the end, we did raise enough money to feed a panda, one of the world's endangered species, for an entire year," he said.


