In an appearance on Indiana In the Morning this week, District Attorney Bob Manzi discussed several cases under review by the state’s appellate courts. One of those cases was that of Brady DiStefano, the Westmont, Cambria County man who was charged in the death of a fellow IUP fraternity brother in February of 2017.
Then-Indiana County President Judge William Martin dismissed homicide and aggravated assault charges because of insufficient evidence that DiStefano had caused Caleb Zweig’s death during a fight, but Superior Court reversed the ruling in part, reinstating the aggravated assault charge. Then after Martin ruled that the jury could not hear evidence that DiStefano’s role in the fight led to Zweig’s death, nor could it hear testimony from the forensic pathologist who performed the autopsy, Superior Court overruled again. DiStefano then appealed this past February to the Supreme Court.
This week, the Supreme Court granted an extension to the county to file its brief in response to DiStefano’s appeal, but in doing so, ruled that it would grant no further extensions. The county must file its brief by Aug. 5. The question before the court is whether or not the Superior Court erred in reversing Martin’s original ruling of Nov. 14, 2019. DiStefano contends that the appellate court improperly focused on the challenged evidence rather than on a review of Judge Martin’s actions.
