A new judge has take over the case against the men accused of operating a cocaine trafficking ring out of two off-campus Penn State fraternity houses, a day before the first scheduled preliminary hearings in the matter.
Centre County President Judge Jonathan Grine on Tuesday signed an order that he will exercise concurrent jurisdiction to preside over the preliminary hearings “for judicial economy and administrative purposes.”
The order came after attorney Philip Masorti, who represents alleged ringleader Agostino S. Abbatiello, filed a motion to vacate the appointment of Magisterial District Judge Kelley Gillette-Walker as the issuing authority overseeing the preliminary arraignments and preliminary hearings in the case.
Masorti argued that prosecutors used the cover of grand jury secrecy to have a judge issue a sealed order appointing Gillette-Walker, whose normal jurisdiction does not include the State College neighborhood of Delta Upsilon and Sigma Chi houses, and that no hearing was held nor any record made. That, Masorti argued, was done to ensure a prosecutor’s “crony” was appointed and deprived Abbatiello of reasonable notice.
Grine’s decision to take over the case rendered the motion.
The judge also deferred a decision on Abbatiello’s request to set bail until the scheduled preliminary hearing on Wednesday. Gillette-Walker denied bail for Abbatiello at his preliminary arraignment, calling him a flight risk and a danger to the public.
Abbatiello is the only of the 14 defendants in the case denied bail, with the others released on unsecured bail or recognizance. Masorti argued that the denial of bail violated Abbatiello’s Eighth and 14th Amendment rights.
The state attorney general’s office said Abbatiello did not appear for his scheduled preliminary arraignment on Aug. 17, but Masorti wrote that he voluntarily traveled from Boca Raton, Florida to do so the following day.
Abbatiello has no prior criminal record, appeared before the grand jury after being subpoenaed and has no history of flight to avoid apprehension, according to the motion. Throughout the two-year investigation, “law enforcement never asserted that Mr. Abbatiello used violence, threatened violence, or was seen with a weapon,” Masorti said in a statement.
A 2024 graduate of Penn State, Abbatiello has been working as a financial advisor in Florida, but will live with his parents in New York while the case is pending and they will transport him to all required appearances, according to the motion. He has also turned over his passport to Masorti.
Masorti is seeking for his client to be released on recognizance.
“We intend to continue protecting his constitutional rights and pursuing these issues through the appropriate judicial process,” Masorti said.
Abbatiello is one of five men facing felony charges scheduled for preliminary hearings on Wednesday. He and alleged No. 2 man Thomas M. Robinson are accused of regularly bringing large amounts of cocaine from Philadelphia and New York to be packaged at the fraternity houses for distribution to Penn State students in 2023 and 2024.
Witnesses told the grand jury that Abbatiello was the biggest dealer of cocaine at Penn State.
Two defendants accused of being dealers in the operation — Mohammed S. Huraibi and Robert A. Zanolla — and Robinson’s father, Paul R. Robinson, who is charged with concealing evidence, are also scheduled for preliminary hearings on Wednesday. Eight others facing misdemeanor charges are scheduled for preliminary hearings in October.
Lars R. Zeepvat, another alleged dealer facing felony charges, already waived his preliminary hearing.
It’s not yet clear whether any of the scheduled preliminary hearings will occur. Masorti wrote that 13 of the 14 defendants are cooperating and “most if not all” are expected to waive.
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