Circuit Judge Kathleen Dekker Thursday denied all motions to dismiss the trial in the case of the five Florida A&M University students charged with hazing.
In a traverse and demurrer filed by the state attorney’s office, Assistant State Attorney Frank Allman argued that Marcus Jones, the alleged victim in the case, had suffered serious bodily injuries.
Richard Keith Allan II, counsel for defendant Jason Harris, argued that the term “serious bodily injury” is not defined in the statute that describes hazing as a third-degree felony.”This is an issue for the jury, what constitutes serious bodily injury,” Dekker said.
The judge has yet to decide whether she will allow an official definition of the term “serious bodily injury” to be used during the trial.
Allman also argued that in the filed dismissal, the defendants referred to alleged material facts that the prosecution is not disputing. However, they failed to allege all the facts in the case.
The prosecution motioned to drop Nyerere Davidson as a victim in the case.
The defense did not contest, so the judge ruled to remove Davidson.
The judge also denied the motion the defense filed, asking that the victim’s father not be allowed to wear his military uniform while testifying.
Willis Callins, one of the doctors who evaluated Jones’ hearing, indicated that he is not available when the trial begins.
The judge has not decided if Callin’s deposition will be read in court or if another action will be taken to supply his testimony if he becomes available.
The trial is set to begin Sept. 25.