Judge Rules Against Ex-Frat Members In NIU Hazing Case

DEKALB, Ill. (CBS/AP) -- A DeKalb County judge has rejected four former Northern Illinois University fraternity members' claim that the state's hazing statute is unconstitutional.

Judge John McAdams ruled Thursday. The ex-members of Pi Kappa Alpha were charged after the death of 19-year-old freshman David Bogenberger in 2012. An autopsy showed his blood-alcohol level was about five times the legal limit for driving.

Defense attorneys said Illinois' hazing statute is too vague. They say their clients played no role in Bogenberger's death. Defense attorneys asked prosecutors to detail what the men did to cause Bogenberger's death. Prosecutors said they would respond by July 10.

Now, defense attorneys say they plan to file a motion seeking a change of venue because crime-scene photos and police reports were leaked to the media and aired.

They also plan to file a motion to stop those involved in the investigation from leaking evidence materials.

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