Experts: Hazing case could be tough

ORLANDO - The investigation into the hazing death of Florida A&M University drum major Robert Champion is reaching a crucial point as detectives prepare to send Orange County prosecutors their official findings after interviewing more than 50 witnesses.

No one from State Attorney Lawson Lamar's office would discuss details, but legal experts and former prosecutors said the case will be a "nightmare" to sort out because of all of the potential suspects - perhaps 20 or more - who either took part or might have encouraged the brutal beating Champion suffered.

Champion died Nov. 19 after being hazed on a parked charter bus loaded with members of FAMU's Marching 100 band, which had performed earlier that day at the Florida Classic football game in Orlando. According to a lawsuit filed by Champion's family, band members punched, kicked and suffocated the 26-year-old student.

An autopsy concluded his death was the result of a homicide.

After four months, the criminal investigation by the Florida Department of Law Enforcement and the Orange County Sheriff's Office is "very near" its end, said FDLE spokeswoman Gretl Plessinger.

Now, Lamar's office faces some important decisions. Should everyone who participated in the hazing ritual be held accountable? If not, how many people should be charged? What charges should be pursued? Should a grand jury be convened?

It's a process that could take months and will unfold under a national spotlight as well as the gaze of Gov. Rick Scott, who directed FDLE last fall to help the sheriff's office investigate Florida's first hazing-related death since the state passed its stringent anti-hazing law in 2005.

The lead prosecutor will be seasoned homicide attorney Ken Lewis, who has worked on several high-profile murder trials, including that of millionaire developer James Robert "Bob" Ward, found guilty in September of shooting his wife in the face in their Isleworth mansion.

Veteran prosecutors such as Jerry Blair do not envy Lewis.

The Champion case will be especially tough, said Blair, who prosecuted serial killer Ted Bundy. The state, he said, will need to prove who did what aboard the bus that night - using witnesses who are part of a tight-knit group and many of whom probably participated in the hazing themselves.

The more witnesses and possible perpetrators involved, the more complicated the case.

"The sheer numbers make it very difficult," said Blair, who retired in 2009 after 30 years as state attorney for the 3rd Judicial Circuit in the Panhandle. "It's just a nightmare, as far as I'm concerned, for a prosecutor."

Key among Lamar's decisions will be whether to charge everyone who played a role - directly or indirectly - or only those who led the hazing or dealt the most vicious blows, said several law professors and current and former prosecutors.

Even students who yelled at Champion during the beatings or encouraged the attack could be charged with felony hazing, which carries a maximum five-year prison sentence. Or they could face even more serious charges, including second-degree murder or manslaughter.

"There's almost no ceiling on the potential charges, based on the facts that are publicly known," said Michael C. Grieco, a former felony division chief for the Miami-Dade County State Attorney's Office who is now a private defense attorney.

There could be potentially dozens of versions of what happened on the bus. Some witnesses will likely be reluctant to cooperate because they don't want to be implicated or because they feel sympathy for, or an alliance with, the individuals who are considered most culpable, said professor Bob Dekle, who teaches legal skills at the University of Florida's law school in Gainesville.

"Any time there are any cases where there exists a large number of witnesses, that generally increases the difficulty of evaluating the evidence and making the correct filing decision," said William Eddins, who is president of the Florida Prosecuting Attorneys Association and the state attorney for the 1st Judicial Circuit in the Florida Panhandle.

The credibility of witnesses is another potential minefield.

"Reluctant witnesses can sometimes be difficult to handle and difficult to get to court and difficult to answer questions on the witness stand," said Dekle, a retired assistant state attorney. "Just because a crime has occurred, that doesn't mean you can prove it - and being able to prove it depends in large measure on witnesses."

Seeking direction from a grand jury could help the State Attorney's Office decide whom to charge and how to proceed with the prosecution. But state attorneys in Florida differ widely on how and when grand juries should be used.

Some prosecutors use grand juries primarily for first-degree murder cases. Others employ them more liberally.

For instance, some prosecutors take a case to a grand jury simply because it's a matter of "great public interest" - typically those involving elected officials or public institutions or have attracted a lot of media attention. If nothing else, going that route sometimes helps ensure the integrity of a prosecution.

Blair said he would go that route if he were prosecuting the Champion case.

"I think a review by an independent body of 21 people provides some public credibility for the decision-making process that is often absent when a single prosecutor makes a decision," he said, adding that the public would be more likely to accept a decision made by a grand jury, whatever that might be.