Krueger Suit Ends as Frat Disbands

The criminal case against Phi Gamma Delta, the MIT fraternity chapter charged with manslaughter and hazing in the October 1997 death of first-year pledge Scott Krueger, effectively ended Monday because the fraternity disbanded and there is no one to answer the charges.

The criminal charges resulted from an 11-month grand jury investigation into Krueger's death. Krueger died as a result of alcohol poisoning.

The fraternity was charged on Sept. 14 by the Suffolk County district attorney's office with one count of manslaughter and one count of hazing.

Phi Gamma Delta formally disbanded on Sept. 15, according to Bradley M. Henry, an attorney with the Boston firm Meehan, Boyle and Cohen, who is representing the Krueger family.

Fraternity members had not been living in the fraternity house since January when their housing license was suspended by the Boston Licensing Board.

The board also voted to ban alcohol at the fraternity until 2000.

Representatives of the fraternity failed to appear at an Oct. 22 arraignment. Because the fraternity did not appear on Oct. 22, a default hearing was held Oct.26.

When the fraternity again failed to appear at the Oct. 26 default hearing, the case officially went "into limbo," according to James A. Borghesani, press secretary for the Suffolk County district attorney.

"It's not dead; the default is on the books," Borghesani said.

A "default" is a record that the defendant has not appeared to answer the charges brought against him, Borghesani said.

"If the fraternity reassembles, there will be charges." he said. "Right now, there is no further criminal court action."

Henry said he was dissatisfied with the response of the fraternity and MIT to Krueger's death.

"Phi Gamma Delta house has followed MIT's example of refusing to face responsibility for Scott Krueger's death," Henry said.

In July MIT announced that all fraternities, sororities and independent living groups will need a residential advisor for the fall term.

The Krueger family has not yet filed a civil suit, Henry said, but will likely do so in the future.

"As to precisely who, what and when has not yet been decided, but a case will be filed in the near future," Henry said.

"There is not a statute of limitations in a manslaughter case. In a civil suit we are not constrained to certain actions as one is in a criminal case, because we don't have to face the Constitutional issues involved in arresting someone," Henry said.

The Inter-Fraternity Council at MIT was not available yesterday for comment.