«Breaking News» LSU fraternity member charged in pledge's hazing death won't give up cellphone password

Prosecutors have filed a motion asking a judge to order 20-year-old Matthew Alexander Naquin to provide the password

A former Louisiana State University student charged with negligent homicide in the hazing death of a fraternity pledge is refusing to provide prosecutors with his cellphone password.

Prosecutors have filed a motion asking a judge to order 20-year-old Matthew Alexander Naquin to provide the password. The East Baton Rouge Parish District Attorney's Office seized the man's phone in a court order last November but have not been able to get access to its contents.

But Naquin's lawyers say such an order would violate Naquin's constitutional right against self-incrimination. The motion is set to go before a judge Tuesday.

Naquin is charged in the death of 18-year-old Max Gruver, who died from alcohol poisoning last year after a Phi Delta Theta hazing ritual that required pledges to chug hard liquor. 

'Bible study', as the hazing ritual is called, requires pledges to know their history of the organization.

Naquin's cellphone was seized through a court order, and LSU police say he was in charge of the hazing ritual. Naquin's lawyers say his phone isn't related to the ritual.

For defense lawyer John McLindon, the stakes are high for the implications if Naquin's phone is made accessible. 

'I don't think many citizens want the government rummaging through their phone,' McLindon said in an email, according to The Advocate. 'I believe the manufacturers of smartphones believe in privacy as well; otherwise, the phones would be made in a way that they could be accessed easily.' 

District Attorney Hillar Moore III felt that 'it would indeed set a harmful and dangerous precedent for Louisiana and the nation,' if the Fair Oaks Ranch, Texas, native didn't have to give up the information. 

Naquin is charged in the death of 18-year-old Max Gruver, who died last year after a Phi Delta Theta hazing ritual that required pledges to chug hard liquor

Phi Delta Theta is banned from LSU's campus until at least 2033

'Deeming the passcode protected under the 5th Amendment would lead to absurd consequences — criminals would know not to use face recognition or fingerprints to lock their phones and instead always use passcodes to avoid access to law enforcement,' Moore added. 

District Judge Beau Higginbotham is expected to listen to the motion from the state on Tuesday.

McLindon contended that the defendants phone was unrelated to the alleged crime of negligent homicide. Moore disputed the opposition that was filed on November 15. 

Naquin's co-defendant, Sean-Paul Gott - also initially refused to share his passwords, with his lawyers arguing that the state wanted their client to waive his constitutional right. He eventually shared the password

Included in the state's motion are the search and seizure warrant that District Attorney's Office investigator Jeff Malone filed with the 19th Judicial District Court to obtain the phone. 

Malone indicated that the 20-year-old 'was found to be a main participant during the hazing event.'

The sentiment was shared by LSU police who said that Naquin was the most aggressive, and in charge of the hazing incident.' 

Witness statements and electronic records also show the defendant 'communicated with other defendants through the use of mobile devices regarding the criminal conduct at issue before, during, and after the death of Maxwell Gruver.'

Malone wrote in the affidavit that 'witness statements provided by LSU police further indicate that additional communication exists regarding other hazing incidents and criminal conduct prior to' the victim's death.  

According to McLindon, the state 'can speculate what a college-aged male might have on his smartphone, but that speculation is woefully insufficient to satisfy the onerous burden necessary to trample Naquin's Fifth Amendment privilege against self-incrimination.' 

Naquin's co-defendant, Sean-Paul Gott - also initially refused to share his passwords, with his lawyers arguing that the state wanted their client to waive his constitutional right. He eventually shared the password. 

Ryan Matthew Isto (left) , Naquin's 19-year-old former roommate, and Gott pleaded no contest to misdemeanor hazing in September. Patrick Andrew Forde (right), another former LSU student, pledged his cooperation and truthful testimony at the trial

Gruver's blood alcohol level was .495, more than six times the legal limit to drive in Louisiana, according to an autopsy. His parents pictured in March after filing a $25million lawsuit for their son's death

The East Baton Rouge Parish Coroner's Office said that the Gruver's (right) cause of death was alcohol poisoning and pulmonary aspiration

Court documents indicate that Naquin was vehemently against Gruver joining the organization. 

Members from the fraternity also appeared to give the suspect a warning for how intense he was with the pledges.

Naquin's trial is set for July 8 and he can possibly receive a five year stint in prison for negligent homicide. 

Ryan Matthew Isto, Naquin's 19-year-old former roommate, and Gott pleaded no contest to misdemeanor hazing in September. They have both agreed to testify at Naquin's trial. 

Patrick Andrew Forde, another former LSU student, pledged his cooperation and truthful testimony at the trial. Prosecutors are still determining whether the 21-year-old Westwood, Massachusetts, man will be charged with any crimes. 

Gruver's blood alcohol level was .495, more than six times the legal limit to drive in Louisiana, according to an autopsy. 

The East Baton Rouge Parish Coroner's Office said that the man's cause of death was alcohol poisoning and pulmonary aspiration. 

Phi Delta Theta is banned from LSU's campus until at least 2033.  

Link hienalouca.com

https://hienalouca.com/2018/11/28/lsu-fraternity-member-charged-in-pledges-hazing-death-wont-give-up-cellphone-password/
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Prosecutors have filed a motion asking a judge to order 20-year-old Matthew Alexander Naquin to provide the password

A former Louisiana State University student charged with negligent homicide in the hazing death of a fraternity pledge is refusing to provide prosecutors with his cellphone...

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