Alpha Tau Omega (ATO) attorney Kathleen Yurchak said prosecutors in yesterday’s trial dropped a misdemeanor charge against the fraternity of furnishing alcohol to Penn State student Joe Dado on the night of his death.

Judge Thomas Kistler did not offer a verdict on the second charge of misdemeanor unlawful acts relative to liquor, malt and brewed beverages and licenses, but is expected to issue a written decision in as early as a month, Yurchak said.

Yurchak said she expected the furnishing charges to be dropped because the facts of the case cleared ATO from any wrongdoing on that count.

“That’s simply what the facts were from day one,” she said. “Fraternities are made to be fall guys in these situations.”

On the second charge of unlawful acts relative to liquor, Yurchak said she believes the prosecuting attorney, Nathan Boob, did not prove that ATO “sanctioned, was aware of, or was responsible for” Dado’s drinking that night.

Yurchak said the two original charges brought against ATO are so similar in their language that if the prosecution could not prove one of the charges she believes they will not be able to prove the other charge.