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New details revealed about Carmel hazing videotape

There's been so much innuendo in the Carmel basketball assault case: What did and didn't happen? Who saw what? Really, how many alleged victims were there on the bus? One, two, three freshman?

By Kimberly King

Fox59

11:46 AM EDT, November 5, 2010

Indianapolis

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There's been so much innuendo in the Carmel basketball assault case: What did and didn't happen? Who saw what? Really, how many alleged victims were there on the bus? One, two, three freshman?

One has alleged the bullying or hazing was sexual in nature, senior on the freshman bus ride home from a game in Terre Haute.

The lone alleged victim who said he was attacked has never talked publicly, nor have student witnesses who were on the bus watching what was going on. But now that Hendricks county investigators have taken over the bus case, there could be new charges.

Sources tell Fox59 the charges, if any, will likely again, be misdemeanors and not felonies.

Videotape doesn't lie. And, that specific piece of evidence from the basketball bus ride may well determine if any charges beyond misdemeanors are filed.

"Most of the time tapes bring us to the truth in a courtroom because it's not someone trying to remember what happened, it's there, there it is what happened it's on tape," said Fran Watson, a clinical law professor at IU School of Law, Indianapolis.

Fox59 has learned the only alleged victim who says the attack was sexual involving anal penetration has now viewed the videotape. His attorney Bob Turner was with them as they screened portions.

"I have seen the video, and it's not dark and grainy," said Turner. Turner says that's how Hamilton county prosecutor Sonia Leerkamp described the video as poor quality, others who have seen the tape, disagree. "You are able to see certain conduct. But I was not able to see the entire video," said Turner.

Other close to the case have.  A source tells Fox59 the video is clear and shows the senior Carmel basketball players going after freshman. But the source says the tape does not show any sexual hazing by seniors on freshman.

"If the tape's not clear that's not going to constitute reasonable doubt," said Watson. "With crimes you have to prove elements. So, if the tape doesn't show proof of the elements its less useful and in sex crimes it's, parts to parts. It's got to show the act."

Fox59 has also learned Rick Lang, the methodical lead detective on the Jill Behrman murder case is now a lead in the Hendricks County Carmel investigation. Lang works for Hendricks county prosecutor Pat Baldwin.

As Fox59 reported months ago, those close to the case are certain the other three seniors involved in the hazing allegations will work out a plea deal much like Laskowski.

"I'm guessing it could happen quickly," said Watson. "What's the reason for the delay. If these other young men are going to plead guilty why not get it over with and move forward with your life."

Those close to the investigation say, since the tape shows no evidence of an attack sexual in nature, felony charges are a remote possibility.