Penn State frat brother being held in cocaine case files motion to have preliminary hearing delayed

A request from the so-called ringleader of an alleged cocaine distribution ring at Penn State University for his bail to be lifted and for his preliminary hearing that is scheduled for Wednesday to be delayed has been deemed "moot." 

Agostino Abbatiello, 24, surrendered to authorities last month after the Pennsylvania Attorney General's Office filed charges against him and 13 other individuals in connection with a "coordinated" and "highly-profitable" cocaine distribution ring that was operating out of two fraternities at the university.

Prosecutors said pledges at the Delta Upsilon and Sigma Chi fraternity houses would cut and package the cocaine, including some who did it as an "indoctrination" into the frats. 

Court records show that Abbatiello was denied bail and has been held in the Centre County Prison ahead of a scheduled bail hearing and a preliminary hearing in Bellefonte, Pennsylvania, on Wednesday. 

An emergency motion, filed by attorney Philip Masorti on behalf of Abbatiello, was seeking for bail to be set and for the hearing to be delayed. 

"He has no criminal record, no history of flight, and, after a two-year investigation, the motion states that law enforcement never asserted that he used violence, threatened violence, or was seen with a weapon," Masorti said in a statement. 

In the filing, Abbatiello claimed that his right to due process has been violated and that he is being unlawfully held without bail.

"The Pennsylvania Constitution, U.S. Constitution, firmly establishes the right to bail for the accused except for capital offenses or for offenses where the maximum sentence is life imprisonment or unless no conditions or combination of conditions other than imprisonment will reasonably assure the safety of any person and the community when the proof is evident or presumption great," the filing read.

A response from the Court of Common Pleas of Centre County, Pennsylvania, said that the motion was deemed "moot" and that Wednesday's proceedings will continue as planned. 

"The defense respects the Court's decision and will be prepared to proceed tomorrow," Masorti said. 

The Pennsylvania Attorney General Office declined to comment on the matter. 

Multiple other defendants in the case are also due in court Wednesday, including Thomas Robinson, one of the co-conspirators in the alleged cocaine ring, and Paul Robinson, Thomas' father. 

The elder Robinson is a prominent Pittsburgh attorney and is accused of tampering and hindering apprehension for trying to conceal evidence.