Evidence production, future deposition by MU official the focus of Fiji hazing hearing

Attorneys and a Boone County judge sorted out details of evidence production and scheduling a deposition during a court hearing Monday in the felony hazing case of Thomas Shultz.

Shultz, of Chesterfield, is charged with felony hazing and felony tampering with physical evidence in a felony prosecution related to the October 2021 alcohol poisoning of University of Missouri freshman Danny Santulli, a Phi Gamma Delta pledge.

Boone County Circuit Judge Jeff Harris ruled last week that if the case goes to trial, the jury will be brought to Boone County from Greene County.

Santulli has severe brain damage, is blind and unable to walk or speak. He requires constant care at his parents' home in Minnesota.

Shultz is one of 10 defendants charged with felony hazing in the case, with one other charged with a misdemeanor.

A subpoena filed by Shultz' attorney, Brent Haden, seeks MU Assistant Dean of Students Julie Drury's communication with staff and media; a list of people interviewed related to the incident; and her communication with MU police about the incident.

Harris previously denied an MU motion to suppress the subpoena.

An MU banner is taken down as a storm rolls over the Phi Gamma Delta house during their move-out day Oct. 24.
An MU banner is taken down as a storm rolls over the Phi Gamma Delta house during their move-out day Oct. 24.

More: Judge denies MU motion to suppress subpoena in Danny Santulli Fiji criminal hazing case

Haden and Nick Beydler, attorney in the University of Missouri System Office of General Counsel, on Monday told Harris they have worked out arrangements to produce evidence related to students while complying with the Federal Educational Rights and Privacy Act, and to produce evidence related to MU personnel without revealing personal contact information or details.

Assistant Boone County Prosecutor Nick Komoroski said he also was on board with the attorneys' agreements.

The agreements won't redact anything from the court filings that is a public record under the Missouri open records law, the attorneys said.

Haden also plans to call Drury in for a deposition, but Beydler asked if she would be required for every case.

"I don't want to delay the progress in this case depending on what happens in other cases," Haden said.

More: Jury for Mizzou Fiji hazing trial may be brought in from Greene County to Boone County

The judge asked the attorneys about proposing a scheduling order, which would help determine the calendar for future proceedings.

"Here's what I was thinking," Harris said. "I think a scheduling order in this case will be useful in terms of trial readiness. I know we're early in terms of discovery."

The attorneys said they didn't think it would be possible to produce an accurate scheduling order until the documents are produced and the deposition happens.

"There's a lot of things we don't know yet," Haden said.

Harris set the next status hearing in the case for Sept. 26.

Roger McKinney is the education reporter for the Tribune. You can reach him at rmckinney@columbiatribune.com or 573-815-1719. He's on Twitter at @rmckinney9.

This article originally appeared on Columbia Daily Tribune: Attorneys work through evidence production in MU felony hazing case