Zacharias proceedings are moving forward, alibi shown

It has been more that two weeks since former IU employee Mark Zacharias appeared in court for his first pre-trial conference.

According to a probable cause affidavit, the 55-year-old male is charged with institutional criminal mischief, a class D felony.

He allegedly threw a rock that shattered a glass display case at the Robert A. and Sandra S. Born Jewish Studies Program office in Goodbody Hall.

“Essentially it’s vandalism,” the defendant’s lawyer Samuel Shapiro said. “Sentence carries from zero to three years, and up to 10,000 dollars in fines would be possible.”
Shapiro said Zacharias would like to say his side of the story but because “he is charged with a crime, I won’t let him talk to anybody.”

Shapiro said Zacharias is not charged with the other reports of anti-Semitic vandalism.

The other incidences include eight different Hebrew texts that were thrown into toilets and urinated on and the rocks that were thrown through windows twice at the Chabad House.

“This would be about what happened on or about November 30,” Shapiro said.
Shapiro said the prosecutors have reported knowing someone who can identify Zacharias, but the description isn’t completely accurate.

“If I show you a picture and then later I show you another photo lineup and ask you to pick out the person that you think it was, and you’ve already seen the picture of one of the people that’s in the lineup, it’s suggestive that you are going to pick the one you’ve already seen,” he said.

Shapiro said this is called suggestive photo lineup.

“That’s kind of what happened in this case,” Shapiro said. “Whether there was some suggestion, or whether there was an accurate description of the person who broke the case and whether that description fits Mr. Zacharias.”

Law professor Craig Bradley, an expert in criminal law and procedure, said once the preliminary motions are settled then the case will go to trial.

According to a waiver of initial hearing demanding for a jury trial, Zacharias pleaded not guilty.Bradley said judges like to encourage guilty pleas because the case would have a fairly quick resolution.Shapiro said he and Zacharias filed a notice of alibi Jan. 25.

The alibi states that the defendant and witnesses agree to testify that Zacharias was at work at the Hutton Honors College.

It also states that they will testify that he was there from 7:40 a.m. and “remained at work thereafter and was not at the Goodbody Hall at the time indicated by the State in its probable cause affidavit.”

One of the prosecution’s lawyers, Robert Miller, said he couldn’t talk about the pending criminal case.

“All I am allowed to say about this case is that it’s moving forward,” Miller said.

Shapiro said people have to be patient with this case.

“Wait for the evidence to show itself and then make your decision based on that evidence,” he said.

In the mean time, IU Police Department Chief Keith Cash said in an e-mail the department cannot comment on specifics of an ongoing investigation.

“I can say that we are still processing information related to that case, and if something is actionable, we will share,” he said in the e-mail. “At the present time he is charged with the crime related to the vandalism at Goodbody Hall. He is out on bond and awaiting trial.”

Shapiro said he hopes the case will go to trial this fall or early next year.

Cash said at this time there are no federal charges, but the U.S. attorney is aware of the case and is in contact with the local prosecutor.

Zacharias’ next pre-trial conference is set for 1:30 p.m. April 28.