Correction: The first survivor was allegedly assaulted at the defendant's dorm room in Knowles Hall. A previous version said the defendant was in the survivor's dorm room.
Defense lawyers for a former University of Montana student accused of sexual intercourse without consent subpoenaed UM for the entire guest list of Sigma Alpha Epsilon’s 2021 Halloween party, according to a motion filed in Missoula County District Court on Oct. 10.
Allyson Brown, from UM’s Office of Legal Counsel, told the Kaimin the guest list included 155 people.
Andrew Parker Beckett, the defendant in the case, was charged with two felony counts of sexual intercourse without consent in May. Beckett was familiar with one of the victims, according to charging documents. He pleaded not guilty in June.
On Sept. 8, 2021, Beckett was with the first survivor, known as “Jane Doe,” in his dorm room in Knowles Hall. They were watching a movie when he orally and vaginally raped her, the affidavit alleged.
Around Sept. 18, 2021, Beckett and the second survivor, referred to as “Jenny Doe” in the affidavit, were at the Badlander Bar downtown. They went back to her dorm room in Pantzer Hall. She agreed to let Beckett stay the night. While they were together in her dorm, he raped her, court documents allege.
Court documents show that Beckett’s case is proceeding to a jury trial starting July 10, 2023.
The University sent an email to 155 students from the guest list on Oct. 19. The email stated that UM would be complying with the subpoena and submitting students’ records “as required by the summons.”
UM notified students on the guest list thanks to the Family Educational Rights and Privacy Act, according to Lucy France, UM’s legal counsel. That’s because the subpoena linked student names to a place, France said. France said the University takes “a very conservative approach” to sharing students records.
The names haven’t been shared yet, but will be by an Oct. 28 court deadline, the email stated. The University will only be sharing the students’ names, according to France.
Students who attended the party said they had to swipe in with a Griz Card or enter their 790 numbers.
According to previous Kaimin reporting, a policy started in Spring 2019 required students whose names were on guest lists of fraternity parties to swipe their Griz Cards to get in.
When students swipe their cards, their name, ID number, date and time of the scan are transferred to the Office of Fraternity and Sorority Involvement. Student data is kept for a minimum of seven years, according to Kaimin reporting.
On Oct. 10, defense attorneys Peter F. Lacny and Kathryn J. Stimson moved for the court to issue the subpoena.
According to the motion, the invite list is relevant to the case because one of the Jane Doe plaintiffs and Beckett attended the SAE party last year.
“Defense counsel is exploring this and other actions between the two, and needs the list to determine if both parties were present at the party,” the motion stated. “Additionally, defense counsel is exploring interactions between mutual friends of Jane Doe 1 and Jane Doe 2, who are subpoenaed witnesses that may have been present at the party.”
The defendant wants to know if the survivors’ friends were at the party and knew each other, the subpoena said. According to the subpoena, this will help defense to understand whether they spoke or had mutual friends that spoke to each other before filing police reports, talking to SARC or to Title IX.
The email sent to students on Oct. 19 directed students who objected to their name’s release to the court to contact their attorneys to try and get out of the summons.
“Unless the summons is quashed, the University is mandated to comply and will do so on October 28, 2022, in accordance with the requirements of the summons,” the email stated.
A phone call to the UM chapter headquarters of SAE did not yield a response on Wednesday.
Reporting contributed by Griffen Smith and Chloe Olsgaard.