Screech actor Dustin Diamond allegedly 'iced' bar patron, threatened him for refusing drink
Port Washington — Before he stabbed someone at a tavern on Christmas, prosecutors say, Dustin Diamond — best known as Screech in TV's "Saved by the Bell" — threatened to stab someone at a different bar when another patron refused to accept a drink offered by Diamond and his fiancée.
The claim is part of "other acts" evidence Ozaukee County District Attorney Adam Gerol intends to introduce at Diamond's trial on charges of second-degree recklessly endangering safety, a felony, stemming from the actual stabbing later the same evening at Grand Avenue Saloon. Diamond also faces two misdemeanors, disorderly conduct and carrying a concealed weapon.
Diamond has told police he accidentally stabbed someone while defending his fiancée, who had gotten into an argument with other patrons after she objected to them photographing the couple.
But Diamond's attorney, Thomas Alberti, has filed a motion to exclude testimony and video of the previous incident at the Patio Bar & Grill.
On Thursday, Circuit Judge Paul V. Malloy set an April 2 hearing to consider the dueling motions. Diamond's trial remains scheduled for May 27.
Also on Thursday, Diamond's fiancée, Amanda Schutz, announced she has retained prominent Waukesha criminal defense attorney Anthony Cotton. Schutz is charged with a misdemeanor related to the same incident and originally was represented by Diamond's attorney, Alberti.
According to Gerol's motion, Paul Rogers and his brothers were watching a basketball game at The Patio Bar & Grill on Dec. 25 when Diamond, 37, came up to one of the brothers with a bottle of Smirnoff Ice and announced, "You've been iced. Get on your knees and drink this."
The man declined but Diamond persisted, until Rogers told him to back off.
A few minutes later, according to Rogers, Schutz approached his brother and said, "Just drink it."
Again the man refused, allegedly prompting Diamond to walk to the middle of the bar and say words to the effect of, "Don't make me stab someone on Christmas." Rogers says he and his brothers thought Diamond had a knife, though they did not see one. They decided to leave the bar.
The bartender and video corroborate that Diamond approached the brothers about drinking a Smirnoff Ice they didn't want, according to the motion.
"This evidence would tend to prove intent, preparation, plan and absence of mistake or accident in that Diamond had already articulated to stab someone before the incident which will be tried," Gerol wrote.
The defense motion to block the Patio Bar evidence suggests the Rogers brothers were already intoxicated and only came forward with their claims days later, after seeing news coverage of what transpired later at Grand Avenue Saloon.
Specifically, Alberti contends that Gregg Rogers, the brother who refused to be "iced," initially told police "he did not exactly remember everything" and did not hear Diamond make any statement about a knife or stabbing. The next day, Rogers called police and "reversed his story 180 degrees" by now claiming Diamond said something about stabbing someone and reached toward his pocket, according to Alberti's motion to suppress evidence.
The Patio Bar & Grill incident was a simple misunderstanding over Diamond's "jovial" offer of a drink, according to Alberti's motion. He argues that it would unduly prejudice Diamond in the case and is unnecessary because Diamond doesn't dispute many of the facts of the later incident.
"It is human nature to assign weight to situations that, at first glance, seem like a pattern," the defense motion reads.
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Originally Posted by ThreeBet
