Terry Hull, first assistant prosecutor for Hudson County, N.J., confirmed Penn State contacted his office requesting the police reports, but Hull said neither his office nor the Hoboken police can release any information until after the case goes before a grand jury.
Before Penn State can pursue its investigation, the university needs access to the victim and police witnesses, MacCarthy said.
So far, the university has no evidence against Casey, MacCarthy said.
"The only witnesses who have come forward publicly have supported Rashard," he said.
While MacCarthy and Judicial Affairs is at a standstill in the Casey investigation until the university obtains more information, disciplinary action against the rioters continues.
Political Agenda?
Some students arrested during the July riots question the university's motive behind their speedy judicial processes.
Town senator Michael Byrne (senior-computer engineering) was charged with failure to disperse and disorderly conduct. Although jury selection for his trial isn't slated until October, Penn State already gave him a one-semester suspension, Byrne said.
Byrne believes Penn State officials are using the rioters as scapegoats to send a message that the university won't tolerate the alcohol-related riots.
"They're trying to make examples of us, " Byrne said.
The university's political agenda is getting in the way of justice, Byrne said.
"The rioters are being treated differently than any other students," Byrne said.
Although Penn State football coach Joe Paterno said he wasn't familiar with the rioters' cases, he believes the accused students — like Casey — should get a fair investigation.
"I haven't got the slightest idea what's going on (with the students who were charged)," Paterno said. "But I think the case should be handled by professional people. I hope the decisions that are made are the right ones. I hope the actions here aren't influenced by public pressure."
Penn State's Court of Law
Martin Austermuhle (senior-international politics), who is also a town senator, was charged with failure to disperse and disorderly conduct. While a judge dropped the disorderly conduct charge, the university is still charging him with failure to comply with directions and disorderly conduct in a localized disturbance, Austermuhle said.
Although the riots were an embarrassment to both State College and Penn State, the arrests occurred off-campus, Austermuhle said.
"What happened was not related to Penn State," Austermuhle said.
But MacCarthy said the location of the crime is irrelevant.
"It doesn't matter who the student is, where it occurs," MacCarthy said.
Any student who is arrested on or off-campus will be investigated by Judicial Affairs if the case is brought to the office's attention, MacCarthy said.
"They have to be made aware of it," MacCarthy said.
During a Judicial Affairs hearing, Austermuhle was given a deferred suspension. While he could continue to attend classes, under the deferred suspension, he couldn't participate in any university-related activities — including Undergraduate Student Government.
Byrne and Austermuhle are both appealing the university sanctions. Austermuhle said the rioters are innocent until proven guilty, and guilt shouldn't be presumed on the police reports alone.
"Any institution — whether it's the university or not — should wait for the criminal charges," he said.
However, MacCarthy said the university's investigation is based on the student conduct code, not criminal law. Even if the students are exonerated in court, their Penn State disciplinary sanctions remain.
"It has nothing to do with the criminal process," MacCarthy said.
The Waiting Game
Although Penn State's inquiry is separate, the university must play by the New Jersey court system's timetable in the Casey investigation, MacCarthy said.
Unlike the Pennsylvania court system, under New Jersey law an accused person is not indicted until he goes before a grand jury. A majority rule of the 23 grand jurors decides if the accused person should be held over for trial in a superior court or if the case should be sent to a lower municipal court. The jury can also vote a "no-bill," which would end the case.
It could be October before Casey's case reaches the grand jury, Hull said. He said even after a possible grand jury indictment, police evidence will be given to the defense attorney but will not necessarily be made available to Penn State.
Athletes in Trouble
Casey isn't the first Penn State athlete in recent history to face problems with the law in the off-season. Two Penn State wrestlers were charged with the rape and sexual assault of an 18-year-old woman in their State College apartment last fall.
Unlike Casey, Jean Celestin and Nate Parker were suspended from the team until the charges were resolved. Coaches can suspend athletes from their teams without the involvement of Judicial Affairs, MacCarthy said.
Paterno has spoken with Casey and believes there is more to the story, MacCarthy said. Paterno's support is significant, he said.
"Coach Paterno has had, in the 35 years he's been coaching, a reputation for integrity dealing with these things that can't be surpassed, MacCarthy said.
Uncertain Future
If Casey is indicted, Paterno could not say how that would affect the Nittany Lions' lineup.
"If there was an indictment, I think I'd like to talk about it with some people, preferably President Spanier," he said. "But Rashard Casey is the starting quarterback right now."
Hull stressed that Casey's investigation is still pending.
"He's presumed innocent at this time," Hull said.
Byrne and Austermuhle said it is that principal of "innocent until proven guilty" that the university's discipline system still lacks.
"We haven't even had our day in court," Byrne said.
Collegian staff writer Geoff Dodd contributed to this report
