After students left for winter break, Centre County Judge Tom Kistler upheld his sentencing of a former Penn State wrestler convicted of sexual assault and a former PSU employee who embezzled nearly $380,000 from the university, despite concerns from District Attorney Ray Gricar.

On Nov. 19, Kistler deviated from state sentencing guidelines in his rulings in the back-to-back cases. On Dec. 17, he upheld the ruling.

He sentenced Jean M. Celestin to six to 12 months for sexual assault, instead of the recommended minimum of three to six years incarceration in state prison.

That same day, he sentenced 60-year old John Marshall from nine months to nearly two years in the county jail.

Gricar argued that the leniency of the rulings does not serve as an adequate deterrent for crime. In previous interviews, Gricar said the sentencing was too light and expressed concern for the message it could send to potential offenders, especially concerning sexual assault.

On Nov. 19, a jury found Celestin guilty of sexually assaulting a 20-year-old female former Penn State student. The victim withdrew from Penn State before the conclusion of the 1999 Fall Semester. On Dec. 6, the Penn State Office of Judicial Affairs expelled Celestin from Penn State for a two-year period, after which he will be able to receive his degree if he completes his graduation requirements.

Celestin is appealing his conviction.

During sentencing, Kistler decided to delay the beginning of Celestin's imprisonment until December, which would have allowed Celestin to complete his coursework for the semester and graduate. When the national non-profit group Security On Campus, Inc. (SOC) became aware of Kistler's ruling, it sent a letter to University President Graham Spanier asking that Celestin be denied graduation.

After the victim heard that Celestin remained a student at Penn State she asked Judicial Affairs to reopen the case. She initially requested that the Judicial Affairs process not start until after the court proceedings were finished.

Regarding Marshall, Gricar said Kistler should have sentenced the former director of Outreach Operations to consecutive terms on the more than 200 charges against him. Gricar recommended Marshall serve between 16 to 25 months in state prison. Marshall was convicted of embezzling from the university to support a gambling addiction.

Gricar will now appeal to the state Superior Court, where he will attempt to have Celestin's and Marshall's sentences stiffened.