The attorney for Penn State football player Anwar Phillips said his client's unusual decision to not appear in court for his preliminary hearing on March 26 was due to overwhelming media attention.
Phillip's absence has drawn criticism from the Women's Resource Center for being unfair to the victim, who was present and prepared to testify.
Phillips reportedly sat in a car while his lawyer, Tony DeBoef, filed necessary papers with District Justice Allen Sinclair.
Phillips has entered a not guilty plea to charges of sexual assault and aggravated indecent assault stemming from a Nov. 12 incident.
Dawn McKee, education and outreach coordinator for the center, said a victim does not have the option to testify from a car.
"A bench warrant could possibly be issued for the victim or she could be subpoenaed," McKee said.
McKee said victims of sexual assault have to face the humiliation of medical exams, talking to police, and testifying in court.
"Facing the media pales in comparison to what the victim has to go through," McKee said. "She's talking about what happened to her before complete strangers."
McKee added that the lives of victims of sexual abuse "are changed forever."
She argued Phillips was treated differently from the average defendant because of his status as a Penn State football player.
"I'm thinking that Joe Blow wouldn't get the option to waive a hearing from a car," McKee said.
Defense attorney Tony DeBoef argued the media focus on his client has resulted in a cloud of guilt over Phillips. "We are all innocent until proven guilty," DeBoef said. "It doesn't seem that way when there are 800 pictures taken."
DeBoef said Phillips was present at the Centre County Courthouse and signed the necessary papers to waive his hearing and proceed to trial. He also said his client had already been arraigned and it is not unusual for a defendant not to appear at court in person to sign waiver papers.
"The bottom line was to try to avoid the cameras," DeBoef said. "His name is everywhere and his picture is everywhere."
However, Centre County District Attorney Ray Gricar, who is prosecuting the case, said it was unusual for the defendant not to appear in court to waive his preliminary hearing.
"That was a first," Gricar said. "I don't know that it was illegal. I've never seen that happen before."
Normally, Gricar said, a defendant appears before the magistrate, has the loss of certain rights explained to him and signs various papers.
"It looks like this guy got some special treatment," Gricar said.

