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[ Friday, Dec. 10, 2004 ]

Rosengrants take stand in defense

Collegian Staff Writer

Questions of responsibility to a parking lot and the ability to dial 911 were the main focus of cross-examination by the prosecution yesterday in the courtroom as the defense took its turn during the trial of Christopher and Jason Rosengrant.

During the only day of defense testimony, all four Rosengrant brothers took the stand yesterday in an attempt to undermine the prosecution's case.

Christopher and Jason Rosengrant were on trial in connection with October 2003 death of former Penn State student Salvador Peter Serrano.

Ryan Rosengrant, the 23-year-old brother of Christopher and Jason Rosengrant, was first to step into the witness stand, where he described his account of October 26, 2003.

The parking lot in question is located directly outside the back door of the All American Rathskeller, 108 S. Pugh St. Ryan Rosengrant said he had finished escorting a rowdy bar patron out the back of the bar and walked into the parking lot to make sure the patron exited the premises.

Christopher Rosengrant, the last of the brothers to take the stand, testified that Duke Gastiger, the owner of the Rathskeller, had instructed him to "keep the lot clean."

The private parking lot is located in a high-traffic area for bars in the area and causes "regular problems in the lot," said then-manager Christopher Rosengrant.

"Most often it's people urinating or vomiting. It's a dark area where people could duck into, especially at night," he said. "Urinating is a big problem. It's unsanitary on the cars [in the lot] and the patio."

Ryan Rosengrant testified that he tapped a man on the shoulder urinating on the wall of Physique Boutique, 135 Calder Way, later identified as Timothy Padalino, and asked him to leave, to which Padalino turned around and pushed him "in the chest."

Ryan Rosengrant said he responded by "lightly shoving" Padalino, at which point a hand, later identified as belonging to Alison Bresnahan, allegedly covered Ryan Rosengrant's face.

"She digs in with big nails," he said, "right in my face."

Ryan Rosengrant testified that he could determine that Bresnahan was intoxicated because "she was stumbling a lot."

The altercation escalated when Serrano and his fiancee, Brooke Morgan, became involved. Ryan Rosengrant described Serrano as being "very enraged" and as "stumbling around, yelling and screaming." Profanity and screams of "You can't hit girls" tumbled out of the mouths of the four allegedly intoxicated individuals.

When Centre County District Attorney Ray Gricar, asked Ryan Rosengrant why he didn't attempt to dial 911 or contact the police at any time, he responded by saying, "That's not my job. I had no authority."

Curtis Rosengrant, the youngest of the four, echoed Ryan Rosengrant's sentiments. He said he did not phone police because Christopher Rosengrant instructed him to "go inside and watch the bar," because "half the staff" was outside. Curtis Rosengrant also said that the four were "generally being asked to leave" the area.

Jason Rosengrant said on the stand that he "never personally called 911" because it was "not really feasible." He did later acknowledge that once people had been hit, the police had to become involved.

Gricar also brought up discrepancies between police reports and testimony throughout the cross-examination process. Christopher and Jason Rosengrant both said the inconsistencies could be attributed to the lack of sleep and the exhaustive nature of the situation.

"It was a high-adrenaline situation," Jason Rosengrant said. "I also said I was waiting for 15 minutes for the police."

In response to Gricar's scrutiny regarding why he didn't dial 911, Christopher Rosengrant said he was yelling for someone to call 911, but he was otherwise occupied by restraining Serrano.

"I wouldn't let go because I definitely thought he would hurt someone," Christopher Rosengrant said of Serrano. He added it was his intention to break up the fight and then to get the police.




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Updated: Saturday, December 11, 2004  4:13:00 PM  -4
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Created: Wednesday, May 07, 2008  6:50:53 PM  -4