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[ Tuesday, Feb. 7, 2006 ]

Jury selected for ex-wrestler

Collegian Staff Writer

Attorneys in the case of a former Penn State student and wrestler who was convicted of sexual assault in 2001 chose a jury of 11 men and one woman yesterday to serve at the March 23 and 24 retrial.

The 12 white jurors and two white male alternatives were selected from a pool of 30 potential jurors to hear and decide in the case of Jean Celestin, 26, who is black.

Celestin's attorney, Eric Linhardt, used the help of a jury consultant to choose the jurors who will hear testimonies and make a decision following the March trial.

Centre County Assistant District Attorney Lance Marshall and Linhardt took more than half an hour to ask the potential jurors specific questions to ensure the jury would be impartial.

"All we are asking for is a fair trial," Linhardt said. "Please put aside the preconceptions we all come here with."

Linhardt reminded the jury members that Celestin is innocent unless he is proved guilty beyond a reasonable doubt.

"The burden is on the district attorney's office," he said. "I don't have to ask questions or get people to testify ... Mr. Celestin and I can sit at the trial and play a game of cards."

Marshall said the victim, four former Penn State students, two employees who worked at the scene of the alleged incident, a representative from Penn State Judicial Affairs, two policemen from the State College Police Department and a doctor will testify for the plaintiff.

One potential female juror was excused because she said her previous knowledge, through media sources, would affect her decision.

Lindhardt asked potential jury members whether anyone had strong feelings about interracial dating because Celestin is black and the alleged victim is white. One man was excused because of this issue.

Marshall said he would not comment about the makeup of the jury.

Celestin was convicted of sexually assaulting a 20-year-old Penn State student at the Days Inn, 240 S. Pugh St., in a 2001 trial. He was sentenced to two to four years in prison and was ordered to register as a sex offender.

Celestin appealed the conviction to the Pennsylvania Superior Court, claiming he had ineffective assistance at his trial.

Linhardt filed the appeal, alleging Celestin's previous counsel was ineffective because he failed to object to the admission of "hearsay statements" and an illegally recorded telephone conversation.

In October 2005, the court granted the appeal, deeming Celestin's trial lawyer, Mark Lancaster, ineffective. Celestin was released from Centre County Prison in lieu of $25,000 unsecured bail.

Celestin's retrial was originally scheduled for Jan. 9 and 10, but Centre County Judge Thomas Kistler granted a continuance to allow Celestin and Linhardt more time to prepare for the retrial.


 

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Updated: Tuesday, February 07, 2006  11:11:47 AM  -4
Requested: Saturday, October 11, 2008  2:46:26 PM  -4
Created: Wednesday, May 07, 2008  6:55:43 PM  -4