The lawyer for the State College man accused of beating a Penn State student to death in February claims there is no proof his defendant can be convicted of second-degree murder.

Centre County Chief Public Defender David Crowley said he filed for a petition for habeas corpus on behalf of Andrew A. Rogers, 28, last Thursday challenging the sufficiency of the evidence to support the robbery and felony charges brought against Rogers.

Rogers admitted in a statement to stealing Penn State student Youngcheol Park's wallet hours after allegedly beating him to death.

"However, there has to be some proof that the intent to take the wallet was formed prior to the use of force," Crowley said.

Second-degree murder is the act of committing homicide in connection with another felony, which in this case is robbery.

In the petition, Crowley states, "The theft of decedent's wallet was a mere afterthought, not the intended purpose of the alleged aggression."

Rogers was bound over for trial on all charges -- first-, second- and third-degree murder and two counts of robbery, one count of theft and one count of receiving stolen property -- by Magisterial District Judge Jonathan Grine at his preliminary hearing April 6.

Crowley said Centre County District Attorney Michael Madeira must prove it was Rogers' intent to engage in a dangerous felony that he should have known could result in the victim's death.

The petition states Grine relied on an inaccurate case and interpreted the law to say that the intent to rob the victim could be formed after the killing. This is not accurate, Crowley said.

Madeira said Crowley's allegations are his own interpretation of the law.

"I clearly disagree," Madeira said. "With regards to the theft and robbery, specific intent doesn't have to exist prior to the assault."

Rogers turned himself into the Uniontown Police Department on Feb. 27, four days after police allege he fatally beat Park in Rogers' State College residence, 224 Nimitz Ave.

Before turning himself in, Rogers told police in a statement that he took a wallet from Park's pocket, which contained about $250, before leaving his house. The State College Police Department discovered that he allegedly used the money to buy food and a hotel room.

The hearing to review the second-degree murder charge will take place at 3:30 p.m. May 30 at the Centre County Courthouse in front of Judge Bradley Lunsford.