The State College man charged with beating a Penn State student to death in February sat virtually motionless yesterday as a judge told the prosecuting district attorney that he could continue to seek the death penalty.

Centre County Judge Bradley Lunsford ruled yesterday afternoon that it would be premature to decide whether Centre County District Attorney Michael Madeira could seek the death penalty against Andrew A. Rogers, 28, before testimony was heard in the case. Rogers' defense team had filed a motion asking for the judge to throw out the possibility of Madeira seeking the death penalty.

Rogers was charged with first- and third-degree murder after Youngcheol Park, 24, was found dead at Rogers' residence, 224 Nimitz Ave., in late February. Rogers is also charged with stealing Park's money after he was dead.

Madeira argued yesterday that it would be "inappropriate" for the judge to rule that there was not an aggravating circumstance, which is necessary to seek the death penalty, Lunsford also ruled that the county would pay for a private investigator, a mental health expert and a mitigation specialist for the defense because Rogers, who is being represented by the public defender's office, cannot afford to pay for their services himself.

"There is no question he is indigent," Rogers' attorney, Deborah Lux, said after the hearing. "He is being represented by [the public defender's] office."

Madeira said a mitigation specialist would conduct independent interviews among acquaintances of Rogers to prove his innocence as long as the death penalty is being sought against him.

If Madeira waits until the trial's final arguments before declaring he does not have reason to seek the death penalty against Rogers, taxpayers will have paid for an obsolete mitigation specialist.

Lunsford asked Madeira to make the determination on seeking the death penalty as soon as possible to lessen the cost on the taxpayers.

"It would be a shame if the taxpayers expended all those resources to find it was not necessary," Lunsford said at the hearing.

The judge also asked that a cap be put on the amount of money the defense can use on each specialist hired.

Although Lux said she doesn't know how much each expert would charge, she estimated the expense of each specialist would be around $100,000.

"Have you ever spent $100,000?" Lunsford replied, asking Lux to consider the burden on taxpayers.

Lunsford ruled against Lux's request for a jury consultant, which would aid the defense during jury selection, to be paid for by the county.

"That is an unreasonable expense for the county to pay," Madeira said.

Lunsford, however, didn't object to the request for the other specialists.

"These are all things a capital case needs," he said.

Lunsford ordered a continuance of the trial until the October term of court, temporarily setting jury selection for Oct. 2.

He also ruled that both prosecuting and defending lawyers could individually question prospective jurors in addition to questioning possible jury members as a group.

Once a jury pool is selected, Lunsford ordered they be allowed to take notes if the trial lasts more than two days.

Lunsford did not rule on a motion filed by the public defender's office requesting either an out-of-county jury or an out-of-county trial.

"I think it is premature to decide that," Lunsford said, citing limited media exposure in the case.