Centre County District Attorney Michael Madeira said at a pretrial hearing for Andrew A. Rogers yesterday that he does not believe a witness to the murder of a Penn State student actually exists.

Madeira said after the hearing that he thinks this man, known only as "Sweet," who police have not been able to find, was made up by Rogers as a story to help his case.

Rogers is charged with first- and third-degree murder and theft in the February killing of Penn State student Youngcheol Park, 24.

In Rogers' statement to police, he said he was sitting on a couch at his residence, 224 Nimitz Ave., using cocaine with Park when "Sweet" tried to put a plastic bag over his head. Rogers told police he then grabbed a rolling pin from between the couch cushions and a fight began.

The fight escalated after Park joined in, according to Rogers. According to court documents, Rogers put a garbage bag over Park's head and used a bottle and baseball bat to hit him. Rogers said he also struck "Sweet" numerous times with the baseball bat.

When Madeira was asked during the hearing by Centre County Judge Bradley Lunsford if he believed "Sweet" actually existed, he said "not at this point."

"I'm just not sure I buy the defendant's story," Madeira said. "I believe he is making up a story to help himself."

Madeira said because pictures of numerous people known by "Sweet" have been shown to Rogers and he has denied that any are the "Sweet" he was with the day of the alleged murder, he believes the possible witness does not exist.

Rogers' defense team argued that Madeira could have tainted possible jurors by publicly stating that he does not believe "Sweet" is a real person.

Therefore, Rogers' attorneys filed a motion requesting to have either an out-of-county jury deliberate over the case or an out-of-county trial.

Lunsford did not rule on the motion yesterday because he said it is "premature" to decide at this point in the case.

"Quite frankly, we have not had much media coverage of this case," Lunsford said. "That does not mean, as the trial proceeds, that will not change."

Madeira also argued at yesterday's hearing that the potential that "Sweet" could be found and more information about the alleged incident could surface is reason to not eliminate the possibility of seeking the death penalty for Rogers.

Lunsford ruled in Madeira's favor yesterday, still allowing the death penalty to be considered.

In Rogers' statement to police, he said he had never met "Sweet" before the alleged incident.

Rogers said while at the house, "Sweet" was looking through about $850 of Rogers' money in the living room. "Sweet" repeatedly asked Rogers to borrow money or buy cocaine with it, according to court documents. Rogers said he retrieved the cash, and "Sweet" said if he really wanted the money, he would just steal it.

Rogers then said he saw Park pull a gun barrel from his backpack and Rogers struck him with the bat, causing him to drop the gun, court documents indicate.

According to the criminal complaint, Rogers said he saw "Sweet" take cocaine from Park's backpack. After Park was struck and lying on the kitchen floor with Rogers over him, "Sweet" picked up the gun, pointed it at Rogers and fled, Rogers said.

Rogers told police that he awoke sometime later lying on top of Park's body. He said he changed clothes, packed a suitcase and took Park's wallet, which contained about $250 cash.