Former Penn State football player Scott Paxson agreed to a plea bargain two hours into his trial yesterday, swapping former charges of aggravated indecent assault and aggravated assault for a lesser disorderly conduct citation.

A disorderly conduct citation is a summary citation given for offenses such as making too much noise. The citation carries a $300 fine and court costs.

"It's like a traffic ticket," Paxson's lawyer, Joseph Amendola, said.

Paxson was charged in March 2005 following an alleged incident in December 2004 in which a now former Penn State student said he sexually assaulted her in his Nittany Apartments residence.

The judge's ruling came after Centre County Assistant District Attorney Lance Marshall mentioned in his opening statement that two Penn State Judicial Affairs hearings had already taken place in the matter of the alleged assault. He also talked about the four-month delay between the night of the alleged attack and when the accuser asked police to prosecute. At a pre-trial conference, both the defense and prosecution had agreed that evidence was irrelevant and decided not to bring it up during the trial.

The prosecution and defense teams both agreed that the plea agreement was the best scenario after Centre County Judge Bradley Lunsford ruled that the defense team could use those facts -- which the prosecution had originally asked to be kept out of the trial -- to defend Paxson.

Amendola said once Marshall introduced those two items, they were fair game for him to address as well.

"It changed the complexity of the case," Amendola said. "If he had never brought that up, I couldn't have said anything."

Centre County District Attorney Michael Madeira said he understands the judge's decision and, though he does not agree, he does not fault the court for ruling that the evidence became relevant when Marshall brought it up.

"I am sure Lance would say he didn't open the door as far as the court said it was open," Madeira, who watched the proceedings from the back of the courtroom, said. "The judge disagreed on how wide that door was."

Marshall said he also disagreed with the ruling, but he signed the plea bargain during a 45-minute recess after opening statements from both sides were heard.

Amendola said in his opening statement that when the case was originally brought to the District Attorney's office in April 2005, Assistant District Attorney Mark Smith turned down the opportunity to prosecute because of lack of evidence.

"I was in the process of preparing subpoenas for Smith and Madeira," Amendola said. "How could a jury convict him if Smith said it wasn't a case?"

At the time, Smith was standing in for former District Attorney Ray Gricar, who had recently disappeared. When Madeira was elected to the District Attorney's Office, Marshall said he took over the case. Once in office, Madeira gave the go-ahead to prosecute Paxson.

"I am not afraid of what occurred in our office," Marshall said. "Mark Smith did his job. Mike Madeira did his job. I didn't do anything wrong."

Madeira said he did not pressure Marshall to make any decisions regarding whether to agree to the plea bargain or continue with the trial. He said he does not blame Marshall or the court for the way it ended.

"I am sure that to an extent he feels responsible," Madeira said.

Paxson pleaded no contest to the disorderly conduct summary citation, meaning he did not admit he was guilty, but agreed to pay the $300 fine associated with the citation and any additional court costs.

The trial, which ended one and a half days earlier than expected, consisted of only opening statements and never included any witness testimony.