The Daily Collegian Online	 - Published independently by students at Penn State NEWS
[ Friday, Sept. 29, 2006 ]

Paxson may file civil suit

Collegian Staff Writer

The agent for former Penn State football player Scott Paxson said yesterday that he is investigating the motives of the Centre County District Attorney's office and considering civil action after Paxson's indecent assault trail ended yesterday in a plea bargain.

"There is a whole lot to this story that a lot of people aren't aware of and that I am not going to make people aware of yet," Paxson's agent, Chuck Abel, said. "There is a whole other level of absurdity. Scott took the high road [Wednesday] and let a lot of people off the hook. What happened [Wednesday] spoke for itself."

Paxson reached a plea agreement Wednesday with the prosecuting attorney, Assistant District Attorney Lance Marshall, that exchanged his aggravated indecent assault and indecent assault charges for a disorderly conduct citation, which is similar to a parking ticket.

In the trial's opening statements, Marshall referenced the fact former Acting District Attorney Mark Smith initially declined to prosecute the case.

The plea bargain was reached after the judge ruled that because Marshall had introduced the evidence, it was admissible in court.

Last spring, Abel said Paxson was considering pressing charges against the District Attorney's office if he was acquitted of the assault charges brought against him.

Centre County District Attorney Michael Madeira said the District Attorney's office has immunity from all lawsuits brought against them.

"File away," he said.

Abel said the catch is that if Paxson can prove that the District Attorney's office decided to prosecute him in bad faith, immunity does not stand.

"There is an issue with Lance Marshall," Abel said. "And, when I know for a fact it's true, we will pierce immunity."

Marshall had no comment.

Paxson's attorney, Joseph Amendola, said finding bad faith is a "difficult hurdle to jump over," and he said he has never supported Paxson pursuing any civil action against Marshall or the district attorney's office. He said he doesn't believe it is in anyone's best interest.

"But that is Scott's call," Amendola said. "I explained to him that if they are going to pursue this they would have to get outside counsel. I respect the DA's office too much to allege bad faith."

Abel said any decision on whether or not to file a civil suit will probably come sometime next year.

He said he plans to investigate Marshall's motives for the "next few months."

Abel said Paxson will stay out of the investigation for the time being because he needs to focus on his football career.

"I am not going to make accusations now," Abel said. "The investigation shouldn't take very long."


 



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