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[ Friday, Oct. 20, 2006 ]

Judge denies Rogers' bail

Collegian Staff Writer

The State College man charged with murdering a Penn State student last February was denied bail yesterday, forcing him to remain in prison until his trial.

Andrew A. Rogers, of 224 Nimitz Ave., is charged with first- and third-degree murder for allegedly placing a garbage bag over Youngcheol Park's head and beating him with a bottle and baseball bat in Rogers' home.

If Rogers is found guilty during his trial, he will serve a life term in prison, Assistant District Attorney Lance Marshall said.

Yesterday, prosecution successfully argued that withholding bail from Rogers was the best for Centre County.

"The Eighth Amendment, right to bail, is not an absolute one," Marshall said.

Marshall said that although the commonwealth is no longer seeking the death penalty, Rogers is still not entitled to bail.

Public defenders argued in favor of Rogers, saying they had a solid self-defense case they will use in trial.

"There's nothing to contradict Rogers' claim to self-defense," Centre County Chief Public Defender David Crowley said.

Crowley said an unidentified third individual, known only as "Sweet," initiated the conflict leading to Park's death. The defense has not been able to prove "Sweet" exists or locate him.

Crowley also told the court that two inmates had come forward in March, shortly after Rogers was arrested, falsely claiming they could testify "Sweet" didn't exist.

PHOTO: Andrew Lala
PHOTO: Andrew Lala
Andrew Rogers, who is charged with murdering a Penn State student last year, prepares to enter the Annex Building in Bellefonte for his bail hearing yesterday morning. Rogers was denied bail.

The inmates told police they could prove "Sweet" was fictional through conversations they had with Rogers while residing in the Centre County Prison together.

"They were just two guys serving a sentence trying to get out of jail," Crowley said.

He added that both men took a polygraph test -- one failed and the other was inconclusive -- and were questioned by secret service agents who determined the inmates were lying.

The two "snitches" subsequently confessed.

Crowley said yesterday that the commonwealth should be prosecuting these offenders for this offense as well.

Crowley added that certain police reports do prove the existence of "Sweet."

However, District Attorney Michael Madeira said this claim was false and said the prosecution does not believe in the existence of "Sweet."

Madeira said this, among other aspects of the defense's case yesterday, was irrelevant to the bail hearing.

He added that he was pleased with Judge Bradley Lunsford's decision to deny bail.

"He looked at what the law was," he said.

Rogers' jury selection is scheduled for Jan. 8.


 



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