The lawyer of a Penn State student who police said admitted to attacking three women filed a motion to ban all physical evidence and statements made by his client from the student's pending trial.

David Cassada, 22, of Cheswick, is accused of attacking a woman in a downtown apartment stairwell Oct. 28 by throwing a blanket over her head, and of assaulting two women while they slept in their dorm rooms during the summer.

Cassada's attorney, William Stockey, filed a motion Dec. 29 requesting that all physical evidence seized from Cassada's apartment and all Cassada's statements and confessions not be allowed at trial.

The motion alleges that police failed to obtain a search or arrest warrant or Cassada's consent when they seized evidence from his apartment Nov. 1 and Nov. 2. Stockey also argues Cassada was not read his Miranda rights prior to initial questioning.

Cassada is charged with burglary, trespassing, reckless endangerment, simple assault, terroristic threats, theft and harassment. He is currently living with his mother in Pittsburgh and is undergoing counseling and treatment for "mental illness and alcoholism" at the University of Pittsburgh Medical Center psychiatric facility, Stockey said.

Police originally spoke to Cassada at his apartment Nov. 1 regarding his alleged assault on Oct. 28, according to the criminal complaint. Police initially searched Cassada's apartment with his consent and then obtained a search warrant after he withdrew his consent, according to the complaint.

Cassada made a written statement Nov. 2 admitting his involvement in the case, according to the complaint. In a later interview with police that day, Cassada said he was also responsible for two previous attacks on women in the summer, also according to the complaint.

Items seized from Cassada's apartment include clothing, photographs, mail and a beige blanket, according to court documents. According to the criminal complaint, a white T-shirt and khaki trousers seized from the apartment are similar to those worn by the attacker shown in surveillance video of the October attack. The beige blanket seized at Cassada's apartment is also similar to the blanket seen in the video, according to the complaint.

The motion alleges that Cassada was never read his Miranda rights and that his initial confession "was unlawfully obtained by duress and coercion."

According to the criminal complaint, officers did not read Cassada his rights at the apartment because he was not in police custody at the time.

The motion requests that Cassada's statements about his involvement in the two summer attacks also be rendered inadmissible for trial. According to the motion, Cassada asked for but did not receive legal counsel before making the confession. He also "was never properly and effectively Mirandized," according to the motion.

According to the criminal complaint, police read Cassada his Miranda rights before the second interview and Cassada said he understood their meaning.

Stockey said he expects a judge to respond to his motion within the next few days. He said the future course the case will take depends heavily on whether the motion is granted.

"That's the pivotal issue," he said.

Assistant district attorney Steve Sloane did not return phone calls for comment by press time yesterday.