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[ Friday, Feb. 16, 2007 ]

Evidence could be suppressed
The lawyer representing David Cassada, who is accused of attacking a woman downtown, is arguing that physical and verbal evidence should be dismissed.

Collegian Staff Writer

A Centre County judge will hear arguments today about whether evidence should be suppressed in the case of a Penn State student who police said admitted to attacking three women.

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.

He is also accused 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 in addition to all of Cassada's statements and confessions not be allowed at Cassada's trial.

The motion will be discussed at an 11:30 a.m. hearing held today in Courtroom 3 at the Centre County Courthouse in Bellefonte.

According to the motion, 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.

Items seized from Cassada's apartment include clothing, photographs, mail and a beige blanket.

Authorities said the blanket is similar to a blanket that was thrown over one of the women's heads before she was attacked in the stairwell, according to court documents.

Stockey also argues Cassada was not read his Miranda rights before initial questioning.

Cassada is charged with burglary, trespassing, reckless endangerment, simple assault, terroristic threats, theft and harassment.

Centre County Assistant District Attorney Steve Sloane said his plan for today's hearing is to ask police officers involved in the case to testify and explain "what they did, why they did it."

He said he sees no problem with the conduct of the officers.

"It's just good police work," he said. "Usually when police did a great job, you get a real contentious suppression motion."

Stockey said yesterday that he did not plan on calling any witnesses and could not summarize his arguments at this point in the case.

"We're just going from paperwork that's been filed on the case," he said. "We have to listen to the testimony, order the transcripts, and if the court deems it appropriate, file briefs."

Sloane said Centre County Judge Thomas Kistler, who will be overseeing the hearing, could make a decision immediately.

"He could very well make a decision right there or he could say 'thank you, gentlemen' and go draft an opinion," Sloane said.

Sloane said that no discussion of a possible plea agreement has taken place yet.

He added that he thought Stockey was "posturing" the case for future negotiations.

"I know that the defense attorney has been doing everything in his power to put this kid and this case in the best light possible," he said.

Cassada's trial is scheduled for the April term, Sloane said.

Cassada 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.


 

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Updated: Thursday, February 15, 2007  10:55:47 PM  -4
Requested: Sunday, October 12, 2008  8:13:17 PM  -4
Created: Wednesday, May 07, 2008  6:59:49 PM  -4