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[ Friday, Feb. 16, 2007 ]

Decision to suppress evidence delayed

Collegian Staff Writer

A decision on whether to suppress evidence against a Penn State student charged with attacking three women was delayed for weeks this morning to allow attorneys time to file briefs.

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.

At a three-hour hearing on the motion today, Centre County Assistant District Attorney Steve Sloane called State College and Penn State University police officers and detectives involved in the case to testify. Stockey called Cassada’s roommate to testify.

Stockey argued at the hearing that Cassada was under the impression that he was in custody during encounters with the police and therefore should have been read his Miranda rights. However, police officers testified that they informed Cassada that he was not in custody and was free to leave.

Centre County Judge Thomas Kistler said the Commonwealth and the defense would have 14 days after receiving transcripts of the hearing to file briefs. Kistler will make a decision after he has reviewed briefs from both sides.

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


 

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Updated: Sunday, February 18, 2007  2:15:24 PM  -4
Requested: Friday, September 05, 2008  5:35:58 AM  -4
Created: Wednesday, May 07, 2008  6:59:50 PM  -4