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[ Monday, Feb. 19, 2007 ]

Decision on Cassada motion delayed

Collegian Staff Writer

A judge decided Friday to allow attorneys to file more briefs before ruling if evidence should be suppressed in the case of a Penn State student accused of attacking three women.

Police said David Cassada, 22, of Cheswick, admitted to attacking a woman in a downtown apartment stairwell Oct. 28 and to assaulting two women while they slept in their dorm rooms last summer.

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

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 --including the alleged confession -- not be allowed at trial.

At a three-hour hearing Friday, Centre County District Attorney Steve Sloane called State College and Penn State police officers and detectives to testify about their involvement in the case.

During cross-examination, Stockey asked the officers if they had told Cassada his Miranda rights at various times. He also asked if Cassada was free to leave his apartment.

Officers replied that Cassada would have been allowed to leave because he was not in custody.

However, Stockey argued that the situation in the apartment amounted to custody.

"If it looks like a duck and quacks like a duck, it's a duck," he said.

Stockey called Sean Gillham, Cassada's roommate at the time of the incident, to testify.

Gillham said Cassada had asked that the police leave his apartment or that he be allowed to leave the apartment.

Gillham said both requests were denied by State College Police Officer Nicholas Argiro.

However, Argiro denied that both requests occurred.

"I don't remember ever telling Mr. Cassada he couldn't leave," he said.

Stockey also argued that Cassada had requested a lawyer prior to questioning when police said he confessed to his involvement in two attacks in Penn State dorms in June.

However, Ryan Rodgers, a Penn State University Police detective, said Cassada had only said he "might" want to obtain a lawyer and therefore questioning was still allowed.

"He made no affirmative statement that he was going to obtain legal council," Rodgers said.

Centre County Judge Thomas Kistler said the commonwealth and the defense will 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.

After the hearing, Sloane said "it went as I expected." However, he said he could not get a "read" on what the judge would decide.

Stockey could not be reached for comment after the hearing.


 

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Updated: Sunday, February 18, 2007  8:08:33 PM  -4
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Created: Wednesday, May 07, 2008  6:59:53 PM  -4