The nonjury trial of a Penn State student accused of raping another student at a fraternity in October 2005 has been continued to allow more time for negotiation with the prosecution, the defense lawyer said.
Shawn Cornelius is accused of sexually assaulting an 18-year-old woman at Kappa Alpha fraternity, 234 E. Beaver Ave., on Oct. 28, 2005, State College police said.
Cornelius, who was 20 years old at the time, is charged with rape, sexual assault, involuntary deviate sexual intercourse, aggravated indecent assault and indecent assault.
Cornelius was scheduled for a nonjury trial on Tuesday.
However, his attorney, Joseph Amendola, said the trial has been continued until the April term.
"We decided to continue the matter to April 2 to continue discussing possible resolutions," he said.
Amendola said he has held a "number" of meetings with the prosecution and he was "cautiously optimistic" about finding a resolution to the case.
Steve Sloane, the Centre County assistant district attorney handling the case, did not return calls by press time yesterday.
In the past, Sloane has said there were "some interesting considerations in the case."
He has also confirmed that he has been discussing a plea agreement with the defense. According to court documents, the woman said after drinking, she passed out on the bed in a room that Cornelius was in.
She said at different times when she woke up during the night, Cornelius "had his fingers in her vagina," was performing oral sex on her and was having sexual intercourse with her, according to the complaint.
The woman told police she was too intoxicated to move, according to court documents.
Amendola has said Cornelius maintains that the woman was conscious and the sex was consensual. He has said the woman may have been too drunk to accurately remember what occurred.
Cornelius was bound over on all charges at his preliminary hearing last March. In October 2006, Centre County Judge Thomas Kistler denied Cornelius' request that the charges be dropped because of insufficient evidence that the woman was unconscious.
Kistler denied the motion, citing sufficient evidence for the case to go to trial.

