The attorney representing a man accused of murdering a Penn State student said he plans to call several witnesses during the trial, including police officers, the man's roommate and a Sheetz worker.
Andrew A. Rogers, 28, is accused of murdering Youngcheol Park, 24, who police said was found in Rogers' residence, 224 Nimitz Ave., after Rogers turned himself into authorities in Uniontown. Police said Rogers placed a garbage bag over Park's head and beat him to death with a bottle and baseball bat on Feb. 23, 2006.
In statements to police, Rogers has maintained that a third man, known only as "Sweet," instigated the fight, causing Rogers to retaliate in self-defense. Police said they have not been able to identify a third actor.
David Crowley, the public defender representing Rogers, said his witnesses include police officers, such as lead investigator Michael McDannel, who gathered information that Crowley believes supports Rogers' statement concerning a third person at the incident
Crowley also said an employee at Sheetz, 102 Valley Vista Drive, State College -- which Rogers patronized shortly after leaving his apartment -- will take the stand. Crowley said the woman has told police Rogers had scratches on his face when she saw him that night.
Crowley said Rogers' roommate, who he said gave Rogers rent money that day, will be called on to prove that Rogers had cash on hand for which "Sweet" could have tried to rob him. The defense will also provide bank statements verifying that Rogers had cashed a check within two days of the incident, he said.
Crowley said individuals will also be brought forth to testify that they purchased cocaine from Park.
Centre County District Attorney Michael Madeira said he would address all specific evidence and witnesses at the trial. He added that, like most trials, he would call on police officers who were at the scene or who spoke to the defendant, expert witnesses -- such as the pathologist -- and lay witnesses with pertinent information.
"I find it interesting that [Crowley]'s commenting on the evidence. It's my job to convince 12, not all of Centre County," Madeira said.
On Feb. 20, a long-awaited crime lab report was delivered to the defense that said three bloody footprints found at the crime scene could not be linked to Rogers or Park.
Madeira said he gave the defense a State College police report Thursday at the pretrial conference that stated neither detectives nor other persons who investigated the scene were responsible for the footprints, and assured the defense of his desire to identify them.
"If I identified the footprints, I would tell the council as soon as I do so. This won't be trial by surprise," Madeira said, adding that, while he would report any new evidence, he will be saving any "theory" he may have about the prints for trial.
Crowley said he hopes the judge will set a limit for how long Madeira can pursue other explanations for the print.
He said he fears the district attorney may present a differing theory for the existence of the prints at trial, thereby prolonging the trial in order to examine a new explanation.
Centre County Judge Bradley Lunsford said he did not rule on any limits at the pre-trial conference. Madeira said the defense filed a motion asking the judge to prevent him from further publicly denying the existence of a third person.
"I think it becomes almost impossible for Mr. Madeira to deny [that there was a third person present], and I'm wondering how he's going to try to do that," Crowley has said. "I guess we're asking him to put up or shut up: either tell us who was standing there in the middle of the melee or admit that there was a third person there."
After hearing both sides argue their positions, Lunsford said he rejected the motion by ruling in favor of the commonwealth.
While the identity of the person who made the footprint remains in question, Crowley said it is more important that the jury, set to be selected April 3, understands that it is up to the district attorney to disprove Rogers' story.
"The trial hinges on whether the commonwealth has the burden of proof against Andrew's statement," Crowley said. "When everything they've found supports what he's saying, I'm astounded that he's still facing a murder charge."

