Andrew Rogers, the man accused of murdering a Penn State student last year, wants to take the stand at his upcoming trial, his lawyer said Friday.

"Andy wants to do it," defense attorney David Crowley said. "You have to evaluate where you are at the time [during the trial]. Until you're actually in the moment, then you have to make a decision."

Rogers, 28, of 224 Nimitz Ave., is charged with first- and third-degree murder in connection with the February 2006 beating death of Youngcheol Park, 24. His trial is set to be April 9.

Rogers has maintained that another man -- known only as "Sweet" -- instigated a fight and forced Rogers to physically defend himself. Police have not been able to identify a third man, though bloody footprints found at the scene could not be connected to Rogers or Park.

In a criminal case, the defendant cannot be denied the opportunity to testify on his own behalf even if his attorney, who can advise him otherwise, disagrees with his decision.

Crowley's comments came after a pre-trial hearing Friday, in which both sides presented arguments about matters related to the upcoming trial.

The defense argued at the hearing before Centre County Judge Bradley P. Lunsford that an expert witness should be allowed to testify to validate the possibility that Rogers could have fainted at the scene, as his story details, from the trauma caused by the incident.

Rogers told police he does not remember anything after fainting once "Sweet" pointed a gun at him, and since that time he has not been aware of "Sweet's" whereabouts, according to court documents.

The defense was arguing against a motion filed by Centre County Assistant District Attorney Lance Marshall last week to strike the witness' testimony, Crowley said.

"We've all seen America's Funniest Home Videos ... we've seen people fainting at weddings," Centre County District Attorney Michael Madeira said. "We don't need an expert to tell us that's possible."

The judge is set to rule today on whether the expert's testimony will be admissible.

At the hearing, the judge denied only the defense's motion to prevent the Commonwealth from arguing robbery as Rogers' motive.

"Everything we agreed to, [Lunsford] granted," Madeira said in review of Friday's hearing.

Madeira would not comment on whether he planned to argue robbery as a motive in Park's death, saying only that he does not need to prove a motive and he plans to argue based on the evidence presented at trial.

The judge has yet to rule on the defense's motions to stop the Commonwealth from presenting crime scene photographs that show Park's body as it was found in Rogers' kitchen, covered in blood and in an advanced state of decay.

The motion to stop the photos from being presented at trial states that "the publication of such photographs to the jury would serve only to inflame the jury."

The judge also ruled that the burden of proof in the case lies with the prosecution, though Madeira said he didn't think there was anything to debate.

The judge also granted the defense's motion to exclude a report by State College police Detective Ralph Ralston which stated Ralston did not believe Rogers showed remorse over Park's death.