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[ Wednesday, April 4, 2007 ]

County selects Rogers' jury

Collegian Staff Writer

With less than a week before accused murderer Andrew Rogers' trial begins, the jury -- which includes a Penn State student -- was selected yesterday to decide his fate.

Rogers, 29, of 224 Nimitz Ave., is charged in connection with the February 2006 beating death of Youngcheol Park, 24, with whom he was said to be using cocaine at the time. Rogers' trial is set to begin Monday.

The defense 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 linked to Rogers or Park.

Rogers was freed of his handcuffs yesterday, wearing a tan suit with a peach-colored dress shirt and dark tie as he watched the court methodically select the citizens who will determine the verdict in his homicide trial.

A testament to the highly publicized nature of the trial, Centre County Judge Bradley P. Lunsford asked the initial pool of 50 jurors if anyone had heard about the case previously through the media -- and an overwhelming number of hands shot into the air.

"Let me go about this a different way -- who hasn't heard about the facts of this case through any of the media outlets?" Lunsford said, to only a few respondents.

Four women and eight men were chosen for the jury. Three men and one woman were chosen as alternates.

The court identified one of the men selected for the jury as a Penn State student, who said his classes would not affect his ability to serve.

The selection process was prolonged when a panel of 14 jurors was stricken after Centre County District Attorney Michael Madeira referred to Rogers' lawyers as "public defenders."

Lunsford said by case law, Madeira's acknowledgment that Rogers is being defended by the county and not a private attorney is a "harmless error," but he still decided to replace the panel with 10 additional jurors.

"You never know what kind of jury you're going to get, but I am very satisfied with the process we went through. I thought it was thorough," Lunsford said.

At one point, Madeira objected to the defense's phrasing of a question to the jury, which he said presented the defense's opinion that there was a third man present as fact.

During the jury selection process, the judge handed down his decision to exclude medical expert testimony supporting the possibility of Rogers' claim that he fainted at the scene and is since unaware of the whereabouts of "Sweet."

The judge has yet to rule on the remaining motion regarding the presentation of crime scene photos at trial. The defense objected to the photos on the basis that the jury may view the pictures as inflammatory since they show the decayed body covered in blood.

Lunsford said a conference is scheduled for 9:30 a.m. tomorrow, at which time he will review the photos and decide if those chosen by the prosecution will be admissible in court.


 



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