A judge ruled yesterday to allow about 60 crime scene photos prepared by the Commonwealth to be shown at accused murderer Andrew Rogers' trial, denying the defense's claim that the photos would "inflame" the jury.

Rogers, 29, of 224 Nimitz Ave., faces first- and third-degree homicide charges in connection with the beating death of Penn State student Youngcheol Park. Park's body was found inside Rogers' kitchen on Feb. 27, 2006, four days after he died, according to court documents.

Rogers has consistently told police that a third man named "Sweet" instigated the fight and forced Rogers to physically defend himself -- a story that, according to the court, the Commonwealth has the burden of disproving at trial.

Rogers' trial is scheduled to begin Monday.

Last Friday, defense attorney David Crowley argued that the photos, which depict the body of Park covered in blood and in an advanced state of decay, were irrelevant to the case.

"The publication of such gruesome photographs to the jury will only serve to inflame the jury," Crowley's motion to exclude the photos states.

Despite the defense's objections, Centre County Judge Bradley P. Lunsford only dismissed two photos from the set he was given by the prosecution -- both of which were duplicates.

Additionally, Lunsford decided that a close-up photo of Park could be used under the condition that his face is "screened out."

The defense's motion stated that the photos turned over by the Centre County District Attorney's office in discovery included numerous color images of "blood spatter, blood pools, and the decedent lying on the floor of the defendant's kitchen and at the Mount Nittany Medical Center being autopsied."

At the jury selection Tuesday, jurors were asked about their reaction to the possibility that they would be presented with photographs of a victim of "blunt force trauma."

In an e-mail message, Lunsford wrote that the defense and the district attorney's office had agreed during a meeting yesterday not to discuss the case with the press until it goes to trial Monday. He could not be reached for further comment yesterday.

Also yesterday, the defense withdrew a motion to restrict the "oratorical flair" of District Attorney Michael Madeira.

The motion quoted Madeira as saying " ... one of the things I enjoy the most as a prosecution is taking these cases to court -- putting on the white hat and presenting the case."

The motion also mentioned that the prosecution "prominently displayed" American flags on their lapels at jury selection. The defense asserted that the prosecution cannot turn the case into a public referendum and that the politics, popularity and persona of the prosecution team are not relevant to the facts of the case.

The withdrawn motion concluded by requesting that the judge prevent the Commonwealth from "literally or figuratively donning its white hat and draping itself in the flag."