The Daily Collegian Online	 - Published independently by students at Penn State NEWS
[ Thursday, April 12, 2007 ]

Witnesses say victim dealt coke

Collegian Staff Writer

The prosecution's case against accused murderer Andrew Rogers closed yesterday with witnesses' accounts that the man Rogers claims instigated the deadly fight might exist and that the victim was a drug dealer.

After the Commonwealth rested its case following three days of questioning, Centre County Judge Bradley Lunsford denied the defense's motion to acquit Rogers, saying the prosecution introduced just enough evidence to continue the trial.

Rogers is charged with first- and third-degree murder in the death of Youngcheol Park, a Penn State student, at Rogers' Nimitz Avenue house on Feb. 23, 2006.

Police said Rogers, 29, and Park, 24, were using cocaine together when a fight broke out. Rogers has said he acted in self-defense and that a third man, known only as "Sweet," started the fight. Police have not identified Sweet.

The Commonwealth, operating on the belief that Rogers killed Park without a third party present, put a witness on the stand yesterday who said Park had introduced him to a man named Sweet.

"The guy said 'Sweet. Sweet. You can call me Sweet,' " Daniel D'Ancona, 24, said about the man he met at the All-American Rath-skeller, 108 Pugh St.,

about a month before Park's death. "He was a fast-talking city type."

D'Ancona said he met both Rogers and Park during regular poker games -- where cocaine and marijuana were a normal fixture -- at his State College residence.

"At the end of January [2006], Park really changed," D'Ancona said, adding that Park was always a "clean-cut kid" before he got into drugs.

Several people told the jury yesterday that Park was a known cocaine dealer.

Robert Magee, 19, testified that he met Park through a friend about a month before Park died and the two often played video games together.

Magee said in the month or so he knew Park, he witnessed about 40 transactions of cocaine between Park and others. Magee said he often "acted as a middleman with him."

He testified that he met Park's "source" for cocaine, a large, black man called "Chiz" or "Chis." Magee said Park was very close to his cocaine source, and had talked about getting a gun from him.

"He wanted one for protection," Magee said.

In Rogers' statement to police, he said he had to knock away a gun that Park took from his bag in the middle of the melee. Rogers said he does not remember anything about the incident after "Sweet" picked up the gun and pointed it at him. Police never recovered a gun from the scene.

During cross-examination, defense attorney Deborah Lux asked State College Detective Michael T. McDannel about a large leather coat that was found at Rogers' house and taken in as evidence. Rogers has told police Sweet wore a large leather jacket that went below his waist.

Lux presented a photo of the size 4XT leather coat, and McDannel confirmed that possible fibers or hairs on the coat were never tested for DNA. There was also a plastic baggie found in the coat that contained seven epilepsy pills.

The Commonwealth rested its case at about 2:35 p.m. yesterday. It has been given the burden of proving that Rogers intentionally and maliciously killed Park.

The defense unsuccessfully argued that the murder charges be dismissed yesterday because, it said, the Commonwealth did not fulfill its burden to disprove Rogers' story. Assistant defense attorney Casey McClain argued passionately that Rogers should be acquitted.

"I hear everything you're saying, and if I was sitting in the jury, I might have a different reaction," Lunsford told McClain before denying the motion.

McClain said the prosecution "woefully failed" to disprove Rogers' statement to police and that every witness who testified for the Commonwealth corroborated Rogers' story.

Centre County Assistant District Attorney Lance Marshall said the evidence the prosecution presented showed Rogers had a guilty conscience when he made attempts to conceal his identity after the incident -- a claim Lunsford called a "weak argument."

Marshall said Rogers only used cash after the incident occurred and avoided using identification, but eventually had to use it to rent a hotel room.

Marshall also said the Commonwealth proved that Sweet does not exist. State College Detective Ralph Ralston said police worked hard to find Sweet because they had to "get to the truth...no matter if it benefited Mr. Rogers or us."


 



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