By Collegian Staff Writers
The attorney for a Penn State football player accused of burglary and assault at an off-campus party last month said yesterday that witnesses may have misidentified his client to police, which he said could have led to improper charges.
"There's a lot of room for misidentification when you have a brawl of that size, especially in a small area like an apartment," said the attorney, Joseph Amendola, who represents defensive tackle Chris Baker.
Baker was arrested Friday along with five other Penn State football players in connection with a fight in a third-floor Meridian II apartment, 646 E. College Ave., in the early-morning hours of April 1.
Baker is charged with burglary, criminal trespass, simple assault, criminal mischief, disorderly conduct and harassment. Safety Anthony Scirrotto is charged with burglary, criminal trespass, simple assault, harassment and two counts of criminal solicitation. Four players face charges of criminal trespass, disorderly conduct and harassment -- cornerbacks Justin King and Lydell Sargeant and linebackers Jerome Hayes and Tyrell Sales.
Two Penn State students who were present at
the alleged fight told police that Baker was in the apartment and "being very aggressive," according to a criminal complaint. One witness told police that Baker pushed him back and then punched other people in the face, according to the complaint.
A preliminary hearing is scheduled for tomorrow at the Centre County Courthouse in Bellefonte. Amendola said he wanted to see what witnesses said about Baker, then cross-examine them.
Subpoenas were issued for 40 individuals to testify at the hearing. It is not clear how many were present at the party.
"[Baker] is denying that he hit anybody," Amendola said.
Baker has not yet been called into the university's office of Judicial Affairs to be questioned about the incident, Amendola said, though he anticipates that will happen at some point.
Judicial Affairs will investigate the case, said Penn State spokesman Bill Mahon, but he declined to give any details about the office's investigation, citing a federal law that prevents the university from releasing certain information about students.
"This is going to take some time to go through," Mahon said. "We're not giving an update on where we stand from one day to the next."
The attorney for King and Hayes, Ron McGlaughlin, has also disputed charges against his clients -- saying that King and Hayes did not hurt or threaten anyone during the alleged fight.
McGlaughlin said Monday that the criminal complaint contains unreliable testimony from witnesses who were present at a party with little lighting and the presence of alcohol.
Amendola said Baker told him that he only went into the apartment to prevent fights from breaking out.
"There's an interesting difference in perspective in terms of what these young men went there to do," Amendola said. "We'll start sorting that out on Friday."
