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Posted on August 27, 2007 1:52 AM

Five of Scirrotto's seven criminal charges dismissed by judge

One week ago, a Centre County judge dropped five of Penn State football player Anthony Scirrotto's seven criminal charges in connection with an altercation in a downtown apartment last spring.

Scirrotto's attorney, Ron McGlaughlin, said he is pleased with the dismissal of the charges.
"A significant weight has been lifted from Anthony's shoulders," he said.

A charge of burglary, two charges of criminal solicitation and two counts of simple assault were dismissed. Scirrotto, who is expected to be this year's starting safety, still faces charges of felony criminal trespass and a summary harassment offense.

Others charged along with Scirrotto were Penn State football players Christopher Baker, Jerome Hayes, Justin King, Tyrell Sales and Lydell Sargeant. All charges against Hayes, King, Sales and Sargeant have since been dropped.

Scirrotto and Baker were temporarily expelled by Judicial Affairs this summer; however, they were allowed to take part in preseason practices, which began Aug. 6.

Baker, a redshirt sophomore defensive tackle, still faces charges of criminal trespass, harassment, simple assault, criminal mischief and disorderly conduct.

On Thursday, Baker's attorney, Karen Muir, motioned for the defense to turn over police notes, Judicial Affairs records, Sargeant's cell phone records and the criminal histories of the defense witnesses, which includes the apartment's residents.

Judge David E. Grine ordered the commonwealth to turn over all records to the defense within five days.

The State College Police Department reported that the altercation began when Scirrotto and a female friend, Rachel Prinz, were involved in an argument with three men on the corner of College Avenue and High Street. Scirrotto then followed the men to a third-floor apartment in Meridian II, 646 E. College Ave., where he was denied entrance.

Both State College Police Detective Steve Bosak and Scirrotto's friend, Andrew Gross, testified that Scirrotto then placed a call on his cell phone, but neither Gross nor Bosak could say whom he called, according to court documents.

Police said Scirrotto reported that numerous football players arrived after he made the phone call, but the dismissal of the criminal solicitation charges by Centre County Judge Charles C. Brown Jr. does not make a connection between the two events.

However, court documents state that "neither witness knew what [the] defendant said to the phone call recipient, much less that [the] defendant solicited the recipient or others to commit any crimes."

Scirrotto told police he later entered the Meridian apartment, but Brown's order dismisses the burglary charge by stating that "no evidence was presented at the preliminary hearing to demonstrate that the defendant entered the subject's apartment with the intent to commit a crime therein."

Brown also said the evidence presented by the commonwealth placing Scirrotto in the apartment was "limited."

Scirrotto's charges were dismissed by Brown because "the commonwealth did not provide sufficient evidence at the preliminary hearing" to warrant burglary, criminal solicitation or simple assault charges.

Brown said he did not consider dropping the harassment charge because it is a lesser summary offense, not a misdemeanor or felony.

Scirrotto and Baker are scheduled to go to trial in October.

McGlaughlin, Scirrotto's attorney, said he would first like to talk to Centre County District Attorney Michael Madeira in hopes of resolving the case before it goes to trial. Madeira could not be reached for comment.

McGlaughlin added that he wants to meet with Scirrotto personally "to discuss potential dispositions of the remaining charges."

"We have a number of options," he said. "We have to see where this is headed."



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