Though Penn State safety Anthony Scirrotto's lawyer hopes to avoid trial and secure his client entrance into a first-time offender program, the county district attorney pointed out that a previous request for such a deal was rejected.
Ron McGlaughlin, Scirrotto's attorney, said both the defense and prosecution agreed not to hold Monday's jury selection for the case, but he emphasized that the final decision concerning a plea deal for his client rested with the commonwealth.
"Nothing has been definitively decided," he said, adding, "The final decision will be made by the district attorney."
Scirrotto faces felony and misdemeanor charges in connection with an altercation at a downtown apartment at Meridian II, 646 E. College Ave., last spring.
Some of the original charges were dismissed in August; however, Scirrotto still faces one felony charge of criminal trespass and a summary offense of harassment in a fight that police said involved five other Penn State football players.
Except for former defensive tackle Chris Baker's, the other players' charges have been dropped.
The State College Police Department reported that the altercation began when Scirrotto and a female friend were involved in an argument with three men downtown. Police said Scirrotto followed the men to their apartment, where the altercation occurred.
McGlaughlin said he and his client want to avoid a criminal trial and the risks associated with it.
"[Scirrotto] may be entitled to plead to a lesser offense," McGlaughlin said. "Whenever you go to trial, it's like stepping up to the craps table in Vegas. It's like rolling the dice."
He said he would like Scirrotto to be granted entrance into the Accelerated Rehabilitative Disposition (ARD) program, a rehabilitation option for first-time offenders.
The ARD program would permit Scirrotto to have his record expunged after the successful completion of a probationary period, which involves costs and classes and would result in no conviction.
Such programs are usually applied to DUI cases and lesser offenses, and the commonwealth has the ability to reject such a program for felony cases like Scirrotto's.
"That request has been made in the past and rejected," Centre County District Attorney Michael Madeira said.
Madeira said plea negotiations generally depend on the strength of the case, the likelihood of punishment and a defendant's willingness to accept responsibility, in addition to other factors.
"Some plea deals are more satisfactory to the commonwealth than others. If we come to a negotiated plea in this or any other case, it's one that we believe the facts, the evidence and the strength of the case support," Madeira said. "If I was completely dissatisfied with a deal, I wouldn't discuss it."
