Uncertainty looms for former Penn State football player Austin Scott, whose trial, which was scheduled to begin yesterday, has been "stayed" indefinitely by the state Superior Court.
With only nine days left before the NFL draft -- in which Scott hopes to be taken -- the court issued the stay in response to a request by Scott's attorney to hold an emergency hearing yesterday. The request was denied, according to court documents.
Although when the trial will begin remains unclear, Centre County Judge Thomas Kistler questioned the jurors about their availability for the remainder of this week and next, which may suggest the trial will take place within that time frame.
Scott, 22, of Allentown, is accused of rape, sexual assault, simple assault and two counts of indecent assault. The charges stem from an alleged incident Oct. 5 involving a female student at his on-campus residence, according to court documents.
Scott's lawyer, John Karoly, had hoped to have the trial heard before the April 26 NFL draft, he wrote in the motion for an emergency hearing.
Scott told The Daily Collegian in March after the Penn State Pro Day that he plans to pursue his dream of playing in the NFL. Chris Lencheski, Scott's agent, said all NFL teams but one have expressed interest in Scott, and eight teams have discussed him specifically.
"He has a very good career, potentially, in the NFL," Lencheski said. "What they're waiting on is to get through the trial."
Scott, formerly a running back for the Nittany Lions, was indefinitely suspended from the football program in October for a violation of an unspecified team rule.
As jurors assembled in Courtroom One yesterday afternoon, Kistler told them he did not know when the trial would proceed.
"I can't tell you right now what we're going to do. I can't even tell you what it is that we're doing," Kistler said. "It would have been much easier if we'd started today."
The trial delay follows a series of last-minute motions instigated by Kistler's Tuesday ruling that the alleged victim's prior rape allegations are admissible in court. The Centre County District Attorney's office appealed the decision to the state Superior Court, and Scott's lawyers subsequently filed a motion to quash that appeal.
Karoly requested the emergency hearing on the matter take place yesterday, but the state Superior Court denied the request and wrote that the motion to quash the appeal will be ruled on "at a later date."
Lencheski said he recognizes the motions that need to be resolved before Scott's trial begins.
"That's the legal system," he said.
A judge in October imposed a gag order prohibiting public comment on the case by anyone.
