More than a year after Andrew Rogers was convicted of murdering a Penn State student, Centre County District Attorney Michael Madeira called the possibility he may receive a new trial "much ado about nothing."
On Monday, a court order determined a hearing will be held to decide if evidence that surfaced after Rogers's conviction merits a new trial.
Rogers' attorney, Deb Lux, said the District Attorney's office displayed "underhandedness" in its processing of a piece of evidence -- a watch -- that surfaced during trial.
"They were seeking the conviction whether they played by the rules or not, and clearly they didn't," she said.
Madeira said he agreed the court should be presented with the evidence and had no problem with the upcoming evidentiary hearing.
"Six months ago we agreed the court needs to hear this evidence," he said. "We want the record to be complete for the superior court."
Rogers is serving 20 to 40 years in prison after being convicted in April 2007 of third-degree murder for the February 2006 bludgeoning death of former student Youngcheol Park, according to court documents. In his statements to police and throughout the trial, Rogers maintained the fight that ended in Park's death was started by another man, known only as "Sweet." Maderia argued throughout the trial Sweet did not exist.
But in early November, police discovered Park's $5,000 Rolex watch in the possession of Philipsburg resident Ronnie Starr, who was charged Nov. 8 with receiving stolen property, according to the criminal complaint. The watch in question was stolen from Park's apartment shortly after his death and resurfaced when Starr brought it to Kranich's Jewelers in the Nittany Mall, 2901 E. College Ave., to be authenticated, according to court documents.
Madeira said he didn't present the information at trial because there was no evidence it was connected to the case.
"It's a fantasy on their part -- that because some guy's watch was stolen -- that means Sweet exists," he said.
Starr told police he bought the watch from a man called "B" who he met in a bar and whose description is similar to Rogers' original description of Sweet, according to the criminal complaint.
Lux said Starr's possession of the watch is proof Sweet exists.
"Madeira's been arguing that there was no evidence of a third person," Lux said.
The emergence of Park's watch -- possibly stolen from the murder scene -- is evidence to the contrary, she said.
After the news of Park's watch emerged, Rogers' defense attorneys petitioned for him to be released on bail pending their requests for a new trial, according to court documents. However, presiding Judge Bradley Lunsford rejected this argument in March, citing Starr's lack of credibility when interviewed by police.
"What you're asking me to do is release a convicted murderer, based on statements made by someone who no one believes," Lunsford said at Rogers' March bail hearing.
