Attorneys for former convicted murderer Andrew Rogers aren't wasting any time in rebuilding their case that the State College man was forced to kill a Penn State student in self-defense.
Only eight days after a Centre County judge granted Rogers a new trial, his defense team first filed a motion attempting to discredit an expert witness and then released new information in hopes the public will help identify a suspect they say provoked the killing.
Filed Thursday by Assistant Public Defender Casey McClain, the motion states the defense "has had preliminary discussions with a forensic pathologist which have cast serious doubts about the validity of Dr. [Harry] Kamerow's opinion as well as his lack of certification as a forensic pathologist."
Kamerow testified during Rogers' 2007 trial in connection with the 2006 bludgeoning death of Penn State student Youngcheol Park. Rogers, now 31, was then convicted of third-degree murder, but that conviction was overturned earlier this month by Centre County Judge Bradley Lunsford, who granted the State College man a new trial.
Then a pathologist at Mount Nittany Medical Center, Kamerow had testified at the preliminary hearing that Rogers' account of the sequence leading to Park's death was consistent with the injuries sustained by Park, according to the motion. Rogers told police he had struck Park with a baseball bat and then knelt and choked the 24-year-old, who grasped for a nearby gun, according to court documents.
However, the motion states Kamerow reversed his opinion on the eve of the trial, telling the jury that autopsy results had discredited Rogers' version of events. The initial strike from the baseball bat, he testified at the trial, would have killed Park within seconds.
Kamerow's testimony was a blow to Roger's contention he killed Park in self-defense during a fight - a fight another man, known as "Sweet," had instigated. Now, given a second chance to make his case before the court, Public Defender David Crowley has issued an open call for help in finding the man prosecutors argued never existed.
He's looking for a white male in his early 20s with a dark or olive skin complexion, blue eyes and a full or "kind of baby face," Crowley wrote in an e-mail Thursday.
In 2006, Sweet was between 5-foot-6-inches and 5-foot-10-inches tall with short, well-groomed brown or black hair and neatly trimmed sideburns, Crowley wrote.
The man is believed to have frequented State College nightclubs in late 2005 and early 2006, to have a cocky or rude attitude and to use the greeting "How ya doin'?" Crowley wrote.
He could possibly have connections to New York and the New York City area, may wear a baseball cap tilted sideways, a Philadelphia Eagles jacket or a long dark jacket that extends past the waist and may drive a large dark sedan, Crowley wrote.
The man may also have involvement or interest in local illicit drug trade, Crowley wrote, and may go by the name "B," which may or may not stand for Brandon or Brendan.
Rogers said he had never met Sweet before that night, and District Attorney Michael Madeira said he concluded Sweet was fictitious after police were unable to locate or identify the alleged third man.
Despite questions about the existence of Sweet, Judge Bradley Lunsford ruled Dec. 10 that Rogers' will receive a new trial after it came to light that a watch once belonging to Park was purchased from a man, "B," who fit the description of Sweet.
Although Madeira expressed skepticism anyone besides Rogers was present the night of Park's death, Crowley filed a motion Dec. 11 asking police release information on all men fitting the description.
Crowley asked that anyone with information contact him at Court House Room 104, Bellefonte, Pa. or through e-mail at drcrowley@co.centre.pa.us.
