Post by sclcookie on Jun 2, 2006 0:30:40 GMT -5
Rogers facing lighter sentence
Murder defendant Andrew Rogers no longer has a death sentence hanging over
his head if he is convicted of beating a Penn State student to death -- at
least for now.
Centre County Judge Bradley P. Lunsford ruled Tuesday, after a 20-minute
hearing, that the commonwealth had not offered any proof that Rogers
intended to rob Youngcheol Park before killing him and dismissed a charge
of 2nd-degree murder and 2 counts of robbery.
In so doing, Lunsford eliminated the "aggravating circumstance" that is
required for the prosecution to seek the death penalty -- in this case,
that the murder occurred during the commission of another felony, a
robbery.
"It is the commonwealth's duty to convince me there was intent to rob the
victim prior to or during the killing, and I do not see it," Lunsford
said, as Rogers, dressed in orange Centre County Correctional Facility
garb, looked to his 2 public defenders for explanation.
Rogers is arguing through his attorneys that he killed Park in
self-defense during a fight in Rogers' 224 Nimitz Ave. home on Feb. 23.
"It's just a first step," Assistant Public Defender Casey McClain said.
"We have a long way to go to vindicate Andrew. But this is an important
first step."
Rogers still faces charges of 1st-degree murder, which could carry a
sentence of life in prison, and 3rd-degree murder.
The Centre County Public Defender's Office now will file a motion to quash
the aggravating factor and take the death penalty off the table, McClain
said.
But Centre County District Attorney Michael Madeira said evidence still is
being gathered, including analysis of fingerprints and blood splatters in
Rogers' home. Prosecutors may refile notification of aggravating
circumstances at a later date and again seek a death sentence, should
evidence merit the penalty, Madeira said.
"I'm not putting that to rest at this point," Madeira said of a possible
death sentence. "It would be my plan to pursue (the death penalty) if I
can supply the required aggravating circumstances. That could happen."
One of the 18 "aggravating factors" required by law before a death penalty
can be pursued is torture.
Police and Madeira said they found a horrific, blood-splattered scene
inside Rogers' home. Evidence suggests Park still was being beaten when he
clearly could no longer defend himself, court documents indicate.
Madeira argued to Lunsford on Tuesday that after Park died, Rogers stole
$250 from his pocket and stole cocaine from Park's bookbag before fleeing.
"If he wanted cocaine, if he wanted money, he was going to get it from
(Park)," Madeira said. "And the only way to get it was to take it."
McClain countered by arguing the fight was so brutal and bloody --
involving multiple weapons -- because his client was fighting for his life
against Park and an individual Rogers can identify only as "Sweet."
Police and prosecutors say Rogers, 28, beat Park, 24, with beer bottles, a
rolling pin and a baseball bat.
Rogers told police that Park came to his home the night of Feb. 23 with
"Sweet," according to court documents. He told police "Sweet" wanted him
to buy cocaine from Park, who Rogers said was a known drug dealer.
According to court records, Rogers told police the fight began when he
found "Sweet" looking at cash Rogers had in his home. During the ensuing
fight, Park or "Sweet" tried pulling a garbage bag over Rogers' head and
Rogers fought back, reaching for any weapon he could find, according to
his statements to police.
Police say they have pursued numerous leads and have been unable to locate
"Sweet."
At one point, Rogers told police that "Sweet" pulled a gun from Park's
backpack and pointed it at him. Rogers told police he remembers nothing
else until he awoke, found Park dead, took his wallet and fled.
5 days later, he surrendered to the Uniontown Police Department.
(source: Centre Daily Times)
Murder defendant Andrew Rogers no longer has a death sentence hanging over
his head if he is convicted of beating a Penn State student to death -- at
least for now.
Centre County Judge Bradley P. Lunsford ruled Tuesday, after a 20-minute
hearing, that the commonwealth had not offered any proof that Rogers
intended to rob Youngcheol Park before killing him and dismissed a charge
of 2nd-degree murder and 2 counts of robbery.
In so doing, Lunsford eliminated the "aggravating circumstance" that is
required for the prosecution to seek the death penalty -- in this case,
that the murder occurred during the commission of another felony, a
robbery.
"It is the commonwealth's duty to convince me there was intent to rob the
victim prior to or during the killing, and I do not see it," Lunsford
said, as Rogers, dressed in orange Centre County Correctional Facility
garb, looked to his 2 public defenders for explanation.
Rogers is arguing through his attorneys that he killed Park in
self-defense during a fight in Rogers' 224 Nimitz Ave. home on Feb. 23.
"It's just a first step," Assistant Public Defender Casey McClain said.
"We have a long way to go to vindicate Andrew. But this is an important
first step."
Rogers still faces charges of 1st-degree murder, which could carry a
sentence of life in prison, and 3rd-degree murder.
The Centre County Public Defender's Office now will file a motion to quash
the aggravating factor and take the death penalty off the table, McClain
said.
But Centre County District Attorney Michael Madeira said evidence still is
being gathered, including analysis of fingerprints and blood splatters in
Rogers' home. Prosecutors may refile notification of aggravating
circumstances at a later date and again seek a death sentence, should
evidence merit the penalty, Madeira said.
"I'm not putting that to rest at this point," Madeira said of a possible
death sentence. "It would be my plan to pursue (the death penalty) if I
can supply the required aggravating circumstances. That could happen."
One of the 18 "aggravating factors" required by law before a death penalty
can be pursued is torture.
Police and Madeira said they found a horrific, blood-splattered scene
inside Rogers' home. Evidence suggests Park still was being beaten when he
clearly could no longer defend himself, court documents indicate.
Madeira argued to Lunsford on Tuesday that after Park died, Rogers stole
$250 from his pocket and stole cocaine from Park's bookbag before fleeing.
"If he wanted cocaine, if he wanted money, he was going to get it from
(Park)," Madeira said. "And the only way to get it was to take it."
McClain countered by arguing the fight was so brutal and bloody --
involving multiple weapons -- because his client was fighting for his life
against Park and an individual Rogers can identify only as "Sweet."
Police and prosecutors say Rogers, 28, beat Park, 24, with beer bottles, a
rolling pin and a baseball bat.
Rogers told police that Park came to his home the night of Feb. 23 with
"Sweet," according to court documents. He told police "Sweet" wanted him
to buy cocaine from Park, who Rogers said was a known drug dealer.
According to court records, Rogers told police the fight began when he
found "Sweet" looking at cash Rogers had in his home. During the ensuing
fight, Park or "Sweet" tried pulling a garbage bag over Rogers' head and
Rogers fought back, reaching for any weapon he could find, according to
his statements to police.
Police say they have pursued numerous leads and have been unable to locate
"Sweet."
At one point, Rogers told police that "Sweet" pulled a gun from Park's
backpack and pointed it at him. Rogers told police he remembers nothing
else until he awoke, found Park dead, took his wallet and fled.
5 days later, he surrendered to the Uniontown Police Department.
(source: Centre Daily Times)