Preliminary hearing today for Austin Scott

The suspended Penn State running back is accused of rape and other crimes.

Posted: October 17, 2007

The preliminary hearing for suspended Penn State running back Austin Scott, charged with rape and sexual assault, is set for today at 11 a.m. at the Centre County Courthouse in Bellefonte, Pa.

"If you put things in proper perspective, the odds [of dismissing the charges] are way against us," said Joseph Amendola, Scott's lawyer. "We anticipate that if [the alleged victim] testifies what she said in her deposition, charges will be held."

Scott, a redshirt senior from Allentown, was charged Friday with rape, sexual assault, and two counts of aggravated indecent assault, all felonies, after an alleged encounter with a woman in his on-campus apartment early Oct. 5.

He also has been charged with simple assault and two counts of indecent assault, all misdemeanors.

Amendola said he asked for a continuation of the preliminary hearing but was denied. Because a motion for dismissal is not usually granted in rape and sexual assault cases, Amendola said he expected Scott to stand trial.

The hearing essentially will determine if there is enough probable cause against Scott to proceed with a trial.

Scott will be present but will not speak in his defense, Amendola said. The complainant, however, will testify and will be questioned by the defense.

Assistant District Attorney Lance Marshall will handle the case for Centre County.

Amendola defended former Penn State defensive tackle Scott Paxson on an aggravated indecent assault charge in 2006, and Marshall was the prosecutor. Paxson, a Roman Catholic High graduate, pleaded no contest to a lesser summary count of disorderly conduct.

The criminal complaint against Scott is six pages long and methodically detailed.

In a statement released Friday on behalf of Scott, Amendola made reference to the victim's "troubled past."

"We have information that we don't want to release because we haven't verified it yet," Amendola said. "If proven right, it will surely cast some doubt on her credibility."

If the case is bound for trial, Amendola said he expected a date to be set in February.

At his teleconference with reporters yesterday, Penn State coach Joe Paterno declined to address Scott's status on the football team.

"You want to talk about anybody that's playing, or what?" Paterno said. "I'm not going to talk about [that]. Austin's got to work some things out."

Scott was suspended Oct. 5 for violating an unspecified team rule. His locker was cleaned out, and he has not practiced or played with the team since. His career as a Nittany Lion is more than likely over.

According to Amendola, Scott is still in school and attending classes.

Penn State spokeswoman Lisa Powers said Friday that the university's Judicial Affairs Office likely would not make a decision on Scott's future until the courts decide his fate.


Contact staff writer Jeff McLane at 215-854-4745

or jmclane@phillynews.com.

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