Scott's attorney wants previous case introduced

October 22, 2007|By BERNARD FERNANDEZ, fernanb@phillynews.com

If John J. Karoly Jr. were a football coach instead of a lawyer, you'd have to believe his philosophy would be that the best defense is a good offense.

Karoly, the lead attorney for Penn State tailback and accused rapist Austin Scott, said he will seek to introduce into evidence the fact that Scott's accuser brought similar charges in 2003 against a Moravian College student who was later acquitted.

The next preliminary hearing for Scott at the Centre County Government Courthouse, in Bellefonte, is Nov. 15, at which time the fifth-year senior will formally enter a plea of not guilty. A trial date is expected to be set for sometime in February.

"It's not a level playing field by any means," Karoly, of Allentown, said of what he characterized as improper implementation of Pennsylvania's rape shield law to protect the identity of this particular complainant. "Austin could not bring some of his teammates to the preliminary hearing [last Wednesday] for fear that it would be seen as an attempt to intimidate the accuser. Meanwhile, she was surounded by every available resource, including victims'-rights groups and rape-crisis counselors.

"Think about it. Austin Scott's name has been in every headline. His name and face are all over the television. Yet to this day, not even from her prior case in which her allegations did not withstand scrutiny, has her name ever been published or a single photograph of her been made known."

The protection of a sexual-assault victim's identity and sexual history are integral to Pennsylvania's rape shield law, and an issue over which Karoly and his co-counsel, State College's Joe Amendola, seem likely to battle with Centre County assistant district attorney Lance Marshall, who is prosecuting the case.

In a statement released Friday, Centre County District Attorney Michael Madeira and Marshall denounced Karoly's attempt to shift the focus onto the alleged victim's past as "irrelevant" and "inflammatory."

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