In an unusual move, Raspanti's attorneys are seeking to have the case moved out of Centre County, where the main campus is located. They contend that community bias against the carousing student body is so intense that an impartial jury cannot be found in the county, rendering a fair trial impossible. A hearing is set for Tuesday before Centre County President Judge David E. Grine.
Penn State's late-night, alcohol-infused extracurriculars are no secret. This year, Playboy ranked it as the number-two party school in the nation. The Princeton Review rated it the number-one party school in 2009, but since dropped it to third place.
True, some State College residents do take a dim view of Penn State's wild streak, said Borough Manager Thomas J. Fountaine II.
"There are certainly some of the normal town-gown tensions that you find in any college town," Fountaine said. But the locals, he added, also appreciate the energy and excitement that 40,000 young people bring to the community. "I don't know that I would say there's widespread bias against students."
In asking that the trial be moved, Raspanti's attorneys, Michael T. Sellers and Cliff Bidlingmaier, cited the campus' party-hearty culture and asserted that the resulting animosity "precludes a fair and impartial trial" in Centre County.
The request is unusual, legal scholars say, because such motions typically are made by defendants in high-profile criminal cases, not plaintiffs in civil cases. To prevail, his attorneys will have to present compelling evidence that the entire county populace, not just State College, is biased against students.
Sellers declined to discuss what evidence he intends to present at Tuesday's hearing, except to say it will prove the need to move the trial.