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Friday, December 13, 2002
Casey cleared of charges
Associated Press
STATE COLLEGE, Pa. -- After spending five months as a
suspect in the beating of an off-duty police officer, Penn State
quarterback Rashard Casey is once again just a student-athlete.
|  | | Joe Paterno defended Rashard Casey throughout his legal ordeal. |
A grand jury in New Jersey voted Tuesday not to charge Casey in
the attack on Patrick Fitzsimmons as the officer left a Hoboken bar
in May. The grand jury did indict Casey's high school teammate,
Desmond Miller, on a charge of third-degree assault.
On Oct. 25, five newspapers reported that Casey had been
indicted, citing anonymous sources. The newspapers were the
Pittsburgh Post-Gazette, the Centre (Pa.) Daily Times, the
Philadelphia Daily News, The Patriot-News of Harrisburg, Pa., and
USA Today. The Associated Press also carried a story on Oct. 25
quoting the newspapers' accounts.
On Wednesday, The Patriot-News, without citing sources, said the
Hudson County, N.J., grand jury took a second vote Tuesday,
reversed its decision of a week earlier and absolved Casey of all
wrongdoing.
Terry Hull, first assistant prosecutor for Hudson County, was
quoted by several of the newspapers as saying that the grand jury
had met again Tuesday and deliberated further, although he would
not be specific about what it did.
"The grand jury took action last week. They took action again
today (Tuesday)," Hull told the Philadelphia Daily News. "There
was a vote last week and a vote again today (Tuesday). I can't say
what the vote was. I can say what happened today (Tuesday). Where
they were at last week, I can't say that."
Hull told the Centre Daily Times that last week, the media
reports "may or may not have been accurate."
He also told USA Today that a grand jury decision can be
reconsidered "but it has to be a special legal need to occur. Then
they must seek the approval of the assignment judge or call
additional witnesses."
Neither Casey nor coach Joe Paterno would comment Tuesday, Penn
State sports information director Jeff Nelson said.
Paterno has backed his quarterback since the beginning. Two
weeks ago, Paterno said he thought Casey was innocent and that the
case would not affect Casey's standing with the team.
"I honestly have gone with the premise that I think Rashard
didn't do it," Paterno said. "I honestly believe he didn't do
it."
University president Graham Spanier criticized journalists,
citing newspaper accounts last week that said the grand jury voted
to indict Casey.
"I think this has to go down as one of the great blunders in
Pennsylvania journalism, and I hope that the columnists and
editorial writers and reporters who put in the headlines and put in
their stories that there was an indictment will not only retract
that, but clearly set the record straight and apologize," Spanier
said.
Police said Casey punched Fitzsimmons, and that Casey and Miller
kicked Fitzsimmons repeatedly in the head after he left a bar.
Police said the men were angry that Fitzsimmons, who is white, left
the bar with a black woman.
Casey still could be called as a witness against Miller, said Ed
DeFazio, deputy first assistant prosecutor.
Spanier said the university judicial system still would look
into the case, "but given the information that we have, I would
anticipate that the matter is probably closed."
Casey's lawyer, Dennis McAlevy, said he would continue to defend
a lawsuit filed against Casey by Fitzsimmons, who seeks unspecified
financial compensation for "severe and painful injuries."
The lawyer also called the media "for the most part, absolutely
fair" in the handling of the case.
"Many times, what the media gets is correct, but sometimes it's
not," McAlevy told the Centre Daily Times. "I had heard rumblings
too, probably more than the media had."
Hoboken Police Chief Carmen LaBruno said he was "somewhat
surprised" at the grand jury's decision.
"Our system of criminal justice is such that the jury made its
decision, and I must respect that decision, but that it is
inconsistent with the facts," LaBruno said.
The chief said three eyewitnesses said they saw Casey strike the
officer.
In addition, two of Casey's friends heard him utter a racial
slur at the officer, while a third friend said Casey was involved
in a "verbal altercation" with the officer, LaBruno said.
LaBruno said it was unclear whether Fitzsimmons would be able to
return to duty.
No phone listing could be found for Miller. A message left for
his lawyer, Alfonso Robinson III, on Tuesday night was not
immediately returned.
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