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Updated: 1:36 p.m. Tuesday, March 30, 2010 | Posted: 1:17 p.m. Tuesday, March 30, 2010
The evidence was a point of contention between Blair County prosecutors and Sean Allen's defense attorneys.
A judge ruled Tuesday that jurors can hear what both sides are calling a "sexual event." However, why the testimony is so pertinent to the prosecution's case is still unclear and the judge sealed the documents of his ruling.
Allen is charged with criminal homicide but not with any sexually-related offenses. Prosecutors maintain Allen strangled Maggie Davis, who was a student at the Penn State-Altoona campus at the time of her death last year.
Police said Allen and Davis knew each other and went to high school together. They said cell phone records indicate Davis and Allen spoke with each other the day she died.
Last year, Davis' friends and family alerted police to her disappearance after they didn't hear from her. Davis' body was found a short time later in the trunk of her car, not far from where Allen lived on Lower Brush Mountain Road.
Prosecutors said they're ready to choose 12 impartial jurors and two alternates from a pool of 500 Blair County residents. But when jury selection begins Wednesday, the defense maintains that potential jurors will be biased because of the attention the case has drawn over the past year.
If a jury is not selected in Blair County, the trial could be delayed for months so the process can begin for a new jury to be chosen from outside of Blair County. At present, testimony is scheduled to begin Monday.
Allen's defense attorney, Steve Passerello, said his client is nervous but anxious to move forward with the proceedings. Allen has no prior criminal history and has always maintained his innocence.
Stay with WJACTV.com and WJAC-TV News for continuing coverage.
Previous Stories: March 11, 2010: Man Accused Of Killing Penn State-Altoona Coed Wants Evidence Left Out Of Trial May 22, 2009: Man Pleads Not Guilty To Killing Penn State Student March 5, 2009: Man Arrested In Connection With Penn State Student's Death
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