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Subscribe to RSSJerry Sandusky waived his preliminary hearing Tuesday in a surprise decision that moves him toward a trial. NBC's Michael Isikoff has more.
Will he plead guilty? Will he go to trial?
Legal experts and observers were left guessing Tuesday after Former Penn State football assistant coach Jerry Sandusky waived a preliminary hearing in his sex-abuse trial.
The move is raising some perplexing questions about his legal strategy.
Criminal-defense attorneys not connected with the case say it’s highly unusual for a defense attorney to waive the hearing if the case is going to trial. One major reason for doing so would be if there’s a plea deal in the works.
“I can’t speak for him (Sandusky’s lawyer), but if it’s going to trial … I’m having a (preliminary) hearing,” says John Kusturiss, a Pennsylvania criminal defense lawyer and former assistant district attorney who has handled hundreds of criminal cases. “Conversely, if I think I’m going to plea, there have been many I’ve waived.”
But both sides in the Sandusky case say there have been no plea negotiations.
“It’s actually quite confusing in my opinion,” Pennsylvania defense attorney Michael J. Malloy told msnbc.com.
“Typically it would be a sign that there’s a plea deal going on, but the attorney general has said there are no indications a deal is going on. Secondly, the defense attorney said they were getting ready to go to trial,” said Malloy, who has tried more than 100 jury trials, including sex assault cases, in state and federal courts.
Joseph Amendola, Sandusky's defense attorney, says there will be no plea negotiations. "This is a fight to the death," he told reporters.
Amendola called the cancellation of Tuesday's hearing a "tactical decision" to prevent the accusers from reiterating the same claims they made to the grand jury.
Senior Deputy Attorney General E. Marc Costanzo also said there had been no discussions about a plea bargain. He said the move to waive the hearing "provides maximum protection to most importantly the victims in this case."
"It avoids their having to testify for a second time," Costanzo told reporters. "They will of course testify at a trial in the case."
A preliminary hearing would have allowed Sandusky’s legal team to see and evaluate Sandusky’s accusers face to face. Defense lawyers use what’s gleaned from the hearing to prepare for trial. They look for inconsistencies in what’s said by the accusers at the preliminary hearing versus what’s said at trial.
In a preliminary hearing, a defense attorney can find out “how sympathetic a witness is, how good a witness is. You don’t know that when you hear them testify for the first time (at trial),” Kusturiss said.
“You have the advantage of listening to the victims testify, which I would think you would want to take advantage of if you went to trial, for any possible inconsistencies as well as help prepare your defense,” said defense attorney Scott Galloway.
By waiving the hearing, "you give up all that info," Malloy says.
“It’s more confusing than anything. It’s nothing that I’ve seen. I don’t really understand it. The general rule of thumb is, if you’re going to go to trial you definitely should have a preliminary hearing.”
Sandusky, 67, has maintained his innocence on 52 charges of molesting 10 boys over more than a decade. Sandusky told reporters as he left the courthouse that he would "stay the course, to fight for four quarters" and "wait for the opportunity to present our side."
Sandusky also will waive his arraignment, which had been scheduled for Jan. 11, Amendola said. He remains under house arrest.
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I think that all Sandusky's legal team is worried about is stopping all those boys from talking. The LAST thing Sandusky wants anyone to know is what exactly he did with those boys. The strategy is called a "cover up."
He isn't living in the real world, though he may be hoping that this will go away, sorta like the DA that went missing. he just needs to take his own life and let these young men go on with their lives and end this circus.
I don't know, I think Sandusky has already justified his behavior to himself and his wife.
This should not be about "strategy," but about truth and justice.
I hope that the descriptions of Dante's Inferno are mere preschool versions of what this man suffers.
notsostraight: Do you really believe all eight of these men were coerced by their mothers to falsely testify against Sandusky? That's one heck of a conspiracy theory. The Eve Syndrome? Please define.
you are correct on that girl. i agree 100% with that logic. i also believe this guy is so sick that he believes himself to be innocent. to get it straight2... f*&king 12 year old boys in the shower and getting caught while doing the deed by the other scumbag who didn't say anything so as to protect his job and the school and later saying years later he should not have taken showers with 12 year olds as it was a mistake. who did you work for , the daffy duck detective agency?
Getitstraight2-I agree with you. He did not rape a single boy. Money-Money-Money. With the way of the world we will see more of this to get money. It's now coming out that he was never seen at all doing what the red hair guy from Penn state is accused as saying. This is a mess of lies.
@getitstraight: " God invented the name "bitches"."
That's a new one to me. Could you cite the Book and verse?
"Stand up and be counted as a man & protect your children from EVERYONE!"
To start with, children need to be protected from people like you.
Sounds like you pulled this Eve Syndrome crap from Sandusky's favorite orifice.
Getitstraight2: I don't know if Sardusky is innocent or guilty. However, I do know that the accusations against him and the Syracuse coach has impact the way my friend and I work with our little brother and sister in the Big Brother/Big Sister organization. It is unfortunate, for now we no longer have overnight guests because we are too afraid of being falsely accused. People are desperate and would do anything for money, including ruining the reputation of others. Again, I am not saying Sardusky is innocent; I am merely saying that the accusations are changing the way we interact with kids. I have essentially adopted the same policy I use for my students (if I am meeting with a student my office door stays open - no ifs, ands or buts).
Getitstraight2 -Wow - that is the most twisted interpretation of Genesis I've ever heard. Did your Pastor explain the part about Eve was deceived, but Adam made a choice when he clearly knew what he was doing was wrong? and both were held accountable (and endured the consequences) for their choices? Did you miss that part about Christ-like love and being willing to give your life for your spouse?
Humans do a lot of hateful, deceitful, perverse and vicious things, but to dismiss all of the claims in this cases as "gold-digging" defies logic.
Your hate-filled rant sounds like a desparately hurt person who has allowed bitterness to twist your heart and mind. Please don't twist the Scriptural teachings to justify your hate and control - I hope you rediscover the gifts of forgiveness, love and peace.
@rustyautumn directed to getitstraight:
"Your hate-filled rant sounds like a desparately hurt person who has allowed bitterness to twist your heart and mind. Please don't twist the Scriptural teachings to justify your hate and control - I hope you rediscover the gifts of forgiveness, love and peace."
Well said and very much worth repeating.
getitstraight.....Were you there?
Brilliant legal strategy.
Gets on several talk shows touting his innocence. Use wife as a mouth piece to proclaim innocence. Avoid preliminary hearing basically muting his accusers. Get on several more talk shows and news columns repeating his innocence. Send wife on trip to see the grandkids and then locks himself in the garage with a running car. Family cries innocence and persecution at the funeral and history never gets the truth.
Well said, rustyautumn & RevSpinnaker!
You're not serious?--I hope not.
I will reserve judgement until all the facts are in. Right now too many people are speculating and declaring Sandusky guilty when they have not seen or heard on single piece of evidence other than the self serving statements of McQueary and the accusations of the supposed victims. I do not believe a word that comes out of McQueary's mouth since he has changed his story several times. As for the supposed victims, all I have to do is think about the big McMartin daycare scandal out here in CA where it turned out that there was absolutely no evidence that anything untoward happened and all the charges were dropped after it was confirmed that several of the accusers had been coached and made up their stories, calling the entire thing into doubt. These things have a way of snowballing as people see dollar signs and start shouting me too so that they can get their cut of the money. I am not saying that Sandusky is innocent or that he showed the best judgement in the world, but I have also not seen anything that proves he is guilty of the charges either. In this country you are supposed to be innocent until proven guilty, so let's all keep that in mind before passing judgement.
getitstraight - you just became a viner last month and every one of your posts are on this story. you must really be a fan of his. interesting...a lot more interesting than your rants about $$$. if it was one boy, maybe but this isn't the first time accusations have come up against him and look at how many there are. sorry, but i don't buy your conspiracy story any more than i buy sandusky's innocence. a prosecutor is going to want a whole lot more from their witnesses than just an accusation.
this is a rape case and it will be dissected like a high school biology experiment and laid out for everyone to see. how much money is that worth??? talk to a rape victim sometime. no amount would ever be worth that terrible event. and look at all this has cost...way beyond $$$ and it's far from over.
I think Sandusky is thinking of offing himself. Maybe he's only told his attorney that he won't be going to trial. The attorney would have to abide by the wishes of his client, even if against the judgement of councel. I'd put the guy on suicide watch.
I say he should get lashes when guilty, like his cousins in the middle east!
Getitstraight- either the most fantastic troll ever invented or quite possibly the most delusional wanna be woman hating pedophile that the planet has produced. I'm going to guess the latter, probably a fan of NAMBLA... quite possibly may store some illicit images on their PC to peruse while posting unrequited love for Sandusky...
Just yanno. Sayin that's how it looks.
How many boys was it? Eight? Something like that, yes. Eight children got together, spoke about how they were going to plot revenge against one man because their mothers told them to, but wait. There's more! They were going to wait a decade or two before revealing their dastardly plan! In that time they held secret meetings to concoct stories, wild allegations and possibly harm each other as proof.
Yes, that makes TOTAL sense to me.
When can we start gene testing to see who's inbred on this planet? Because I highly suspect getitright's gene pools a tad on the shallow end.
getitstraight2 banned, flameout, calling everyone 'ignorant' and 'pussy whipped'.
I don't have any idea of guilt or innocence here. However, the legal "tactic" of waiving a preliminary hearing is no mystery, and certainly shouldn't be a mystery to a defense attorney. The details of the charges are recited at trial, and the victims tell a truncated version of their harrowing tales. No defense attorney worth his salt would want those details floating around in the heads of a JURY POOL. Good move, smart defense. The rest of the "experts" need to go back to law school.
I'm not surprised. Why would anyone else be surprised? Ofcourse he's going to go to trial. He's not going to plea deal with anyone. He's been tried in the court of public opinion. Now he wants his day in court and he wants his accusers to step forward and make their case with proof or a very convincing arguement.
I'm betting that Sandusky and his lawyer are thinking the money grabbers, not those who really have been accosted, will not want to testify at the risk of not getting anything in settlement if they can't convince a jury in a courtroom. And it may be that some may not want to go to trial to testify anyway. I don't see what Sandusky has to lose with this approach. It would appear that he's going to go to jail anyway... even with a plea deal... probably for the rest of his life. So I think this is all about "calling out" his accusers to convince a jury. And I suspect some accusers will not win settlements in a courtroom. This WILL be an interesting trial. I expect that Penn State will be anxious to settle out of court. And I am guessing that some of the accusers are going to go with better odds for a settlement out of court.
Your argument bears no weight. From a legal defense standpoint, it's almost inexcusable to waive a prelim if there is intent to go to trial, especially in such a high profile case. The defense team loses so much from a strategic standpoint, it's almost borderline incompetence on the part of counsel. In essence, they've given up their best chance to hear testimony under sworn testimony and to develop rebuttals. I'm not talking the court of public opinion; the obligation of the defense to mount the best possible legal defense of the accused is what's at stake. The appeals after this case, assuming counsel is retained, should be very interesting.
What makes you the damn expert on his innocence, you must be a molester also, pretty damn weird of you to defend the guy so much. If and when he goes to prison the inmates will have alot of fun with a child molester.
Johnva... I suppose you are either an attorney or law student. I didn't dream up my response. Its actually a perspective that gained some airtime today. I thought it made sense... perhaps not in the traditional legal methodology.
getitstraight: You know so much about the Bible, so you must know what sodomy is. Do you really see no difference between hugging a child and sodomizing them? If not, it's no wonder you are convinced Sandusky is innocent.
All the more reason to keep children away from you.
I am convinced that Sandusky is guilty. What I am unconvinced of is how come so many of you make judgment calls on people whom you don't know from Adam.
Please, keep personal judgments of other 'Viners' opinions to yourselves...
As for Sandusky--I surely hope he rots. The fact that his lawyers waived the prelim... it leads me to believe they're hoping for a plea offer from the state--which isn't likely, given the number of victims that have come forward.
Sandusky is an abusing coward. I think he is a danger to children and should be confined while he awaits trail. He should not be out on bail. But....I'm not the judge in court...
Sandusky is on house arrest. That's something, anyway.
For what it's worth--Sandusky allegedly abused many of his victims in the basement of his own house.
So, we had to listen to his clown of a lawyer talk tough about how he was looking forward to grilling the accusers etc, and then he chickens out without so much as a squeak. Maybe he was smart enough to realize that arrogant defiance got penn State nowhere and it won;t do anything positive for him either. Of course there will be a plea bargain, they aren;t stupid enough to go to trial, they're just going to play delay tactics now to stretch out the time before Sandusky goes to jail. This is nothing new, deny deny deny, then start admitting only what they think can be proven, then a guilty plea with the lawyer explaining how his client is really innocoent but wouldn;t egt a fair trial blah blah blah. It would be funny if they really tried the ol fight to the death game though, I'm sure Mr. Sandusky doesn;t realize how much money would be made if they held a lottery to see who gets to pull the switch on his sorry butt.
Disgusted: the strategy is honestly puzzling to me. At a prelim, you get to catch inconsistent statements that you, as a defense attorney, can point out during trial.
It seems to me that Sandusky is hoping for a plea, and right now, one has not been forthcoming. And of course, his legal team is scrambling...
I feel for the kids--they're the only party not at fault in any of this...
Ramses should be showing up soon.He always does to defend his mentor Sandusky!
The dumbest thing Sandusky's lawyer could have done is have him attend a preliminary hearing where the jury pool would hear all the dirty and disgusting details of what this creep committed . Those will come at the trial anyway.
Wrong. The worst thing Sandusky's lawyer could have done is to waive the prelim if there is intent to go to trial. The press is not explaining the purpose of perlims very well or people just don't understand them.
At least not having this hearing saved taxpayer dollars! It's his choice.
You better believe Penn State wants to settle, probably with a non-disclosure agreement added. Who knows how many of these boys went to the Penn State officials and were ignored.
I still can't believe that Paterno and these people did nothing. Can't have anything disrupting football now can we?
I think Sandusky is just petrified to face his accusers. They're not innocent manipulable boys anymore, they're not his victims and they've found their voice.
I agree. I think he walked into that courtroom and the cold hand of reality slapped him in the face. No more excuses, no one to cover up his crimes and the world's worst lawyer to defend him. I think he'll claim no contest and cop a plea.
Very true...excellent description and overall comment.
Well said, kelkeagy!
I suspect that the purpose was to avoid giving "support" to other victims. If there had been a preliminary hearing others might come out of the woodwork, and that implies that Sandusky's attorney is aware that he is facing the 'tip of the ice burg' and wants to avoid an avalanche of additional complaints.
In listening to him talk on those interviews and now knowing a little more of his mind- I agree.
His words- "in my mind I did nothing wrong". Why would a normal person use phrasing like that unless there was something going on that is considered taboo or worse?
These kinds of people are Sociopaths. They are narcissists as well (a narcissist is a sociopath in training). They "feed" on innocents in society, either sexually, financially, or in power/control. They get off on it. And in their own eyes, they can do no wrong (the narcissist part of them). Many politicians are narcissists and sociopaths, and guess what, many lawyers. In fact, I would say the present Congress has more sociopaths than ever. They are actually getting off on what they have done to our nation, in a similar way this sicko got off on what he did. And remember, they can do no wrong, really. They see us as the "weak", the "prey", the reward for how great and powerful they are. Clean 'em out of colleges...and Congress.
He has already admitted to exposing himself to children in showers...isn't that a felony?
Slam dunk!...Touchdown!..ya think? (horsing around, my ass)
There is too much going on here with the death of Ray Gricar the DA who "disappeared". I wouldn't be surprised if something happens to Sandusky. It would not surprise me if he is murdered, yet call it an accident, suicide, whatever you choose. If it were only the sexual accusations, one thing - but I believe too much has been covered over, and too many people involved.
With Gricar I thought it a foregone conclusion when it was stated: We'll never know what was on his computer. Really? You mean he was the only person in the office, there were no others. He discussed nothing with anyone. There were no connections between staff in his office and Penn State. No, Sandusky will not be around for one reason or another, and he's not taking the fall by himself.
About half of these cases waive preliminary hearing. No big deal.
Because most of them are working plea deals. If so, it makes sense. If there is no intent for a plea deal on the part of the defense, it makes no sense for the defense to waive a prelim.
Hey, he may like prison ! Soap, showers ! Wooooo Hoooo !
Only if it's a juvenile detention center. Prison with big boys,not so much!
He'll just find the younger pretty ones to soap up with. You know the barely over 18 types with boyish faces.
CaerRaven, they're all taken by much tougher guys than this buffoon.
Lets find out the facts, wherever it leads. Give all involved lie detector tests, tests are proven to be 99.9% accurate, and he said, they said, is 50/50 at best. And, save the tax payers millions of dollars.
If he is guilty of liking little fat boys, lock him up!!!!!!!!!! If the boys are lieing, lock them up!!!!!!!!!!!! And, if their lawyers are ambulance chasing, well-------.
Or, do we want to know the truth??????????????????
"Lie detectors" have proven to be right about 50% of the time. In other words, just as good as a coin toss. Junk science.
Lie detectors are accurate for people who have a conscious. They don't give accurate results for sociopaths who only think about themselves and have absolutely no guilt about anything they have done to others. Sandusky is a pedophile sociopath. He feel absolutely no guilt about what he did to any of those boys. There are probably more boys that have not come forward.
Sandusky should spend the rest of his life in general population prison. His wife should go to prison too for aiding and abetting her husband.
Here we go again, Frank. For the third time, I've responded to your comments about locking people up who fail a lie detector test. It is illegal, can't be done. There has to be more evidence than a lie detector test result. So, why do you keep harping on that as the solution?
sandusky needs a hug...
plain bob.... thats what got him in trouble.
From a big beefy guy named Bubba. While alone. IN the showers.
Waiving a preliminary hearing couldn't possibly be about Jerry's sudden concern for the feelings of his victims-if he had any, he wouldn't have molested them in the first place... I think his lawyer is an idiot, and if Sandusky thinks he's going to get a retrial years later on the basis of incompetent counsel, good luck. Even sleeping attorneys have been declared competent by appellate courts... Sandusky needs to take whatever plea deal they give him, with no less than twenty-five years jail time, or risk a lot more from a pissed off jury. And his time should be spent in General Population-child molesters always do well in American Jails...
Why do you talk that way be for he is found guilty? even if he was guilty he should be locked up , trying to have him suffer sex abuse in prison is a criminal act in itself;
If he pleads not guilty should he still be under house arrest, the law says you are innocent until proved guilty; just asking?
Dale, most people in his situation would have to wait IN JAIL for their trial, even though they are considered innocent until proven guilty. JUST IN CASE the charges are true, you don't want to take the chance of these people fleeing or committing more crimes while they await their trial. You have to take some measure to protect society.
if he did it....fry him....or let "bubba" get him...and the others that knew and didn't report it or tried to hide it
Sandusky knows everyone of these young men; Im sure they have statements from all who are making a complaint, having a preliminary trail would be like them rehearsing be for the trial, even if only two of them are trying to make money, and were never involved it would be good for a jury trial, even if one were found to be lying, and there are no eye witnesses to anything, it could raise doubts! I think it would be a better defence to have them testify without the rehearsal!!!
One thing I think about is that no one did anything to keep him separated from the young men, even after complaints were taken, I'm not saying he is or is not guilty we will see what goes down at the trial!!!
Sandusky, Joepa and all the other people, who allowed this raping of children, should have their day in court. Let them all be "exposed", for not only for letting Sandusky, to molest child after child, but also, show that blind faith and ambition, can lead to destruction. I question the idolizing of Joe Paterno and his minions, just because he was a winning coach. Does coaching a winning football team, make a person more valuable than a surgeon, a fireman, a nurses? Hardly!
I realize it is ALWAYS about the money. It is the same with politics, Hollywood celebrities or any other "personalities, who bring in the big bucks. Sandusky, Paterno, Charlie Sheen, Paris Hilton and all the hyped-up stars, who portray bad behavior and get away with it. They all have handlers and attorneys, who seem to miraculously, make their clients, go from a misfit of nature, to a sainted, misunderstood victim.
The public needs to stop buying magazines and filthy rags, that show every movement, these over paid, over exposed, "celebrities" receive. They are humans, just like the rest of us. When their mistakes and misbehavior's, are plastered all over the news, it is considered cute.
Sandusky needs to face his accusers and then receive the punishment his deserves. As for the Paterno's of this world, they need to do the job they were hired to do and leave the "kissing of the ring" to the Pope. By the way, I do not think that should be a custom either. No man is better that another.
The world does need anymore "idols"! What we need is more exceptional humans, who do not expect a ticker tape parade, every time they do what right.
I will reserve my thoughts until they prove or disprove the charges, so far he is saying he did not do this it should all come out at the trial!!!
Penn State is paying everyone to shut up. They are also paying for Sandusky's legal defense. He is going to get off without any punishment because Penn State paid all the victims off to shut up so they can stop all the bad press about Penn State and to cover up the role of Penn State and Joe Paterno had in helping Sandusky get victims.
Penn State is NOT paying his legal fees. Totally incorrect information. However, Penn State initially said they would be paying the legal fees of Schultz and Curley since they were acting as university officials at the time. But this may have (and should!) changed due to public outrage. But they are not paying Sandusky's at all.
Where did you come up with PSU paying Sandusky's legal fees? Your statement warrants proof...
there's been no proof of that. It actually sounds more like PSU is trying it's hardest to put themselves as far from this as possible.
They waived the hearing because they don't want the whole world to see how this whole town makes goo goo eyes at little boys. Retard Sadoofsky would probably grin from ear to ear at them through the whole thing while he, the judge, the DA, and everyone but the boy's parents all play with themselves under the tables.
Four quarters? Jerry's just confused. That's what he used to give little underprivileged boys for arcade games before he brought them home for arcane games.
Getitstraight2: What you have written to RevSpinnaker is inappropriate and, well, sort of silly. YOU need to read the Bible (and you can't spell either). But I agree with your initial take on this. I, too, believe Mr. Sandusky is innocent, and that all of this is about money and, in the looooooong run, the destruction of goodness. If he were truly ill in this way, something would have come out years ago. Give me a break--he would have been gotten rid of quickly and quietly with payoffs for victims not to talk about it. It's just not possible that this was going on at Penn State all these years and no one said anything/sued the school/sued Sandusky/beat him up/etc. No way. And McCreary (spelling?) is now backtracking on his story. The first weekend after the story broke and McCreary gave news interviews from his front porch (how quaint), he was doing nothing more than showboating.
Ronni....that is a crazy post. McCreary has nothing to gain from this. No one would accuse anyone of something like this falsely. Money? Why are you so anxious to take Sandusky's side anyway?
Ronni, the sad truth is that most pedophiles, by the time they are caught, it is discovered they have molested sometimes HUNDREDS of times. Children just don't tell when this sort of thing is happening, and in this case, it seems a lot of adults didn't want to get involved either. Just because it took a while for this all to come out, it is really not at all unusual when it comes to sexual abuse of children.
The reason Mr. McCreary back tracked is because he was catching hell and in fear for his job for not reporting this directly to the police!!!! No other reason!!!
Seems there was a lot more to lose from speaking out than the other way. The money defense is a loser defense. Unprecedented that 11 people (for now) are testifying in HOPES of obtaining monetary gain. Remember, that a $ settlement would not be guaranteed. 10-11 people putting themselves at risk mearly for money?!? Not buying it.
Sandusky is starting to look like a little puppy you just scolded for pissing all over it self. I hope he decides jail will be better than everyone finding out what kind of monster he is. I say that not because I want him to suffer through it but because of the victims.
I'm sure Sandusky has a lot of big money friends that belong to the GOP, ie big doaners to Penn State, seems like this thing was under cover for a long time before it became public info. My mother told me when I was a very young boy "WHEN YOU ARE IN TROUBLE MONEY IS YOUR BEST FRIEND", I say if you have friends with a lot of money they can buy a lot of things even freedom from trial and jail. Money can buy, Judges, Lawyers, Jurys, Witnesses, and White Wash and the Lawyers to paint it on. Judges wear robes so you can't see the bulging pockets. When Money Is The Pry Bar, Laws can be Bent. Money can even buy Elections and Judges in some cases, Florida??? What ever happened to "CHAD"- EVERETT ???
Yep, money is your best friend when you are in trouble! The Catholic Cult has bought it's survival so far defending their organizationally sponsored mass-rape of children. They are using all of the money it has bilked out of its poor sheep. "Pay us to save your soul!" But they have billions (trillions?) to defend the Vatican in reserve. I am happy to see so many Catholic schools failing in my area. People are stupid, but not that stupid!