E-mail updates
Follow on Twitter
Subscribe to RSSLawyers for former Penn State football coach Jerry Sandusky were in court Wednesday for the last pre-trial hearing before jury selection begins next week.
The trial of Jerry Sandusky will begin next week in Pennsylvania as scheduled, the presiding judge ruled Wednesday, denying a request for a delay by lawyers for the former Penn State assistant football coach.
"The reality of our system of justice is that no date for trial is ever perfect, but some dates are better than others," wrote Judge John Cleland ahead of a pre-trial hearing Wednesday afternoon to take care of any remaining matters.
Sandusky's lawyers and state prosecutors will begin picking jurors from a pool of State College-area residents on Tuesday.
Sandusky is charged with 52 counts of child sexual abuse. The 68-year-old former defensive coordinator for Penn State's famed football program denies the allegations.
The hearing Wednesday focused on the evidence regarding so-called "Victim 8," a young man allegedly seen by a janitor being molested by Sandusky in team showers more than a decade ago.
Prosecutors have said the janitor, Jim Calhoun, has dementia and is not available to testify, so they want to call to the stand co-workers who would recount what Calhoun told them.
Sandusky lawyer Joe Amendola has argued there is not sufficient evidence to take the Victim 8 charges to trial, and at the Wednesday hearing he asked for a hearing at which prosecutors would either show he is wrong or have Cleland dismiss those counts. The same applies to charges involving two alleged victims.
Amendola also has asked for the remaining charges to be dismissed on other grounds.
"We're faced with a myriad of charges," Amendola told Cleland. "And the more charges that are presented to a jury, the more likely it is they're going to feel that something must have happened."
Frank Fina, a prosecutor with the state attorney general's office, said it was difficult to make an argument that the evidence is sufficient when there isn't any evidence in the record, because Sandusky waived his preliminary hearing.
"There's not a single fact of record in this case," Fina told the judge. "And that is, I think it's fair to say, solely as a result of the decisions of the defense."
Sandusky was not in court but did attend a closed-door session Tuesday with the judge, prosecutors and lawyers.
Cleland's order said the delay request was the topic of the Tuesday proceeding.
Cleland wrote that Amendola told him that if the trial starts next week, experts would not be available or able to help, an investigator was facing surgery, large amounts of material had yet to be analyzed and two Penn State administrators who face their own trial would not be available as witnesses. Another issue involved the grand jury that investigated Sandusky, and although Cleland did not elaborate on it, citing grand jury secrecy, he denied it as well.
Cleland said starting jury selection on Tuesday would, on balance, protect Sandusky's right to a fair trial, the alleged victims' rights to their day in court, the state's obligation to prosecute promptly and the public's expectation of a swift proceeding. Opening statements in the case will not occur before June 11, he said.
Cleland did not rule on recent requests by attorneys for five alleged victims to keep their identities secret.
The charges against Sandusky concern his relationships with boys he met through his charity for at-risk kids, The Second Mile. Prosecutors allege Sandusky groomed the boys for sexual abuse, offering gifts and access to the team in addition to companionship.
At least some of the alleged abuse happened in the Penn State football team's facilities, prosecutors said. One of the alleged attacks was witnessed by former receivers coach Mike McQueary, then a graduate assistant.
Details of the grand jury report touched of a massive scandal that engulfed the university, ultimately leading to the firing of Hall of Fame football coach Joe Paterno and the ouster of university President Graham Spanier. Two other university officials are charged with failing to report suspected abuse and perjury related to their grand jury testimony.
Those two officials, athletic director Tim Curley and vice president Gary Schultz, are the potential witnesses referred to in Cleland's latest order. Curley, on leave, and Schultz, now retired, have told Sandusky's lawyer they will invoke their Fifth Amendment right against self-incrimination if subpoenaed.
Also Wednesday, Cleland issued a detailed "decorum order" that will govern reporters and others who plan to attend the trial.
The Associated Press contributed to this report.
More content from msnbc.com and NBC News:
Leave a Comment:
Most hated man in America. Gee, let's get him in jail already
YES. Why is this abomination walking around free, next to a schoolyard??? What's the deal with Pennsylvania?
If this were any of us we would not be walking around right now. They would throw us under the jail. If he is guilty (let the courts determine this not a discussion board) take him outside, bullet to the back of the head.
His smile is even creepy! Of course, these are all allegations thus far, but still the testimony and details thus far are incredibly believable. Hope he gets what he deserves if he is proven guilty.
Seriously this man needs to plead out and save his victims from being abused again.
He was seen raping a child, by the assistant coach, there is no doubt about his guilt!
Man up you POS, and do something good for once in your life!
looks like the defense strategy is to drag it out until their client dies.
probably the only valid defense in this case.
actually, the best thing for Sandusky is to get a speedy trial and get tossed in the clink for protection quickly, before somebody in the Happy Valley figures out how to tie a noose knot.
assuming anybody's left there. there is a mass exodus at Penn State. seems the reputation there has gone downhill some in a short time, for some mysterious reason...
The VICTIMS, each and every one of them are HEROS in my book. They have withstood one of the most evil happenings that can happen, and that is being molested while you are a DEFENSLESS child. Most likely their idenities will be kept secret. However, if they are made public, they should always get HERO'S status.
One would think he'd be anxious to get to stay at a prison where he can shower with guys. Oh, right, he just likes boys, not men. Don't think this case will take too long. GUILTY!
HE NEEDS TO PAY FOR ALL HE HAS DONE!!! SPECIALY THE CHILDREN HE HAS HURT!!!
He always has that creepy smirk on his face. You just want to throw a punch or two right in the middle of it.
Being white and rich only gets you free from certain crimes. Crimes against children and the elderly will get even the world's richest person sent to prison.
Polanski
And we all know that lawyers don't lie... Here is a good hint: Everyone lies, except me...
Sex offenders live a long time because even the devil doesn't want their souls. Live long and suffer you horrible man.
Oooooh fer gosh sakes >>> JUST hurry-up & SWEEP it under thaa RUG, ... like izz usually done, ... for the BIG DOGS, >>> AKA: VIP'Z, Polititions & lobbyistz.
HE will/would FIT right into, ... our famous TSA "Group-GROPE" organization!
And to think football coaches are typically paid way more than the president of a college. I always thought that was wrong. It gives them power in a way along with being treated like Gods by their following and the media, and look what happens......absolute carnage of people around them. He was molesting those boys with no fear.... Definitely his "status" contributes to the fact he is not in jail already.... As for our prison system that is another study in lobbying money, favoratism, privatization for profit, and finally in the end they are just "rape factories". It is so messed up, our two tiered justice system. People are in for minor crimes and the Wall Street parasites are out walking about clapping each other on the back. They are too rich to have to fear our justice system.