Judge refuses to dismiss Sandusky charges; trial set to begin Monday

Patrick Smith / Getty Images

Former Penn State assistant football coach Jerry Sandusky.

The judge in former Penn State assistant coach Jerry Sandusky’s child sex abuse trial on Friday dismissed a last-ditch defense motion to toss the case.

McKean County (Pa.) Senior Judge John Cleland issued a three-paragraph order (.pdf) denying the motion, meaning that all 52 charges remain in place heading into opening arguments, which are scheduled Monday morning.


Sandusky, 68, former defensive coordinator of Penn State’s football team under the late legendary coach Joe Paterno, is accused of sexually abusing 10 boys over a 15-year period. He has pleaded not guilty to the charges.

A panel of seven women and five men was selected during two days of jury selection earlier this week.

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GoJoBidenDeleted

Guess he had to try a "Hail Mary" pass.

  • 7 votes
Reply#2 - Fri Jun 8, 2012 12:44 PM EDT

And when the courts punt him across the exercise yard line, he'll be spending a lot of time in the prevent defense.

  • 2 votes
#2.1 - Fri Jun 8, 2012 5:54 PM EDT
Reply
Comment author avatarhuman-alltoo-humanExpand Comment Comment collapsed by the community

PLEASE SIGN AND SHARE THIS PETITION TO HAVE CASEY ANTHONY TRIED IN FEDERAL COURT. CREATED 4/14/12.

Double jeopardy is subject the dual sovereignty doctrine. It states that a person can be tried for the same crime twice if he or she is being tried by more than one distinct, sovereign government. A person can be tried by the federal government and by a state government for the same crime. Both entities are distinctly sovereign units that have their own sets of laws and their power derived from different sets of people.

The petition addresses the DOJ policy that guides them in deciding whether or not to bring federal charges against someone after a person has already been tried by a state.

Or go to change.org and search for BREUER

  • 1 vote
Reply#3 - Fri Jun 8, 2012 12:47 PM EDT

Dude, get over it... the case is over, she was found not guilty of murder no matter what the people outside the courtroom think. Sh.....it happens. The legal system isn't perfect so deal with your emotions in your own way and don't beg for people to sign a petition for have someone tried again. Move on with your life....

  • 8 votes
#3.1 - Fri Jun 8, 2012 1:31 PM EDT

@ human-alltoo-human

First, you are on the wrong page for this post.

Second, I think most people have moved on from the Casey Anthony trial and would like to forget it. Regardless of how you or I feel about it, she was tried by a jury of her peers and found not guilty. Right or wrong, she went through the system and that is as they say that. The federal government I feel has more important issues to deal with. Because you don't like it means nothing to anyone other then you !

  • 10 votes
#3.2 - Fri Jun 8, 2012 1:49 PM EDT

are you confused, this is not the casey anthony page dummy AND, ill say it slowly

she already went to trial for this and was found NOT.............GUILTY!!!

DONT YOU HAVE A JOB TO GO TO???

  • 6 votes
#3.3 - Fri Jun 8, 2012 2:06 PM EDT

What does that have to do with this fag?

  • 4 votes
#3.4 - Fri Jun 8, 2012 2:15 PM EDT

This person has no job because all their comments in their history show spamming of this petition.

    #3.5 - Fri Jun 8, 2012 2:30 PM EDT

    fag? majority of pedofiles are male Heterosexuals... plus this man was married to a woman?

    • 5 votes
    #3.6 - Fri Jun 8, 2012 2:40 PM EDT

    Thank you, John. In fact, OVERWHELMING research indicates that pedophiles are heterosexual. Some are female, but the majority are male.

    • 4 votes
    #3.7 - Fri Jun 8, 2012 3:25 PM EDT

    John and Rev Dan, the man raped boys, if that's not a fag, what is?

    • 1 vote
    #3.8 - Fri Jun 8, 2012 4:32 PM EDT

    Gary--Jerry Sandusky is accused of being a pedophile predator (I believe he is guilty, but will leave that to a jury to decide). Pedophilia and homosexuality are two different things. The problem is that you are equating one with the other.

    • 1 vote
    #3.9 - Fri Jun 8, 2012 6:56 PM EDT

    REv Dan damn nice of you to let a jury decide the fate of this child molester.

    Here is a question for you "Rev": did you get your 'title ' from the same comic book ad as did Jesse and Albert ?

      #3.10 - Sun Jun 10, 2012 4:15 AM EDT

      Josh--I'm trying to have a civil conversation here. We have a little document in this country called the Constitution that guarantees due process under the law. Jerry Sandusky--despite what we all might believe about him--is entitled to due process . . . . as are you.

      As to my credentials and title--not that I really need to justify them to you, they have been justified by God and the proper call process--I graduated from college, worked in private industry in management for 30+ years, and then went for four years to a prominant Northeastern Seminary which is aligned with the largest, mainline protestant church in the United States. After graduation with a Master of Divinity degree, I served first an internship and then a residency and was Apostolically Ordained after receiving a Call. I have continued my education, and have completed a second Masters in Theology. I will soon complete a Ph.D. in Church History. Any other questions or comments concerning my credentials?

      But little of what I said above will make a difference to someone who hides behind the anonymity of a discussion board to insult someone who simply makes a valid--and constitutionally supported--point. As I said, I'm trying to have a civil conversation. If you wish to have a civil, intelligent conversation that doesn't resort to snarky comments when you disagree, I'm open to doing so. If you are incapable of doing that . . . well, all I can do is offer you God's blessings and move on.

        #3.11 - Mon Jun 11, 2012 9:49 AM EDT
        Reply

        The article doesn't state what reasons the defense sought to dismiss. But it stands to reason that there is NO WAY this case isn't going to trial.

        • 4 votes
        Reply#4 - Fri Jun 8, 2012 12:50 PM EDT

        Lack of Sufficient Evidence, Fourth Amendment Rights, Miranda Rights, Dismissal with Prejudice and it happens in every case. Nothing to see here, just a cheap headline for AD's sake......lame and lazy.

          #4.1 - Fri Jun 8, 2012 6:38 PM EDT
          Reply

          I hope, I pray that sandusky and his band of scum ALL get what they deserve!!!

          • 10 votes
          Reply#5 - Fri Jun 8, 2012 1:27 PM EDT

          Whatta creep.

          • 6 votes
          Reply#6 - Fri Jun 8, 2012 2:06 PM EDT

          damn that man is fugly, he should be tried just for that reason alone... nasty candy azz, i hope you hang with you poor disgusted wife watching, how humiliating for her, I would not go if he did that sh** behind my back..or in his case, in the basement, I cant imagine how those poor lil boys felt, bless there little souls.

          • 2 votes
          Reply#7 - Fri Jun 8, 2012 2:10 PM EDT

          " Humiliating for her"? I think she must have known some thing was up. Or in this case,"Not up" everytime they were in bed together. She was'nt his type. Wrong sex and way to old for him to get aroused. Sick bastard!!!

          • 2 votes
          #7.1 - Fri Jun 8, 2012 5:53 PM EDT
          Reply

          I've posted on this guys stories before. Back when I was a little kid I was a victim - my big brother was my Jerry Sandusky. It went on for awhile - that was over 50 years ago. I'm a pretty rationale and realistic guy... you can tell by my clown gloves. Very conservative. I just happen to know from first hand experience (and all the other stuff you all know) that there simply is no curing, rehabilitating, changing these pedo-terrorists. The damage they inflict affects their victims, in one way or another, forever. And, as sick as it sounds, they truly can't help themselves. Doesn't excuse it or mean they shouldn't pay. It just IS what it IS. So, the real villians in these stories are the enablers. In my case, my Dad. He knew all along it was going on. In the case of the Boston (and other cities) priests... the Cardinal, Archdiocese and other priests. In this case, other coaches and certain administrators with Penn State.

          As disgusting as what Sandusky allegedly did, what others DIDN'T DO is even worse. A perverted pedo-terrorist is powerless to his sickness. The other "normal" people aren't. Their fear is "getting involved." As a victim I can (reluctantly) understand but not accept the actions of a pedo-terrorist. But I can't understand at all why a person who is a parent themselves or has taken an oath to protect or an oath to God can turn the other way when they KNOW this is happening. The risks they take to their own reputation and financial situation are considerable. Then, of course, assuming they have a conscience, there's the guilt they have to carry around. I just don't get it. I would give a ticker-tape parade to those who blow the whistle on pedo-terrorists - give them medals. Instead, they cower and let the terrorism continue? I just don't get it.

          • 8 votes
          Reply#8 - Fri Jun 8, 2012 2:13 PM EDT

          Was he expecting the judge to say; "OK,charges dismissed you may resume sodomizing little boys in the shower"? Sorry. You're going to jail for the rest of your short sick life. You are not going to like the ending.

          • 8 votes
          Reply#9 - Fri Jun 8, 2012 2:19 PM EDT

          Why does Penn State prefer to be losing @ halftime?

          Because @ Penn State They like to be a little Behind in the locker room!!! oops too soon? XD

          anyways mr. Pedo van wrinkle is gonna be bending over alot in prison XD

          @human-alltoo-human thats true and all the haters replying to your comment should know she was only found not guilty due to "not sufficiant amount of evidance" i could also tell by her facial expressions she was guilty of killing her daughter and as for Zimmerman his facial expression is very similar but it also shows he's scheming something (makings of a grade A Sociopath) see he knows he could play the judicial system like a fiddle yet Casey Anthony only got away with it cause of a Poorly executed Proseqution and the jury was under pressure and deadlocked !!!

            Reply#10 - Fri Jun 8, 2012 2:21 PM EDT

            Q. When does Jerry Sandusky take a shower?

            A. When the big hand touches the little hand.

              #10.1 - Fri Jun 8, 2012 5:56 PM EDT

              GENTLEMEN!!!!

              NOBODY IN PRISON WANTS TO EVEN TOUCH A PIG LIKE SANDUSKY - THEY SIMPLY KILL HIM, "WITHOUT PREJUDICE"

              AND ANYONE "SUGGESTING" THAT THERE IS ABSOLUTE "INTEGRITY" IN THIS "LEGAL PROCESS' - IS A TOTAL A__________HOLE!!! OR . . . . . . FORGIVE ME - MAYBE THEY ARE SIMPLY STUPID ???

                #10.2 - Fri Jun 8, 2012 6:32 PM EDT
                Reply

                Jerry Sandusky has the money to screw around and play games with the legal system for awhile. But these tactics are just desperate measures by a desperate man . . . there's got to be an iota of awareness on his part that the proverbial "jig" is up and that life as he knew it is basically over . . . if indeed he'll even be allowed to keep his life after arriving at the slammer. Pedophiles don't last long in prison environments.

                • 6 votes
                Reply#11 - Fri Jun 8, 2012 2:23 PM EDT

                If Joe was paid 1.2 million bucks every year how much did this despicable person get for his role in the football arena?

                  #11.1 - Sun Jun 10, 2012 4:19 AM EDT
                  Reply

                  "Dismiss the Charges".....you have to be kidding. This pervert is guilty as sin. Good call Your Honor.

                  • 7 votes
                  Reply#12 - Fri Jun 8, 2012 2:24 PM EDT

                  The judge would be subject to being committed to a mental institution if he dismissed the charges.

                  • 3 votes
                  #12.1 - Fri Jun 8, 2012 2:42 PM EDT

                  Lack of Sufficient Evidence, Fourth Amendment Rights, Miranda Rights, Dismissal with Prejudice and it happens in every case. Nothing to see here, just a cheap headline for AD's sake......lame and lazy.

                    #12.2 - Fri Jun 8, 2012 6:42 PM EDT

                    Surprise, surprise, the judge in this case is a Penn State follower. He will sooner or later free this pervert on a technicality. Then the rapist will sue the State, the University, the prosecutor, the complainants and win a big pile of money which will last him a lifetime or longer.

                    Then he can purchase boys from third world countries and have them housed at his boywhore house where he is suspected of having provided boys to ranking Penn State and State officials at their request over the past ten years.

                    Make no mistake folks this is not just about this pervert it goes to the current Governor, the State prosecutor, the Chief Judge and begs the question why has no one been investigating the sudden disappearance of the prosecutor who ten years ago was on to this sicko?

                    This sick SOB will walk and sue for millions. Remember you read it here FIRST


                    • 1 vote
                    #12.3 - Sun Jun 10, 2012 4:29 AM EDT
                    Reply

                    Kudos to the judge for refusing to dismiss the case. Sandusky has tried everything to weasel his way out of this trial. Now he will have to face his accusers and answer for what he did. And I hope to see that wise a$$ smirk wiped off his face by the time the trial is over.

                    • 4 votes
                    Reply#13 - Fri Jun 8, 2012 2:24 PM EDT

                    Like to have charges dismissed so he can go on doing as he pleases have to have the court tri and see where it ends up. A trial will do any one good, this man needs to get a life for all the lives he has ruined. All the sordid details will come out in a trial and I expect he won't like the results.

                    • 1 vote
                    Reply#14 - Fri Jun 8, 2012 2:29 PM EDT

                    First of all...Bull@!$%#-the-Clown I'm glad that you've got a rational and realistic view on life after having been a victim of such a horrendous crime.

                    People think that they know someone...respected member of the community, priest, family member. It is difficult to wrap your mind around what people are saying about them...it is a natural instinct not to believe that someone you LIKE could do that to children.

                    Now, enter the work place and try to work out the emotions seeing an old boss doing something inappropriate with a child. There is a part of me that can understand McQueary's quandry and mishandling...he saw the end of his career before it even got started. Leaders at Penn State are no different than all of the Cardinal's who just moved pedophiles to a different location, or School systems who quietly terminate suspected pedophiles. All in the name of saving their name. They all knew there would be a public outcry and decided their names, their jobs, their church, their school, their football program was more important than any child.

                    Please know that there are many of us who would take action. I did with my sister and the trusted Naval Officer who lived across the street. While my parents wouldn't believe her...I did. I was 15...she was 10. I got in the man's face and promised to call the police if he EVER did anything inappropriate with my sister. (Little did I know that he was molesting all of his own children.) I then had a discussion with my sister and told her that what he did was WRONG and to tell me if he ever even touched her again.

                    I wish you the best!

                    • 2 votes
                    Reply#15 - Fri Jun 8, 2012 2:33 PM EDT

                    Jerry, quit trying to delay the inevitable. Face it, you are NOT going to like prison but hey, I'm sure your new cellmate, Bubba, will see to it you will continue to enjoy lots & lots of gay sex in the locker room shower! Just too bad you aren't a 'bottom" but we're sure you'll manage to adapt. Lmao!

                    • 3 votes
                    Reply#16 - Fri Jun 8, 2012 2:36 PM EDT

                    When this Judge said that there would be no sequestering of the jury, he set the stage for a MISTRIAL should this dirt bag be found guilty. Why did the judge do that you ask??? Pennsylvania is broke like all the other states and they don't have the money for hotel rooms and to feed the jurors too. Plain an simple. The jurors will be on the honor system??????????? This is what the good ole boy said, isn't that a joke????

                    • 3 votes
                    Reply#17 - Fri Jun 8, 2012 2:41 PM EDT

                    Let's put this back in PS Gov Corbett's lap.

                    He has cut the state budget and HE was the Attorney General who DID NOT stop Sandusky years earlier when he could have. Corbett looked the other way to get campaign contributions from the Second Mile, etc.

                    WHY did Corbett step up recently? Because he was mad that Paterno refused to endorse him for Gov- Paterno said it was a conflict of interest to endorse someone who might then sit on the PSU Board of Trustees. Paterno endorsed no one. Corbett also mad at PSU President Spanier for chiding him repeatedly for reducing education spending.

                    Once the new AG put more that ONE person on the cold case- Corbett started looking useful and got other's involved. Corbett let the ball drop from the get go- what will PA voters do about this? We'll see.

                    Why is the National media not riding this man- PA media is-Corbett is just as bad as Sandusky!

                    • 2 votes
                    #17.1 - Fri Jun 8, 2012 2:57 PM EDT

                    Surprise, surprise, the judge in this case is a Penn State follower. He will sooner or later free this pervert on a technicality. Then the rapist will sue the State, the University, the prosecutor, the complainants and win a big pile of money which will last him a lifetime or longer.

                    Then he can purchase boys from third world countries and have them housed at his boywhore house where he is suspected of having provided boys to ranking Penn State and State officials at their request over the past ten years.

                    Make no mistake folks this is not just about this pervert it goes to the current Governor, the State prosecutor, the Chief Judge and begs the question why has no one been investigating the sudden disappearance of the prosecutor who ten years ago was on to this sicko?

                    This sick SOB will walk and sue for millions. Remember you read it here FIRST


                    • 1 vote
                    #17.2 - Sun Jun 10, 2012 4:31 AM EDT
                    Reply

                    Folks, every week or two someone has his conviction reversed after having served years in prison. In each case he had been found guilty by a jury of his peers. This, in other words, was after a trial with all the protections that affords. So far Sandusky has been tried only in the news media and by clowns, like many of you, on line. His court trial hasn't even begun yet.

                    So, give a it break, remember that we're all innocent until proven guilty, and stop trying to outdo each other on what punishment you'd met out to pedophiles. As Shakespeare once wrote - "Methinks thou do protest too much."

                    • 2 votes
                    Reply#18 - Fri Jun 8, 2012 2:43 PM EDT

                    And what happens if he is found guilty? Can they put Joe Pa on trial in absentia for complicity in the case? Now that's what I'd like to see and see that his family loses his multimillion dollar pension because he turned a blind eye to what his buddy was doing. Give me a break!

                    • 1 vote
                    #18.1 - Fri Jun 8, 2012 3:25 PM EDT

                    Pat--Joe Paterno did not turn a blind eye. First, he reported what he had been told--he did not have first hand knowledge. He reported it to the Chief Financial Officer of Penn State who is also the head of the campus police force (not a security force; a police force that is sworn in according to PA law). Second, according to records, he followed up and asked what was being done. He was informed that it was being taken care of. Third, he went to Graham Spanier and demanded that Sandusky be banned from campus. He was told that he (Paterno) did not have the power to do so. Fourth, again according to records, he (Paterno, again) demanded that Sandusky be banned from the athletic facilities. Again, he (Paterno) was told he did not have the power to do so. Finally, then Attorney General Corbitt, now Gov. Corbitt (the same Governor who has repeatedly and without foundation said that Paterno did not do enough), in 1998 or 1999 cited lack of sufficient evidence to bring charges against Sandusky. The evidentiary file that he did not think was sufficient is the same file that he now points to when he says that Paterno did not do enough. Anyone can say, "Well, if it had been me, I would have . . . ." but saying it and being there and doing it are two different things.

                    • 1 vote
                    #18.2 - Fri Jun 8, 2012 3:37 PM EDT

                    Hey "bill-va" "methinks you think you know too much" i.e. stop reading shakespeare -

                    This case wasn't simply a "bad dream" Sandusky was having for your entertainment - duuuuuuuuuuuuuuuuuuuuuuh

                      #18.3 - Fri Jun 8, 2012 6:39 PM EDT
                      Reply

                      light a match and watch this guy burn! YOU CAN DO IT!

                        Reply#19 - Fri Jun 8, 2012 2:45 PM EDT

                        Life in prison is what this scum deserves. I hope he gets it in the azz in prison.

                        • 2 votes
                        Reply#20 - Fri Jun 8, 2012 2:57 PM EDT

                        I wonder what his wife REALLY believes. Now, if she was home and never heard the kids crying in the basement...hmmm. All of the children they have, are adopted, I believe, or at least some are.

                        Also, what kind of couple "entertains" all the little boys overnight, all the time? Big MAJOR red flag--on both of them. She is just as guilty as he is for being stupid or should I say....in denial.

                        I go nutty having my grandchildren overnight sometimes. But then again, it is a free-for-all movie night and popcorn and ice cream and sleeping bags in the big living room for the kids, even though we have enough bedroom space for the 6 of them. Sometimes, they go in the family room in the basement, but not with us. Oldest ones are both 9 and younger siblings.

                        This entire situation is just sickening. He is a creep, but she is even creepier....

                        • 2 votes
                        Reply#21 - Fri Jun 8, 2012 3:07 PM EDT

                        I think there's a show on TV called Who the $%^& did I Marry.

                        While a spouse may suspect something, even as simple as an affair...they tend to tell themselves that they are overreacting. If they see the children the next morning and they're all smiles...nothing happened. If something happened...they wouldn't be smiling. If everybody is getting along...then they just have an overactive immagination. When that's done often enough...they don't even bother to entertain the thought that something might be amiss.

                        Pedophiles do not see that what they are doing is wrong...so that helps keep everyone in the dark.

                        • 1 vote
                        #21.1 - Fri Jun 8, 2012 3:28 PM EDT
                        Reply

                        Just a little tid-bit. (Most) Criminal defense attorneys will file a motion to dismiss prior to the commencement of the trial. They are asking the court to throw out the case. This is requested for multiple reasons, but it happens in MOST criminal cases. This really isn't news worthy. The defense counsel is really saying either: there was no cause of action based on "facts" known, or the facts are not in question but the action is one in which the law doesn't provide a remedy for. Neither though, are proper for this scenario.

                          Reply#22 - Fri Jun 8, 2012 3:08 PM EDT

                          Since Penn State kept quiet shows you what is important to the university - Sports or Children.

                          • 2 votes
                          Reply#23 - Fri Jun 8, 2012 3:11 PM EDT

                          It's a sickness this college sports mentality. EVERYTHING takes a backseat. I thought college was for advanced learning. That's I went for.

                          • 1 vote
                          #23.1 - Fri Jun 8, 2012 3:29 PM EDT
                          Reply

                          Nah - sports fans are almost as d-u-m as bible thumpers. Though of course they are often both.

                          • 2 votes
                          Reply#24 - Fri Jun 8, 2012 3:33 PM EDT

                          If you are innocent why do you need to move for dismissal? Seems an inncent man would welcome his day in court.

                          • 1 vote
                          Reply#25 - Fri Jun 8, 2012 3:36 PM EDT

                          And welcome the legal fees and intrusive press that goes along with his day (that is, weeks) in court? Only if you're rich and bored

                            #25.1 - Fri Jun 8, 2012 4:29 PM EDT

                            Lack of Sufficient Evidence, Fourth Amendment Rights, Miranda Rights, Dismissal with Prejudice and it happens in every case. Nothing to see here, just a cheap headline for AD's sake......lame and lazy.

                              #25.2 - Fri Jun 8, 2012 6:43 PM EDT
                              Reply

                              Homos, here once again is proof of their sick minded agenda. Now we have a president that condones this kind of behavior, what a sick united states of homosexuals, and pedofiles.

                                Reply#26 - Fri Jun 8, 2012 3:41 PM EDT

                                Gay people are not pedophiles.

                                Pedophiles are mainly heterosexual men. They want to have sex with young children.

                                Gays don't want to have sex with young children. Try Googling pedophiles and you will find a lot of information about it.

                                • 1 vote
                                #26.1 - Fri Jun 8, 2012 4:09 PM EDT

                                RL doesn't want real info - just a way to channel hate (fear) of the gays...sigh...what a sad, dark life.

                                • 1 vote
                                #26.2 - Fri Jun 8, 2012 4:10 PM EDT

                                RL - could you be anymore of an mis-informed douchebag? The overwhelming majority of pedophiles are heterosexual.

                                • 1 vote
                                #26.3 - Fri Jun 8, 2012 4:20 PM EDT

                                If a male has sex with another male, he is no longer heterosexual, he is homosexual!!!!!

                                • 1 vote
                                #26.4 - Fri Jun 8, 2012 4:38 PM EDT

                                Really Dr. Gary? And exactly where did you get your PhD in Psychology with a specialty in Human Sexual Behavior?

                                • 2 votes
                                #26.5 - Fri Jun 8, 2012 4:45 PM EDT

                                From reading these B.S. posts about how great homosexuality is.

                                  #26.6 - Fri Jun 8, 2012 4:49 PM EDT

                                  Pedophilia and homosexuality have nothing in common. He would not be charged if these boys were consenting adults. It is thier age more so then thier sex that turns their crank.

                                  Homophobics sometimes are trying to surpress homosexual tendencies. Confused about thier feelings they need to attack. Not meant toward anyone personally....just saying.

                                  • 1 vote
                                  #26.7 - Fri Jun 8, 2012 5:10 PM EDT
                                  Reply
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