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Gene J. Puskar / AP
Jerry Sandusky leaves court Wednesday in Bellefonte, Pa.
ANALYSIS
The defense ended with a whimper Wednesday in Jerry Sandusky's trial in Bellefonte, Pa.
At one point, it appeared as though the defense might get some traction. It called investigators to the stand who testified that they never informed victims about complaints from other victims. Recordings of the investigators' own interviews revealed that the victims had been coached.
Wes Oliver is a professor at Widener University who teaches criminal law and procedure. This fall he will join the faculty of the Duquesne University School of Law as a professor and director of the school's criminal justice program.It would likely not seem unreasonable to most jurors for police to let victims know that there are others. Jurors may even have little problem with letting victims know some specifics of other complaints.
Jurors, however, should wonder why investigators tried to hide their methods of making alleged victims comfortable speaking. They should ask themselves what else the investigators told those men and didn't report. The defense scored some real points when the state's investigators denied techniques that they were revealed to have used in documents that were turned over to the defense before trial.
Other than that, the defense case was marked by missteps and largely tangential testimony.
There was a parade of witnesses who knew Sandusky as a neighbor, a colleague or a mentor. The rules of evidence place strict limits on the testimony of character witnesses. Formally, they are limited to addressing the defendant's reputation for honesty, peacefulness and law-abiding character. In introducing character witnesses, lawyers are able to describe how the witnesses know the defendant.
That process of introduction gave Sandusky's lawyers an opportunity to tell the jury that his colleagues never knew of any misconduct with children. It also gave those he mentored an opportunity to tell the jury that he hadn't molested them as children.
Character witnesses don't hurt the defense, but they can add only so much. The fact that there are people who never saw Sandusky do anything inappropriate isn't inconsistent with his guilt.
Defense abruptly rests without calling Jerry Sandusky
Full coverage of the Jerry Sandusky trial
And there were missteps during the defense case that really hurt.
Dr. Jonathan Dranov — who met with one of the prosecution's star witnesses, former assistant football coach Michael McQueary, after an alleged incident in a Penn State University locker room shower — had been expected to undermine McQueary's account. But the opposite happened. Dranov bolstered McQueary's testimony, describing him as having been very upset in describing the incident.
More damning, however, was that Dranov testified that McQueary reported hearing "sexual sounds" in the shower that night. At a preliminary hearing in December in a separate but related perjury case against two for top university officials, a lawyer cross-examining McQueary got him to admit that he heard two, at most three, "slapping" sounds. The defense's cross-examination of McQueary last week didn't confine his testimony to two or three slaps, and its examination of Dranov left the jury with testimony that "sexual sounds" were heard that night.
Finally, in calling an expert who testified that Sandusky had a personality disorder that could explain away some of his behavior, the defense had to let a prosecution expert examine Sandusky.
The defense expert's testimony was worthless at best and harmful at worst — he testified that he himself may suffer from the disorder, a disorder that he was unable to differentiate from the personalities many people have seen in their friends and colleagues.
By contrast, the prosecution's expert — a very sharp, impeccably credentialed, well-spoken psychiatrist — discounted the defense expert's theory and concluded that Sandusky's personality profile was consistent with a psychosexual disorder, with a focus on adolescents.
In exchange for raising the possibility of "histrionic personality disorder," the defense got a prosecution expert who said the defendant fits the profile of a pedophile, in other words. This was not a good trade.
The defense had quite the task facing it when it started presenting its case. It doesn't seem to have raised a reasonable doubt. On the whole, it seems to have aided the prosecution.
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Leave a Comment:
This article makes a lot of sense. But, I just keep remembering -- OJ Simpson, Casey Anthony, etc. The upside is, I was not there, and the jurors were. So they were able to watch and hear the witnesses demeanor etc. '
But I hope the addage, where there's smoke, there's fire ---- comes into play here.
Maybe, it is not a "faltering defense" at all.
Perhaps, we finally have truth and justice playing out for a change.
The case against OJ seemed much stronger in the media. But sloppy police investigation methods, coupled with Detective Mark Furhman's double-talk on the witness stand regarding past racial utterances fatally weakened the prosecution's case.
It didnot help that Judge Ito appeared too stage struck to ride heard on some of the defence tactics, and lead prosecutor Marcia Clark seemed more woried about her appearance than about pursuing the case.
The Casey Anthony case was largely circumstantial; no actual eye witnesses were available to tell the court what actually caused the baby's death, except that of the accused mother.
But in this case we have eye-witnesses in the form of actual victims, and in the form of assistant coach McQueary, and records from prior, reported complaints.
If Sandusky doesn't get convicted, I'll be more than shocked; I'll be apalled.
Remember the Alamo.... I mean O.J., Casey, Roger! Be very careful
There is no faltering defense as what Sandisky did raping young boys over and over has NO DEFENSE!!. I wish the guy from Texas who killed the man raping his daughter caught Sandusky. He would be one little dead doaggie as they say in Texas.........
twinkees
no different than Michael Jackson's interview answers conjuring up in his mind sleeping with kids can be very comforting for the kid.
Yes Mother ahem ...And giving them Jesus juice to consume oraly with his Penis and douching them with the same Penis. A pain to remain for a life-time. Let's see how the jurors digest it.
@ Seven2Seven,
I agree with you, although I would like to add that George Zimmerman was given thousands of dollars for his defense and the man in Texas to my knowledge hasn't received a dime for his defense or to help comfort his daughter and family. A trip to Disney Land or World would I'm sure do them some good. Maybe someone with deep pockets might have a big heart also.
I don't know how he has the nerve to show his face in public. He doesn't seem to have any shame at all.
I get a kick out of the defense team saying how much all these witnesses have to gain by lying... How about Dottie Sandusky? What does she gain by lying? She gains having someone with her the rest of her life (vs living alone). Her financial security will be gone if he is found guilty. Basically, her life will be almost as devastated as his. She has as much, if not more, reason to lie than about anyone!
I'm sure they have a nice retirement plain. I'm thinking she will have twice the "mad money" she had before.
A word of advise Jerry... Don't drop the soap. Then again it probably won't matter. Have fun on the receiving end.
I saw the title and I could not even read the thing. The defense did not hurt Sandusky, Sandusky hurt the children. Sandusky has not been hurt yet, he has not yet met his boyfriend in jail.
It is extremely difficult to put on a defense for someone who shows classic signs of a pedophile. I am sure the jury is curious why his defense team allowed the Costas interview and didn't put Jer on the stand. While it is the defendants right not to take the stand...most juries feel they are left with unanswered questions when a defendant exerts that right. They put his wife on the stand. She only said the things most spouses who don't have a clue say and attacked those who have wrecked her perfect little world.
The best part was their expert. Histrionic Personality Disorder. The expert has diagnosed himself with it? Oh, wow...that certainly helped.
Even if the defense took each of the victims testimonies apart...they still had witnesses. How is it that witnesses see the things these young men described, but the victims are there only for financial gain...or as Mrs. described...conniving?
I hope that this jury uses logic and reason in their deliberations. If they do, deliberations shouldn't take too long.
Casey and OJ had no eye witnesses to the crimes. And, neither Casey nor OJ admitted to a crime. Sandusky has admitted showering with and playing in his basement with boys. Who brings a kid to a basement??
- He sent love letters to kids
- He admitted to touching them (blowing raspberries on their stomachs)
- He showered with them and admits to having bubble fights
- He gave them presents
- He took them on trips
- He had one on one sleep overs with them
I'm a grown adult male and I haven't talked to a teenage boy since I was a teenage boy. The defense didn't ruin his case. He ruined his case by being a pedophile, by being caught twice being a pedophile and that's it. As for the victims going after money, of course they are. They're vicitimizing him the way he victimized them.
Who in this country doesn't go after the money every chance they can? That doesn't mean he is innocent, it just means that the people he abused are human.
This country needs to wake up to reality. You can victimize someone and get away with it, but eventually they come back and when they do, most abusers whine and shout and cry about it like little sissies.
Well - you reap what you sew.
Never know what goes through jurors heads in cases like these. We'll just have to wait to see what happens.
Susie absolutely !!! I'm happy to know the Jurors are mostly Pensyters they will clean up this Dirtbag, they wont do as jopa and the other silencers...
Remember a lot of these jurors have a connection to Penn State so they may feel a little reluctant to label a fellow alumnus as a pedophile. I hope and pray they do the right thing.
The first OJ trial, Casey Anthony, and now this... If we can't convict this POS then we're in big trouble folks!
I keep wondering if the grandfather ( a character witness?) that stated he showered with his granddaughter in the men's shower at the YMCA is going to be investigated. That man is sick and didn't help the defense with his testimony.
I know--when a 'character' witness proves to be a perv himself, that can't help much.
I am wondering that also!!! Another sick SOB!!!!! He should definitely be investigated too!
I am wondering the exact same thing!!!! Another sick SOB! He should also be investigated! Who takes a little girl into the YMCA shower??????? Ridiculous behavior!
The most shocking aspect to me so far is the way Sandusky all but confesses to sexually pursuing 'some' boys as tho it was normal, in part of that taped conversation....his own words are enough to convince me that he is not only guilty but living in his own little make believe world. (((Is he Catholic? That would explain it.)))
Fuel absolutely he have to be a catholic...Take a good look at the oversize hamster it printed all over him. the accusations are very true and hurtful. All those witnesses whom defending him has their share in the same bull pen and are tamed in and love it, their secrets to their graves.
I agree with the first part about the Costa interview, which IMO was the defense's biggest mistake. That was a phone interview and Costa was sitting right next to Amendola, Sandusky's attorney. It sank him.
And a side note, Amendola got a sixteen year old pregnant who he later married. He was around 50, and for the record, the age of consent is 16 in Pennsylvania, where this happened. Nothing illegal, but pretty damn slimy IMO.
Right now it seems the only thing that will keep Sandusky out of prison is an appeal.
Sandusky deserves to die beaten and violated alone behind the baseboard of a soiled bathroom in a poor neighborhood with a clown dressed as it with his hand down his pants.
Man your right on the money great post !!!!!!
You forgot: he has to thank the clown, and make a date for next Saturday's big game.
@Fuel--This is not a forum to bash Catholics. Stay on topic. All priests are not pedophiles, and all pedophiles are not priests. Some pedophiles are football coaches. All your argument proves is that Penn State is another huge institution that did not protect innocent children from predators, and that pedophilia has been a long-term, well-entrenched problem among people who are entrusted with our children--and not just the weirdo hanging out by the playground.
Fuel and Cynthia - on behalf of all Catholics, ESAD, MF!!!
I grew up in an all Catholic town. The men I knew in that town would rip Jerry Sandusky from limb to limb. This town was in Pennsylvania too and loved PSU football.
Yo Republicans and TeaBilly’s.
How about Sandusky / Snookie 2012
You BetCha….Fer Sure.
Love Sarah
Yo … Penn State, Syracuse and California School Administrators ...Does this sound Familiar? You Bet Cha….Fer Sure.
For years the Vatican has been running its fingers thru piles of Gold Coins and just busting out laughing while their “ Pedophile Priests “ were abusing kids. They knew it and now that they got caught with their pants on da ground, and now it's all about “Damage Control” and Protect the $$$$$$$$$$$. Any questions?
jstdafacts !!! you ring the bell .loll.
To Cynthia Scott and jstdafacts, ya'all need to go to Catholic school, grammar 101, you both sound like you failed basic english, and are not quite literate! Sandusky is as guilty as they come, and should get the full count "guilty as charged." It's too bad the jury didn't get to hear Matt Sandusky testify, but for his sake I am glad he didn't have to! It blows me away that anyone would come on these forums and address folks using language no better than a street child. I would think one would have more self respect than that.
Maybe Sandusky read a Sarah Palin Book, developed “Mental Disease” and started thinking with da Wrong Head.
It seems to be a Side Effect. You BetCha…..Fer Sure.
Was Joe standing outside da Shower yelling……Come on , hit da Hole hard. You Bet Cha…Fer Sure.
Every time Sandusky see’s a Little Boy in a Penn State Uniform …..he gets a Boehner. You Bet Cha….Fer Sure.
Yo Jstdafacts - you are jstdadouchebag...you're late for your shift at Burger King. Friggin tool
Yo Sandusky ,
Where did ya meet all these Little Boys?
I got to Party with you Cowboy.
Sincerely,
Da Pope
Shouldn't Joe and Sandusky be hanging from da "Penn State" Goal Posts? You BetCha.....Fer Sure
Yo Sandusky...........we know you are a Class Act and are Innocent.
Sincerely,
Casey A. and O. J.
Maybe Jerry, if aquitted, will devote his life to looking for the real rapist/pervert. If he is aquitted, will the Penn State students riot again or will they celebrate?
@ CCB:
That's a really good question.
"Maybe Jerry, if acquitted, will devote his life to looking for the real rapist/pervert."
I heard the real child rapist/pervert looked just like Jerry but only had one arm!
Why wasn't that EVERY mentioned in the Press?!
I think he's being set up!
run Jerry run...find that one armed rapist/pervert man!
(should be good for at least 8 episodes of The Fugitive II)
The defense did not hurt Sandusky. He hurt himself. How do you defend the indefensible???
-Like my great-grandfather whwo lived to be 100 years old and had all his mind until the day he died. Always said nail there PETER to a pine stump and tip them over backward!!!!!!!!!!!!!!! I agree, ouch.l
There will be a special place in HELL for Jerry Sandusky -- Right next to Joe Paterno.
The Big10, if they had any sense of morality, would kick Penn State out of the conference. But they love money more and so they won't.
Guess what coach ? Your headed to a place where your going to be coached. And for those that covered up for this sick bastard they should be removed from society as well. By keeping quiet they allowed this man to continue to traumatize these men that came forward & how many unknown. And it's a shame that their is a lot more people that knew or strongly suspected this P.O.S. was engaging in this sick manner with them boys ,yet they never came forward because they didn't want to risk their job/perks they were receiving at the time. Well them folks one day will pay as well. And finally i truly hope these victims will seek out professional help to truly deal with this horror of their past. I truly believe each & every man that came forward have a great opportunity now to save many of young boys that are in the same position as they were & i hope they take that challenge on. If it was up to me, this psychosexual freak would be put to death, but i know that wont happen, because we are a loving,caring,forgiven society huh ?
Those 2d, 3rd and 4th paragraphs were really poorly written, and therefore, confusing. Was this article written that quickly and with no proofing? Know your audience, Wes. Read your own stuff before you post it.
A lot of the time they add new information without adjusting what was already written when they update articles or do a "copy and paste" from multiple articles. I agree that the lack of proof reading is staggering among the writers, but at least you get the idea of what is happening. Bottom line: Defense is in trouble and helped bolster some of the evidence the Prosecutors have brought forth.
Good.
No, the 'faltering' defense didn't hurt Sandusky - the molesting and anally raping small boys did! I hope they lock this disgusting child rapist away for life where he can find out exactly how it feels to get violated in the shower! His new prison name will be 'drop the soap' Sandusky!
Butt, oh well, I agree. LOL.
Hey Lee, What is proofing? That's not done anymore and half the writers of these articles don't know how to write.
This is great news! this POS is going down!!!!!
100 years but i predict he will on;y serve about half of them
BruceF, I think he's about 58 years old, so if he serves half, he'd be 108 years old. Things probably won't work well enough to do anything about it by then, if he's still alive.
If he does go to jail, is he still going to wear that stupid grin on his pasty, puffy face? The phrase "put on a happy face" can be taken too literally. Keep smiling, pervert, but the world ain't smiling with you.
Wait, wait, wait, wait, wait.....you mean the fact that he is guilty of all those rapes didn't hurt his defense?