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Subscribe to RSSThe jurors in the sexual abuse trial began their deliberations Thursday after hearing vastly different portrayals of the former Penn State assistant football coach. Jerry Sandusky's attorney told jurors there was "not one piece of physical evidence," while prosecutors asked that Sandusky receive "the justice he really deserves." NBC News' Michael Isikoff reports from Bellefonte, Pa.
Updated at 9:24 p.m. ET: Jurors in the child sexual abuse trial of former Penn State University assistant football coach Jerry Sandusky deliberated for more than seven hours Thursday without reaching a verdict.
Deliberations were scheduled to resume at 9 a.m. ET Friday in Centre County Court in Bellefonte, Pa., where Sandusky is charged with 48 counts alleging that he abused 10 boys over 15 years. Three other counts were dropped early Thursday.
Judge John Cleland said the jurors had asked to rehear the testimony of two key prosecution witnesses: former Penn State assistant coach Michael McQueary, who testified that he overheard Sandusky having sex with a young boy in a football locker room shower, and Jonathan Dranov, a family friend who testified that McQueary told him about incident. Those arrangements were to be worked out Friday morning.
The jury began its deliberations about 1:30 p.m. ET and worked straight through the afternoon and early evening, for nearly 7½ hours, following closing arguments in which they heard two starkly different descriptions of the case against Sandusky.
The prosecution and the defense clashed over defense attorney Joseph Amendola's suggestion that the entire case was a conspiracy among police, prosecutors and the alleged victims and their lawyers, in hopes of a big payday in future civil trials.
"The system" prejudged Sandusky and "set out to convict him" even though the case against him makes no sense, Amendola said.
But Deputy Pennsylvania Attorney General Joseph McGettigan, the lead prosecutor, argued that it defied common sense to believe the police and court systems would have conspired to bring down a figure as beloved in the community as Sandusky, the former longtime defensive coordinator for Penn State's nationally famous football team and founder of the Second Mile charity for troubled children.
"What would we gain?" he asked.
Sandusky, 68, was charged in two grand jury indictments that accused him of having used his connection to one of the nation's premier college football programs to "groom" the 10 boys for sexual relationships.
Eight of the 10 alleged victims testified during the trial. Another whom the jury never heard from was Sandusky's adopted son Matt, whose lawyers said Thursday afternoon — after deliberations had begun — that he, too, had been abused by Sandusky.
Sources told NBC News that Matt Sandusky's potential rebuttal testimony was why Sandusky chose not to testify in his own defense. (NBC News and msnbc.com generally do not identify victims of sexual assaults, but Sandusky chose to identify himself in a public statement released through his attorneys.)
Sources: Adopted son as possible witness helped keep Sandusky silent
Legal analysis: Sandusky's attorney hits home run in closing argument
"No one wins in this case. This is awful no matter what happens," Amendola said during the closing defense argument. "If Jerry Sandusky did this — if he did this — he should rot in jail. Bless his heart, that's my feeling.
"But what if he didn't do this? His life is destroyed."
Amendola repeated the phrases "it doesn't make sense" and "does that make sense?" like mantras throughout his 75-minute closing statement, highlighting what he said were inconsistencies and logical impossibilities in the evidence against Sandusky.
"All these alleged charges only go back to the mid-'90s, so out of the blue, after all these years, when Mr. Sandusky is in his mid-50s, Mr. Sandusky decides to become a pedophile? Does that make sense to anybody? Does that make sense?"
Amendola accused the eight men who testified that Sandusky had abused them as children of seeking to cash in on eventual civil trials against his client.
"We can understand these kids now want to be compensated — the lawyers want to make all these dollars — but it still doesn't mean Mr. Sandusky did this," he said.
Amendola also accused investigators of having coached the alleged victims to say what they wanted to hear because they had already decided to ignore possible evidence that Sandusky was innocent.
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Full coverage of the Jerry Sandusky trial
"The system decided Mr. Sandusky was guilty, and the system set out to convict him," he said, focusing on the testimony of two state investigators whose testimony appeared to be contradictory.
But McGettigan contended that the holes the defense poked in the case were, in fact, proof that there was no collusion.
"Everybody would have had to have been on the same page. Not so," he said.
McGettigan said it was easy for the defense to claim a conspiracy when "you don't name them. You just say 'the system.'"
But he said "the system" is made up of real people, in this case dozens of them who all wopuld have had to be in collusion for the last 15 years: the 10 alleged victims, the 24 grand jurors, the investigators, the arresting officers, corroborating witnesses like Sandusky's former colleague Michael McQueary, social services professionals, and McGettigan and his co-prosecutors themselves.
"If you conclude there's a conspiracy, someone bring handcuffs in for me and ... anyone else involved," McGettigan said, before concluding:
"What you should do is come out and say to the defendant that he molested, abused and assaulted (the alleged victims). He knows he did it, and you know he did it.
"Give him the justice he really deserves. Find him guilty of everything.
Three more charges dismissed
Sandusky originally was charged with 52 counts, but Cleland, who had previously dismissed one of them, threw out three more Thursday morning.
Two were charges alleging involuntary deviate sexual intercourse with one of the 10 alleged victims, which Cleland said the evidence didn't support. Had the jury convicted Sandusky on those two counts, Cleland said, he would have been required to set the convictions aside.
The third count was a duplicate of another count, he ruled.
Sandusky made no comment as he arrived at court Thursday morning with his wife, Dottie, who testified Tuesday that she never heard or saw her husband engage in any inappropriate behavior with children during their 45 years of marriage.
Sandusky had been widely expected to testify Wednesday before his lawyers abruptly rested their case after a lengthy conference in the judge's chambers.
A source close to Sandusky said "there was no one factor that led to the decision," but NBC News reported Thursday that Sandusky decided not to testify after his lawyers were warned that prosecutors would call his adopted son, Matt, as a rebuttal witness if he did so. The sources, speaking on condition of anonymity, told NBC News that Matt Sandusky was prepared to deliver damaging testimony about his father.
NBC's Savannah Guthrie discusses why the prosecution didn't call Jerry Sandusky's adopted son as a witness if he was able to provide damaging evidence.
In his final instructions, Cleland told jurors that they had great leeway in determining whether Sandusky's alleged behavior, while possibly troubling, may not have been criminal.
For example, he said, "it's not necessarily a crime for a man to take a shower with a boy. It's not necessarily a crime for a man to wash a boy's hair or lather his back or shoulders or to engage in back rubbing."
The bottom line was Sandusky's intent, "not the child's reaction," he told the jurors, who heard eight of the 10 alleged victims testify that they were traumatized by Sandusky's alleged advances.
In other words, "you must distinguish a display of innocent affection from lust," Cleland instructed.
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McQueary needs to rot in jail as well......for lying to the grand jury and everyone else....on multiple occasions. His story has flip flopped more than OJ. It's obvious he's out to save his own ass now. Then he says he reported it to the police....yet neither agency of police he could have reported it to have any record of it.
HOW DOES THIS PRICK STILL HAVE A JOB?
Think about it......if this was you with your employer would you have a job right now with them? F-- NO.
Okay - if the jury deliberates past tomorrow morning..... watch out. Talk out overwhelming evidence!! They should be out in a couple of hours if they are in their RIGHT MINDS.
They have to discuss and come to consensus on 48 separate counts. That is going to take a while no matter how you stack it.
I guess the catholic priests were all railroaded, Sandusky had the opportunity and motive, its just that he got away with it for so long, there had to be a point and time when the story was bound to come out.
Catholic priests have nothing to do with this case. What's your point?
There is so much prosecutor y misconduct going on in American courtrooms today..........which is a total waste of taxpayers federal dollars. From John Edwards, Scooter Libby, the baseball player, and Ethan A. Berry, who is disabled, that it is a shame!! The prosecutors and their staff should all be fired and jailed for wasting taxpayers dollars on cases; where the grand jury was proven to be lying!! If the president believes that two male and two female should be married; then he also believes that homosexuals; who are children should be free to have pleasure with adults if they so choose!! This is what happens when America has perverted minded adults in powerful leadership positions. Now even the Supreme Court Judges staffers have revealed that they have perverted behaviors too; and they are the ones who are helping the Supreme Court Judges gather facts to make the case in favor of the perverted lifestyle, stealing, and murder!! Come quickly Lord Jesus Christ; Come Quickly!! Jerry Sandusky is a member of mankind........it is written "there is none good; no not one; even our righteousness is as filthy rags." Just my thoughts!!
Come on, you can do better than that. Why not break out the marrying your dog argument as well.
Wow, by far the dumbest post I've read on here. Good job buddy, it takes talent to spew that much stupidity at once.
Yeah I was reading it wondering where he/she was going with it and it turns out nowhere. Leave the pontivacating in the pulpit.
Cheeznutz What is the difference between stupidity and being perverted? Or is there a difference from your perspective? Remember freedom to choose is just what it is...........for good; bad or indifferent!! Remember this is just my thoughts.........not the world!! Skup There are citizens who are marring their dog too!! Remember it is written "narrow is the way to eternal life and broad is the way that lead to destruction." Just my thoughts again!!
A lawyer's last gasp: Turn your client into a victim.
For some incredible reason, it actually works more often than we would like in today's courtrooms. Everybody's a victim. Pfft.
The defense made a good point: why did Sandusky suddenly become a pedophile in his mid-50's? There were no reports or complaints prior to the 90's. Surely this case has publicized this issue so that anyone affected by Sandusky has (probably) come forward.
Maybe he didn't gain the courage to act on his desires until his mid-50's? Maybe he only dabbled in pictures and fantasies until he finally gained enough courage to try what he had always dreamed about. What does it even matter what age you started your illegal activities? LOL, what a stupid argument.
No, not everyone will come forward. But notice the adopted grown son was about to testify with "damaging" testimony? Yes, he might have escalated or might have lost some control the more he got away with the assaults. They get sloppy (sorry) when they get away with it a long time. I would bet there are more victims who are thinking they already have enough, so why become public now?
No once the D.A.'s office had one adament victim who wasn't going to drop this. They investigated other kids who during the course of the years with his non profit organization could have potentially got victimized. They only got Eight. You know over this many years...there were dozens more...
When he gets to prison, he will find out all about being railroaded. The line is pobably forming as we speak!
What a bunch of scumbags. Is it really any wonder why people have an ingrained mistrust of lawyers?
Well, if this lawyer gets what he wants, when Sandusky is found innocent then he can send his son over to Sandusky's house to earn some free football tickets for good ole dad. I hope they all burn in hell.
Deliberations for the Sandusky case should take about 15 minutes, GUILTY on all counts.
Let's get over with it and railroad the old scum bag to jail. He should be placed among rapists in jail. And let's begin with the civil suit. Jail is not enough.
If the jury can't find this piece of garbage child molester guilty, then there is something really wrong here. There is no way all these people are lying and he is telling the truth. He is a child's worst nightmare, and for that he should rot in jail.
There is only one reason this mess went to trial. This guy is guilty, period, end of story. Any plea deal would have included substantial jail time and the resulting danger to a pedophile behind bars. The only chance he has to get out of this is a trial. He is screwed either way so what did he have to lose by dragging his victims and the rest of us through his mess.
And if you think about it this guy likes males so maybe he is looking forward to all the free sex he is bound to get in prison. Wouldn't be surprised if he is hoping for the maximum sentence. And when it comes to the three point stance this guy will be very valuable to his fellow inmates as he teaches them the finer points of that position.
The guy likes kids he can lead, seduce, and overpower so he can have imaginary romances with them. He won't like men on him...this isn't about gay sex at all. Good try on making it something different than it is, though.
It will be quite interesting what the verdict will be in this case. The judge's instructions in the
article leave a little to be desired. The jury must decide if Sandusky had any criminal intent
at the time of these showers. Where are the lines anymore? You don't get in the shower with
little children, much less touching and massaging them. Sandusky is a mental case. if they
don't send him to jail, get this man some help. This whole thing is absolutely disgusting!!!!!
I'm convinced,and psychiatry will never admit the connection between pederasty and homosexuality
pained1 - There is no connection between pedastry and homosexuality.
Well, as long as you're convinced. LOL
Well, you are right that it won't be admitted since it isn't there.
The Jury's out and let's see what happens. There is still rule of law in this Country except if you are the President. How's the market doing? Job Market in the tank you say? Obama is a ruthless criminal? Holder a crony? You say you need food stamps? Would love a PAID day off?
Well MSNBC will not report it.
This is amazing. Not a word. Even the Denver Post was afraid to place F and F under the fold. They know Colorado is starting to lean Romney and they are printing the news - a little anyway.
Wake up people. You are being mislead.
LOL, file this post under "Has Absolutely Nothing To Do With Subject Matter"
troll.
From all that I've heard, it seems this guy would enjoy going to prison.
Well, you would be wrong. He will not be happy in prison and he doesn't not want adult men. You are wrong. He would probably end up dead.
No, in prison the inmates are bigger and stronger than you. You can't pick on them the way you do little boys.
They keep saying that he was in the shower with a boy, soaping him up! but that it was not a crime?? give me a royal break! an old fart with a young boy in the shower?? not appropriate behavior, a crime, and everyone knows it!!!!! and what is with the wife!! She is just as guilty, She knew it! and is only covering her own ass.
It's inappropriate behavior, but apparently not against the law (for now).
It is against the law to expose yourself. Go step outside and drop your pants and see if it's illegal.
Just one more thing, if Sandusky is found guilty and sent to prison with other inmates, that
would definitely be something he deserves. He may not have such a great time, because the
inmates are grown men. Sandusky it appears was only engaging with young boys!
There are two reasons why a defendant like Sandusky should not testify: 1.) He is guilty, and 2.)He is really guilty. His atty is already trying to do damage control. He had nothing to refute the victims' testimony. Mrs. Sandusky's testimony is a non-sequitur, as much of the alleged crimes occurred NOT in their home.
It is a common thing for defendents to NOT testify. They have NO obligation to. It is up to the prosecutors to PROVE guilt. It is not up to the defendent to PROVE innocence. That's the way our legal system works.
wryview,the reason Sandusly didn't take the stand is because the prosecution threatened to put his son on the stand as a rebuttal witness to testify against him. That says a whole lot right there. What could his son have to say that would scare Sandusky out of taking the stand and procaliming his so called innocence?
I know that - but it is common practice for defendents to NOT take the stand as they don't have to PROVE their innocence.
No, they don't. But if a defendant is really convincing and a great speaker who comes across as believable, and if the prosecution has no rebuttal witness or embarrassing questions they feel s/he will squirm through, putting her/him on the stand can help.
On the other hand, people like Sandusky seem to have no filters and no clue how guilty they sound, so they would crucify themselves. I can see it now, "Oh yes, I showered and soaped them and rubbed backs naked, and sure, I love them all and would hug them in the shower while we were all soaped up and I was aroused. Oh, and sure, I would play tickle with them, too and the raspberries on the tummies slid lower sometimes...sure. But I didn't do it with everyone, so doesn't that count that I helped some kids even if I loved on some of the others along the way? Doesn't everyone get hard in the showers with little boys?"
Those defendants...the guilty ones who don't get how disgusting their comments are, or the ones who may or may not be innocent but who get confused or are bad speakers...don't get on the stand. Not getting up there doesn't mean a person is guilty, but not getting up there and the defense resting right after you find out a potential witness or victim is about to testify when they had said he would is suspect to me personally.
Instead of tossing a fooball around, Jerry can toss some salad!!! I'm sure you can "soap" up as many boys as you like in the "State Penn"... I hear the book store is selling "Jerry Sandusky" soap on a rope...hahahaha
I played every sport my schools offered including Football, Basketball, Baseball, Track and field, and even soccer, but I have never heard of a coach taking a shower with their players. My brothers, all 8 of them also played sports for many years and never once did they have a coach in the showers. This is only done by a pedophile or a sick pervert looking to get turned on. NO coach has ever taken a shower with their players for this nations 200 years of sports history, unless that coach was a pedophile. Jerry, you are a pedophile and there is no excuse for your behavior, you sick twisted pervert.
Ps. you give perverts like myself a bad name!!! damn you!!!!
what about the kids railroaded by Sandusky?
Lets hope the jury is smarter than the jury that Casey Anthony had! I'm really tired of everyone saying the system works when killers and rapists go free.
Please, please, please find him guilty and lock him up forever. Then arrest his wife for covering for him.
Itshard2lookat......Your still married to this piece of crap? WHY???